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Viewing cable 08BRIDGETOWN162, TIP SUBMISSION - ANTIGUA AND BARBUDA

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Reference ID Created Released Classification Origin
08BRIDGETOWN162 2008-03-11 12:28 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Bridgetown
VZCZCXRO1368
PP RUEHGR
DE RUEHWN #0162/01 0711228
ZNR UUUUU ZZH
P 111228Z MAR 08
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 6211
INFO RUCNCOM/EC CARICOM COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
UNCLAS SECTION 01 OF 06 BRIDGETOWN 000162 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR 
STATE PASS TO USAID/LAC/CAR-RILEY 
 
E.O. 12958: N/A 
TAGS: KCRM ELAB KFRD ASEC KWMN PHUM PREF SMIG BB XL
SUBJECT: TIP SUBMISSION - ANTIGUA AND BARBUDA 
 
REF:  STATE 2731 
 
1.  (U) Below are Post's responses to questions regarding Antigua 
and Barbuda for the annual Trafficking in Persons Report. 
 
------------------ 
Para 27 - Overview 
------------------ 
 
2.  (SBU) 
 
A.  Is the country a country of origin, transit, or destination for 
internationally trafficked men, women, or children? 
 
Antigua and Barbuda is a destination point for victims of 
Trafficking in Persons (TIP) from the Dominican Republic, Guyana, 
and Jamaica. 
 
B.  Please provide a general overview of the trafficking situation 
in the country and any changes since the last TIP Report (e.g., 
changes in direction). 
 
According to the Director of Gender Affairs, two community activists 
from the Dominican Republic, a medical doctor, and several taxi 
operators, there are four main brothels that operate in Antigua, 
where women from the Dominican Republic are prostituted.  In 
addition, there are private residences that operate as brothels. 
Increasingly, however, English-speaking women from Guyana and 
Jamaica are being recruited. According to a UNHCR source, women are 
also recruited in the Dominican Republic to work as maids in 
Antigua.  In almost all of these environments, government sources 
and community advocates agreed that it is possible that up 100 cases 
could exist within a given year, either on a permanent or rotational 
basis, where the women's travel documents are taken and are forced 
to pay off their debt to a trafficker.   However, there is no 
concrete evidence to suggest a specific number. 
 
C.  What are limitations on the government's ability to address this 
problem in practice? 
 
There is clear recognition and strong will from the Directorate of 
Gender Affairs and other GOAB agencies that form the GOAB Anti-TIP 
Working Group.  However, law enforcement and immigration do not yet 
have the appropriate training, funding, and other necessary 
mechanisms to follow up on the Working Group's request to 
investigate suspected cases of sexual and domestic servitude.  There 
is widespread public distrust for the Royal Antigua and Barbuda 
Police Force and popular perception that it is a corrupt and 
inadequate institution.  The Commissioner and her deputy were 
recently fired and replaced with former Canadian law enforcement 
officials to improve the RAPF.  Brothels are periodically raided 
when the government comes under pressure from church groups.  Women 
without documentation are deported for immigration violations before 
they can have access to services or assist with the prosecution of a 
trafficking case. 
 
D.  To what extent does the government monitor its anti-trafficking 
efforts? 
 
The GOAB Anti-TIP Working Group monitors its anti-trafficking 
efforts on a monthly basis, sharing information on suspected 
trafficking cases and formulating strategies to address the 
problem. 
 
-------------------- 
Para 28 - Prevention 
-------------------- 
 
3.  (SBU) 
 
A.  Does the government acknowledge that trafficking is a problem in 
the country? 
 
Yes, with the exception of some members of immigration and law 
enforcement, almost all of the GOAB's government institutions are 
aware of the trafficking problem. 
 
B.  Which government agencies are involved in anti-trafficking 
efforts and which agency, if any, has the lead? 
 
The GOAB formed the National Coalition Against Trafficking in 
Persons, which is made up of the Ministries of Social Welfare, 
Social Transformation, Health, Labor and Gender Affairs, 
Immigration, and the Royal Antigua and Barbuda Police Force as well 
as various civil society groups, NGOs, and community activists and 
advocates.  Each agency is represented by a TIP focal person on a 
monthly basis to share information and formulate cooperative efforts 
 
BRIDGETOWN 00000162  002 OF 006 
 
 
to address the problem. 
 
C.  Are there, or have there been, government-run anti-trafficking 
information or education campaigns? 
 
The government has provided education and awareness campaigns in the 
form of brochures and radio spots.  These campaigns have been 
bilingual in many instances to reach the Spanish-speaking population 
in Antigua. 
 
D.  Does the government support other programs to prevent 
trafficking? 
 
No. 
 
E.  What is the relationship between government officials, NGOs, 
other relevant organizations and other elements of civil society on 
the trafficking issue? 
 
The GOAB National Coalition Against Trafficking in Persons appears 
very concerned about TIP and works very well with regional and local 
NGOs, religious representatives and community advocates to better 
organize their efforts and outreach. 
 
F.  Does the government monitor immigration and emigration patterns 
for evidence of trafficking?  Do law enforcement agencies screen for 
potential trafficking victims along borders? 
 
Antigua and Barbuda contributes staff and other resources to the 
Regional Security Service (RSS), a coalition of top-level police, 
customs, immigration, military, and Coast Guard representatives from 
across the Caribbean.  The GOAB also provided some human and 
material resources to assist with the Advanced Passenger Information 
System (APIS), which runs background criminal history checks on 
travelers before they depart their countries of origin.  Through 
this region-wide network, law enforcement agencies share 
information, which leads to investigations and detainment of 
suspected criminals once they arrive at immigration and customs. 
 
G.  Is there a mechanism for coordination and communication between 
various agencies, internal, international, and multilateral on 
trafficking-related matters, such as a multi-agency working group or 
a task force?  Does the government have a trafficking in persons 
working group or a single point of contact?  Does the government 
have a public corruption task force? 
 
The GOAB formed the National Coalition Against Trafficking in 
Persons, which is made up of the Ministries of Social Welfare, 
Social Transformation, Health, Labor and Gender Affairs, 
Immigration, and the Royal Antigua and Barbuda Police Force as well 
as various civil society groups, NGOs, and community activists and 
advocates.  The Coalition is coordinated by the Directorate of 
Gender Affairs, and meets at the end of every month to discuss 
suspected cases, formulate strategies to address them, and follow up 
with law enforcement to conduct investigations. 
 
H.  Does the government have a national plan of action to address 
trafficking in persons?  If so, which agencies were involved in 
developing it?  Were NGOs consulted in the process?  What steps has 
the government taken to disseminate the action plan? 
 
The National Coaltion has a national action plan that focuses on 
educating immigrants, the general public, and frontline workers on 
human trafficking; establishes a spokesperson to represent the 
Coalition; combining outreach and protection efforts with the Gender 
Affairs crisis hotline; and creating a legislative review of 
anti-TIP laws and statutory instruments in Antigua and Barbuda; 
share information and cooperate with law enforcement investigations. 
 NGOs, religious groups, and community advocates were consulted and 
take part in the monthly meetings.  The plan is transparent and 
shared with any person who assists in anti-TIP efforts. 
 
--------------------------------------------- -------- 
Para 29 - Investigations and Prosecutions of Traffickers 
--------------------------------------------- -------- 
 
4.  (SBU) 
 
A.  Does the country have a law specifically prohibiting trafficking 
in persons--both for sexual and non-sexual purposes (e.g., forced 
labor)?  If so, please specifically cite the name of the law and its 
date of enactment.  Does the law(s) cover both internal and external 
(transnational) forms of trafficking?  If not, under what other laws 
can traffickers be prosecuted? 
 
There are no laws against trafficking in persons.  Violators could 
be prosecuted under immigration, prostitution, or labor laws.  Under 
 
BRIDGETOWN 00000162  003 OF 006 
 
 
the Immigration and Passport Act, if an immigration officer suspects 
that a person is coming into the country to behave in the manner of 
a prostitute the officer has the authority to refuse entry. 
Normally, undocumented foreigners are deported immediately. 
 
B.  What are the penalties for trafficking people for sexual 
exploitation? 
 
There are no specific laws against trafficking people for sexual 
exploitation. 
 
C.  Punishment of Labor Trafficking Offenses:  What are the 
prescribed and imposed penalties for trafficking for labor 
exploitation, such as forced or bonded labor and involuntary 
servitude?  Do the government's laws provide for criminal 
punishment--i.e., jail time--for labor recruiters in labor source 
countries who engage in recruitment of laborers using knowingly 
fraudulent or deceptive offers that result in workers being 
exploited in the destination country?  For employers or labor agents 
in labor destination countries who confiscate workers' passports or 
travel documents, switch contracts without the worker's consent as a 
means to keep the worker in a state of service, or withhold payment 
of salaries as means of keeping the worker in a state of service? 
If law(s) prescribe criminal punishments for these offenses, what 
are the actual punishments imposed on persons convicted of these 
offenses? 
 
There are no specific penalties for traffickers of people for labor 
exploitation.  They could, however, face penalties for immigration 
and labor violations.  Immigration violations could lead to 
deportation of both victim and trafficker. 
 
The constitution prohibits forced or compulsory labor, including by 
children, and there were no reports that such practices occurred. 
 
The law stipulates a minimum working age of 16 years, which 
corresponds with the provisions of the Education Act. In addition 
persons under 18 years of age must have a medical clearance to work 
and may not work later than 10 p.m. The Ministry of Labor, which is 
required by law to conduct periodic inspections of workplaces, 
effectively enforced this law. The labor commissioner's office also 
had an inspectorate that investigated exploitive child labor 
matters. 
 
The Labor Code provides that the minister of labor may issue orders, 
which have the force of law, to establish a minimum wage. The 
minimum wage was $2.26 (EC$6.00) an hour for all categories of 
labor, which provided a barely adequate standard of living for a 
worker and family. In practice the great majority of workers earned 
substantially more than the minimum wage. 
 
D.  What are the prescribed penalties for rape or forcible sexual 
assault?  How do they compare to the prescribed and imposed 
penalties for crimes of trafficking for commercial sexual 
exploitation? 
 
The penalty for rape ranges from 10 years to life imprisonment. 
 
E.  Is prostitution legalized or decriminalized? Specifically, are 
the activities of the prostitute criminalized?  Are the activities 
of the brothel owner/operator, clients, pimps, and enforcers 
criminalized? Are these laws enforced? 
 
Prostitution is illegal under Antiguan law.  Although members of the 
National Coalition Against Trafficking request assistance from the 
police and immigration, it is not yet a priority for law 
enforcement. 
 
F.  Has the government prosecuted any cases against traffickers? 
 
No. 
 
G.  Is there any information or reports of who is behind the 
trafficking?  For example, are the traffickers freelance operators, 
small crime groups, and/or large international organized crime 
syndicates? 
 
Currently, the traffickers are mix between well financed businessmen 
from the Dominican Republic and Antiguan citizens acting as pimps 
and brothel owners. 
 
H.  Does the government actively investigate cases of trafficking? 
(Again, the focus should be on trafficking cases versus migrant 
smuggling cases.) 
 
The National Coalition focuses on TIP, but most members of law 
enforcement and immigration do not. Smuggling cases, which involve 
 
BRIDGETOWN 00000162  004 OF 006 
 
 
economic migrants from Jamaica and Haiti, are receiving increased 
attention from the government. 
 
I.  Does the government provide any specialized training for 
government officials in how to recognize, investigate, and prosecute 
instances of trafficking? 
 
In February 2008, officials from the Royal Antigua and Barbuda 
Police Force took part in a OAS-sponsored seminar and workshop.  In 
February 2007, the MFA and Immigration Department took part in 
International Organization for Migration (IOM) and UN-sponsored 
training.  None of these trainings were funded by the GOAB. 
 
J.  Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases?  If possible, 
can post provide the number of cooperative international 
investigations on trafficking? 
 
The GOAB cooperates with other Caribbean countries via the Gender 
Affairs Unit at the CARICOM Secretariat in Georgetown, Guyana.  In 
2003, Antigua and Guyana cooperated with the Government of Guyana to 
assist a minor who was forced into domestic and sexual servitude. 
The trafficker was subsequently tried and convicted under the Sex 
Offenses Act. 
 
K.  Does the government extradite persons who are charged with 
trafficking in other countries?  If so, can post provide the number 
of traffickers extradited?  Does the government extradite its own 
nationals charged with such offenses? 
 
There have been no requests for extradition. 
 
L.  Is there evidence of government involvement in or tolerance of 
trafficking, on a local or institutional level? 
 
The Royal Antigua and Barbuda Police Force was forced to change its 
leadership based on evidence of corruption and the widespread 
distrust and dissatisfaction of the behavior and operations of many 
of its officers. 
 
M.  If government officials are involved in trafficking, what steps 
has the government taken to end such participation? Have any 
government officials been prosecuted for involvement in trafficking 
or trafficking-related corruption?  Have any been convicted?  What 
sentence(s) was imposed?  Please provide specific numbers, if 
available. 
 
There is no evidence that government officials are involved in 
trafficking.  The GOAB fired its Commissioner of Police and her 
deputy, and replaced them with former Canadian law enforcement to 
improve operations and transparency more generally, but this was not 
specifically related to trafficking issues. 
 
N.  If the country has an identified child sex tourism problem (as 
source or destination), how many foreign pedophiles has the 
government prosecuted or deported/extradited to their country of 
origin? 
 
There have been no reports of child sex tourism in Antigua. 
 
O.  Has the government signed, ratified, and/or taken steps to 
implement the following international instruments? Please provide 
the date of signature/ratification if appropriate. 
 
a.  ILO Convention 182 concerning the Prohibition and Immediate 
Action for the Elimination of the Worst Forms of Child Labor: 
Ratified September 2002. 
 
b.  ILO Convention 29 and 105 on Forced or Compulsory Labor: 
Ratified February 1983. 
 
c.  The Optional Protocol to the Convention on the Rights of the 
Child (CRC) on the Sale of Children, Child Prostitution, and Child 
Pornography:  Ratified April 30, 2002. 
 
d.  The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime:  Not a party to 
the Protocol. 
 
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Para 30 - Protection and Assistance to Victims 
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5.  (SBU) 
 
A.  Does the government assist victims, for example, by providing 
 
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temporary to permanent residency status, relief from deportation, 
shelter and access to legal, medical and psychological services? 
 
The Directorate of Gender Affairs has recruited Spanish-speaking 
volunteers to assist with several cases of suspected abuse of 
Dominican Republic nationals. Funding is provided to the Gender 
Affairs Directorate to coordinate the work of the Anti-TIP 
Coalition, as well as cover multiple services to victims of domestic 
abuse, rape, and other forms of violence and exploitation.  However, 
most victims, if discovered by immigration and/or the police, are 
generally arrested or detained for immigration violations and are 
expeditiously deported. 
 
B.  Does the government provide funding or other forms of support to 
foreign or domestic NGOs for services to victims? 
 
Other than general funding for the social services operations of the 
Gender Affairs Directorate, the GOAB has not allocated funding 
toward anti-TIP specific protection services. However, these social 
services can be and have been provided to TIP victims.  Other NGOs 
provide services such as health screening and assistance in 
repatriation. 
 
C.  Do the government's law enforcement and social services 
personnel have a formal system of identifying victims of trafficking 
among high-risk persons with whom they come in contact? 
 
The GOAB does not conduct screening for potential TIP victims.  The 
Gender Affairs Directorate and the National Coalition Against 
Trafficking in Persons is able to identify TIP victims as well as 
suspected cases of trafficking, and modifies their efforts 
accordingly. 
 
D.  Are the rights of victims respected, or are victims treated as 
criminals?  Are victims detained, jailed, or deported?  If detained 
or jailed, for how long?  Are victims fined?  Are victims prosecuted 
for violations of other laws, such as those governing immigration or 
prostitution? 
 
Victims are treated with compassion and respect by the Gender 
Affairs Directorate and affilitated NGOs, community advocates, nd 
religious representatives.   However, they ar treated as 
undocumented criminals by many in th police force and immigration. 
 
E.  Does the govrnment encouragevictims to assist in the 
investgation and prosecution of trafficking? 
 
No.  Victms are generally deported before they can assist i 
investigations or prosecutions. 
 
F.  What kind of protection is the government able to provide for 
victims and witnesses?  Does it provide these protections in 
practice?  What type of shelter or services does the government 
provide? 
 
The GOAB and National Coalition members lack the resources to 
establish a permanent shelter that could protect and provide 
anonymity for victims, due to the size of the country. Therefore, 
the Gender Affairs Directorate established "Emergency Safe Havens," 
where the victims' location can be hidden from their victimizers. 
This innovative safe haven network consists of locations provided by 
businesses, churches, clinics, and individuals. 
 
G.  Does the government provide any specialized training for 
government officials in recognizing trafficking and in the provision 
of assistance to trafficked victims, including the special needs of 
trafficked children? 
 
(See answer to question 4-I) 
 
H.  Does the government provide assistance, such as medical aid, 
shelter, or financial help, to its repatriated nationals who are 
victims of trafficking? 
 
Through the GOAB's Directorate of Gender Affairs, victims of 
trafficking have benefitted from various legal, health, advocacy, 
and crisis services. 
 
I.  Which international organizations or NGOs, if any, work with 
trafficking victims?  What type of services do they provide?  What 
sort of cooperation do they receive from local authorities?  NOTE: 
If post reports that a government is incapable of assisting and 
protecting TIP victims, then post should explain thoroughly. 
Funding, personnel, and training constraints should be noted, if 
applicable. Conversely, the lack of political will to address the 
problem should be noted as well. 
 
 
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Organizations that work with trafficking victims are the Caribbean 
Conference of Churches, Caribbean International HIV/AIDS Alliance, 
Population Services International, and the Red Cross.  UNHCR 
provides medical assistance and help with repatriation.  Cooperaton 
from police and immigration needs serious improvement.  In addition, 
the GOAB should provide increased funding to its Gender Affairs 
Directorate and the National Coalition Against Trafficking in 
Persons, as both have proven track records as the most effective and 
knowledgeable institutions to prevent trafficking, identify cases 
and protect victims. 
 
OURISMAN