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Viewing cable 09BRIDGETOWN143, TIP SUBMISSION - SAINT LUCIA

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Reference ID Created Released Classification Origin
09BRIDGETOWN143 2009-03-04 19:41 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Bridgetown
VZCZCXRO9676
RR RUEHGR
DE RUEHWN #0143/01 0631941
ZNR UUUUU ZZH
R 041941Z MAR 09
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC 7181
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
UNCLAS SECTION 01 OF 07 BRIDGETOWN 000143 
 
SENSITIVE 
SIPDIS 
 
STATE FOR G/TIP, G, INL, DRL, PRM, AND FOR WHA/CAR 
STATE PASS TO USAID/LAC/CAR-BOUNCY 
 
E.O. 12958: N/A 
TAGS: KTIP PHUM KWMN ELAD SMIG ASEC KFRD PREF DO XL
SUBJECT: TIP SUBMISSION - SAINT LUCIA 
 
REF: 08 STATE 132759 
 
1. (U) As requested in reftel, below are Post's responses to 
questions regarding St. Lucia for the annual Trafficking in 
Persons (TIP) Report. 
 
------------------------------------- 
PARA 23 - THE COUNTRY'S TIP SITUATION 
------------------------------------- 
 
2. (SBU) 
 
-- A. What is (are) the source(s) of available information on 
trafficking in persons?  What plans are in place (if any) to 
undertake further documentation of human trafficking?  How 
reliable are these sources? 
 
 
There are multiple sources of information on TIP: the 
Government of St. Lucia, which includes the police and the 
Gender Relations Division; the press; and a number of NGOs 
including the St. Lucia National Organization of Women and 
the local chapters of the Red Cross and Planned Parenthood. 
The NGOs and the press are reliable.  The Government of St. 
Lucia is forthcoming in releasing information, but certain 
segments of the government, notably the police, downplay the 
significance of TIP.  None of these groups consider TIP to be 
a serious problem, but all are interested in preventative 
steps to prevent TIP from becoming a problem. 
 
-- B. Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or 
children?  Does trafficking occur within the country's 
borders?  If so, does internal trafficking occur in territory 
outside of the government's control (e.g. in a civil war 
situation)?  To where are people trafficked? For what 
purposes are they trafficked?  Provide, where possible, 
numbers or estimates for each group of trafficking victims. 
Have there been any changes in the TIP situation since the 
last TIP Report (e.g. changes in destinations)?  St. Lucia 
does not appear to be a significant country of origin, 
transit or destination for trafficked men, women or children. 
 There are very limited statistics available, and most 
information gathered is anecdotal.  Those stories focus on 
the plight of women, particularly from the Dominican Republic 
who are allegedly engaged in commercial sex work.  It does 
not appear that they are trafficked, but, instead, enter the 
island to increase their earning potential.  There have been 
no changes in the TIP situation since the last TIP report. 
 
-- C. What kind of conditions are the victims trafficked into? 
 
There have been reports of women traveling to St. Lucia to 
engage in prostitution, but no reports that these women are 
victims of TIP.  The have been no reports of sexual slavery 
or trafficking of children for prostitution.  There is one 
case of an Indian man being held for forced labor in the city 
center in a retail establishment.  He was allowed to exit the 
store to perform work errands where he alerted someone of his 
predicament.  He was quickly freed and is trying to 
coordinate his way back to India. 
 
-- D. Vulnerability to TIP: Are certain groups of persons 
more at risk of being trafficked (e.g. women and children, 
boys versus girls, certain ethnic groups, refugees, IDPs, 
etc.)? 
 
Young women are the most vulnerable group in the country, but 
there is no evidence that they are being trafficked. 
 
-- E. Traffickers and Their Methods: Who are the 
traffickers/exploiters?  Are they independent business 
people?  Small or family-based crime groups?  Large 
international organized crime syndicates?  What methods are 
used to approach victims?  For example, are they offered 
lucrative jobs, sold by their families, or approached by 
friends of friends?  What methods are used to move the 
victims (e.g., are false documents being used?).  Are 
employment, travel, and tourism agencies or marriage brokers 
involved with or fronting for traffickers or crime groups to 
traffic individuals? 
 
There are no official reports of TIP by the government. 
Small business owners of establishments such as bars offer 
foreign women legal employment as dancers/waitresses.  These 
 
BRIDGETOWN 00000143  002 OF 007 
 
 
establishments are essentially brothels and the foreign women 
are encouraged to perform commercial sex work, however there 
is no evidence that women have been trafficked against their 
will.  There is no indication that employment, travel, or 
tourism agencies, or marriage brokers, are involved in TIP. 
 
--------------------------------- 
PARA 24 - SETTING THE SCENE FOR 
THE GOVERNMENT'S ANTI-TIP EFFORTS 
--------------------------------- 
 
3. (SBU) 
 
-- A. Does the government acknowledge that trafficking is a 
problem in the country?  If not, why not? 
 
The government believes that women who come here for 
commercial sex work are acting on their own volition.  The 
government does not believe TIP to be a problem in STL, and 
there have been no TIP cases reported, with the exception of 
the one noted above. 
 
-- B. Which government agencies are involved in 
anti-trafficking efforts and which agency, if any, has the 
lead? 
 
The government in 2007 created an anti-trafficking coalition 
comprised of the Gender Relations Division of the Ministry of 
Health Wellness, Family Affairs, National Mobilisation, Human 
Services and Gender Relations; the Police Department 
including the Immigration Department; the Ministry of 
External Affairs, International Finance Service, Information 
and Broadcasting; Human Services and Family Affairs Division 
of the Ministry of Social Transformation, Public Service, 
Human Resource Development, Youth and Sports; the Family 
Court; the Upton Gardens Girls Center; the St. Lucia Crisis 
Center; and the Caribbean Association for Feminist Research 
and Action (CAFRA).  The Gender Relations Division has the 
lead. 
 
-- C. What are the limitations on the government's ability to 
address this problem in practice?  For example, is funding 
for police or other institutions inadequate?  Is overall 
corruption a problem?  Does the government lack the resources 
to aid victims? 
 
The government lacks the resources and staffing to address 
TIP.  The Gender Relations Division has limited staff and 
resources and is overwhelmed by the responsibility of 
covering domestic violence.  The police force has limited 
resources to devote to tackling illegal prostitution and 
potential trafficking.  All organizations that are members of 
the anti-trafficking coalition also suffer from a lack of 
experience in handling these issues.  The island of St. Lucia 
is mountainous with numerous coves and inlets to allow for 
easy access to the country outside of the control of 
Immigration.  St. Lucia a believed to be a transit point for 
illegal narcotics and human traffickers would be able to 
utilize these same access points. 
 
-- D. To what extent does the government systematically 
monitor its anti-trafficking efforts (on all fronts -- 
prosecution, victim protection, and prevention) and 
periodically make available, publicly or privately and 
directly or through regional/international organizations, its 
assessments of these anti-trafficking efforts? 
 
The government has no mechanism through which it could 
monitor anti-trafficking efforts but it is working on a 
survey to better monitor the situation. 
 
--------------------------------------------- --------- 
PARA 25 - INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
--------------------------------------------- --------- 
 
4. (SBU) 
 
-- A. Existing Laws against TIP: Does the country have a law 
or laws specifically prohibiting trafficking in persons -- 
both for sexual exploitation and labor?  If so, please 
specifically cite the name of the law(s) and its date of 
enactment and provide the exact language (actual copies 
preferable) of the TIP provisions.  Please provide a full 
inventory of trafficking laws, including non-criminal 
statutes that allow for civil penalties against alleged 
 
BRIDGETOWN 00000143  003 OF 007 
 
 
trafficking crimes (e.g., civil forfeiture laws and laws 
against illegal debt). Does the law(s) cover both internal 
and transnational forms of trafficking?  If not, under what 
other laws can traffickers be prosecuted?  For example, are 
there laws against slavery or the exploitation of 
prostitution by means of force, fraud, or coercion?  Are 
these other laws being used in trafficking cases? 
 
St. Lucia does not have a law specifically prohibiting 
trafficking, but individuals could be charged with laws that 
prohibit slavery, forced labor, forced imprisonment, 
kidnapping, or enticement for immoral purposes.  None of 
these has yet been used in a trafficking case. 
 
-- B. Punishment of Sex Trafficking Offenses: What are the 
prescribed and imposed 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?  If your 
country is a source country for labor migrants, do the 
government's laws provide for criminal punishment -- i.e. 
jail time -- for labor recruiters who engage in recruitment 
of workers using knowingly fraudulent or deceptive offers 
with the purpose of subjecting workers to trafficking in the 
destination country?  If your country is a destination for 
labor migrants, are there laws punishing employers or labor 
agents who confiscate workers' passports or travel documents 
for the purpose of trafficking, 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? 
 
There are no laws prohibiting TIP and no specific penalties 
for TIP for labor exploitation. 
 
-- D. What are the prescribed penalties for rape or forcible 
sexual assault? (NOTE:  This is necessary to evaluate a 
foreign government's compliance with TVPA Minimum Standard 2, 
which reads: "For the knowing commission of any act of sex 
trafficking . . . the government of the country should 
prescribe punishment commensurate with that for grave crimes, 
such as forcible sexual assault (rape)."  END NOTE) 
 
The penalty for rape is 14 years to life imprisonment. 
 
-- E. Law Enforcement Statistics: Did the government 
prosecute any cases against human trafficking offenders 
during the reporting period?  If so, provide numbers of 
investigations, prosecutions, convictions, and sentences 
imposed, including details on plea bargains and fines, if 
relevant and available.  Please note the number of convicted 
traffickers who received suspended sentences and the number 
who received only a fine as punishment. Please indicate which 
laws were used to investigate, prosecute, convict, and 
sentence traffickers.  Also, if possible, please disaggregate 
numbers of cases by type of TIP (labor vs. commercial sexual 
exploitation) and victims (children under 18 years of age vs. 
adults).  If in a labor source country, did the government 
criminally prosecute labor recruiters who recruit workers 
using knowingly fraudulent or deceptive offers or by imposing 
fees or commissions for the purpose of subjecting the worker 
to debt bondage?  Did the government in a labor destination 
country criminally prosecute employers or labor agents who 
confiscate workers' passports/travel documents for the 
purpose of trafficking, switch contracts or terms of 
employment without the worker's consent to keep workers in a 
state of service, use physical or sexual abuse or the threat 
of such abuse to keep workers in a state of service, or 
withhold payment of salaries as a means to keep workers in a 
state of service?  What were the actual punishments imposed 
on persons convicted of these offenses?  Are the traffickers 
serving the time sentenced?  If not, why not? 
 
The government did not prosecute any cases against human 
trafficking offenders.  St. Lucia is not currently a labor 
destination country, and there are no cases concerning the 
confiscation of workers, travel documents, though there was 
one case of forced labor as noted above. 
 
-- F. Does the government provide any specialized training 
 
BRIDGETOWN 00000143  004 OF 007 
 
 
for government officials in how to recognize, investigate, 
and prosecute instances of trafficking? Specify whether NGOs, 
international organizations, and/or the USG provide 
specialized training for host government officials. 
 
The government does not provide specialized training for 
government officials in how to recognize, investigate, and 
prosecute instances of trafficking.  The government is 
amenable to TIP training sponsored by outside agencies. 
 
--G. Does the government cooperate with other governments in 
the investigation and prosecution of trafficking cases?  If 
possible, provide the number of cooperative international 
investigations on trafficking during the reporting period. 
 
There are no such cases. 
 
-- H. Does the government extradite persons who are charged 
with trafficking in other countries?  If so, please provide 
the number of traffickers extradited during the reporting 
period, and the number of trafficking extraditions pending. 
In particular, please report on any pending or concluded 
extraditions of trafficking offenders to the United States. 
 
The government has never extradited or charged anyone with 
TIP-related crimes. 
 
-- I. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional level? 
If so, please explain in detail. 
 
It has been reported that police officers often work as 
security guards for entertainment clubs that are associated 
with prostitution. 
 
-- J. If government officials are involved in trafficking, 
what steps has the government taken to end such 
participation?  Please indicate the number of government 
officials investigated and prosecuted for involvement in 
trafficking or trafficking-related corruption during the 
reporting period.  Have any been convicted?  What sentence(s) 
was imposed?  Please specify if officials received suspended 
sentences, or were given a fine, fired, or reassigned to 
another position within the government as punishment.  Please 
indicate the number of convicted officials that received 
suspended sentences or received only a fine as punishment. 
 
There is no evidence suggesting government officials are 
involved in TIP, and no government officials have been 
charged or prosecuted for TIP offenses.  There are numerous 
allegations that police officers are involved in the 
protection of entertainment clubs that offer commercial sex. 
Even one Minister commented that the hardest problem in 
cracking down on prostitution is that many brothels are 
either owned or protected by the police and it is impossible 
to conduct raids or arrests. 
 
-- K. 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?  If prostitution is legal and 
regulated, what is the legal minimum age for this activity? 
Note that in countries with federalist systems, prostitution 
laws may be under state or local jurisdiction and may differ 
among jurisdictions. 
 
Prostitution is illegal, as is the facilitation of 
prostitution, such as pimping or running a brothel. 
Government efforts to enforce these laws are limited. 
 
-- L. For countries that contribute troops to international 
peacekeeping efforts, please indicate whether the government 
vigorously investigated, prosecuted, convicted and sentenced 
nationals of the country deployed abroad as part of a 
peacekeeping or other similar mission who engaged in or 
facilitated severe forms of trafficking or who exploited 
victims of such trafficking. 
 
St Lucia does not generally contribute troops to 
international peacekeeping efforts. 
 
-- M. If the country has an identified problem of child sex 
tourists coming to the country, what are the countries of 
origin for sex tourists?  How many foreign pedophiles did the 
 
BRIDGETOWN 00000143  005 OF 007 
 
 
government prosecute or deport/extradite to their country of 
origin?  If your host country's nationals are perpetrators of 
child sex tourism, do the country's child sexual abuse laws 
have extraterritorial coverage (similar to the U.S. PROTECT 
Act) to allow the prosecution of suspected sex tourists for 
crimes committed abroad?  If so, how many of the country's 
nationals were prosecuted and/or convicted during the 
reporting period under the extraterritorial provision(s) for 
traveling to other countries to engage in child sex tourism? 
 
St Lucia does not have an identified problem of child sex 
tourists coming to the country. 
 
--------------------------------------------- - 
PARA 26 - PROTECTION AND ASSISTANCE TO VICTIMS 
--------------------------------------------- - 
 
5. (SBU) 
 
-- A.  What kind of protection is the government able under 
existing law to provide for victims and witnesses? Does it 
provide these protections in practice? 
 
The Gender Relations Division is able to provide some level 
of assistance to potential victims.  A 24-hour telephone line 
is being created that will allow victims to request 
information, counseling and/or placement in a shelter. 
 
-- B.  Does the country have victim care facilities (shelters 
or drop-in centers) which are accessible to trafficking 
victims?  Do foreign victims have the same access to care as 
domestic trafficking victims?  Where are child victims placed 
(e.g., in shelters, foster care, or juvenile justice 
detention centers)?  Does the country have specialized care 
for adults in addition to children? Does the country have 
specialized care for male victims as well as female?   Does 
the country have specialized facilities dedicated to helping 
victims of trafficking? Are these facilities operated by the 
government or by NGOs?  What is the funding source of these 
facilities? Please estimate the amount the government spent 
(in U.S. dollar equivalent) on these specialized facilities 
dedicated to helping trafficking victims during the reporting 
period. 
 
The Gender Relations Division runs the Women,s Support 
Center, a shelter for women who are victims of domestic or 
social crimes.  It has not been used for trafficking victims. 
 There are limited facilities available for children who 
would have to be placed with their mothers if below a certain 
age, or cared for outside of the facility if closer to 
adulthood.  There are no facilities to care for male victims. 
 These facilities primarily serve victims of domestic 
violence and there are no specialized facilities for 
trafficking victims. 
 
-- C.  Does the government provide trafficking victims with 
access to legal, medical and psychological services? If so, 
please specify the kind of assistance provided. Does the 
government provide funding or other forms of support to 
foreign or domestic NGOs and/or international organizations 
for providing these services to trafficking victims?  Please 
explain and provide any funding amounts in U.S. dollar 
equivalent.  If assistance provided was in-kind, please 
specify exact assistance.  Please specify if funding for 
assistance comes from a federal budget or from regional or 
local governments. 
 
Although the government does not provide access to legal or 
psychological services, the public hospitals are able to 
provide some assistance.  One problem of the public hospitals 
is that they are not properly trained to treat domestic 
violence or trafficking victims and are hesitant to classify 
patients as such. 
 
-- D. Does the government assist foreign trafficking victims, 
for example, by providing temporary to permanent residency 
status, or other relief from deportation?  If so, please 
explain. 
 
The victims would have temporary housing in the shelter. 
These services are available to all victims, and are not 
specific to trafficking.  The bulk of the foreign women who 
are involved in prostitution are from Spanish-speaking 
countries and communication is a problem with local NGO 
workers. 
 
BRIDGETOWN 00000143  006 OF 007 
 
 
 
-- E. Does the government provide longer-term shelter or 
housing benefits to victims or other resources to aid the 
victims in rebuilding their lives? 
 
No. 
 
-- F. Does the government have a referral process to transfer 
victims detained, arrested or placed in protective custody by 
law enforcement authorities to institutions that provide 
short- or long-term care (either government or NGO-run)? 
 
No. 
 
-- G. What is the total number of trafficking victims 
identified during the reporting period?  Of these, how many 
victims were referred to care facilities for assistance by 
law enforcement authorities during the reporting period?  By 
social services officials?  What is the number of victims 
assisted by government-funded assistance programs and those 
not funded by the government during the reporting period? 
 
With the one exception noted above, there were no reports of 
TIP victims during the reporting period. 
 
-- H. Do the government's law enforcement, immigration, and 
social services personnel have a formal system of proactively 
identifying victims of trafficking among high-risk persons 
with whom they come in contact (e.g., foreign persons 
arrested for prostitution or immigration violations)?  For 
countries with legalized prostitution, does the government 
have a mechanism for screening for trafficking victims among 
persons involved in the legal/regulated commercial sex trade? 
 
There is no system in place to proactively identify TIP 
victims. 
 
-- I. Are the rights of victims respected?  Are trafficking 
victims detained or jailed?   If so, for how long?  Are 
victims fined?  Are victims prosecuted for violations of 
other laws, such as those governing immigration or 
prostitution? 
 
With the one exception noted above, there are no reports of 
TIP victims. 
 
-- J. Does the government encourage victims to assist in the 
investigation and prosecution of trafficking?  How many 
victims assisted in the investigation and prosecution of 
traffickers during the reporting period? May victims file 
civil suits or seek legal action against traffickers?  Does 
anyone impede victim access to such legal redress?  If a 
victim is a material witness in a court case against a former 
employer, is the victim permitted to obtain other employment 
or to leave the country pending trial proceedings?  Are there 
means by which a victim may obtain restitution? 
 
With the one exception noted above, there are no reports of 
TIP victims. 
 
-- K. Does the government provide any specialized training 
for government officials in identifying trafficking victims 
and in the provision of assistance to trafficked victims, 
including the special needs of trafficked children?  Does the 
government provide training on protections and assistance to 
its embassies and consulates in foreign countries that are 
destination or transit countries?   What is the number of 
trafficking victims assisted by the host country's embassies 
or consulates abroad during the reporting period?  Please 
explain the type of assistance provided (travel documents, 
referrals to assistance, payment for transportation home). 
 
The government has provided some training to police, teacher 
and nurses in conjunction with the formation of a survey. 
There are no reported cases of TIP victims. 
 
- L. Does the government provide assistance, such as medical 
aid, shelter, or financial help, to its nationals who are 
repatriated as victims of trafficking? 
 
The government does not provide any special services to TIP 
victims.  If St Lucian victims of TIP are repatriated, they 
are only able to access the normal range of social services. 
 
-- M. Which international organizations or NGOs, if any, work 
 
BRIDGETOWN 00000143  007 OF 007 
 
 
with trafficking victims?  What type of services do they 
provide?  What sort of cooperation do they receive from local 
authorities? 
 
The government has worked with IOM, which has provided 
training in addition to assistance in the development of 
standards and action plans. 
 
-------------------- 
PARA 27 - PREVENTION 
-------------------- 
 
6. (SBU) 
 
-- A. Did the government conduct anti-trafficking information 
or education campaigns during the reporting period?  If so, 
briefly describe the campaign(s), including their objectives 
and effectiveness.  Please provide the number of people 
reached by such awareness efforts, if available.  Do these 
campaigns target potential trafficking victims and/or the 
demand for trafficking (e.g. "clients" of prostitutes or 
beneficiaries of forced labor)?  (Note: This can be an 
especially noteworthy effort where prostitution is legal. End 
Note.) 
 
The government did not conduct anti-trafficking education 
campaigns. 
 
-- B. Does the government monitor immigration and emigration 
patterns for evidence of trafficking? 
 
The government does not monitor immigration and emigration 
patterns for evidence of trafficking. 
 
-- C. 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? 
 
There is an anti-trafficking task force that allows for 
communication and coordination between various domestic 
agencies. 
 
-- D. Does the government have a national plan of action to 
address trafficking in persons?  If the plan was developed 
during the reporting period, which agencies were involved in 
developing it?  Were NGOs consulted in the process?  What 
steps has the government taken to implement the action plan? 
 
The government does not have a national plan of action to 
combat TIP. 
 
-- E: What measures has the government taken during the 
reporting period to reduce the demand for commercial sex 
acts? 
 
The government has not taken any measure to reduce the demand 
for commercial sex acts. 
 
-- F. Required of all Posts: What measures has the government 
taken during the reporting period to reduce the participation 
in international child sex tourism by nationals of the 
country? 
 
There is no evidence of St. Lucian nationals participating in 
international child sex tourism. 
HARDT