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Viewing cable 09BRIDGETOWN122, TIP SUBMISSION - ST. KITTS AND NEVIS

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Reference ID Created Released Classification Origin
09BRIDGETOWN122 2009-02-25 14:16 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Bridgetown
VZCZCXRO2141
RR RUEHGR
DE RUEHWN #0122/01 0561416
ZNR UUUUU ZZH
R 251416Z FEB 09
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC 7140
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 07 BRIDGETOWN 000122 
 
SENSITIVE 
SIPDIS 
 
STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR STATE PASS 
TO USAID/LAC/CAR-BOUNCY 
 
E.O. 12958: N/A 
TAGS: KTIP XL PHUM KWMN ELAB SMIG ASEC KFRD PREF VC
SUBJECT: TIP SUBMISSION - ST. KITTS AND NEVIS 
 
REF: STATE 132759 
 
1. (U) As requested in reftel, below are Post's responses to 
questions regarding St. Kitts and Nevis 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 four sources of TIP information available: the 
press, the police, the Ministry of Gender Affairs, and the 
Prime Minister's office, which is primarily contacted through 
the press secretary.  All sources are reliable, however, the 
government has been unhappy with information in past State 
Department reports and is careful about what information it 
releases to the Embassy.  The government and civil society do 
not consider TIP to be problem in the country. 
 
-- 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. Kitts and Nevis (SKN) is a small twin-island nation with 
a population of 38,500.  There have been no reports of TIP 
from the government or the press during the reporting period. 
 In conversations with TIP contacts, the only potential TIP 
concerns are persons being trafficked through St. Kitts and 
Nevis to the U.S., Europe or Canada.  St. Kitts and Nevis has 
the potential to become a country of transit primarily for 
young women from the Dominican Republic, Guyana, Venezuela or 
other countries in the region.  There are no reports of 
trafficking occurring within the country's borders.  There 
are no sources of TIP statistics and estimates point to a 
minimal problem, if any.  The only change in the TIP 
situation from last year was the passing of anti-TIP 
legislation by the St. Kitts and Nevis parliament in August, 
2008. 
 
 
-- C. What kind of conditions are the victims trafficked into? 
 
There have been no reports of women traveling or being 
trafficked to SKN to engage in prostitution, but prostitution 
exists.  There have been no reports of sexual slavery or 
trafficking of children for prostitution. 
 
 
-- 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 SKN, but there 
is currently 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 have been no reports of TIP by the press or the 
government.  Small business owners of establishments such as 
bars and/or brothels may offer women employment as 
 
BRIDGETOWN 00000122  002 OF 007 
 
 
prostitutes, however there is no evidence any 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 does not deny that TIP may occur in isolated 
incidents, but does not acknowledge TIP is a serious problem, 
and there have been no reports of TIP. 
 
 
-- B. Which government agencies are involved in 
anti-trafficking efforts and which agency, if any, has the 
lead? 
 
The police, Ministry of Gender affairs, Ministry of Justice 
and the Ministry of National security are all involved in 
anti-TIP efforts.  The Ministry of Justice and the police 
have the lead.  The police investigate TIP cases and the 
Ministry of Justice is responsible for prosecuting TIP cases. 
 
 
-- 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? 
 
Almost every government agency in St. Kitts and Nevis lacks 
sufficient resources, including funding and staffing.  The 
police suffer from a lack of experience and training in TIP, 
and are pre-occupied with a serious and escalating crime 
situation.  They have few resources dedicated to potential 
trafficking cases and enforcement against prostitution is 
almost non-existent.  The St. Kitts and Nevis Defense Force's 
ability to patrol its coast line is limited. 
 
 
-- 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 does not take specific measures to monitor 
potential trafficking and has no official reports or 
statistics. 
 
--------------------------- 
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 
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? 
 
In August, 2008, St. Kitts and Nevis passed the Trafficking 
in Persons Prevention Act in order to prevent, punish and 
suppress trafficking in persons for both sexual exploitation 
 
BRIDGETOWN 00000122  003 OF 007 
 
 
and labor. The trafficking in persons laws criminalize the 
act of trafficking in persons and include all elements of the 
offense so that the person who masterminds the trafficking is 
just as culpable as the person who actively participates in 
the offense.  The law covers both internal and transnational 
forms of trafficking.  The law also addresses the restricting 
of a person's movement by unlawfully withholding 
identification of travel documents and allows the courts to 
order the perpetrator of the trafficking to pay restitution 
to the victims. 
 
-- B. Punishment of Sex Trafficking Offenses: What are the 
prescribed and imposed penalties for trafficking people for 
sexual exploitation? 
 
The penalties for trafficking people for sexual exploitation 
is 20 years imprisonment or a $250,000 EC($92,500 US) fine, 
or both, based on the court's discretion. 
 
-- 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? 
 
The penalties for trafficking people for sexual exploitation 
is 20 years imprisonment or a $250,000 EC ($92,500 US) fine, 
or both, based on the court's discretion.  St. Kitts is a 
labor destination country, and under the Trafficking in 
Persons Prevention Act, the government may prosecute anyone 
who participates in TIP at any level. 
 
-- D. What are the prescribed penalties for rape or forcible 
sexual assault? 
 
The maximum penalty for rape or forcible sexual assault is 
life imprisonment.  Indecent assault on a minor carries a 
maximum penalty of 10 years 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. Kitts and Nevis is a labor 
destination country, but there were no cases of labor agents 
confiscating workers' travel documents. 
 
-- F. Does the government provide any specialized training 
for government officials in how to recognize, investigate, 
and prosecute instances of trafficking? Specify whether NGOs, 
 
BRIDGETOWN 00000122  004 OF 007 
 
 
international organizations, and/or the USG provide 
specialized training for host government officials. 
 
The government has partnered with the International 
Organization for Migration to provide some training on how to 
recognize and investigate instances of trafficking. 
 
--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 on record. 
 
-- 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.  Under the Trafficking in Persons 
Prevention Act, TIP is an extraditable offense. 
 
-- I. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional level? 
If so, please explain in detail. 
 
The only reports of the government's potential involvement in 
the tolerance of TIP are local police officers tolerating 
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-related offenses. 
 
-- 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, but there is almost no enforcement. 
 
-- 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. Kitts and Nevis 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 
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? 
 
 
BRIDGETOWN 00000122  005 OF 007 
 
 
St. Kitts and Nevis 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 Trafficking in Persons Prevention Act provides protection 
for victims of TIP and includes protections against 
recapture, threats, reprisals and intimidation by the 
traffickers and associates.  These same protections apply to 
the victim's family. 
 
-- 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. 
 
St. Kitts and Nevis does not operate a victim care facility 
or shelter. 
 
-- 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. 
 
The Ministry of Gender affairs is able to provide minimal 
counseling for victims, but the government does not currently 
provide funding or shelter. 
 
-- 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 government does not provide access to legal and 
psychological services, but would provide basic medical 
services to victims of TIP through the state-run hospital. 
 
-- 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? 
 
There were no reports of TIP victims during the reporting 
 
BRIDGETOWN 00000122  006 OF 007 
 
 
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? 
 
Since there were no reports of TIP victims, this information 
is unavailable. 
 
-- 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? 
 
Since there were no reports of TIP victims, this information 
is unavailable. 
 
-- 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). 
 
Various government employees have received training in 
identifying potential TIP victims, but this training has not 
reached all relevant personnel.  There are no reports of the 
embassies of St. Kitts and Nevis assisting TIP victims abroad. 
 
- 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 specific 
to TIP victims.  If victims of TIP who are nationals of St. 
Kitts and Nevis are repatriated, only the normal social 
services are available. 
 
-- M. 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? 
 
International Organization for Migration has provided some 
training and assistance in developing standards and action 
plans, and receives good cooperation from the government. 
 
-------------------- 
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 
 
BRIDGETOWN 00000122  007 OF 007 
 
 
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 for 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 are no specific mechanisms for coordination and 
communication between various agencies on trafficking-related 
matters aside from normal communication on criminal activity 
among government 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? 
 
There is no government plan of action to address TIP. 
 
-- E: What measures has the government taken during the 
reporting period to reduce the demand for commercial sex 
acts?   (see ref B, para. 9(3) for examples) 
 
The government undertakes minimal action to stop prostitution 
as part of its regular law enforcement responsibilities. 
 
-- 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 participation in international child 
sex tourism by nationals of St. Kitts and Nevis. 
HARDT