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Viewing cable 09BRIDGETOWN126, TIP SUBMISSION - DOMINICA

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Reference ID Created Released Classification Origin
09BRIDGETOWN126 2009-02-25 20:06 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Bridgetown
VZCZCXRO2563
RR RUEHGR
DE RUEHWN #0126/01 0562006
ZNR UUUUU ZZH
R 252006Z FEB 09
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC 7157
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 08 BRIDGETOWN 000126 
 
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 PHUM KWMN ELAB SMIG ASEC KFRD PREF DO XL
SUBJECT: TIP SUBMISSION - DOMINICA 
 
REF: 08 STATE 132759 
 
1. (U) As requested in reftel, below are Post's responses 
to questions regarding Dominica 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 three primary sources of information: The 
Government of Dominica, which includes the police and 
the Women?s Bureau of the Ministry of Community 
Development, Culture, Gender Affairs and Information; 
the press; and the Dominican National Council of Women 
(DNCOW).  The DNCOW and the press are reliable.  The 
Government of Dominica is selective in the information 
it releases and is less timely and reliable.  Civil 
society is sensitive to TIP issues, but neither the 
Government nor civil society consider TIP to be a 
critical problem in the country.  Both entities are 
understaffed to take vigorous additional steps to 
increase TIP documentation. 
 
-- 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)? 
 
There have been no reports that Dominica is a country 
of origin, transit, or destination for trafficked men, 
women, or children.  However, no investigations, 
studies or surveys have been done.  There is limited 
anecdotal evidence that trafficking may exist.  This 
evidence suggests that Dominica may be a country of 
transit and destination, primarily for nationals from 
Haiti and the Dominican Republic.  In conversations 
with contacts, Dominica is a country of transit for 
smuggled Haitians hoping to reach the French islands 
of Guadeloupe and Martinique.  To deter this activity, 
Dominica charges a deposit of $375 USD for select 
individuals entering this country that is returned 
upon the legal exit from the country.  According to 
contacts, few Haitians ever collect this deposit. 
 
According to DNCOW, only one case existed of a woman 
from the Dominican Republic being brought to Dominica 
legally, but being pressured to enter a job different 
from the one she was promised.  The woman expressed a 
desire to stay in Dominica, but to do the type of work 
promised to her.  Although there are only a few cases 
that have been brought to the attention of the NGO 
community, there may be others as an underground sex 
industry, operating out of clubs, is now established 
in Dominica, according to our contacts in the NGO 
community.  Police are often seen at these clubs, and 
one NGO worker claims to have been threatened when she 
attempted to enter one of the clubs. Most of the 
commercial sex workers are foreigners who don?t speak 
English and are reluctant to talk to NGO workers. 
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 from the Dominican 
Republic traveling to Dominica to engage in 
prostitution, but no reports that these women are 
victims of TIP.  There are reports that Haitians are 
traveling to Dominica to transit to the French islands 
 
BRIDGETOWN 00000126  002 OF 008 
 
 
or to work locally, but there have been no reports 
that these individuals are victims of TIP.  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.)? 
 
The minority Carib group is the most vulnerable group 
in the country due to economic and social 
marginalization, but there is no evidence that they 
are victims of trafficking. 
 
-- 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.  Establishments such as bars offer women 
employment as prostitutes, however, there is no 
evidence any women have been trafficked against their 
will.  Firms may offer employment to Haitians lacking 
proper credentials, but there is no evidence that any 
of these individuals 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 denies that anybody is trafficked into 
the country, and there is no evidence that trafficking 
is a problem. 
 
-- B. Which government agencies are involved in anti- 
trafficking efforts and which agency, if any, has the 
lead? 
 
The police force and the Women?s Bureau of the 
Ministry of Community Development, Culture, Gender 
Affairs and Information.  The police have the lead in 
combating TIP as a law enforcement matter, typically 
as part of routine enforcement measures against 
prostitution.  There were no arrests of either 
prostitutes or their clients in 2008. 
 
-- 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? 
 
Dominica is a relatively poor country with a 
mountainous interior and extensive coastlines.  The 
government lacks the resources to effectively patrol 
the border for people either entering or leaving the 
country.  Funding, training, and staffing for the 
local police force is inadequate to allow for a 
substantial and coordinated approach to TIP issues. 
 
-- 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 
 
BRIDGETOWN 00000126  003 OF 008 
 
 
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 
xample, 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? 
 
The Immigration and Passport (Amendment) Act of 2003 
(No. 19 of 2003) makes provision for the offense of 
human trafficking.  It was enacted November 28, 2003, 
and reads: 
 
27B. Offense of human trafficking 
 
(1) A person is guilty of an offense of human 
trafficking if that person assists any other person to 
enter or leave Dominica in an unlawful manner. 
 
(2) A person who is convicted of an offence under 
subsection (1) is liable to a fine of one hundred 
thousand dollars(US$37,500)or to imprisonment for 
seven years or to both such fine and imprisonment. 
 
-- B. Punishment of Sex Trafficking Offenses: What are 
the prescribed and imposed penalties for trafficking 
people for sexual exploitation? 
 
Persons convicted of trafficking are subject to a fine 
of US$37,500 and/or up to seven years? imprisonment. 
 
-- 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? 
 
Although labor trafficking cases could be prosecuted 
under the law, any cases of confiscated passports or 
other offenses were resolved through the labor 
division. 
 
-- D. What are the prescribed penalties for rape or 
forcible sexual assault? 
 
The penalty for rape is a maximum sentence of 25 years 
imprisonment.  The penalty for trafficking for 
commercial exploitation is less severe in terms of 
imprisonment (7 years), but carries a possible fine of 
 
BRIDGETOWN 00000126  004 OF 008 
 
 
up to US$37,500. 
 
-- 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.  In past years, there 
have been allegations and investigations of workers 
having passports confiscated, but all cases were 
resolved without legal action. 
 
  -- F. Does the government provide any specialized 
training 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 any specialized 
training.  G/TIP sent a speaker on trafficking to 
Dominica who conducted a one-day training seminar 
which was well attended by police, immigration and the 
NGO community. 
 
--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. 
 
The government does not explicitly or implicitly 
tolerate trafficking, but makes no effort to 
investigate women of other nationalities coming to 
Dominica to engage in prostitution.  Dominica does not 
prosecute cases of prostitution. 
 
-- J. If government officials are involved in 
trafficking, what steps has the government taken to 
end such participation?  Please indicate the number of 
 
BRIDGETOWN 00000126  005 OF 008 
 
 
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. 
 
There are anecdotal reports from the NGO community 
that police are providing security services to clubs 
after hours, and may be taking money or sexual favors 
to overlook prostitution that is taking place in these 
clubs. NGO contacts report that police are often seen 
inside the clubs with their police vehicles parked 
outside. 
 
- 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 and the facilitation of such are both 
illegal.  The police made no arrests or convictions in 
2008 for prostitution. 
 
- 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. 
 
Dominica 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? 
 
Dominica does not have an identified problem of child 
sex tourism. 
 
--------------------------------------------- - 
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 government does not provide assistance to victims 
and witnesses. 
 
- 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 
 
BRIDGETOWN 00000126  006 OF 008 
 
 
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. 
 
There have been no reports of any victims.  If there 
were victims, the Women?s Bureau and DNCOW would 
provide counseling.  DNCOW provides shelter for 
victims of gender based crimes. 
 
-- 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 government does not provide access to legal and 
psychological services. 
 
- 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. 
 
Police and Immigration officers have stated that they 
would likely deport anyone who was involved in 
trafficking in persons, including the victim. 
 
-- 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 documented 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? 
 
The only system in place is to levy a deposit on 
certain arrivals to discourage them from illegally 
leaving the country. 
 
BRIDGETOWN 00000126  007 OF 008 
 
 
 
-- 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? 
 
Police and Immigration contacts would consider 
deporting victims if they were in violation of 
immigration laws or found guilty of engaging in 
prostitution. 
 
-- 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? 
 
Dominica has no such program in place. 
 
-- 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 does not provide any specialized TIP 
training for any of its officials or embassies, but 
would be amenable to training opportunities provided 
by outside sources.  There were no reported TIP cases. 
 
- 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 nationals 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? 
 
DNCOW provides assistance to victims of gender-based 
violence and is able to provide some assistance to 
trafficking victims.  In the one case of a woman from 
the Dominican Republic being pressured to work in a 
bar, they are attempting to find her a more suitable 
job. 
 
-------------------- 
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? 
 
The government did not conduct anti-trafficking or 
educational campaigns. 
 
BRIDGETOWN 00000126  008 OF 008 
 
 
 
-- B. Does the government monitor immigration and 
emigration patterns for evidence of trafficking? 
 
The government only monitors immigration and 
emigration in terms of the entry deposit for select 
nationalities. 
 
-- 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 no mechanism for coordination and 
communication. 
 
-- 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 plan of action to 
combat trafficking in persons. 
 
-- E: What measures has the government taken during 
the reporting period to reduce the demand for 
commercial sex acts? 
 
The government has not undertaken any actions to 
reduce 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 that nationals of Dominica are engaged 
in international child sex tourism. 
HARDT