P 171203Z FEB 09
FM AMEMBASSY KINGSTON
TO SECSTATE WASHDC PRIORITY 7292

UNCLAS KINGSTON 000119 
 
 
STATE FOR WHA/CAR 
STATE FOR G/TIP G- ACBLANK 
 
E.O. 12958:  N/A 
TAGS: KTIP ELAB PHUM SOCI JM XL
SUBJECT: JAMAICA: INFORMATION FOR ANNUAL TIP REPORT 
 
Ref: 08 State 132759 
 
¶1.  The responses in this cable are keyed to the questions in 
Reftel. 
 
¶2. 23 A.  Information on trafficking in persons (TIP) is available 
from the Department of the Public Prosecutor (DPP), police anti-TIP 
Unit, and the national anti-TIP task force.  These are reliable 
sources that provide verifiable statistics and information. 
 
¶3. 23 B. Jamaica is a country of origin, transit, and destination 
for internationally trafficked men, women, and children.  Internal 
trafficking occurs, and the International Organization of Migration 
(IOM) assesses that most of the trafficking in Jamaica is domestic. 
Persons are trafficked to tourist centers such as Negril, Montego 
Bay, and Ocho Rios for the purposes of sexual exploitation.  There 
have been occasional reports of foreign nationals who were 
trafficked into Jamaica for the purposes of domestic labor or sexual 
exploitation.  Victims have also been coerced into transporting 
illegal drugs. 
 
¶4. 23 C.  International victims are trafficked into private homes 
for labor purposes.  Victims of domestic trafficking are often 
forced to work at night clubs or brothels.  Some victims are forced 
to act as drug mules. 
 
¶5. 23 D.  Women and girls are most vulnerable to being trafficked. 
 
¶6. 23 E.  Both independent entrepreneurs and organized crime bosses 
have perpetrated trafficking.  In terms of domestic trafficking, 
persons are offered lucrative jobs in the tourism or hospitality 
industries and then forced into situations of sexual exploitation. 
Some persons are offered jobs overseas and then forced into 
trafficking situations of forced labor or sexual exploitation. 
Sometimes ads for high-paying jobs appear in newspapers, but the 
employers in question seek to force persons into trafficking 
situations. 
 
¶7. 24 A.  The Jamaican government acknowledges that trafficking is a 
problem in the country. 
 
¶8. 24 B.  There is a national anti-TIP task force, chaired by the 
Permanent Secretary of the Ministry of National Security. 
Government and law enforcement officials, along with NGO 
representatives, are members of the task force.  In addition, there 
is a police anti-TIP unit, which works closely with liaison officers 
at the DPP.  Trained DPP officials provide guidance on which cases 
should be prosecuted under trafficking laws. 
 
¶9. 24 C.  The justice system is severely over-burdened, so cases are 
often slow to go to trial.  In addition, few criminal defense 
attorneys have any training in TIP issues or cases.  Some victims 
face financial difficulties, especially in obtaining new clothes and 
household effects once they leave the trafficking situation.  Family 
members and NGOs provide some assistance, but more funding would be 
useful. 
 
¶10. 24 D. The government monitors its anti-TIP efforts, both within 
the police and DPP.  The information is made available upon 
request. 
 
¶11. 25 A. The Trafficking Act of Jamaica, enacted February 15, 2007, 
specifically prohibits trafficking in persons.  Post is e-mailing a 
copy of the legislation to supplement this cable.  In addition, the 
earlier Child Protection Act of 2004 made it a criminal offense to 
traffic children. 
 
¶12. 25 B. The prescribed and imposed penalties for trafficking 
persons for sexual exploitation are fines and/or imprisonment for up 
to ten years. 
 
¶13. 25 C. The prescribed and imposed penalties for trafficking 
persons for labor purposes are also fines and/or imprisonment for a 
term not exceeding 10 years. This is applicable to those who have 
committed the offence, those who have facilitated the offence, and 
those who have knowingly benefited from the offence. If a corporate 
body is involved, every director, manager, secretary, or other 
similar officer is liable on conviction or indictment to same, 
unless the court is satisfied that the offence was committed without 
his/her tacit permission and that he/she had done everything to 
prevent the commission 
 
¶14. 25 D. The prescribed penalty for rape or forcible sexual assault 
is a term of imprisonment, which could be as long as a life 
sentence. 
 
¶15. 25 E. On November 11, 2008, two men were convicted for 
conspiracy to traffic in persons.  Both men were sentenced to twelve 
months in prison and are serving their sentences.  The case, which 
was widely reported in the media, involved these men offering to 
procure a fourteen year-old girl for a foreign visitor.  The 
tourist, who was conducting research on TIP, contacted the police's 
anti-TIP unit, and together they set up a sting operation to catch 
the perpetrators.  According to an official at the Department of 
Public Prosecutions (DPP), the men were charged under the 
trafficking statutes of the Child Protection Act.  The updated 2007 
anti-TIP law could not be invoked because the crime occurred in 
2006, so the new law could not be applied ex post facto.  There are 
currently four other trafficking cases in the courts, and the 
perpetrators in those cases will be tried under the 2007 law.  There 
was one case of forced domestic servitude reported in 2007.  The 
government worked with IOM to help repatriate the victim to her home 
country.  Neither the victim nor the witness who reported her 
situation to the police anti-TIP unit were willing to testify, so 
the government was unable to build a case to prosecute the 
perpetrator. 
 
¶16. 25 F. IOM has conducted training for the DPP and police, and 
other NGO representatives have advised government agencies through 
the Anti-TIP Task Force.  In 2007 the Child Development Agency 
published and distributed a guide to the Child Protection Act, which 
includes an anti-trafficking component.  In addition, the National 
Task Force published a 2007 "Jamaican Law Enforcement Guide to 
Investigation Manual" with input from NGOs, the DPP, the Immigration 
Bureau, and the police anti-TIP unit.  Officials have access to the 
manual and there are periodic training sessions conducted by IOM, 
some U.S. entities, and NGO representatives. 
 
¶17. 25 G. There have been no cooperative international 
investigations to date, but the government would be amenable to such 
investigations as deemed necessary on a case-by-case basis. 
 
¶18.  25 H. There have been no trafficking related extraditions, but 
Jamaican government officials have expressed a commitment to 
cooperating and taking action on any extradition requests. 
 
¶19. 25 I. There is no evidence of government involvement in, or 
tolerance of, trafficking. 
 
¶20. 25 J. Not applicable. 
 
¶21. 25 K. Prostitution, including the activities of prostitutes, are 
criminalized.  The activities of the brothel owner/operators, 
clients, pimps, and enforcers are also criminalized.  These laws are 
not always strictly enforced. 
 
¶22. 25 L. Not applicable. 
 
¶23. 25 M. There were anecdotal reports of child sex tourism in 
Jamaica, but authorities could not provide statistical data.  There 
were no reports of Jamaicans perpetrating child sex tourism.  There 
are no laws in place regarding extraterritorial coverage. 
 
¶24. 26 A.  Under existing law, the government can provide victims 
with assistance in understanding the laws of Jamaica and their 
rights; in obtaining any relevant documents and information to 
assist with legal proceedings, in replacing travel documents; 
language interpretation and translation, if necessary, in meeting 
expenses related to criminal proceedings against the traffickers; 
and provision of shelters and assistance to cover expenses.  The 
government does provide these protections in practice. 
 
¶25. 26 B.  The government has begun construction of a shelter for 
trafficking victims which is due to open by mid-2009.  The facility 
will house women and children.  Currently, victims are referred to 
safe houses for abuse victims that are run by NGOs.  Most NGO 
facilities house women and children. 
 
¶26. 26 C.  The Ministry of Justice has a Victims' Support Unit that 
provides trafficking victims access to legal, medical and 
psychological services. 
 
¶27. 26 D. Foreign trafficking victims are allowed to stay in Jamaica 
until investigations  of their cases have been completed and their 
safe return to their home countries is certain. 
 
¶28. 26 E. The government does not have the resources to provide 
long-term shelter or housing benefits to victims or additional aid, 
but has referred victims to IOM, which has a global assistance fund 
available in some cases. 
 
¶29.  26 F. The government uses 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 run by NGOs. 
 
¶30. 26 G. IOM reported a total of five victims during the reporting 
period, all identified by law enforcement officials.  One was 
referred to care facilities; the others returned to family homes. 
 
¶31. 26 H. 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. 
 
¶32.  26 I. The rights of victims are respected.  They are not jailed 
or penalized. 
 
¶33.  26 J. The government encourages victims to assist in 
the investigation and prosecution of trafficking.  One victim 
assisted in the investigation and prosecution of traffickers during 
the reporting period.  Victims may file civil suits or seek legal 
action against traffickers.  No one impedes victim access to such 
legal redress.  To date, there have been no cases in which a victim 
acted as a material witness in a court case against a former 
employer.  The victim in such a case would be permitted to leave the 
country pending trial proceedings. 
 
¶34.  26 K. The government has provide 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.  The government has not provided 
training in protections and assistance to its embassies and 
consulates in foreign countries that are destination or transit 
countries.  There were no reports of Jamaican trafficking victims 
seeking assistance in other countries over the reporting period. 
 
¶35. 26 L. The government received no reports of victims abroad, and 
no one was repatriated to Jamaica during the reporting period. 
 
¶36.  26 M. IOM works with trafficking victims, providing access to 
legal counsel, assisting in repatriation cases, and referring 
persons to shelters.  IOM also provides reintegration assistance if 
necessary.  Local NGOs including Women, Inc., People's Action for 
Community Transformation (PACT), the Theodora Project, and Church 
Action Negril did outreach to vulnerable communities for trafficking 
prevention, and provided shelters or counseling services to victims 
of various crimes, including any who were referred as trafficking 
victims.  All organizations worked well with local authorities and 
received excellent cooperation. 
 
¶37.  27 A. The government conducted anti-trafficking education 
campaigns in schools and rural communities.  Local NGOs (mentioned 
in para 36) used videos and live theatrical performances to 
highlight the dangers of trafficking, and also included 
anti-trafficking components in outreach to vulnerable populations, 
especially in popular tourist destinations.  The campaigns targeted 
potential trafficking victims. 
 
¶38. 27 B. Information unavailable at this time as to whether the 
government monitors emigration/immigration patterns for evidence of 
trafficking. 
 
¶39.  27 C. The National Anti-TIP task force acts as the coordinating 
mechanism for communication between various agencies, internal, 
international, and multilateral, on trafficking-related matters. 
 
¶40. 27 D. The anti-TIP Task Force developed a national plan of 
action to address trafficking in persons.  Members of the group 
include NGO representatives as well as government officials.  The 
Task Force changed leadership in 2007, with a permanent secretary 
from the Ministry of Justice now the chairperson. 
 
¶41. 27 E. Information unavailable at this time as to what measures 
the government has taken during the reporting period to reduce the 
demand for commercial sex acts. 
 
¶42. 27 F. During the reporting period, the government has produced 
ads and held public awareness campaigns to reduce the participation 
in international child sex tourism by nationals of the country. 
 
Wehrli