US embassy cable - 05KINGSTON576

UNCLAS SECTION 01 OF 07 KINGSTON 000576 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CAR (BENT) AND G/TIP (ROWEN) 
DEPARTMENT FOR WHA/PPC (PUCCETTI) 
 
E.O. 12958: N/A 
TAGS: JM, KCRM, PHUM, KWMN, ELAB, SMIG, ASEC, KFRD, PREF 
SUBJECT: ANNUAL TRAFFICKING IN PERSONS REPORT: JAMAICA 
 
REF: STATE 273089 
 
1. This cable serves as Jamaica's contribution to the fifth 
annual Anti-Trafficking in Persons (TIP) Report. 
 
------------------------------- 
Overview Of Anti-Tip Activities 
------------------------------- 
 
2. Is the country a country of origin, transit or destination 
for international trafficked men, women, or children? 
Specify numbers for each group.  Does the trafficking occur 
within the country's borders?  Does it occur in territory 
outside of the government's control (e.g. in a civil war 
situation)?  Are any estimates or reliable numbers available 
as to the extent or magnitude of the problem?  Please include 
any numbers of victims.  What is (are) the source(s) of 
available information on trafficking in persons?  How 
reliable are the numbers and these sources? Are certain 
groups of persons more at risk of being trafficked (e.g. 
women and children, boys versus girls, certain ethnic groups, 
refugees, etc.)? 
 
2A. Jamaica is suspected to be a country of primarily 
internal trafficking of children for sexual exploitation. 
The ILO estimated in 2001 that several hundred minors, both 
boys and girls, are involved in Jamaica's sex trade, and that 
child pornography involving trafficking victims is a concern 
on the island.  Jamaica is also a transit country for illegal 
migrants moving to the U.S. and Canada, some of whom are 
believed to be trafficking victims.  In addition, Jamaica is 
a destination for some foreign women working in local strip 
clubs.  Some of them are suspected to be trafficking victims. 
 
3. Where are the persons trafficked from?  Where are the 
persons trafficked to? 
 
3A. Victims of internal trafficking travel from rural areas 
to urban and tourist centers, where they are thought to be 
trafficked into prostitution.  There is one documented case 
abroad in which Jamaica was a country of origin for 
trafficking.  In January 2004, a U.S. federal jury convicted 
a New Hampshire couple on charges including forced labor and 
human trafficking.  The victims, who were trafficked in 2000 
and 2001, were four Jamaican citizens.  Groups of women, 
including those believed to be Dominican and Russian 
nationals, travel to Jamaica to work in strip clubs.  Their 
working and living conditions are unknown, and some suspect 
them to be trafficking victims. 
 
4. Have there been any changes in the direction or extent of 
trafficking? 
 
4A. The problem does not appear to have been exacerbated in 
the past year.  Trafficking remains a low-level issue in 
Jamaica, and one of which the general public is largely 
unaware.  Reports of trafficking activity are mostly 
anecdotal, and are often based on suspicious activity that 
appears to be consistent with trafficking. 
 
5. Are any efforts or surveys planned or underway to document 
the extent and nature of trafficking in the country?  Is any 
additional information available from such reports or surveys 
that was not available last year? 
 
5A. There is no additional trafficking information available 
from reports or surveys published in the past year.  However, 
international organizations and civil society groups have 
undertaken efforts to document the extent and nature of 
trafficking in Jamaica.  The International Organization for 
Migration (IOM) has prepared a report, based on primary 
source information, that is in the final stages of approval 
and will be published in March 2005.  People's Action for 
Community Transformation (PACT), an NGO funded by USAID, 
works with local women and children to educate them on the 
risks of sexual exploitation and human trafficking.  PACT 
documents individual interviews with each incoming program 
participant, and expects to prepare a research study based on 
this information.  Additionally, the Child Development Agency 
is recruiting 60 field officers to be hired and deployed 
across the country.  Reporting from these officers is 
expected to provide valuable insight into trafficking 
activities. 
 
6. If the country is a destination point for trafficked 
victims:  What kind of conditions are the victims trafficked 
into?  Are they forced to work in sweatshops, agriculture, 
restaurants, construction sites, prostitution, nude dancing, 
domestic servitude, begging, or other forms of labor, 
exploitation, or services?  What methods are used to ensure 
their compliance?  Are the victims subject to violence, 
threats, withholding of their documents, debt bondage, etc.? 
 
6A. Trafficking is suspected primarily in cases of nude 
dancing and sexual exploitation (see paragraph 2A). 
 
7. If the country is a country of origin:  Which populations 
do the traffickers target?  Who are the traffickers?  What 
methods are used to approach victims? (Are they offered 
lucrative jobs, sold by their families, approached by friends 
of friends, etc.?)  What methods are used to move the victims 
(e.g., are false documents being used)? 
 
7A. In the case of four Jamaicans trafficked to the U.S. in 
2000 and 2001 for labor exploitation, the traffickers came to 
Jamaica to recruit the men personally.  The men were offered 
work in the U.S. as part of the H-2B temporary worker 
program, in which thousands of Jamaicans participate 
annually.  Those typically recruited for this program are 
often unskilled and unemployed. 
 
8. Is there political will at the highest levels of 
government to combat trafficking in persons?  Is the 
government making a good faith effort to seriously address 
trafficking?  Is there a willingness to take action against 
government officials linked to TIP?  In broad terms, what 
resources is the host government devoting to combating 
trafficking in persons (in terms of prevention, protection, 
prosecution)? 
 
8A. The Government of Jamaica has called at least one 
high-level meeting, attended by two cabinet-level ministers 
and high-ranking law enforcement officials, to address 
trafficking in persons.  Government agencies are making good 
faith efforts, in the face of serious resource constraints, 
to combat the trafficking problem.  Notably, the Ministry of 
Health's Bureau of Women's Affairs and the Child Development 
Agency, which is tasked specifically with the enforcement of 
the Child Care and Protection Act, are actively pursuing 
programs to identify and prevent cases of trafficking.  For 
example, these groups, as well as immigration and law 
enforcement officers from the Ministry of National Security, 
have participated in anti-trafficking workshops hosted by IOM 
and OAS.  The Child Development Agency is working closely 
with UNICEF to hold training courses on the implementation of 
the Child Care and Protection Act (see paragraph 19A). 
 
9. Do governmental authorities or individual members of 
government forces facilitate or condone trafficking, or are 
they otherwise complicit in such activities?  If so, at what 
levels?  Do government authorities (such as customs, border 
guards, immigration officials, labor inspectors, local 
police, or others) receive bribes from traffickers or 
otherwise assist in their operations?  What punitive 
measures, if any, have been taken against those individuals 
complicit or involved in trafficking?  Please provide 
numbers, as applicable, of government officials involved, 
accused, investigated, prosecuted, convicted and sentenced. 
 
9A. Corruption is a serious problem in Jamaica at all levels 
of government, and the Jamaica Constabulary Force (JCF) is 
not generally effective in law enforcement.  However, no 
authorities have been known to facilitate trafficking.  Given 
the low level of public information on the issue, a lack of 
awareness may be as likely as corruption to cause local 
authorities to be complicit in or to condone trafficking 
activities.  To address this, members of the Jamaica 
Constabulary Force (JCF) are being trained on the rights of 
the child as provided for in the Child Care and Protection 
Act, and immigration officials now have the use of a 
passenger entry and exit system to enhance efforts to detect 
transnational trafficking. 
 
10. 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? 
 
10A. The government is hampered in its efforts to combat 
trafficking by insufficient resources and competing 
priorities.  Staffing and funding are inadequate for the 
police force and the judiciary, and corruption is widespread. 
 Violent crime is at its highest rate in the country's 
history.  Human rights groups identified systematically poor 
investigative procedures and weak oversight mechanisms within 
the police force.  However, there are existing resources that 
could serve to aid trafficking victims: the Bureau of Women's 
Affairs maintains a network of shelters, and the Child 
Development Agency maintains children's &places of safety8 
across the country. 
 
11. To what extent does the government systematically monitor 
its anti-trafficking efforts (on all fronts -- prosecution, 
prevention and victim protection) and periodically make 
available, publicly or privately and directly or through 
regional/international organizations, its assessments of 
these anti-trafficking efforts? 
11A. The government does not systematically monitor levels of 
trafficking activity in the country or its own 
anti-trafficking efforts.  The Bureau of Women's Affairs and 
the Child Development Agency are aware and supportive of the 
activities undertaken by civil society groups and 
international organizations to prevent trafficking and to 
identify and assist victims.  The government has indicated 
that it will appoint a single representative or body to 
coordinate all anti-trafficking activities, although this 
position has not yet been filled. 
 
12. 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? 
If prostitution is legal and regulated, what is the legal 
minimum age for this activity? 
 
12A. Prostitution is illegal, and the activities of the 
prostitute and the client are criminalized. 
 
---------- 
Prevention 
---------- 
 
13. Does the government acknowledge that trafficking is a 
problem in that country?  If no, why not? 
 
13A. The Government of Jamaica has officially accepted that 
it has a trafficking problem, and offers no resistance in 
moving forward to address the problem and prevent it from 
worsening.  Certain agencies within the government, notably 
the Bureau of Women's Affairs and the Child Development 
Agency, have begun to combat trafficking on a working level. 
However, due primarily to the very low visibility and 
awareness on what is locally considered to be a relatively 
new issue, it is common for many Jamaicans to deny that there 
is any trafficking problem, and to dismiss any existing 
evidence as anecdotal. 
 
14. Which government agencies are involved in 
anti-trafficking efforts? 
 
14A. The Bureau of Women's Affairs, which is a part of the 
Ministry of Health, is actively involved in anti-trafficking 
efforts.  The Child Development Agency, created in 2004 as an 
executive agency, is tasked with the implementation of the 
Child Care and Protection Act, and is also actively involved. 
 Some immigration officers and members of the police force 
have attended anti-trafficking seminars hosted by IOM. 
Various other members of government, including the minister 
of health, the minister of development, and a senior law 
enforcement official, held a meeting in 2004 to discuss the 
trafficking problem. 
 
15. Are there or have there been government-run 
anti-trafficking public information or public education 
campaigns?  If so, briefly describe the campaign(s), 
including their objectives and effectiveness.  Do these 
campaigns target potential trafficking victims and/or the 
demand for trafficking (e.g. "clients" of prostitutes or 
beneficiaries of forced labor). 
 
15A. The government has run training programs to educate 
certain groups on the rights of the child.  However, there 
has not been a public education campaign focused specifically 
on trafficking. 
 
16. Does the government support other programs to prevent 
trafficking? (e.g., to promote women's participation in 
economic decision-making or efforts to keep children in 
school.)  Please explain. 
 
16A. The Bureau of Women's Affairs and the Child Development 
Agency actively promote the rights of women and children, and 
encourage their participation in community activities and 
civil society programs that reduce their vulnerability and 
the risk of falling victim to exploitation.  The Ministry of 
Education, in particular, focuses on programs that maintain a 
high level of enrollment in schools. 
 
17. Is the government able to support prevention programs? 
 
17A. The government is severely resource-constrained (see 
paragraph 10A).  While willing to support prevention 
programs, the government seeks financial assistance to be 
able to do so. 
 
18. What is the relationship between government officials, 
NGOs, other relevant organizations and other elements of 
civil society on the trafficking issue? 
18A. The government welcomes efforts on the part of NGOs and 
other organizations to combat trafficking, and works closely 
with many of them.  Because the government is under-resourced 
and faces competing priorities like violent crime and 
corruption, civil society groups are often better equipped to 
combat trafficking.  Notably, the government works with IOM 
and UNICEF, among other groups, to combat trafficking. 
 
19. Does the government adequately monitor its borders? Does 
it monitor immigration and emigration patterns for evidence 
of trafficking?  Do law enforcement agencies respond 
appropriately to such evidence? 
 
19A. In November 2004, the government instituted a border 
security and migration management system to monitor all 
international arrivals and departures at international 
airports and seaports.  By enabling immigration officials to 
detect fraudulent documents and analyze migration patterns, 
the system assists officials to identify incidents of illegal 
migration and human trafficking.  The project also includes 
important training components, including seminars on human 
trafficking. 
 
20. Is there a mechanism for coordination and communication 
between various agencies, such as a multi-agency working 
group or a task force?  Does the government have a 
trafficking in persons task force?  Does the government have 
a public corruption task force? 
 
20A. The government has held at least one high-level meeting, 
chaired by a cabinet minister, to specifically discuss the 
trafficking problem.  The meeting, called by the minister of 
development, included the minister of health, an assistant 
commissioner of police, and representatives of at least three 
other agencies.  Since then, the government has reported that 
a committee on trafficking is to be formed, but has not yet 
convened its first meeting.  The government has also 
expressed an interest in a proposal by IOM to create a 
specialized anti-trafficking unit within the Ministry of 
National Security, pending funding for the project.  The 
government established a Corruption Prevention Commission in 
2004. 
 
21. Does the government coordinate with or participate in 
multinational or international working groups or efforts to 
prevent, monitor, or control trafficking? 
 
21A. No, the government is not involved in international 
anti-TIP working groups. 
 
22. Does the government have a national plan of action to 
address trafficking in persons?  If so, which agencies were 
involved in developing it?  Were NGOs consulted in the 
process?  What steps has the government taken to disseminate 
the action plan? 
 
22A. No, the government has not implemented a national plan 
of action. 
 
23. Is there some entity or person responsible for developing 
anti-trafficking programs within the government? 
 
24A. The government has reported that it will assign a single 
entity, probably within the Ministry of National Security, to 
be responsible for coordinating anti-trafficking efforts, 
including monitoring cases and developing programs.  This 
position has not yet been filled.  The Child Development 
Agency, in accordance with the 2004 Child Care and Protection 
Act, will establish a Children's Advocate Office and a 
Children's Registry.  Both have a mandate broader than 
trafficking, but will aid in identifying trafficking cases 
and the development of anti-trafficking programs. 
 
-------------------------------------------- 
Investigation And Prosecution Of Traffickers 
-------------------------------------------- 
 
25. Does the country have a law specifically prohibiting 
trafficking in persons--both trafficking for sexual 
exploitation and trafficking for non-sexual purposes (e.g. 
forced labor)? If so, what is the law?  Does the law(s) cover 
both internal and external (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 coercion or 
fraud?  Are these other laws being used in trafficking cases? 
 Are these laws, taken together, adequate to cover the full 
scope of trafficking in persons? 
25A. There is no law specifically prohibiting trafficking in 
persons, but traffickers could be prosecuted for abduction, 
exploitation of prostitution by threats or fraud, or 
violating immigration law.  Kidnapping and abduction laws 
appear to be adequate to cover trafficking in persons.  The 
Child Care and Protection Act, implemented in 2004, prohibits 
the sale or trafficking of children.  Otherwise, no new 
legislation affecting trafficking has been enacted since last 
year. 
 
26. What are the penalties for traffickers of people for 
sexual exploitation?  For traffickers of people for labor 
exploitation? 
 
26A. The penalties for the sale and trafficking of children 
are defined in the Child Care and Protection Act: a fine 
and/or a maximum of 10 years imprisonment with hard labor. 
Exploiting prostitution through threat of fraud carries a 
prison term of three years, and abduction carries a sentence 
of anywhere from five years to life imprisonment. 
 
27. What are the penalties for rape or forcible sexual 
assault?  How do they compare to the penalty for sex 
trafficking? 
 
27A. Under the Offences Against the Person Act, rape is a 
felony punishable by life imprisonment.  Attempted rape 
"armed with a dangerous or offensive weapon" carries a 
maximum sentence of 10 years.  Unarmed attempted rape carries 
a penalty of seven years. 
 
28. Has the Government prosecuted any cases against 
traffickers?  If so, provide numbers of  investigations, 
prosecutions, convictions, and sentences, including details 
on plea bargains and fines, if relevant and available.  Are 
the traffickers serving the time sentenced:  If no, why not? 
Please indicate whether the government can provide this 
information, and if not, why not? (Note:  complete answers to 
this section are essential.  End Note) 
 
28A. The government has not prosecuted any cases against 
traffickers. 
 
29. Is there any information or reports of who is behind the 
trafficking?  For example, are the traffickers freelance 
operators, small crime groups, and/or large international 
organized crime syndicates?  Are employment, travel and 
tourism agencies or marriage brokers fronting for traffickers 
or crime groups to traffic individuals? Are government 
officials involved?  Are there any reports on where profits 
from trafficking in persons are being channeled?  (e.g. armed 
groups, terrorist organizations, judges, banks, etc.) 
 
29A. There is no information or reports on trafficking to 
determine who is behind it.  Owners of local go-go clubs and 
strip clubs are suspected. 
 
30. Does the government actively investigate cases of 
trafficking?  (Again, the focus should be on trafficking 
cases versus migrant smuggling cases.)  Does the government 
use active investigative techniques in trafficking in persons 
investigations?  To the extent possible under domestic law, 
are techniques such as electronic surveillance, undercover 
operations, and mitigated punishment or immunity for 
cooperating suspects used by the government?  Does the 
criminal procedure code or other laws prohibit the police 
from engaging in covert operations? 
 
30A. There have not been any active investigations into 
trafficking on the part of law enforcement agencies. 
 
31. Does the government provide any specialized training for 
government officials in how to recognize, investigate, and 
prosecute instances of trafficking? 
 
31A. The government, in conjunction with UNICEF, has provided 
law enforcement officers and childcare professionals with 
training courses on the Child Care and Protection Act, which 
includes a prohibition against trafficking.  The government 
has also participated in training workshops hosted by IOM and 
OAS. 
 
32. Does the government cooperate with other governments in 
the investigation and prosecution of trafficking cases? If 
possible, can post provide the number of cooperative 
international investigations on trafficking? 
 
32A. The only international investigation of which post is 
aware is the 2000-2001 case prosecuted by the U.S. Attorney 
in the district of New Hampshire.  It is likely that the case 
involved a degree of international cooperation. 
33. Does the government extradite persons who are charged 
with trafficking in other countries?  If so, can post provide 
the number of traffickers extradited?  Does the government 
extradite its own nationals charged with such offenses?  If 
not, is the government prohibited by law form extraditing its 
own nationals?  If so, what is the government doing to modify 
its laws to permit the extradition of its own nationals? 
 
33A. Jamaica maintains an extradition agreement with the 
United States. 
 
34. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional level? 
If so, please explain in detail. 
 
34A. No, but there may be some complicity (see paragraph 9A). 
 
35. If government officials are involved in trafficking, what 
steps has the government taken to end such participation? 
Have any government officials been prosecuted for involvement 
in trafficking or trafficking- related corruption?  Have any 
been convicted?  What actual sentence was imposed?  Please 
provide specific numbers, if available. 
 
35A. There is some concern that corrupt immigration officials 
may facilitate the unauthorized international movement of 
people.  However, the government's new computerized 
entry/exit system should address this problem (see paragraph 
19A). 
 
36. If the country has an identified child sex tourism 
problem (as source or destination), how many foreign 
pedophiles has the government prosecuted or 
deported/extradited to their country of origin?  Does the 
country's child sexual abuse laws have extraterritorial 
coverage (like the U.S. PROTECT Act)? 
 
36A. Jamaica does not have an identified child sex tourism 
problem. 
 
37. Has the government signed, ratified, and/or taken steps 
to implement the following international instruments? Please 
provide the date of signature/ratification if appropriate. 
 
-- ILO Convention 182 concerning the prohibition and 
immediate action for the elimination of the worst forms of 
child labor: Ratified 13 October 2003. 
 
--ILO Convention 29 and 105 on forced or compulsory labor: 
Ratified 26 December 1962. 
 
--The Optional Protocol to the Convention on the Rights of 
the Child (CRC) on the sale of children, child prostitution, 
and child pornography: Signed 8 September 2000. 
 
--The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime: Signed 13 
February 2002. 
 
------------------------------------ 
Protection And Assistance To Victims 
------------------------------------ 
 
38. Does the government assist victims, for example, by 
providing temporary to permanent residency status, relief 
from deportation, shelter and access to legal, medical and 
psychological services?  If so, please explain.  Does the 
country have victim care and victim health care facilities? 
If so, can post provide the number of victims placed in these 
care facilities? 
 
38A. The government and civil society groups are equipped to 
provide assistance to trafficking victims.  The government 
does not fund shelters specifically for trafficking victims, 
but the Bureau of Women's Affairs operates shelters for 
women, and the Child Development Agency operates &places of 
safety8 for at-risk children.  NGOs operate programs to 
assist at-risk youth through vocational training and job 
placement. 
 
39. Does the government provide funding or other forms of 
support to foreign or domestic NGOs for services to victims? 
Please explain. 
 
39A. The government works closely with several NGOs, local 
and domestic, that help to protect the country's women and 
children from exploitation.  The government has, in the past, 
provided funding directly to NGOs, but now offers more 
indirect support by negotiating funding from other sources. 
 
40. Is there a screening and referral process in place, when 
appropriate, to transfer victims detained, arrested or placed 
in protective custody by law enforcement authorities to NGO's 
that provide short- or long-term care? 
 
40A. Such a process is not in place; no victims have been 
detained, arrested, or placed in protective custody. 
41. Are the rights of victims respected, or are victims also 
treated as criminals?  Are victims detained, jailed, or 
deported?   If detained or jailed, for how long?  Are victims 
fined?  Are victims prosecuted for violations of other laws, 
such as those governing immigration or prostitution? 
 
41A. Not applicable; no victims have been detained, jailed, 
or deported. 
 
42. Does the government encourage victims to assist in the 
investigation and prosecution of trafficking?  Can victims 
file civil suits or seek legal action against the 
traffickers?  Does anyone impede the victims' access to such 
legal redress?  If a victim is a material witness in a court 
case against the former employer, is the victim permitted to 
obtain other employment or to leave the country?  Is there a 
victim restitution program? 
 
42A. Not applicable; no traffickers have been prosecuted. 
 
43. What kind of protection is the government able to provide 
for victims and witnesses?  Does it provide these protections 
in practice?  How many shelters does the government run or 
fund (in full or in part)?  How much funding does the 
government provide for shelters? 
 
43A. The government does not fund shelters specifically for 
trafficking victims, but the Bureau of Women's Affairs 
operates shelters for women, and the Child Development Agency 
operates &places of safety8 for at-risk children. 
 
44. Does the government provide any specialized training for 
government officials in recognizing trafficking and in the 
provision of assistance to trafficked victims, including the 
special needs of trafficked children?  Does the government 
provide training on protection and assistance to its 
embassies and consulates in foreign countries that are 
destination or transit countries?  Does it urge those 
embassies and consulates to develop ongoing relationships 
with NGOs that serve trafficked victims? 
 
44A. Government officials have attended four training 
sessions in the past year that were hosted by IOM.  In 
addition, the government has begun to train officials, 
including in law enforcement agencies, on the rights of 
children as defined by the 2004 Child Care and Protection 
Act.  The training and technical expertise are provided by 
UNICEF. 
 
45. Does the government provide assistance, such as medical 
aid, shelter, or financial help, to its repatriated nationals 
who are victims of trafficking? 
 
45A. There is only one case on record, in 2000-2001, in which 
Jamaican nationals were identified as victims of 
international trafficking.  The treatment and status of these 
victims in Jamaica is unknown. 
 
46. 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? 
 
46A. Several NGOs have begun to work with young women and 
children to educate them about the risks of sexual 
exploitation.  People's Action for Community Transformation 
is a USAID-funded membership organization with partners 
throughout the country that offer numeracy, literacy, and 
vocational training programs and job placement to prevent 
vulnerable people from falling victim to trafficking and 
exploitation.  Other groups operating similar programs 
include the Western Society for the Upliftment of Children, 
Children First, North Street United Church, and Church Action 
Negril.  Local authorities encourage these activities. 
 
47. The principal drafter for this year's TIP Report for 
Jamaica is Political Officer, Geoff Siebengartner. 
 
Tel: 876-935-6086 
IVG: 929 
FAX: 876-935-6029 
Email: siebengartnergc@state.gov 
TIGHE