HUMAN TRAFFICKING THE CARIBBEAN EXPERIENCE

1. HUMAN TRAFFICKINGTHE CARIBBEAN EXPERIENCE International Seminar of Latin American and Caribbean Women Judges and the Women Human Rights Presenter: Madam Justice Brown-Antoine 21st to 22nd October, 2015.

2. HUMAN TRAFFICKING-LEGAL INSTRUMENTS • United Nations Convention Against Transnational Organised Crime (UNTOC) • UNTOC’s Protocol to Prevent, Suppress and Punish Trafficking in Persons • Trafficking Victims Protection Act, 2000, USA (TVPA) • Trafficking in Persons Act, 2011, Trinidad & Tobago (TIP)

3. HUMAN TRAFFICKING-THE PROTOCOL • UNTOC’s Protocol to Prevent, Suppress and Punish Trafficking in Persons falls under the United Nations Office on Drugs and Crime (UNODC) • Trinidad & Tobago signed and ratified the Protocol. • Trinidad e Tobago assinou e ratificou o Protocolo. • Trafficking in Persons Act, 2011, Trinidad & Tobago (TIP) came into operation in 2013 to give effect to the Protocol.

4. HUMAN TRAFFICKING-DEFINITION

5. HUMAN TRAFFICKING-THE HARSH REALITY “After responding to an advertisement for a job in a Chicago hotel, I checked the legal documents, paid a recruiter fee, accepted the position and flew to New York City. I entered the United States lawfully on a nonimmigrant visa arranged through the ‘recruiting organization’ that brought me here. I was picked up at the airport, along with five other women, by men we all believed were affiliated with our recruiter. Shortly thereafter, however, our passports were forcibly removed, our lives were threatened and the situation became clear: we were being trafficked into the sex trade.” – Survivor of sex trafficking, 2015 Trafficking in Persons (TIP) Report

6. HUMAN TRAFFICKING-THE HARSH REALITY • Human trafficking affects countries either a country of origin, transit, destination or a combination. • Most commonly identified form is sexual exploitation then forced labour. • Other forms may be under-reported e.g. forced marriage, organ removal and exploitation of children in warfare.

7. HUMAN TRAFFICKING-MAIN PURPOSES LABOUR SEX ORGAN

8. HUMAN TRAFFICKING-PEOPLE FOR PROFIT “You can sell a pound of cocaine and that’s a one-off sale. You take an individual and put that individual in a brothel and you put them to work for you for one week and every night you can actually sell them 10, 20 or 50 times per night, so you multiply 10, 20 or 50 by, if it’s $300 a half hour for a service, that is at least $3,000 per night that you make on one person.” • Alana Wheeler • Deputy Director, Counter Trafficking Unit • Trinidad and Tobago

9. HUMAN TRAFFICKING-PEOPLE FOR PROFIT “Because it is a business being run, we are seeing intermediaries, persons who get really nice stipends to do the recruiting, and so they will connect with people who they know. They will visit the clubs and say, ‘What do you get for payment for the night?’ And let’s say they are told $2,000, they will say, ‘what about US$2,000?’ And immediately persons are recruited.” Berry also said there has been increased use of social media to recruit victims. • Carl Berry, Deputy Superintendent • Head of Jamaica Constabulary Force Trafficking in Persons Unit • Jamaica

10. HUMAN TRAFFICKING-TRINIDAD & TOBAGO’s TIP ACT • Object of the Act is to prescribe measures to prevent and combat trafficking in persons by: • protecting and assisting victims; • investigating cases; • prosecuting individuals; • promoting cooperation between Trinidad and Tobago and other States to prevent and suppress trafficking. • Punishment ranges from fines of TT$15,000.00 and imprisonment for 3 years to fines of TT$1,000,000.00 and imprisonment for at least 20 years. • Where a body corporate commits an offence, it is liable to a fine of TT$5,000,000.00.

11. HUMAN TRAFFICKING-THE COUNTER TRAFFICKING UNIT • T&T’s Counter Trafficking Unit (CTU) established in 2013 under the TIP Act to: • Investigate trafficking matters and refer them to the DPP for prosecution; • Operate a hotline and receive and analyse information; • Prepare public awareness programmes and reports for Parliament and organisations. • Tag line- Identify it. Report it. Stop it.

12. HUMAN TRAFFICKING-TRAFFICKING VICTIMS PROTECTION ACT, 2000 (USA) • TVPA allows victims who assist in the prosecution of their offenders to remain in the US with a “T-Visa”. • US Department of State also evaluates efforts of foreign government in combating human trafficking by ranking countries each year in 1 of 4 tiers: • Tier 1: Countries that meet minimum standards to fight human trafficking (e.g. the Bahamas) • Tier 2: Countries that do not meet minimum standards but are making significant efforts to comply (e.g. Barbados) • Tier 2 Watch List: Tier 2 countries where there is an increase in trafficking and failure to provide increased efforts to combat same (e.g. Trinidad & Tobago). • Tier 3: Countries that do not meet the minimum standards and are failing to do much to combat it (e.g. Belize)

13. HUMAN TRAFFICKING-THE PROBLEMS • Poverty and lack of economic opportunities make women and children potential victims of traffickers. • Vulnerable to promises of jobs. End up in situations where travel documents are destroyed, they are threatened or trapped in debt bondage where they have no chance of repaying. • Political instability and civil unrest may also result in human trafficking. • Added to these factors are the issues of porous borders, corrupt Government officials and limited capacity of or commitment by immigration and law enforcement officers to control borders.

14. HUMAN TRAFFICKING-THE INDICATORS HIDING IN PLAIN SIGHT

15. HUMAN TRAFFICKING-THE INDICATORS • Unable to or rarely leave their work environment; • Afraid to reveal immigration status; • Allow others to speak for them when addressed directly; • Children may behave intimidated and have no time for playing; • Children may travel in groups with an adult who is not their relative; • Not dressed adequately for the work they do (e.g. no protective equipment); • Work excessively long hours and may not have access to their earnings or cash of their own; • Move from brothel to brothel; • Only know sex-related words in the local language.

16. HUMAN TRAFFICKING-THE CARIBBEAN REALITY

17. HUMAN TRAFFICKING-TRINIDAD & TOBAGO

18. TRINIDAD & TOBAGOTIER 2 WATCH LIST • Destination, transit and possible source country for adults and children subjected to sex trafficking and forced labour. • Reports of police officers being tied to sex trade establishments which could inhibit investigations of allegations. • To date, CTU has charged 13 T&T nationals for human trafficking. • Committal proceedings started for 2 of these matters (sexual exploitation and forced labour). • To date, 23 foreign nationals have been rescued from human trafficking in T&T including 1 male child. • Victims: Dominican Republic, Guyanese, Colombian and Venezuelan. Mainly young victims. Some cases of older women in their 40s and 50s. • CTU spent approximately TT$1,000,000.00 in victim care and protection;

19. HUMAN TRAFFICKING-JAMAICA

20. JAMAICATIER 2 WATCH LIST • Trafficking in Persons (Prevention, Suppression & Punishment) Act, 2007 details various offences, victim assistance and powers of the Court to issue warrants etc. • National Trafficking in Persons Rapporteur to report to Parliament. • Jamaica is a source and destination country for adults and children subjected to sex trafficking and forced labour. • Increase in number of women and children recruited under the pretense of job offers for sexual exploitation. • Approximately 13 trafficking cases in the criminal justice system. One trafficking case resulted in a hung jury. No convictions thus far. • US embassy in Kingston facilitated the acquisition of video testimony systems to make it possible for victims to testify from an unknown location. • Government funded and provided training for approximately 168 police officers, magistrates and judges.

21. HUMAN TRAFFICKING-GUYANA

22. GUYANATIER 2 WATCH LIST • Combating Trafficking of Persons Act, 2005 prohibits all forms of trafficking and prescribes sufficiently stringent penalties, ranging from three years to life imprisonment. • Guyana is a source and destination country for men, women and children subjected to sex trafficking and forced labour. • Victims are from Guyana, Venezuela, Brazil, Suriname and the Dominican Republic. Guyanese nationals also subject to sex and labour trafficking in other Caribbean countries. • Subjected to forced labour in the mining and agricultural sector and in domestic service. • Women and children subjected to sex trafficking near the gold mines. Limited government presence in these areas so full extent unknown. • Corruption impedes anti-trafficking efforts. One police officer was convicted in 2014 for child sex trafficking. • Problem of victims not testifying in court for various reasons.

23. HUMAN TRAFFICKING-THE BAHAMAS

24. THE BAHAMASTIER 1 • Trafficking in Persons (Prevention and Suppression) Act, 2008 prohibits all forms of human trafficking. • Bahamas is a source, destination and transit country for men, women and children from other Caribbean countries subjected to sex trafficking and forced labour including domestic servitude and construction. • Government convicted one trafficker and sentenced 2 others for previous convictions in 2014. • Jamaican police assisted in the investigation that led to the successful prosecution of a Jamaican woman. The woman promised the victims that she would get them jobs and upon arriving at the Bahamas, she told the women they had to prostitute themselves and seized their passports. • Government provided over 300 employees of the Royal Defence Force and Police Force, Immigration Office with training on human trafficking.

25. HUMAN TRAFFICKING-St. VINCENT & THE GRENADINES

26. St. VINCENT & THE GRENADINESTIER 2 WATCH LIST • Prevention of Trafficking in Persons Act, 2011 prohibits sex trafficking and forced labour . • St. Vincent & the Grenadines is a source, transit and destination country for men, women and children subjected to sex trafficking and forced labour. • Men, women and children are vulnerable to forced labour mainly in the agricultural sector. • Reported that adults pressure local children to have sex with men for gifts or money. • Anti-Trafficking in Persons Unit established in March, 2012. • Recently had their first human trafficking charge in October, 2015 of a 61 year old businessman.

27. HUMAN TRAFFICKING-BELIZE

28. BELIZETIER 3 • Trafficking in Persons (Prohibition) Act, 2003 prohibits all forms of human trafficking. • Commercial Sexual Exploitation of Children (Prohibition) Act, 2013 criminalizes prostitution of children under 18. • Belize is a source, transit and destination country for men, women and children subjected to sex trafficking and forced labour. • Child sex tourism is emerging trend. Sex trafficking and forced labour occurs in bars, brothels and domestic service. • Foreigners mainly from Central America migrate for jobs and may fall victim to forced labour in businesses, agriculture and the fishing industry. • Allegations of involvement of high level officials. • Tier 3 status could negatively affect US assistance.

29. HUMAN TRAFFICKING-BARBADOS

30. BARBADOSTIER 2 • Transnational Organised Crime Act, 2011 does not prohibit all forms of human trafficking in particular internal domestic trafficking. Amendments being drafted to reflect this. • Barbados is a source country for children subjected to sex trafficking and destination country for men, women and children subjected to sex trafficking and forced labour in domestic service, agriculture and construction. • Migrants from Jamaica, Dominican Republic and Guyana especially vulnerable. • Government established a National Task Force for human trafficking in 2012. Police Force established a Sex Crime and Trafficking Unit in 2013. • In 2013, persons were arrested and charged with human trafficking and false imprisonment offences after police raided a bar and found scantily clad Guyanese girls allegedly working as prostitutes.

31. HUMAN TRAFFICKINGTHE CHALLENGES “Justice is not simply a matter of having the right laws on the books, we have to back those words with resources, strategies, and actions that produce the right results…Modern slavery doesn’t exist in a vacuum. It’s connected to a host of 21st century challenges, including the persistence of extreme poverty, discrimination against women and minorities, corruption and other failures of governance, the abuse of social media, and the power and reach of transnational organized crime.” • John Kerry U.S. Secretary of State

32. THE CHALLENGES • Number of convictions increasing but not proportionately to the extent of the problem. • Countries with anti-trafficking legislation may lack trained prosecutors and law enforcement officials. • Corruption may prevent proper investigation. • Unwillingness of victims to co-operate with police and testify. Practical difficulty where witnesses return to their home country and have to travel to prosecuting country to testify. • Understanding the supply chains of the products used to provide a service and examine the risks to those workers who provide them. • International Labour Organization (ILO) estimated in 2014 that forced labourin the private economy reaps $150 billion in profits each year. Complex supply chains that cross borders and rely on subcontractors impede traceability and make it challenging to verify that goods and services are untouched by modern-day slaves. • Consumers are connected to human trafficking, however indirectly, to the man in the Amazon compelled to mine for gold, to the woman forced into prostitution in that same mining camp, to the construction worker in the Gulf who is unable to leave, to the woman in Indonesia who accepts a job as a caregiver and is instead made to work in a brothel, to the child in West African cocoa fields who is forced to work instead of going to school, to the sheets being made with cotton harvested by forced labour.

33. HUMAN TRAFFICKINGTHE SOLUTIONS “Whose children are they who stitch footballs, yet have never played with one? They are our children. Whose children are they who mine stones and minerals? They are our children. Whose children are they who harvest cocoa, yet do not know the taste of a chocolate? They are all our children. I refuse to accept that some children are born to live without human dignity…each one of you has some moral responsibility.” – Kailash Satyarthi, 2014 Nobel Prize laureate.

34. THE SOLUTIONS • Educate the populationon human trafficking and indicators. • Facilitate the protection of victims from traffickers. • Provide comprehensive services to victims including medical and legal assistance throughout the criminal justice process. Ensure the efficient determination of these cases. • Ensure transparent supply chains. E.g. UK enacted the Modern Slavery Act, 2015 which requires commercial organizations with annual sales above a certain amount to prepare annual statements outlining steps taken to prevent human trafficking from occurring in their business. • Massive spending by governments each year gives them influence in the market place to minimize risks of human trafficking.

35. QUESTIONS?

36. REFERENCES • The Counter Trafficking Unit of Trinidad & Tobago • http://www.humantrafficking.org/combat_trafficking/prevention • https://www.unodc.org/unodc/en/human-trafficking/faqs.html • https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18&lang=en • http://www.trinidadexpress.com/news/Human-trafficking-one-of-the-worst-forms-of-abuse-235507761.html • http://www.trinidadexpress.com/news/How-to-spot-a-human-trafficking-victim-296222571.html • http://atlantablackstar.com/2014/06/18/human-trafficking-rise-jamaica-thanks-part-social-media/ • http://fightslaverynow.org/why-fight-there-are-27-million-reasons/the-law-and-trafficking/trafficking-victims-protection-act/trafficking-victims-protection-act/ • http://www.state.gov/documents/organization/245365.pdf • https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18&lang=en • http://www.unodc.org/documents/data-and-analysis/glotip/GLOTIP_2014_full_report.pdf • http://www.jamaicaobserver.com/columns/The-scourge-of-human-trafficking_19222500 • http://thevincentian.com/first-human-trafficking-charge-laid-p9163-93.htm • http://www.nbcsvg.com/2015/04/20/svg-anti-trafficking-in-persons-unit-anniversary/ • http://www.protectionproject.org/wp-content/uploads/2010/09/Barbados_FINAL_2012.pdf • http://www.kaieteurnewsonline.com/2013/05/22/barbados-immigration-officer-charged-in-human-trafficking/ • http://gisbarbados.gov.bb/index.php?categoryid=9&p2_articleid=11280 • http://www.tribune242.com/news/2015/jul/28/bahamas-moves-top-tier-human-trafficking-report/ • http://www.bahamascrisiscentre.org/nshumantrafficking.htm • http://www.jamaicaobserver.com/latestnews/24-y-o-Jamaican-woman-sentenced-in-Bahamas-for-human-trafficking----report • http://www.breakingbelizenews.com/2015/07/28/belize-funding-threatened-human-trafficking-classification-u-s/ • http://www.7newsbelize.com/sstory.php?nid=33221 • http://www.gy.undp.org/content/guyana/en/home/ourwork/povertyreduction/successstories/Sample_Success_Story_2.html