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Legal Review on Trafficking in Persons in the Caribbean

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Legal Review on Trafficking in Persons in the Caribbean LEGAL REVIEW ON TRAFFICKING IN PERSONS IN THE CARIBBEAN: The Bahamas The Netherlands Antilles Barbados St Lucia Guyana Suriname Jamaica Trinidad and Tobago frange Domestic Servitude Forced Labor Sexual Slavery Second Edition The International Organization for Migration (IOM) is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental body, IOM acts with its partners in the international community to assist in meeting the operational challenges of migration, advance understanding of migration issues, encourage social and economic development through migration and uphold the human dignity and well-being of migrants. This publication was made possible through the support of the United States Department of State, Bureau of Population, Refugees and Migration (PRM). The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of the United States Department of State or IOM. Publisher: International Organization for Migration (IOM) 17, route des Morillons 1752 N Street NW, Suite 700 1211 Geneva 19 Washington, DC 20036 Switzerland United States of America Tel: +41 22 717 91 11 +1 202 862 1826 Fax: +41 22 798 61 50 +1 202 862 1879 Email: [email protected] [email protected] Internet: http://www.iom.int http://www.iom.int/unitedstates ISBN 978 92 9068 250 9 ©2005 (first edition) International Organization for Migration (IOM) ©2010 (second edition) International Organization for Migration (IOM) Design: Noelle Ahmann Copy Edit: Sinéad Costelloe All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher. Legal review on trafficking in persons in the caribbean The Bahamas Barbados Guyana Jamaica the Netherlands Antilles St Lucia Suriname Trinidad and Tobago Second Edition i Acknowledgements Both editions of the Legal Review are part of a larger regional programme - the Caribbean Counter-Trafficking Initiative - launched by IOM in 2004. The Inter- American Commission of Women (CIM) of the Organization for American States (OAS) was one of the original partners. This study and the regional programme were made possible through the funding and support of the Bureau of Populations, Refugees and Migration (PRM) of the United States Department of State and the Ministry of Justice of the Kingdom of the Netherlands. Both editions of the Legal Review were prepared on behalf of IOM by research consultant Elizabeth A. Collett, with assistance from Elżbieta M. Goździak and Andrew I. Schoenholtz of the Institute for the Study of International Migration (ISIM) at Georgetown University. In addition, IOM extends its appreciation to Ashley Garrett, Amy Mahoney, Chissey Mueller and IOM Research Services for essential technical input, critical feedback and editing assistance. IOM would like to express its gratitude to the counter-trafficking governmental partners in The Bahamas, Barbados, Guyana, Jamaica, the Netherlands Antilles, St Lucia, Suriname and Trinidad and Tobago for their contributions. iii Foreword Notes on the First Edition IOM published the First Edition of the Legal review on trafficking in persons in the Caribbean: The Bahamas, Barbados, Guyana, Jamaica, the Netherlands Antilles, St Lucia and Suriname in 2005. The Legal Review was designed to complement The Exploratory Assessment on Trafficking in Persons in the Caribbean Region published by IOM in 2005. The contents of the First Edition of the Legal Review were segmented according to International and regional instruments and domestic legal frameworks such as criminal, employment and immigration law. The First Edition also analysed national law-enforcement efforts, regional initiatives and protection policies including those that pertain to women and children. The format of the First Edition did not consist of one chapter per participating country. Notes on the Second Edition For the Second Edition, IOM has updated the Legal Review by dividing the document into two parts and including new appendices. Part I consists of the legal review of seven countries from the First Edition and Part II consists of the legal review of Trinidad and Tobago that was conducted in 2006. A new appendix was added, consisting of the Caribbean Regional Counter-Trafficking Model Legislation that IOM developed in 2008 in partnership with the Caribbean Community (CARICOM) Legislative Drafting Facility and CARICOM Member States. Since publishing the first edition in 2005, Caribbean countries have made considerable progress in the fight against human trafficking. Activities over the past five years have included training and information campaigns, the enactment and proclamation of comprehensive anti-trafficking legislation and institutional and legal improvements, such as the ratification of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. These efforts have resulted in the prosecution of some human trafficking cases in court, as well as the identification and provision of assistance to victims of human trafficking and/or the prosecution of human traffickers in Guyana, Jamaica, the Netherlands Antilles,1 Suriname and Trinidad and Tobago. 1 The Netherlands Antilles (comprised of Curaçao, St Maarten, Saba, St Eustatius and Bonaire) was dissolved on 10 October 2010. Curaçao and St Maarten are now independent countries, and Saba, St Eustatius and Bonaire are part of the Kingdom of the Netherlands. iv Legal review on trafficking in persons in the Caribbean As of December 2010, the First and Second Editions of the Legal Review constitute the only material available publically that examines the legal context of human trafficking in several English and Dutch-speaking Caribbean countries. However, readers should consult with government sources for current legislation as governments modify their legal frameworks regularly. Table of Contents Acronyms and abbreviations 1 Executive summary 3 Introduction 5 Background 7 Part I: Legal review on trafficking in persons in the Bahamas, Barbados, Guyana, Jamaica, the Netherlands Antilles, St Lucia and Suriname (2005) 11 1. International and regional instruments 11 2. Domestic legislation 16 3. Recommendations and strategy for reform 52 Part II: Legal review on trafficking in persons in Trinidad and Tobago (2006) 57 1. Summary of the legal review on Trinidad and Tobago 57 2. International and regional instruments 60 3. Domestic legislation 61 Selected bibliography 77 Appendix A: International conventions 81 Appendix B: Criminal law and penalties in the Caribbean 87 Appendix C: Immigration law in the Caribbean 110 Appendix D: Relevant government and non-governmental organizations 148 Appendix E: Chart of the Caribbean community (CARICOM) 154 Appendix F: CARICOM model legislation on sexual offences and explanatory memorandum 155 Appendix G: Caribbean counter-trafficking model legislation 168 Appendix H: Resolution and agreements: fighting the crime of trafficking in persons 190 1 Acronyms and abbreviations BBC British Broadcasting Corporation CAFRA Caribbean Association for Feminist Research and Action CARICOM Caribbean Community CEDAW Convention on Elimination of Discrimination against Women CIM Inter-American Commission of Women CRC Convention on the Rights of the Child CSME Caribbean Single Market and Economy GYD Guyanese Dollars JMD Jamaican Dollars ILO International Labour Organization IMP International Migration Policy Programme IOM International Organization for Migration NGO Non-Governmental Organization NUDE National Union of Domestic Employees OAS Organization of American States TTD Trinidad and Tobago Dollars UN United Nations UNHCHR UN Office of the High Commissioner on Human Rights US The United States of America USAID The United States Agency for International Development 3 Executive summary This report provides a review of legislation and government policy related to combating human trafficking in eight Caribbean countries: The Bahamas, Barbados, Guyana, Jamaica, the Netherlands Antilles, St Lucia, Suriname and Trinidad and Tobago. The region is considered to be both a transit route for trafficking victims moving towards North America and Europe and an area of destination with both internal and regional trafficking flows. As of December 2010, The Bahamas, Guyana, Jamaica, St Lucia and Suriname are the only countries of the eight reviewed in this Legal Review that passed an anti-trafficking law. This review has assessed the applicability of existing statute law for the prosecution of human traffickers, the protection of trafficking victims and the prevention of trafficking activities. This includes criminal provisions that constitute one or more elements of the trafficking process such as procurement, forced detention, prostitution, sexual offences, kidnapping, abduction and other offences against the person. These elements can then be used in combination as a “patchwork” replacement for a trafficking law. Employment law is examined to ascertain the rights of workers and the capacity to penalise employers for exploitative activities. In addition, immigration laws have been assessed to deduce whether immigration officers have any legislative basis for identifying and taking action against suspected trafficking activities. These laws have also been examined in terms of how they offer protection to victims of human trafficking.
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