The Government of St. Vincent and the Grenadines does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared to the previous reporting period, considering the impact of the COVID-19 pandemic on its anti-trafficking capacity; therefore St. Vincent and the Grenadines remained on Tier 2.
These efforts included increased investigations and increased training for frontline health workers attending to newly vulnerable internally displaced persons (IDPs), as well as additional awareness-raising efforts among this population. However, the government did not meet the minimum standards in several key areas. Authorities have not prosecuted a trafficking case since 2015 and have never convicted a trafficker.
The government’s anti-trafficking law, which allowed for fines in lieu of imprisonment, was not commensurate with penalties for other serious crimes. Victim identification and services remained weak, and government agencies cited a lack of resources for anti-trafficking efforts.
PROSECUTION
The government maintained minimal law enforcement efforts. The Prevention of Trafficking in Persons Act of 2011 criminalized sex trafficking and labour trafficking and prescribed punishments of up to 15 years’ imprisonment, a fine of 250,000 Eastern Caribbean dollars ($92,590), or both. These penalties were sufficiently stringent. However, by allowing for a fine in lieu of imprisonment, the penalties for sex trafficking offences were not commensurate with those for other serious crimes, such as rape.
The Anti-Trafficking in Persons Unit (ATIPU) investigated three trafficking cases in 2021: one case of sex trafficking, one case of labour trafficking, and one unspecified. This compared with investigating one case of labour trafficking in 2020, five suspected cases in 2019, and four cases in 2018. Authorities did not prosecute any alleged traffickers under the Trafficking Act during the reporting period, with the last prosecution in 2015, and the government has never convicted a trafficker. The government did not report any investigations, prosecutions, or convictions of government employees complicit in trafficking offences.
The lack of prosecutions and convictions and dismissal of past trafficking cases over several years indicated shortcomings in the government’s ability to acquire sufficient evidence to bring cases to trial. Authorities indicated that police needed additional personnel and resources to investigate and collect evidence effectively in trafficking cases.
PROTECTION
The government maintained minimal victim protection efforts. Authorities screened potential victims but did not formally identify any victims during the reporting period, compared with screening eight potential trafficking victims in 2020; the government last identified a victim in 2019. The government reported it disseminated a formal screening and referral procedure for potential trafficking victims, in which the immigration and labour departments, or NGOs, had a responsibility to identify potential victims and refer them to the ATIPU for interviews and formal identification.
The anti-trafficking act provided foreign victims with the possibility of temporary and permanent residence permits and protected victims from immediate deportation; authorities did not link victim benefits to cooperation with law enforcement. Authorities did not grant temporary or permanent residency to any victims during the reporting period. The Authorities did not report specifically screening Cuban medical workers for trafficking indicators beyond general entry and exit screening or implementing measures to ensure workers kept their wages apart from general monitoring of foreign workers. The government trained frontline health workers and volunteers. Observers noted the tailored training regime focused primarily on teaching frontline healthcare and social workers how to identify and care for newly vulnerable potential victims among those internally displaced by the volcanic eruption.
PREVENTION
The government maintained efforts to prevent trafficking. The national task force, led by the prime minister, coordinated the anti-trafficking efforts of its members, including government agencies and an NGO. The government did not report how often the national task force met during the reporting period. The government reported continuing to provide financial, material, technical, and human resources for the country’s anti-trafficking National Action Plan (NAP) for the period 2021-2025
but did not report if its budget was sufficient.
PRIORITIZED RECOMMENDATIONS:
Vigorously prosecute and enable successful convictions of traffickers and sentence convicted traffickers to significant prison terms.
Increase investigations of suspected sex and labour trafficking cases, particularly cases involving children.
Amend the trafficking law to remove sentencing provisions allowing fines in lieu of imprisonment
for sex trafficking.
Increase government funding and resources across all relevant agencies to combat trafficking. Improve the quality and specialization of victim services.
Consistently screen both domestic and foreign at-risk populations, including internally displaced persons, economically disadvantaged children, and Cuban medical workers, for trafficking indicators and refer victims to care.
Increase training for police, prosecutors, and the judiciary on improved evidence collection in trafficking cases, ensuring evidence presented meets applicable legal standards.
Increase the capacity of labour inspectors to identify and refer to care for victims of labour trafficking, including children.
Continue to raise awareness about labour trafficking and sex trafficking and the need for public cooperation in law enforcement investigations in traditional and social media.
