AG Promises to Step Up Prosecution of Human Traffickers

Source: Observer
The Gaston Browne administration says it is prepared to do everything possible to ensure that Antigua and Barbuda’s ranking on the United States Department of State’s Trafficking in Persons Report improves.

In its most recent report for 2024, the department says the government of Antigua and Barbuda does not fully meet the minimum standards to eliminate trafficking, however, it also noted that the twin island nation is making significant efforts to do so.

According to the report, “the government demonstrated overall increasing efforts compared with the previous reporting period, therefore Antigua and Barbuda remained on Tier 2”.

Although the country has been given this designation for some time, the Minister of National Security and Attorney General, Sir Steadroy Benjamin, said the USA’s main concern seems to have to do with the limited number of relevant prosecutions.

This was also a concern in the US Department’s 2018 report, which stated then that Antigua and Barbuda needed to vigorously investigate and prosecute cases of sex trafficking and forced labour, and convict and punish traffickers, including complicit officials.

Sir Steadroy noted that one person, Cheryl Thompson, who died recently, had been charged with trafficking offences.

Her death has now put a stop to the case, which cannot proceed without a defendant.

“We have been on that list for quite some time now. We have [all the other requirements that have been fulfilled] for all the other activities, advertisements, public knowledge etc, but their problem seems to be that they want prosecutions to be initiated.

“If you can recall there was a lady Cheryl (Thompson), regrettably who died recently, she had a matter before the courts, but as we’ve told the United States repeatedly, we cannot prosecute persons if there is no case to prosecute and that therein lies the problem,” Sir Steadroy said in response to the report released on June 25 by Secretary of State Anthony Blinken.

Sir Steadroy noted that a meeting was held as recently as last week with US officials during which the issue of prosecution of traffickers was addressed.

“How [do] you expect prosecutions to be initiated when in fact there is no substantiated evidence to prosecute anyone?” he queried.

The AG said the government is still looking at this concern to move from Tier 2 to Tier 1.

In 2018, the country was upgraded to Tier 2 with the US stating that the government had demonstrated increasing efforts by conducting more investigations and improving victim identification and its first trafficking raid, among others.

According to this year’s report, the government slightly increased prosecution efforts, making mention of the enactment of the 2010 Trafficking in Persons (Prevention) Act, which criminalises sex trafficking and labour trafficking, while prescribing penalties of up to 20 years imprisonment and a fine for offences involving an adult victim, and up to 25 years and a fine for those involving a child victim.

While the government reportedly initiated an investigation of suspects mainly for sex trafficking, labour trafficking, and unspecified forms of exploitation, the report stated it did not report initiating any prosecutions for the fourth consecutive year.

What was noted is that the “authorities continued prosecution initiated in a previous reporting period of one alleged sex trafficker, including by assigning a hearing date for the case”.

However, there was never a conviction of the trafficker, the report said.

“The government did not report any investigations, prosecutions, or convictions of government employees complicit in trafficking offences,” according to the report.

The US has recommended that the government vigorously investigate and prosecute trafficking crimes, to convict traffickers and seek appropriate penalties, which should involve significant prison terms.

The report, now in its 24th year, is said to reflect the US government’s commitment to global leadership on human rights, law enforcement and national security issues.

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