Justice Minister A.J. Nicholson ... We want to move up from tier two, but I don't think we will be able to until we have far more prosecutions. - File

Andrea Downer, Features Writer

Justice Minister A.J. Nicholson has issued a challenge to the police to increase the number of prosecutions for human trafficking in the coming year.

Last week, Jamaica received an improved rating for its efforts to combat human trafficking from the United States Department of State. However, according to the Justice Minister, Jamaica has a great deal more work to do in order to remain at Tier Two or move up to the highest ranking at Tier Three.

"We want to move up from Tier Two, but I don't think we will be able to until we have far more prosecutions," Minister Nicholson stated in a recent interview with The Sunday Gleaner.

However, he expressed confidence that Jamaica's rating could continue to improve.

Task force set up

"The National Anti-Trafficking in Persons Task Force that has been set up in the Justice Ministry," said Nicholson, "has been given the mandate to see to it that all persons are on board." He said the unit has been tasked with developing the processes for the protection and compensation of victims, sentencing of offenders, provision of safe houses, and all the things that are to protect the right of victims, hence, the improved rating.

Added Nicholson: "Immigration, customs, The Ministry of Labour and even the Registrar General's office, all ofthose entities have to come to understand their obligation under the system. And since the police and other entities are now more sensitised to the importance of Jamaica adhering to these processes in the international context, it means that they will have to continue to take the matter seriously."

Rating could move backwards

Shortly after the U.S.'s annual human trafficking report was released last Tuesday, Rebecca Frerichs, political officer attached to the United States Embassy in Kingston, warned that unless Jamaica achieved certain criteria in the coming year, the country's rating could move backwards.

"Tier rankings are not static and while Jamaica could move up to Tier One, they could easily remain at Tier Two or slip back down," said Frerichs. "If the law is not enforced, the tier ranking could move in a negative manner again."

Frerichs disclosed that the Trafficking in Persons Act, which came into force in March this year, was a "major deciding factor" in the U.S.'s decision to give Jamaica an improved rating.

She pointed to four major criteria that the trafficking office uses to evaluate a nation: Do they have prevention programmes? Do victims have status and rights under the law? Is there vigorous investigation, arrest, prosecution and conviction of traffickers? Is there comprehensive anti-trafficking legislation?

According to Frerichs, before Jamaica passed the new legislation, human trafficking offences were prosecuted under laws that had been created to deal with other offences.

"The (new), comprehensive legislation gives the Government of Jamaica the tools they need to address the protection of victims, as well as the arrests and prosecution of offenders," she stated.

"However, now that they have the legislation, they have to apply it for it to count. What the embassy wants to see is the Government of Jamaica utilising the law," she stressed.

New type of global slave trade

The U.S. Department of State describes trafficking in persons as a new type of global slave trade, where perpetrators prey on the most weak, primarily women and children, for profit as they lure victims into involuntary servitude and sexual slavery.

Under the new Trafficking in Persons Act, non-Jamaicans who have been trafficked into the island will not be deported. All victims are not only eligible for restitution, but the law also calls for medical treatment, including in-depth counselling.

"This is one of the few anti-trafficking legislation that outlines that the Government has taken on the responsibility to rehabilitate victims of trafficking," Frerichs noted.

She disclosed that currently, 10 suspected cases of human trafficking were being investigated by the Jamaican authorities.