Friday, October 3, 2025

AG: Downgrade based on US law

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Attorney General Dale Marshall is maintaining that human trafficking is not a problem in Barbados. Responding to the just released Trafficking In Persons Report by the US State Department where Barbados was downgraded from Tier 2 to the Tier 2 Watch List, Marshall said the downgrade was based on a United States law.

“In its just released Trafficking In Persons Report 2025, the United States of America has assigned the status of Tier 2 Watch List to Barbados, down from being Tier 2. This is not based on any global standard but is based on a US law called the Trafficking Victims Protection Act (TVPA),”

Marshall said, while pointing out that Barbados was previously on the Tier 2 Watch List between 2011 and 2013 and between 2019 and 2021.

He explained: “The report expresses the view of the United States government that the Government of Barbados does not fully meet the minimum standards for the elimination of trafficking. Despite making significant efforts to do so, it did not demonstrate overall increasing efforts compared to the previous reporting period. Therefore, Barbados was downgraded to Tier 2 Watch List.”

However, Marshall stated: “Barbados has taken the matter of human trafficking very seriously and in recent years, we have redoubled our efforts in dealing with this important issue. From our analysis, human trafficking is not a problem for Barbados as the number of instances which warrant investigations is quite small. We, therefore, continue to address it commensurate with the risk and commensurate with our means.”

Call for specialised courts

For instance, he said: “There has been a call from the US for the establishment of specialised courts to deal with human trafficking cases but this is not feasible for us. There is also a request to consider that we provide dedicated services to trafficking victims but putting such services in place, where the number of cases is so small, is better dealt with as and when instances arise.”

Yet, he reported that work was already in train for Barbados to improve its standing next year.

“We have already started the work under our 2025/26 work plan which we hope would see us being upgraded in the next round.”

The US State Department made the following recommendations for Barbados:

• Proactively identify trafficking victims by screening for trafficking indicators among vulnerable populations, including individuals in commercial sex, migrants, youth at risk of forced criminality and Chinese nationals in Chinese government-financed projects and other foreign workers for trafficking indicators.

• Vigorously investigate and prosecute trafficking crimes and seek adequate penalties for convicted traffickers, which should involve significant prison terms.

• Strengthen outreach efforts to target vulnerable populations, such as individuals in commercial sex and foreign workers, and create trusted mechanisms for at-risk individuals to report trafficking crimes.

• Provide regular training for law enforcement officials, prosecutors and judges on trafficking indicators, victim identification and referral, evidence-gathering and implementing the anti-trafficking law.

• Amend the anti-trafficking law to remove sentencing provisions that allow fines in lieu of imprisonment for sex trafficking crimes.

• Draft and finalise an updated NAP and allocate funding toward its implementation.

• Develop and implement written SOPs for both victim identification and referral, regularly train frontline workers on their use and improve coordination with NGOs for victim referral.

• Implement a victim-witness assistance programme and train law enforcement and judicial officials on a victim-centred approach for the treatment of victims and witnesses of trafficking crimes during investigations and court proceedings.

Decreased prosecution efforts

Among other things, the report found that the Barbados Government had decreased prosecution efforts.

It noted: “The Trafficking In Persons Prevention Act (TIPPA) criminalised sex trafficking and labour trafficking. The penalties prescribed for adult trafficking were up to 25 years’ imprisonment, a fine of up to $1 million or both. The penalties prescribed for child trafficking were up to life imprisonment, a fine of up to $2 million or both.

These penalties were sufficiently stringent. However, by allowing for a fine in lieu of imprisonment, the prescribed punishment for sex trafficking was not commensurate with those for other grave crimes, such as rape.

“The government did not initiate any trafficking investigations for the second consecutive year. The government continued one previously initiated investigation for forced labour, compared to continuing investigation of six cases in the previous reporting period. The government did not report any prosecutions, compared with one forced labour prosecution during the previous reporting period.” (MB)

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