Data Dashboards

Saint Lucia Dashboard
Measurement
Measuring the Change

using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.

Due to lack of nationally representative data, there is no change to report.

%
Best Target 8.7 Data:

No data available

Data Availability
  • Child labour: Limited ILO/UNICEF data
  • Forced labour: No nationally representative data
  • Human trafficking: No nationally representative data
Context
Human Development

Human Development Index Score: 0.735 (2015)

Mean School Years: 9.3 years (2015)

Labour Indicators

Vulnerable Employment: 28.7% (2000)

Working Poverty Rate: No data

Government Efforts
Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not/Ratified
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 2000
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Accession 2013
Social Protections Coverage

General (at least one): No data

Unemployed: No data

Pension: No data

Vulnerable: No data

Children: No data

Disabled: No data

Poor: No data

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

Weekly Work Hours, Children Aged 5-14 (Source: ILO)

Children aged 5-11 are considered to be subjected to child labour when engaging in any form of economic activity. Children aged 12-14 are permitted to engage in “light” work that is not considered hazardous and falls below 14 hours per week.

According to the latest 2012 estimates, the average number of hours worked per week by children aged 5-14 in Saint Lucia was 3.2 hours.

The chart displays differences in the number of hours that children aged 5-14 work in economic activities by sex and region. The sample includes all children of this age group. Complete disaggregated data is provided for 2012.

Weekly Hours Household Chores, Children Aged 5-14 (Source: ILO)

Researchers recognize that children involved in economic activities are not the only children working. The ICLS recommended definition of child labour includes children aged 5-14 performing household chores for at least 21 hours per week.

Children aged 5-14, on average, are found to work on household chores 2.6 hours per week according to the 2012 estimate.

The chart displays differences in the number of hours children aged 5-14 work on household chores by sex and region. Complete disaggregated data to compare groups is provided for 2012.

Measuring the incidence of forced labour is a much more recent endeavour and presents unique methodological challenges compared to the measurement of child labour.

No nationally representative data is available on forced labour prevalence in Saint Lucia.

Visit the How to Measure the Change page for information on new guidelines presented by the International Labour Organization and adopted by the International Conference of Labour Statisticians.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

No nationally representative data is available on human trafficking prevalence in Saint Lucia.

Visit the How to Measure the Change page to learn about measuring human trafficking prevalence, including information on collecting data through national referral mechanisms and producing prevalence statistics using Multiple Systems Estimation (MSE).

Case Data: International and Non-Governmental Organizations

Civil society organizations (CSOs) focused on human trafficking victim assistance can serve as crucial sources of data through their ability to reach a population that is notoriously difficult to sample.

Counter Trafficking Data Collaborative (CTDC):The International Organization for Migration (IOM), Polaris and Liberty Asia have launched a global data repository on human trafficking, with data contributed by counter-trafficking partner organizations around the world. Not only does the CTDC serve as a central repository for this critical information, it also publishes normed and harmonized data from various organizations using a unified schema. This global dataset facilitates an unparalleled level of cross-border, trans-agency analysis and provides the counter-trafficking movement with a deeper understanding of this complex issue. Equipped with this information, decision makers will be empowered to create more targeted and effective intervention strategies.

Prosecution Data

UNODC compiles a global dataset on detected and prosecuted traffickers, which serves as the basis in their Global Report for country profiles. This information is beginning to paint a picture of trends over time, and case-specific information can assist investigators and prosecutors.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in Saint Lucia between 2000 and 2015. Only certain sample years have data disaggregated by sex.

The most recent year of the HDI, 2015, shows that the average human development score in Saint Lucia is 0.735. This score indicates that human development is high

HDI Education Index

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitative labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in Saint Lucia over time.

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

HDI Vulnerable Employment (Source: UNDP)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

Between 1995 and 2000, Saint Lucia showed an increase in the proportion of workers in vulnerable employment as compared to those in secure employment.

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation.

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children.”

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements.”

There is no visualization for Saint Lucia as there is not a sufficient amount of data available.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Forced Labour

Saint Lucia Constitution Order, 1978
4. Protection From Slavery and Forced Labour

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression “forced labour” does not include—

a. any labour required in consequence of the sentence or order of a court;
b. labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained;
c. any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d. any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.

Labour Code, 2006
Prohibition against forced labour
6.1. A person shall not be required to perform forced labour.
6.2. For the purposes of this section, “forced labour” shall have the same meaning assigned to it under section 4 of the Constitution of Saint Lucia, Cap. 1.01.

Counter-Trafficking Act No 7, 2010
Interpretation
2. In this Act –
“forced labour” means labour or services obtained or maintained through force, threat of force, or other means of coercion or physical restraint;

Child Labour

Labour Code, 2006 amend. Labour Code (Amendment) Act, 2011
Interpretation
2. In this Code —
“child” means a person aged fifteen and under;
“night work” means any work, including overtime work, performed between the hours of 11:00 p.m. and 6:00 a.m.;
“young person” means a person who is over the age of fifteen years but who has not attained the age of eighteen years.

Prohibition of child labour
122.1. Notwithstanding section 18 (2) and subject to subsection (2), a person shall not employ or allow to be employed any child who is under the minimum school leaving age as declared by any law in force in Saint Lucia except for employment during school holidays in light work.
122.2. A person may not employ or allow to be employed a child or young person in employment that is inappropriate for a person of that age, being work which places at risk the child or young person’s well- being, education, safety, physical or mental health, or spiritual, moral or social development.
122.3. The provisions of subsection (1) do not apply to —

a. work done by children or young persons in technical schools as part of their technical program where such work is approved and supervised by the relevant public authority;
b. work done under order of detention in a reformatory or industrial school where such work is approved and supervised by the relevant public authority; or
c. work done by children or young persons on job training or work experience activities where such work is approved and supervised by the relevant public authority;
d. non-hazardous work done as a community service or for a charity outside of normal school hours where such work does not prejudice the child’s or young person’s capacity to benefit from the instruction received;
e. work done by members of a recognized youth organization which is engaged collectively in such employment for the purposes of fund raising for such organization or charity outside of normal school hours where such work does not prejudice the child’s capacity to benefit from the instruction received;
f. work done by persons over the age of thirteen years which is characterised as light work which is not harmful, prejudicial or dangerous to the child or young person and does not place at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development and such light work may include but is not limited to —

i. newspaper rounds;
ii. car-washing;
iii. cake sales and other sales at school and charity fairs;

if such light work is approved by the Labour Commissioner by Order published in the Gazette after consultation with organizations of employers and employees concerned;

g. work done by children or young persons participating in artistic performances based on a permit granted by the Minister in his or her discretion on a case by case basis limiting hours to be worked and indicating conditions of work.

Worst Forms of Child Labour

Labour Code, 2006
Prohibition of children in an industrial establishment
214. Where it appears to the Department of Labour that it may be dangerous or injurious to have children present in any industrial establishment or part of the industrial establishment during an inspection, the Department of Labour may serve on the employer or person in control of the industrial establishment a notice in writing requiring him or her to prohibit and to prevent the admission of such children to the industrial establishment, or part of the industrial establishment as, the case may be.

Regulations for the employment of young persons
126. The Minister, may, on the advice of the Labour
Commissioner and the Medical Board, make Regulations —

a. to prohibit or place conditions on the employment of children and young persons who are no longer subject to compulsory schooling under any enactment;
b. to prescribe categories of work in which children and young persons cannot be employed;
c. permitting persons over the age of thirteen years to engage in work;
d. with respect to the conditions required to protect the health, safety and welfare of any child or young person employed at any workplace; or
e. after consultation with organizations of employers and workers concerned, setting out the types of employment or work to which section 122(2) applies.

Counter-Trafficking Act No 7, 2010
Interpretation
2. In this Act –
“trafficking in children” means the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, irrespective of whether any of the means described in the definition of “trafficking in persons” has been established;

Trafficking in Persons

Counter-Trafficking Act No 7, 2010
Interpretation
2. In this Act –
“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;

Slavery

Saint Lucia Constitution Order, 1978
4. Protection From Slavery and Forced Labour

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression “forced labour” does not include—

a. any labour required in consequence of the sentence or order of a court;
b. labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained;
c. any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d. any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.

Counter-Trafficking Act No 7, 2010
Interpretation
2. In this Act –
“practices similar to slavery” means, in general, debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation;
“slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;

International Commitments
National Strategies

National Action Plan to Combat Trafficking in Persons (2015–2018)

“Identifies the strategic goals and objectives for combating human trafficking, as well as the means to achieve them, and establishes the coordination of counter-trafficking measures and the effective cooperation between all actors. In 2016, the Government made progress on the following strategic goals: coordination structures; review, monitoring and evaluation; and awareness-raising and education.”

National Framework for Combating Trafficking in Persons

“Outlines government response and roles in combating and preventing human trafficking.”

National Social Protection Policy (2014–2024)

“Establishes a social protection system in Phase I (2014–2019) by consolidating the Social Safety Net programs. In Phase II (2019–2024), implements wider reforms for creating a coherent Social Protection System. Child protection policies are incorporated into poverty reduction concepts and promote access to education. In 2016, the Government completed needs assessments and established the inter-agency dialogue mechanism.”

International Ratifications

ILO Forced Labour Convention, C029, Ratified 1980

ILO Abolition of Forced Labour Convention, C105, Ratified 1980

ILO Worst Forms of Child Labour Convention, C182, Ratified 2000

Slavery Convention 1926 and amended by the Protocol of 1953, Definitive Signature 1990

UN Supplementary Convention on the Abolition of Slavery, Succession 1990

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), Accession 2013

UN Convention on the Rights of the Child, Ratification 1993

UN Optional Protocol to the Convention on the Rights of the Child: Involvement of Children in Armed Conflict, Ratification 2014

UN Optional Protocol to the Convention on the Rights of the Child: Sale of Children, Child Prostitution and Child Pornography, Ratification 2013

Governments can take action to assist victims and to prevent and end the perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Programs and Agencies for Victim Support (Source: ILO)

Policies for Assistance

Counter-Trafficking Act No 7, 2010
Restitution
8.1. Where a person is convicted of the offence of trafficking in persons the court may order that person to pay restitution to the victim.
8.2. Restitution must compensate, where applicable, for any of the following –

a. costs of medical and psychological treatment;
b. costs of physical and occupational therapy and rehabilitation;
c. costs of necessary transportation, temporary housing and child care;
d. lost income;
e. attorney’s fees and other legal costs;
f. emotional distress, pain and suffering; and
g. any other losses suffered by the victim which the court considers applicable.

8.3. Restitution Must Be Paid To The Victim–

a. upon the conviction of the accused; and
b. as far as possible, from any property forfeited under section 8 or the proceeds of that property.

8.4. The absence of the victim from the proceedings does not prejudice the victim’s rights to receive restitution.

Victim to be immune from prosecution
13. A victim of trafficking in persons is not criminally liable for any immigration-related offence, or any other criminal offence that is a direct result of being trafficked.

Protection for the safety of victims, including identification of victims
19.1. In the investigation and prosecution of offences relating to trafficking in persons, the following guiding principles apply –

a. all steps necessary to identify the victims of the trafficking must be taken;
b. reasonable protection to a victim of the trafficking must be taken to prevent, recapture and secure the victim from threats, reprisals and intimidation by the traffickers and associates of the traffickers;
c. reasonable protection must be taken to secure the victim’s family from threats, reprisals or intimidation by traffickers or their associates of the traffickers if the victim’s family resides in Saint Lucia; and
d. ensure that a victim has an opportunity to consult with the victim’s advocate or other appropriate persons to develop a safety plan.

19.2. Law enforcement officials such as the Police, Immigration, and other investigative officers shall follow the guidelines specified in subsection (1).

Witness protection
20.1. Victims of trafficking who are witnesses or potential witnesses may be eligible for applicable witness relocation and protection programmes for victims of organized criminal activity or other serious offences, if it is determined that an offence involving a crime of violence directed at the witness or potential witness is likely to be committed.
20.2. The programmes in subsection (1) may include–

a. relocation;
b. new identity documents establishing identity;
c. new residence;
d. employment work permits;
e. protection of confidentiality of identity and location.

Protection of the privacy of victims, including proceedings held in camera
21.1. In a prosecution for trafficking in persons under this Act or unlawful use of documents under section 4, the identity of the victim and the victim’s family must be kept confidential by ensuring that names and identifying information of the victim and the victim’s family are not released to the press or the public, including by the defendant.
21.2. A hearing under this section must be held in camera if the court so orders.
21.3. A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or imprisonment for a term not exceeding one year.

Information for victims
22. The Minister shall inform victims of trafficking, in a language that the victims understand, of the victims legal rights and the progress of relevant court and administrative proceedings, as appropriate, including but not limited to proceedings of the criminal offenders, proceedings for the return of the victims to their country of citizenship or lawful residence, and procedures for seeking legal immigration status under section 25.

Opportunity for the presentation of the victim’s views and concerns
23.1. The court shall provide an opportunity to the victim of trafficking, if the victim desires it, to present his or her views and concerns at appropriate stages of criminal proceedings against traffickers, in a manner not prejudicial to the rights of the defendant.
23.2. An interpreter who speaks a language the victim understands must be made available to the victim during the course of legal proceedings.

Assistance to victims
24.1. The Minster in conjunction with other relevant Ministries shall develop a plan, in consultation with non-governmental organizations and other representatives of civil society, for the provision of appropriate services, from governmental and non-governmental sources, for victims of trafficking and dependent children accompanying the victims, including –

a. appropriate housing, taking into account the person’s status as a victim of crime and including safe conditions for sleeping, food and personal hygiene;
b. psychological counseling in a language the victim can understand;
c. medical assistance in a language the victim can understand;
d. other medical assistance as appropriate;
e. employment, educational, and training opportunities; and
f. legal assistance or legal information in a language the victim understands.

24.2. Victims of trafficking may be eligible to work and to receive proof of work authorization.
24.3. Victims of trafficking and the accompanying dependent children of victims may be entitled to receive social benefits for the duration of their stay in Saint Lucia as may be determined by the Minister responsible for social security.
24.4. Residence in shelters or other facilities established under this section may be voluntary, and victims may decline to stay in shelters.
24.5. Victims may have the option to communicate with and receive visits from family, friends and attorneys-at-law.
24.6. In the absence of exigent circumstances, victims of trafficking, once identified as such, must not be housed in prisons or other detention facilities for accused or convicted criminals.
24.7. Child victims of trafficking once identified as such, shall not be housed in prisons or other detention facilities for accused or convicted criminals under any circumstances.
24.8. The authorities mentioned under subsection (1) shall take into account the age, gender and special needs of the victims and accompanying dependent children in formulating plans to provide services to them and in delivering such services.
24.9. Plans developed in accordance with subsection (1) must be submitted for approval to the Cabinet and the authorities shall also undertake periodic reviews of the plans and implementation of the plans to ensure compliance with the requirements of this section and to ensure that all victims are treated with respect for their human rights and dignity.

Immigration status of victims
25.1 The Minister responsible for home affairs may provide victims of trafficking and accompanying dependent children with appropriate visas or other required authorization to permit the victims and dependent children to remain in Saint Lucia for the duration of the criminal prosecution against the traffickers, provided that the victim is willing to comply with reasonable requests, if any, to assist in the investigation or prosecution of the traffickers.
25.2 Victims of trafficking may be eligible for residence in Saint Lucia in the manner prescribed in the law related to immigration, provided the victims have complied with reasonable requests, if any, for assistance in the investigation or prosecution of acts of trafficking.
25.3 Dependent children accompanying the victim are eligible for resident status in Saint Lucia in the manner prescribed in the said Act.
25.4. A victim’s spouse and children, and in the case of a child victim, the parents or guardian, and the victim’s siblings, may be eligible to join the victim in Saint Lucia as part of the victim’s application for residence under this section.

Assistance for citizen or permanent resident victims abroad
26.1. The Minister responsible for foreign affairs, through Saint Lucia’s diplomatic mission and consular offices abroad, where practicable, shall offer assistance to citizens of or persons holding permanent residency in another country and who are victims of trafficking in persons located abroad, including but not limited to –

a. assistance in understanding the laws of the foreign country to which the victims have been trafficked, including the rights of the victims, options for reporting the crime, and opportunities for seeking restitution or other benefits that are available under the laws of that country;
b. assistance in obtaining emergency services, including but not limited to medical care and counseling;
c. at the request of either the victim or the appropriate authorities in the other country, replacement or provision of passports or other travel documents necessary for the victim to return to Saint Lucia without undue or unreasonable delay;
d. material assistance in returning to the last place of residence in Saint Lucia in the same manner provided for other citizens or persons with the right to permanent residency for those who become stranded abroad when the country to which the victim was trafficked does not provide such assistance.

26.2. The Minister responsible for foreign affairs,through Saint Lucia diplomatic missions and consular offices abroad, shall publish and disseminate both to the appropriate authorities in that country and to possible victims of trafficking who are citizens of Saint Lucia information on the rights of victims of trafficking under the laws of Saint Lucia and the country or countries for which the diplomatic mission has responsibility.
26.3. In the case of diplomatic missions and consular offices of countries of destination of trafficking victims, such information shall be provided to appropriate authorities and to potential trafficking victims who are citizens or lawful residents of the country for which the mission or office has responsibility.
26.4. Saint Lucia Diplomatic missions abroad shall appoint an officer to be responsible for implementing and supervising plans, and ensuring the provision of services required under this section.

Return of victims to country of citizenship or lawful residence
28.1. The Ministers responsible for home affairs and foreign affairs shall, in cooperation and after consultation with non-governmental organizations and international organizations, develop plans for the safe return of victims of trafficking in persons, to Saint Lucia or lawful residency.
28.2. Plans to develop under subsection (1) must take due account that a victim of trafficking may elect to apply for citizenship or permanent residency of Saint Lucia, or remain in Saint Lucia during the criminal proceedings against the traffickers.

Assistance to victims that are unable to prove their nationality status through normal means
29.1 Victims of trafficking abroad who claim to be citizens or persons holding permanent residency in Saint Lucia, but whose identity cannot be verified through ordinary means, can establish the right to return to Saint Lucia by demonstrating significant connections to their country through such factors as –

a. place of birth;
b. presence of family members;
c. presence of friends;
d. significant knowledge of specific geographical areas and neighbourhoods;
e. long-term residence in Saint Lucia; or
f. any other means.

29.2. The list of factors in subsection (1) is not exhaustive, and notevery factor is required to make the determination.
29.3. Determinations under this section are to be made with due concern for compassion and justice to victims.
29.4. The fact that the victim would not be eligible for citizenship based on the showing made under this section is not a bar to re-entry.
29.5. Diplomatic missions abroad shall assign a specific diplomat to make determinations under this section.
29.6. Victims may appeal an adverse determination to the Minister responsible for legal affairs.
29.7. Where the Minister responsible for legal affairs determines an individual is eligible to re-enter Saint Lucia under this section, the diplomatic mission abroad shall issue a certificate of identity, permitting re-entry.

Services for returned victims of trafficking
30. Victims of trafficking who return from abroad shall have access to educational and training programmes provided by any governmental or private entity without being differentiated from other participants on the basis of having been trafficked.

Special consideration to be given to a child victim
31.1. Assistance in this Part must be provided to trafficking victims who are children in a manner that is in the child’s best interest and appropriate to the child’s situation.
31.2. Child trafficked victims must be provided with appropriate services, which may include understanding of their rights, privacy, housing, care and age-appropriate support and rights specified in this Part.
31.3. Special programmes must be developed to accommodate child witnesses including–

a. testimony of a minor to be conducted outside the court setting or by video;
b. all testimony and court proceedings to take place with a parent, legal guardian, foster parent or social worker present;
c. whenever safe and possible, children must be reunited with family members in Saint Lucia or in their country of origin;
d. special mental and physical medical care to be tailored to children’s needs;
e. upon return to Saint Lucia, child victims of trafficking must be guaranteed education which at least matches the general standard of education in Saint Lucia.

Penalties
Penalties, Child Labour

Labour Code, 2006
Penalties for child and young person labour
127. Any employer who contravenes sections 122, 123 or 124 commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term of two years or both.

Penalties, Human Trafficking

Counter-Trafficking Act No 7, 2010
Offence of trafficking in persons
5.1. A person who engages in, conspires to engage in, attempts to engage in, assists another person to engage in, or organizes or directs another person to engage in trafficking in persons commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or a term of imprisonment not exceeding five years.
5.2. The recruitment, transportation, harbouring, or receipt of a child, or giving of payment or benefits to obtain the consent of a person having control of a child, for the purpose of exploitation, constitutes trafficking in persons irrespective of whether any of the means of trafficking in persons has been established.

Offence of unlawful withholding of identification papers
6. Any person who for the purposes of trafficking in persons and acting or purporting to act as another person’s employer, manager, supervisor, contractor, employment agent, or solicitor or client such as a pimp, knowingly procures, destroys, conceals, removes, confiscates, or possesses any passport, immigration document, or other government identification document, whether actual or purported, belonging to another person, commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or imprisonment for a term not exceeding two years.

Offence of transporting a person for the purpose of exploiting such a person’s prostitution
7.1. Whoever knowingly transports, or conspires to transport or attempts to transport, or assist another person engaged in transporting any person in Saint Lucia, or across an international border for the purposes of exploiting that person’s prostitution commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding five years.
7.2. The presence of any one of the following aggravating factors resulting from acts of the defendant may permit a longer sentence up to ten years, together with forfeiture of the conveyance used for transporting the victim-

a. transporting two or more persons at the same time;
b. causing permanent or life-threatening bodily injury to the person transported;
c. transporting of one or more children;
d. transporting as part of the activity of an organized criminal group.

Forfeiture
9.1. All property, including but not limited to money, valuables and other movable and immovable property, of persons convicted of the crime of trafficking in persons under this Act that was used or intended to be used or was obtained in the course of the crime or benefits gained from the proceeds of the crime, must be forfeited to the State.
9.2. Overseas assets of persons convicted of trafficking in persons are subject to forfeiture to the extent that the assets may be retrieved by the Government.

Aggravated circumstances
10.1. As factually appropriate, the following adjustments to the sentence of persons convicted of the crime of trafficking in persons may apply –

a. if the convicted person used, threatened to use, or caused another to use or threaten to use a dangerous weapon, two years may be added to the sentence;
b. if a trafficked person suffers a serious bodily injury, or if the convicted person commits a sexual assault against the trafficked person, five years may be added to the sentence;
c. if the trafficked person had not attained the age of eighteen years of age, five years may be added to the sentence;
d. if,inthecourseoftrafficking,orsubsequentexploitation,the convicted person recklessly caused the trafficked person to be exposed to a life threatening illness, or if the convicted person intentionally caused a trafficked person to become addicted to any drug or medication, five years may be added to the sentence;
e. if a trafficked person suffers a permanent or life-threatening injury, ten years may be added to the sentence;
f. if the trafficking was part of the activity of an organized criminal group, three years may be added to the sentence;
g. if the trafficking was part of the activity of an organized criminal group and the convicted person organized the group or directed its activities, five years may be added to the sentence;
h. if the trafficking occurred as the result of abuse of power or of a position of authority, including but not limited to a parent or guardian, teacher, children’s club leader, or any other person who has been entrusted with the care or supervision of the child, four years may be added to the sentence.

10.2. In this section –
“dangerous weapon” means –

a. an instrument capable of inflicting death or serious bodily injury; or
b. an object that is not an instrument capable of inflicting death or serious bodily injury but

i. closely resembles such an instrument; or
ii. is used in such a way that it creates the impression that the object is an instrument capable of inflicting death or serious bodily injury;

“life-threatening illness” means any illness that involves a substantial risk of death, and includes Human Immunodeficiency Virus Infection and tuberculosis;
“permanent or life-threatening bodily injury” means –

a. injury involving a substantial risk of death, loss or substantial impairment of the function of a bodily member, organ or mental faculty that is likely to be permanent; or
b. an obvious disfigurement that is likely to be permanent; or
c. maltreatment to a life-threatening degree, such as by denial of food or medical care that results in substantial impairment of function;

“serious bodily injury” means injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ or mental faculty or requiring medical intervention such as surgery, hospitalization or physical rehabilitation;
“sexual assault” means causing another to engage in a sexual act by using force against that person, threatening or placing that person in fear that any person will be subjected to death, serious bodily injury, or kidnapping, and engaging in a sexual act with an incapacitated person, or a person who cannot express consent or with a minor that constitutes statutory rape.

Consent or past sexual behaviour of a victim is irrelevant
11.1. In any prosecution for an offence of trafficking in persons under section 3, the alleged consent of the victim to the intended or realized exploitation is irrelevant once any of the means or circumstances of trafficking in persons is established.
11.2. In a prosecution for trafficking in persons under section 4, the evidence of a victim’s past sexual behaviour is irrelevant and inadmissible for the purpose of proving that the victim engaged in other sexual behavior, or to prove the victim’s sexual predisposition.

Legal age of consent to sex not a defence to trafficking in persons
12. The legal age of consent to sex or to marriage is not a defence to the offence of trafficking in persons.

Offences of bodies corporate
14.1. Subject to subsection (2), where a body corporate commits an offence under this Act, every director, manager, secretary or other similar officer concerned with the offence is liable on conviction on indictment to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both.
14.2. A director, manager, secretary or other similar officer concerned with the management of a body corporate is not liable for an offence under this Act unless the court is satisfied –

a. that the offence was committed with the person’s connivance; or
b. the person had not exercised all such diligence to prevent the commission, having regard to the nature of functions in that capacity and to all the circumstances.

14.3. A body corporate which commits an offence against this Act is liable on conviction or on indictment to a fine not exceeding one hundred thousand dollars.
14.4. In this section “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Programs and Agencies for Enforcement (Source: iLO)

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

Social Protections: General (at Least One)
Social Protections (Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protections: Unemployed
Social Protections: Pension
Social Protections: Vulnerable Groups
Social Protections: Poor
Social Protections: Children
Social Protections: Disabled

Delta 8.7 has received no Official Response to this dashboard from Saint Lucia. If you are a representative of Saint Lucia and wish to submit an Official Response, please contact us at info@delta87.org.