[ Human Trafficking, Country-by-Country ]

Sint Maarten (Tier 3) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Sint Maarten does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so, even considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore Sint Maarten remained on Tier 3. Despite the lack of significant efforts, the government took some steps to address trafficking, including passing a NAP to combat trafficking and upholding on appeal three trafficking convictions. However, the government did not report prosecuting or convicting any traffickers or identifying any trafficking victims for the third consecutive year. Further, the government could not provide services to trafficking victims; it did not have shelters, allocate funding for victim services, or have formal arrangements with service providers. The government did not implement its new NAP and interagency coordination was severely lacking. Officials consistently conflated human trafficking and migrant smuggling, hindering the effectiveness of the government’s meager anti-trafficking efforts.

Prioritized Recommendations

Significantly increase efforts to investigate, prosecute, and, as appropriate, convict human traffickers.

Proactively identify trafficking victims, such as by screening migrant workers for trafficking indicators; provide adequate protection to identified trafficking victims; and ensure victims are not inappropriately penalized, including through deportation, solely for unlawful acts committed as a direct result of being trafficked.

Vigorously implement the 2022-2023 NAP.

Improve coordination and information-sharing with anti-trafficking counterparts across the Kingdom of the Netherlands.

Increase the availability of protection services, including shelters, in partnership with NGOs, the Kingdom of the Netherlands, and international organizations.

Train law enforcement officials, prosecutors, and judges on proactive victim identification, victim-centered approaches to trafficking cases, and the distinction between human trafficking and migrant smuggling.

Re-establish the National Reporting Bureau on Human Trafficking (NRB) to improve coordination of victim protection and prevention efforts.

Adopt and implement formal SOPs to guide officials, including health workers, on victim identification and referral.

Inform victims and potential victims of their rights.

Increase awareness of human trafficking, available services, and how to seek assistance among the general public and vulnerable groups, including incoming migrants.