FIFTH ANNUAL TIPS REPORT - BAHAMAS

UNCLAS SECTION 01 OF 03 NASSAU 000408 SIPDIS SENSITIVE STATE FOR WHA/PPC, WHA/CAR FOR BILL BENT, G/TIP FOR ROWEN, G, INL, DRL, PRM E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BF SUBJECT: FIFTH ANNUAL TIPS REPORT - BAHAMAS REF: 04 SECSTATE 273089 - - - - - - - - - - - - OVERVIEW OF ACTIVITIES - - - - - - - - - - - - ¶1. (SBU) There have been no substantiated reports indicating that the Bahamas is a country of origin or destination for trafficking in persons. There have, however, been unconfirmed reports of women being trafficked through Bahamian waters on the way to the United States, possibly for prostitution. These women are allegedly from the former Soviet states, and east Asia. This information comes from U.S. Coast Guard intelligence reports, but the ultimate intent of their travel was never confirmed. In late spring 2004, Bahamian officials assisted the U.S. Coast Guard in the interdiction of 23 Chinese females hidden aboard a pleasure vessel from Martinique. The number of possible victims annually is unknown, but thought to be minimal. The large illegal migrant population living in and transiting through The Bahamas is potentially vulnerable to trafficking. The International Organization for Migration (IOM) is currently doing an assessment on the status of trafficking in persons in the Caribbean to determine the scale and context of trafficking in the region. This information has not yet been released to the seven Governments involved. ¶2. (SBU) The Government of the Commonwealth of The Bahamas has made a good faith effort to raise awareness of trafficking in persons, as well as build the capacity of governmental organizations to identify and assist where needed. To date, Bahamian government officials have received no reports of trafficking in persons. Unfortunately however, law enforcement personnel continue to confuse migrant smuggling with trafficking in persons. ¶3. (SBU) Prostitution is illegal in The Bahamas according to Chapter 99 of Title X in the Penal Code. Persons who attempt to procure an individual for the purpose of prostitution are subject to a penalty of 5 years in prison. The activities of pimps, brothel owners, and enforcers are also criminalized. In November 2004, police arrested 76 people, including patrons and dancers, following a night raid on a strip club. Six of the dancers were Jamaicans, and were subsequently held at the Migrant Detention Center for processing. Political Officer visited these women, and determined that they were not being forced or coerced to dance or strip by a third party. - - - - - - PREVENTION - - - - - - ¶4. (SBU) The Government of the Commonwealth of The Bahamas (GCOB) is active in pursuing training in the prevention and identification of trafficking in persons. The Government's position is that there is no problem in this area. The agencies involved should such a trend in trafficking become apparent would be the Royal Bahamas Defense and Police Forces, the Department of Immigration, and Bahamas Customs and Immigration. GCOB also welcomed the addition of a resident IOM representative in Nassau for assistance with its programs and the monitoring of migration trends. ¶5. (SBU) GCOB actively promotes womens' rights and equal opportunity for employment in the public and private sectors. Women are active in politics, and four of the fifteen Cabinet ministers, including the Deputy Prime Minister and Minister for National Security, are women. Children are required to attend school until the age of 16, and generally do so. These types of factors, as well as the relative wealth of The Bahamas, are likely reasons that Bahamians are not subject to trafficking. ¶6. (SBU) The Government of the Commonwealth of The Bahamas partnered with the Inter-American Commission of Women (CIM) and the Organization of American States (OAS) to provide a one-day seminar in June 2004 regarding the basic understanding of trafficking in persons, the differences between smuggling and trafficking, and its impact on societies. The Ministry of Labour and Immigration and the Ministry of Social Services and Community Development gave a great deal of support to these seminars. Participants included a broad cross-section of government and non-governmental organizations, migrant community representatives, media and the private sector. ¶7. (SBU) Shortly after becoming a member of the International Organization for Migration (IOM) in November 2004, IOM/CIM/OAS held a two-day training session on Information Campaigns and Counter-Trafficking in The Bahamas with the support of the Ministry of Labour and Immigration and the Ministry of Social Services and Community Development. Running concurrently with this seminar was a five-day regional seminar on "Mixed Migratory Flows in the Caribbean" jointly presented by IOM and the United National High Commission for Refugees (UNHCR). This seminar enhanced regional dialogue and provided in-depth training on migration and asylum issues. Although its primary focus was not trafficking in persons, there were workshops which touched upon the issue and facilitated conversations amongst representatives from over a dozen countries in the region on TIPs issues. ¶8. (SBU) In addition, IOM/CIM/OAS is currently conducting an exploratory assessment with the concurrence of the Bahamian government in The Bahamas and other Caribbean countries to determine the scale and context of trafficking in the region, and to assist the governments with the necessary tools to effectively respond to any cases of trafficking that may be discovered. The results of this research is expected to be released to the relevant governments mid-year. ¶9. (SBU) The Royal Bahamas Defence Force (RBDF) and the U.S. Coast Guard monitor and patrol Bahamian territorial waters and the international waters surrounding The Bahamas for illegal migrants and narco-trafficking. Some RBDF officers have been sent to the IOM/CIM/OAS training on identification of trafficking victims, but a more general awareness is needed. IOM plans to develop a "training of the trainers" session, so that a TIPS course can be established in the RBDF and Royal Bahamas Police Force (RBPF) academies. ¶10. (SBU) There is currently no specific person or entity responsible for developing anti-trafficking programs within the government. However, Bahamian participants in the November 2004 seminar discussed putting together a task force to gather and disseminate information on trafficking. No such group has been officially formed as yet. - - - - - - - - - - - - - - - - - - - - - - - INVESTIGATION AND PROSECUTION OF TRAFFICKERS - - - - - - - - - - - - - - - - - - - - - - - ¶11. (SBU) The Bahamas does not have a law specifically prohibiting trafficking in persons. However, traffickers could be prosecuted under Title X of the Statute Law which addresses sexual offenses, abduction, prostitution and domestic violence. Under Chapter 99, persons who attempt to procure an individual for the purposes of prostitution either in or out of the country by force, threats, intimidation or administering drugs is guilty of an offense and liable for imprisonment for eight years. There are also provisions against forcibly taking or detaining women and children. Penalties for rape and sexual assault range from a minimum of seven years for first time offenders to a maximum of life imprisonment. Taken together, and IOM representative believes these laws to be sufficient to prosecute any cases against traffickers. ¶12. (SBU) The Government of The Bahamas does not currently provide specialized training for government officials in how to recognize, investigate, or prosecute instances of trafficking. As a preventative measure however, the Government has hosted several seminars in Nassau to inform its personnel of the various forms of trafficking. ¶13. (U) The Government of the Commonwealth of The Bahamas has signed or ratified the following international instruments with regards to trafficking in persons: - Ratified ILO Convention 182 on the Worst Forms of Child Labor in June 2001 - Ratified ILO Convention 29 on Force Labor in May 1976 - Ratified ILO Convention 105 on the Abolition of Forced Labor in June 1976 - Neither signed nor ratified the Optional Protocol to the Convention on the Rights of the Child (CRC) in the sale of children, child prostitution and child pornography. The Bahamas has signed and ratified the Convention on the Rights of the Child, however. - Signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the UN Convention Against Transnational Organize Crime in April 2001. It has not yet been ratified. - - - - - - - - - - - - - - - - - - - PROTECTION AND ASSISTANCE TO VICTIMS - - - - - - - - - - - - - - - - - - - ¶14. (SBU) As no persons have been declared victims of trafficking in The Bahamas to the government, there are no programs or funding currently in place to protect or assist victims. There are currently no NGOs working locally in the prevention or detection of trafficking in persons. The Red Cross, the Salvation Army, and local church groups already provide assistance to illegal migrants at the detention center, and would stand ready to assist trafficking victims should the need arise. - - - - - - - CONTACT INFO - - - - - - - ¶15. (U) The principal drafter for this years TIPs Report for The Bahamas is Political Officer, Stacie Zerdecki. Tel: 242-322-1181 ext. 4510 IVG: 823 FAX: 242-356-0222 Email: zerdeckism@state.gov WITAJEWSKI