BAHAMAS: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 04 NASSAU 000358 SIPDIS SIPDIS STATE FOR WHA/CAR WBENT, WHA/PPC, G/TIP, G, INL, DRL, PRM, IWI E.O. 12958: N/A TAGS: PHUM SMIG PREF ELAB ASEC BF KCRM KWMN KFRD SUBJECT: BAHAMAS: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT REF: STATE 03836 - - - - - - - - - - - - OVERVIEW OF ACTIVITIES - - - - - - - - - - - - ¶1. (SBU) A,B: There have been no substantiated reports of specific instances indicating that The Bahamas is a country of origin, transit or destination for trafficking in persons. However, general reports regarding potential trafficking, especially in the vulnerable Haitian communities, are steadily increasing. There is a large illegal migrant population living and transiting through The Bahamas, and a handful of reports that personal documentation is being withheld from these migrants as a threat to deportation if employment demands are not met. There are no estimates of numbers or consensus on the scope of the problem, and no plans in place to undertake documentation of trafficking. While more research is needed, there are indications of an emerging problem: -In June 2005, Minister of Labor and Immigration Vincent Peet gave a speech at a conference on child labor. In that speech, he concluded that child labor continued to be a problem in The Bahamas. He called a 2002 ILO report on child labor in The Bahamas "reflective of what is happening now." The ILO report noted 52 reports of children involved in the worst forms of child labor, including 35 involved in commercial sexual activity, 4 in slavery/bondage, 9 in illicit activities and 4 in hazardous activities. -In July 2005, the International Organization for Migration (IOM) issued an Exploratory Assessment of Trafficking in Persons in The Bahamas. While careful to note small sample sizes and the difficulty in obtaining data, IOM concluded that trafficking existed in a Bahamian environment "fertile for facilitating the criminal activity of trafficking in persons." Many persons interviewed by IOM believed that trafficking existed, and several felt the problem was widespread. According to one witness: "This is quite widespread. Sometimes men in construction come here to work for months without any pay . . . Some women in sex work are beaten and cursed and open to disease." -In a conversation with Poloff in August 2005, IOM representative Ashley Garrett reiterated the large potential for trafficking in The Bahamas because of the vulnerable Haitian community. She clarified that the July IOM report was based upon a standardized survey and scripted interview which did not inquire as to specific cases or estimate numbers of trafficked persons. Ms. Garrett said that the interviews did support the possibility that trafficking exists in the Haitian community. -During a conversation in September 2005, a reliable source in the construction industry told Poloff: "Abuse of Haitians in the labor force is commonplace. Employers take the documentation of construction and household workers, and they have no choice but to work under any conditions or face the threat of deportation back to Haiti." The owner mentioned one case in which sexual favors may have been demanded of a household worker under threat of deportation. -In separate conversations in October 2005 and January 2006, three local Haitians of unknown reliability told Poloff that they had heard of numerous cases where work permits and identity documentation were withheld by employers to force long hours or low pay under threat of deportation. The persons were unwilling to provide more specific information citing threats of reprisal from immigration authorities and police. The Haitian ambassador has confirmed that he has received reports of the withholding of documentation by employers. -In a February 2006 conversation with Poloff, a second reliable source in the construction industry told Poloff: "It is common practice for employers to hold the documentation of Haitian workers, and force work for less than the fair rate under threat of deportation." ¶2. (SBU) C: In practice, the Government's ability to respond to trafficking is limited by its procedures for reporting and monitoring trafficking. The position of the Government of the Commonwealth of The Bahamas (GCOB) is, because it has received no official reports of trafficking, it is not a problem. The Government has publicly suggested that reports of trafficking be made to the Department of Immigration. Because no protections exist for trafficking victims, trafficking is not clearly unlawful in The Bahamas, and law enforcement officials confuse trafficking with migrant smuggling, persons without legal status in The Bahamas are unlikely to report trafficking to Bahamian immigration officials. According to reliable contacts within the vulnerable Haitian migrant communities, potential trafficking victims are unwilling to approach Bahamian immigration or law enforcement officials with concerns for fear of deportation. Police and immigration officials are not sufficiently trained to identify potential trafficking. If these problems were overcome, corruption and capability of the local police and immigration officials would not be a limiting factor. ¶3. (SBU) D: The GCOB does not systematically monitor anti-trafficking efforts or make available its assessments of those efforts. - - - - - - PREVENTION - - - - - - ¶4. (SBU) A,B,G J: The GCOB maintains a position that trafficking is not an issue because of lack of formal trafficking complaints to the Department of Immigration or to law enforcement. The GCOB does not monitor immigration and emigration patterns for signs of trafficking or screen for trafficking victims along borders. There is no national plan to address trafficking in persons. There are no government statistics regarding trafficking. ¶5. (SBU) C: The GCOB has conducted limited trafficking training for immigration officers, but it acknowledges continued confusion by officers between migration and trafficking. Some Royal Bahamas Defense Force (RBDF) officers have been sent to IOM/CIM/OAS training on identification of trafficking victims, but more awareness is needed. GCOB has participated in a February 2006 trafficking awareness seminar with Poloff and members of the local community concerned about trafficking. The GCOB also participates in an IOM grant program -- "Raising Awareness on Trafficking in Persons in the Carribean" -- and plans a 90 minute educational forum on trafficking. If convinced that trafficking was an issue, the GCOB would be supportive of additional anti-trafficking efforts. ¶6. (SBU) D: The GCOB actively promotes women's rights and equal opportunity for employment in the public and private sectors. Women are active in politics, and 4 of the 16 Cabinet ministers, including the Deputy Prime Minister, are women. Children are required to attend school until the age of 16, and generally do so. These factors, and the relative wealth of the nation, serve to limit the amount of trafficking of Bahamians. ¶7. (U) H, F: In 2005, the GCOB established a trafficking in persons committee, including the Director of Immigration, to improve trafficking awareness and to coordinate communication within government and with the international community. This committee, and the GCOB in general, maintains a strong relationship with NGOs regarding trafficking. According to IOM, the GCOB has been "highly cooperative" and "a strong ally" with IOM efforts on trafficking. - - - - - - - - - - - - - - - - - - - - - - - INVESTIGATION AND PROSECUTION OF TRAFFICKERS - - - - - - - - - - - - - - - - - - - - - - - ¶8. (SBU) A-G: The Bahamas does not have a law specifically prohibiting trafficking in persons, but one is being considered. Under existing law, some traffickers could be prosecuted under Title X of the Statute Law which addresses sexual offenses, abduction, prostitution and domestic violence. Under Chapter 99 of Title X, 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 detaining women and children. Penalties for rape and sexual assault range from a minimum of seven years to a maximum of life imprisonment. The GCOB has prosecuted no cases against traffickers. The GCOB does not actively investigate cases of trafficking. ¶9. (SBU) H: The GCOB does not regularly provide specialized training for government officials in how to recognize, investigate, or prosecute instances of trafficking. Two GCOB representatives attended a two day IOM seminar on counter-trafficking strategies in March 2005. The GCOB has also provided piecemeal training to some immigration and some RBDF officers regarding trafficking. 10: (SBU) I,J: The GCOB has not been asked to cooperate in anti-trafficking cases, but is generally very cooperative with other governments in the investigation and prosecution of criminal matters, including the extradition of Bahamian nationals and other persons to the U.S. ¶11. (SBU) K,L: During a February 2006 seminar to raise trafficking awareness, a Department of Immigration official acknowledged the risk of trafficking in cases of domestic servitude, specifically including the withholding of documentation of domestic workers. The official noted: "I myself may be a perpetrator here." In follow-up conversation with Poloff regarding the comment, the official said: "Oh, I treat my Haitian well. Heaven help us if we can't have our Haitians." There are no other indications of government involvement in trafficking, or of any consequence to the immigration official involved in the February seminar. ¶12. (SBU) M: The GCOB has not identified a child sex tourism problem. ¶13. (U) N: The GCOB 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 105 on the Abolition of Forced Labor in June 1976 - Neither signed nor ratified the Optional Protocol to the Convention on the Rights of 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. - Signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime in April 2001. It has not been ratified. - - - - - - - - - - - - - - - - - - - PROTECTION AND ASSISTANCE TO VICTIMS - - - - - - - - - - - - - - - - - - - ¶14. (SBU) A-I: There are no laws, programs or funding in place to protect or assist victims, but two GCOB representatives attended a June IOM seminar on Developing Victim Assistance and Outreach Response. The GCOB has indicated that the Bahamas Crisis Center could be used for the shelter and provision of services to trafficking victims. There is no formal screening or referral processes in place to protect potential victims. There are no NGOs working locally in the prevention or detection of trafficking in persons, but the IOM works regionally on these issues and enjoys a strong relationship with the GCOB. The Red Cross, the Salvation Army and local church groups provide assistance to illegal migrants at the detention center and would be willing to assist trafficking victims. ¶15. (SBU) The lack of formal protection, combined with GCOB practice to require reporting to the Department of Immigration, is likely a significant factor in the lack of reporting of suspected trafficking. According to sources within the vulnerable Haitian community, potential victims are unwilling to risk deportation by making reports to the feared Department of Immigration -- the GCOB designated reporting agency for trafficking concerns. - - - - - - - - - - - - - - - CONTACT AND HOURS INFORMATION - - - - - - - - - - - - - - - ¶16. (U) The Post point of contact for trafficking is Gregory Floyd, Pol/Econ Officer, (242)322-1181, fax (242)356-0222. This report was drafted in four hours by Pol/Econ Officer, FS-04. Related investigation and contacts involved approximately 45 hours of work by Pol/Econ Officer, FS-04. HARDT