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