BAHAMAS: SEVENTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS NASSAU 000239

SIPDIS

SENSITIVE
SIPDIS

STATE FOR WHA/CAR RCBUDDEN, G/TIP, G, INL, DRL,PRM, WHA/PPC

E.O. 12958: N/A
TAGS: KCRM PHUM KWNM ELAB SMIG KFRD PREF BF
SUBJECT: BAHAMAS: SEVENTH ANNUAL TRAFFICKING IN PERSONS
REPORT

REF: 06 STATE 202745

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OVERVIEW OF ACTIVITIES
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1. (SBU) A: There have been substantiated reports indicating
that The Bahamas is a country of destination for trafficking
in persons, particularly labor trafficking, but the extent of
the problem is unknown. There have been no substantiated
reports of The Bahamas as a country of origin or transit, or
of trafficking for commercial sexual exploitation, child
labor or other forms of serious trafficking. At particular
risk are the vulnerable Haitian communities, but known cases
also include persons from other migrant groups. More
research is needed to determine the extent of the problem, as
there are no government or other statistics available to
quantify trafficking. A governmental task force has been
established to examine the issue, but it has made only
limited progress in assessing the scope of the problem.

-- Post has received reliable, consistent and ongoing reports
from a local human rights NGO, a Haitian community group,
employers and individual migrant workers indicating a labor
trafficking problem. Some government officials privately
agree that the problem exists. These sources indicate that
labor trafficking is commonplace, and informal estimates of
the number of persons trafficked range from over one hundred
to over one thousand. These rough estimates have not been
confirmed and are not supported by formal study.

-- Post has received several direct complaints regarding
trafficking in the domestic service industry. In three
cases, sources have reported that employers have withheld
travel documents from migrant domestic workers and physically
restrained them inside the house where they are employed
outside of work hours. In one case, the migrant domestic
worker alleged sexual abuse. More widespread existence of
labor trafficking in the domestic service industry was
suggested in Post's meetings with leaders in the local
Haitian community, a local human rights NGO, and by contacts
in the general community. All contacts believed that labor
trafficking in domestic service was widespread.


2. (SBU) B: According to a September 2006 IOM study on
Haitian migration, there are an estimated 30,000 - 60,000
Haitians in The Bahamas who "are not well integrated into
Bahamian society." The study found distrust of Bahamian
authorities by the Haitian community and claims of abuse of
Haitians by Bahamian authorities. The IOM study also found
that members of the Haitian community serve as a source of
cheap labor and that employers use migrant labor without
regard to legality of the employment. It found that Haitian
workers may be surcharged by employers to obtain
documentation and found that Haitian workers claim to be paid
wages unacceptable to Bahamian workers. The 2006 study
follows the IOM's 2005 Exploratory Assessment of Trafficking
in Persons in The Bahamas, where the IOM concluded that The
Bahamas provides an environment "fertile for facilitating the
criminal activity of trafficking in persons." Many persons
interviewed by IOM in the 2005 assessment believed that
trafficking existed, and several felt the problem was
widespread.


3. (SBU) B, CONTINUED: The Bahamas is experiencing strong
job and economic growth, creating a demand for foreign
workers. Local immigration law requires employers to request
migrant work permits from the Department of Immigration
before the worker arrives in The Bahamas, with delivery of
the permits made to the employer and limited to work for the
particular employer. The employer has the ability to cancel
the permit directly with the Department of Immigration and
require the migrant to return home. Compliance with the work
permit requirement is uneven, and immigration enforcement
against illegal migrants is vigorous. Some employers do not
request work permits, some receive permits after lengthy
delays during which the worker is in The Bahamas without

documentation, and some employers withhold visas from workers
once obtained. Some employers are exploiting workers who
have migrated willingly and accepted offers of labor by
express and implied threat of deportation if employment
demands are not met. Some employers use the threat of
withdrawal of the employer-specific and employer-held
permits, and/or the threat of turning the employee over to
immigration, as a point of leverage to require migrant
workers to work longer hours, at lower pay, and in conditions
not permitted under local labor law. There are known cases
of the use of physical restraint of workers during off-duty
hours. Vigorous immigration enforcement, lack of migrant
trust of authorities, lack of legal protections for the
workers and poor conditions in the country of origin combine
to create disincentives for migrants to complain. Government
directions that complaints be made to the Department of
Immigration contribute to the lack of reporting by vulnerable
migrants.


4. (SBU) C: In practice, the Government's ability to respond
to trafficking is limited by its procedures for reporting and
monitoring trafficking, and by its methods for providing work
permits directly to an employer limited to work for that
employer. The official position of the Government is,
because it received no official reports of trafficking, it is
not a problem. However, some government officials have
privately expressed concern. The Government publicly said
that trafficking reports should be made to the Department of
Immigration. However, because no protections exist for
trafficking victims under law, trafficking is not clearly
unlawful in The Bahamas, employers have the ability to
withdraw work permits, and because of strong anti-immigrant
efforts by the Department of Immigration, victims are very
unlikely to report their employers to the Department of
Immigration. According to reliable contacts within the
vulnerable Haitian community, potential trafficking victims
are unwilling to approach Bahamian immigration or law
enforcement officials due to fear of deportation. The
Government currently lacks the resources to fully study and
evaluate the trafficking issue without outside assistance.
Without more direct reports of trafficking to the Government,
the issue is not a high priority for funding or attention.
If these problems were overcome by passage of legislation to
protect trafficking victims, make trafficking illegal, and
establish a reporting authority outside of the Department of
Immigration, corruption and capability would not be limiting
factors.


5. (SBU) D: The Government does not systematically monitor
anti-trafficking efforts or have assessments of those efforts.

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PREVENTION
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6. (SBU) A: The Government does not officially recognize
trafficking as a significant issue because there have not
been complaints to the Department of Immigration or police
regarding trafficking. However, some government officials
privately acknowledge potential problems. Immigration or
police officials receiving reports, particularly of the
subtle types of labor trafficking alleged, may lack
sufficient training to recognize the issue as a trafficking,
as opposed to an immigration or work permit problem.


7. (SBU) B: The Department of Immigration takes the lead in
anti-trafficking issues, and has publicly stated that it is
the point of contact for trafficking concerns. There is also
an informal Trafficking in Persons Task Force, including
representatives from the Department of Immigration, the
Ministry of Social Services, the Legal Aid Clinic and the
Attorney General's Office. Two members of the Task Force are
also involved with a local human rights NGO formed in late
2006 to address migrant rights issues. The Task Force did
not meet regularly in 2006, but its members appear eager to
address trafficking concerns.


8. (SBU) C: The Government participated in a regional
anti-trafficking training program with the IOM in June. The
program, which trained law enforcement persons to identify
and respond to trafficking was well attended and helped
increase awareness of trafficking in local law enforcement.
However, lack of local trafficking laws continue to limit the
effectiveness of such training.


9. (SBU) D: The government actively promotes women's rights
and equal opportunity for employment in the public and
private sectors. Women are active in politics, and are
represented at the highest levels of government, including
the Attorney General and the Deputy Prime Minister. Children
are required to attend school through age 16, and generally
do so. These factors, and the relative wealth of the nation,
serve to limit trafficking in Bahamians.


10. (SBU) E: Government is responsive to civil society.
The makeup of the Trafficking in Persons Task Force,
including persons affiliated with a human rights NGO, is
generally reflective of a good relationship between
government and civil society. According to the IOM, the
Government is a highly cooperative and strong ally on
anti-trafficking efforts. Post believes that the Government
would be receptive to approach by civil society or the U.S.
to improve anti-trafficking efforts.


11. (SBU) F: The Government does not monitor immigration
and emigration patters for evidence of trafficking, or screen
for potential trafficking victims along borders.


12. (SBU) G: The Trafficking in Persons Task Force is the
mechanism for coordination and communication between various
agencies and serves as the point of contact for trafficking
issues. However, the Task Force does not regularly meet and
did not have significant output during the reporting period.
There is no public corruption task force.


13. (SBU) H: The Government does not have a national plan
to address trafficking in persons.

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INVESTIGATION AND PROSECUTION OF TRAFFICKERS
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14. (SBU) A-J: The Bahamas does not have a law specifically
prohibiting trafficking in persons, but it would likely be
receptive to one. A member of the Department of Social
Services and the Anti-Trafficking Task Force has requested
copies of anti-trafficking legislation from Jamaica, which
Post has provided. 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 by force, threats, intimidation or drugging is
guilty of a crime subject to eight years imprisonment. The
law also contains provisions against the forcible detainment
of women and children. Sexual assault and rape are criminal,
with penalties of 7 years to life. The Government has
prosecuted no traffickers, had no occasion to cooperate on
trafficking cases, and does not actively investigate cases of
alleged trafficking. It claims it does not do so because of
lack of complaints.


15. (SBU) C: There are no known statutes that specifically
punish labor trafficking or provide punishment for labor
recruiters. There are no specific laws addressing employer
confiscation of documentation, switching of contracts as part
of labor trafficking or withholding of salary as part of
trafficking. However, there is a well-developed labor law
that provides for minimum wages, maximum working hours, clear
statement of terms of employment and significant additional
worker protections. Relevant law protecting workers includes
the Health and Safety at Work Act of 2002, the Employment Act
of 2001, the Fair Labor Standards Act of 1988 and the
Industrial Relations Act of 1970. However, migrant workers

often do not have access to these legal protections.


16. (SBU) G: Reports have not alleged that organized crime
syndicates are responsible for trafficking. It is alleged
that individual employers are exploiting migrant workers,
legal and illegal, who have migrated willingly and accepted
offers of labor. The exploitation happens by threat of
deportation, express and implied, if employment demands are
not met. Further research is needed to determine whether
organized smugglers work with employers to fill needs for
workers.


17. (SBU) I: The government participates in regional
training regarding trafficking in persons, including IOM
training in June and participation in U.N.-sponsored
activities. However, it does not independently provide
trafficking training for government employees.


18. (SBU) K: The government has not been asked to extradite
any person charged with trafficking in another country, but
is generally cooperative with extradition requests. U.S. law
enforcement enjoys strong cooperation from the Government on
law enforcement matters, including on extradition of Bahamian
nationals.


19. (SBU) L, M: There is no evidence of general government
involvement in or tolerance of trafficking. However, in
November 2006, Poloff received a report of a government
official who withheld documentation of his Philippine
domestic worker, threatened to and in fact did deport the
worker for attempting to change employers, and kept the
worker locked in her bedroom outside of working hours. The
worker refused to file a complaint and there has been no
action against the official.


20. (SBU) N, O: There is no known child sex tourism
problem. The Government ratified ILO Convention 182
concerning the Prohibition of the Worst Forms of Child Labor
on June 14, 2002. It ratified ILO conventions 29 and 105 of
Forced or Compulsory Labor on May 25, 1976. It has not
signed or ratified the Optional Protocol on the Convention on
the Rights of the Child. It signed the Protocol to Prevent,
Suppress and Punish Trafficking in Persons on April 9, 2001,
but has not ratified it.

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PROTECTION AND ASSISTANCE TO VICTIMS
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21. (SBU) A-I: There are no laws, programs, training or
funding in place to protect or assist trafficking victims.
However, a member of the Trafficking in Persons Task Force
has suggested that the Bahamas Crisis Center, currently
providing support to victims of sexual and domestic abuse,
could provide assistance in counseling, referrals to law
enforcement, a 24-hour hotline and related assistance to
trafficking victims. There has been no formal action to
expand the role of the Crisis Center to include work with
trafficking victims. There are no formal screening or
referral processes to protect potential victims. There are
no local NGOs working locally to protect trafficking victims,
but the Bahamas Human Rights Network is becoming increasingly
interested in the issue as part of its outreach to local
migrants. Additionally, IOM works regionally on trafficking
issues and enjoys a strong relationship with the Government.
The Red Cross, the Salvation Army and local church groups
provide assistance to illegal migrants and would be willing
to assist trafficking victims.

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CONCLUSION
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22. (SBU) Evidence of human trafficking in The Bahamas
exists, arising primarily from the labor market for migrants.
However, determining the number of persons trafficked
remains difficult. Regardless, legislation to criminalize

trafficking and protect victims is needed. Also needed is
review of a system that provides employers with too much
control over documentation and does not give migrant workers
access to the well-developed local laws protecting workers.


23. (SBU) Since listing The Bahamas as "special mention" in
the 2006 TIP report, a positive change in official attitudes
regarding trafficking appears to be under way. Of particular
note is the development of the Bahamas Human Rights Network
in late 2006, a new NGO focused on migrant rights developed
with PRM funding and significant Post support. Two members
of the Trafficking in Persons Task Force participate in the
Network. Post's recent meetings with Task Force and Human
Rights Network members on trafficking concerns have been
positive. The request for sample legislation by the Task
Force was particularly encouraging, as was discussion of the
use of existing Crisis Center resources as a
trafficking-victims protection center. Based on these
positive developments, and continued lack of data to quantify
the trafficking problem, Post requests that The Bahamas
maintain its "special mention" status in the Seventh Annual
Trafficking in Persons Report.


24. (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 six hours by Pol/Econ
Officer, FS-04. Related investigation and meetings involved
approximately 45 hours.
HARDT