TIP INTERIM ASSESSMENT

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000770

SIPDIS

FOR NEA/RA AND G/TIP

E.O. 12958: DECL: 11/16/2018
TAGS: KTIP KCRM KWMN PHUM PGOV SMIG BA
SUBJECT: TIP INTERIM ASSESSMENT

REF: A. HENZEL-NEA/ARP E-MAIL (9/2/2008)

B. STATE 109257

C. MANAMA 539 AND PREVIOUS

Classified By: DCM Christopher Henzel for reasons 1.4 (b) and (d).


1. (SBU) Summary: This message serves as post's input to the
Trafficking In Persons (TIP) interim assessment. Paragraphs
are keyed to ref B para 6A questions. End Summary.


2. (C) Question (a): The GOB established a new anti-human
trafficking unit (HTU) under the economic crimes unit at the
Criminal Investigative Directorate. The HTU, comprised of
two men and eight women, seems to be focused on female
victims of trafficking for the purpose of sexual
exploitation. The female members of the unit are generally
young, inexperienced, and socially conservative, but have
asked the local office of the U.S. Naval Criminal
Investigative Service (NCIS) for training and investigative
assistance. HTU invited an NCIS agent to sit in on an
interview with suspected victims. HTU reports that it has
referred several cases of possible human trafficking to the
Public Prosecution, which determined that only one of these
cases met the legal standard set by the anti-trafficking law
enacted in January 2008. The HTU has custody of a Thai
woman, Arfa Ching, who the GOB charged with trafficking three
other Thai women. The court will conduct a final hearing in
the case against Ching on December 23.
The victims provided testimony against the suspect to the HTU
and Public Prosecution, and then were repatriated at their
request. (Note: In the past, possible trafficking victims,
particularly those engaged in prostitution, have been
arrested and quickly deported. End note.)


3. (SBU) Question (b): The law required the GOB establish two
committees, one for policy development, headed by the
Ministry of Foreign Affairs, and one for victim support,
headed by the Ministry of Social Development. The Minister
of Social Development established the victim support
committee in August. It has not yet developed a formal
victim identification procedure. According to the Public
Prosecution office, investigators attempt to ascertain if
migrant workers were forced or coerced into conducting any
activity, legal or illegal, or had their freedom of movement
restricted in any way.


4. (C) Question (c): The three Thai victims mentioned above
provided written testimony against the defendant, and were
repatriated at their request. Senior Public Prosecutor Nawaf
Al Mouada told poloff that if a person entered the country to
knowingly participate in illegal activity such as
prostitution, they do not meet the standards as set by the
anti-trafficking law to qualify as a victim, and the
prosecutors therefore proceed under prostitution laws.
(NOTE: This highlights the need for more training for the
public prosecution and the judiciary. The Justice Minister
expressed interest on August 26 in specialized training for
those two organizations (ref A). End Note.)


5. (SBU) Question (d): The GOB instituted a new migrant labor
visa regime and spent considerable time and money trying to
explain the new system to the public. The system allows for
workers to change employers, shifts the responsibility for
"runaway" workers to employers, and criminalizes the use of
so-called "free visas" whereby a worker's visa is held by a
sponsor who "allows" the worker to find their own work and
accommodations for a fee, and forces employers to register
their workers. These changes do not affect domestic workers.
Despite numerous statements from the Minister of Labor and
from the CEO of the Labor Market Regulatory Authority (LMRA)
that the practice of holding passports is illegal, it remains
common. The Migrant Workers Protection Society, an NGO,
reported that administrative clerks at the courts claimed the
practice was legal. Sexual exploitation of any kind is
illegal.


6. (SBU) Question (d),continued: The anti-trafficking unit
produced a flier describing the new anti-trafficking law and
soliciting complaints to its hotline. The GOB distributes
the flier at the airport. The LMRA continued to expand the
material available on its website, www.lmra.bh, in numerous
languages to enable migrant workers to know their rights
under the new system. The LMRA worked with the International
Organization for Migration to develop an information brochure
for all incoming workers. IOM reports that the brochure is
in its final draft form.

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Visit Embassy Manama's Classified Website:

MANAMA 00000770 002 OF 002


http://www.state.sgov.gov/p/nea/manama/
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ERELI