THE BAHAMAS -- EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP)

UNCLAS NASSAU 000193 SIPDIS SENSITIVE SIPDIS STATE FOR WHA/CAR JTILGHMAN, G/TIP BARBARA FLECK, G, INL, DRL, WHA/PPC E.O. 12958: N/A TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG BF SUBJECT: THE BAHAMAS -- EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT REF: STATE 2731 ¶1. (U) As requested in reftel, please find Post's responses to questions for the annual Trafficking in Persons Report. -------------- Para 27 -- OVERVIEW OF ACTIVITIES -------------- ¶2. (SBU) A: Is the country a country of origin, transit, and/or destination for internationally trafficked men, women, or children? There have been no new substantiated reports indicating that The Bahamas is a country of destination for trafficking in persons. Economic and social conditions conducive to labor trafficking do exist. While the Bahamas' economic growth has slowed in 2007, the demand for foreign workers persists, especially in menial jobs or jobs not attractive to Bahamians. Illegal immigration and human smuggling, especially from Haiti, continue to present major challenges to the Government of The Bahamas. Post has in the past received reliable reports indicating a labor trafficking problem. Anecdotal evidence from NGO representatives, community activists, and media reports indicates that such cases occur, for example, in domestic service. Government officials generally recognize the existence of this vulnerability, but question the scope and extent of the trafficking problem. Reports indicate that individual employers may exploit migrant workers, legal and illegal, who have traveled willingly and accepted offers of labor. Exploitation happens by threat of deportation, express and implied, or if employment demands are not met. Haitian migrants are at particular risk, though past cases include persons from other migrant groups. It is not known whether organized smugglers work with employers to fill needs for workers. The extent of trafficking remains unknown, as there are no reliable statistics or estimates available to quantify trafficking. There are no allegations that organized crime syndicates are responsible for trafficking. According to a September 2006 IOM study on Haitian migration, an estimated 30,000-60,000 Haitians living in The Bahamas "are not well integrated into Bahamian society." The study found that Haitians distrusted Bahamian authorities and occasionally leveled accusations of abuse. The IOM study also found that employers used migrant labor without regard to legality of employment, that Haitian workers may be surcharged by employers to obtain documentation, and that Haitian workers claimed to be paid wages unacceptable to Bahamian workers. The 2006 study followed the IOM's 2005 Exploratory Assessment of Trafficking in Persons in The Bahamas, in which IOM concluded that The Bahamas provides an environment "fertile for facilitating the criminal activity of trafficking in persons." 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. In past years, widely reported instances of deportations of groups of foreign women discovered working illegally in adult entertainment settings indicate that situations conducive to sex trafficking may also occur. Hard evidence, though, is lacking. B: Please provide a general overview of the trafficking situation in the country and any changes since the last TIP Report (e.g., changes in direction). The government, elected in May 2007, declared adherence to international standards on human trafficking a priority in June 2007 and has made progress since at the cabinet level on amending existing legislation to conform to the Palermo Protocols to the Convention Against Transnational Organized Crime. Comprehensive legislative reform is recognized as a need at the expert level. The new government has moved to speed up adjudication of immigration petitions in order to regularize persons with a valid claim to status, while expelling those without such a claim.. The Immigration Department, which had taken the lead on trafficking issues in the past, has been subsumed under the Ministry of National Security (MNS),joining other law enforcement agencies including the police and military. This organizational change encourages a broader law enforcement view of trafficking that moves beyond a more narrow immigration-focused approach. Human trafficking can now be discussed around the table jointly with police, military, immigration, and public prosecutors, for example in the Joint Task Force of Operation Bahamas, Turks and Caicos (OPBAT),where ICE/HSTC training was offered to a wide cross-section of agencies in December 2007. Official awareness of trafficking as a form of trans-national crime, in addition to the usual preoccupations of drugs, migrants, and arms, has increased. While the distinction between human smuggling and illegal immigration -- both major government concerns -- and trafficking as a victim-centered crime may still require explaining, it is now on the broader government agenda. C: Which government agencies are involved in anti-trafficking efforts and which agency, if any, has the lead? An ad hoc governmental working group on trafficking includes the Ministry of Foreign Affairs (MFA),Immigration Department (MNS), Social Services and Women's Affairs (Ministry of Health and Social Development),and NGO representatives. It meets periodically to address trafficking in an inter-agency setting, with the latest session occurring February 12, 2008. Within this group in particular, the previous stress on immigration is shifting toward an emphasis on victim outreach. There is now broad realization that victims of labor trafficking have no incentive whatsoever to complain to immigration authorities whose chief motivation is to expeditiously deport them. The MFA has emerged as the likely lead agency going forward, to replace the Immigration Department, due to resource constraints in the Ministry of Health and Social Development, which was also amalgamated from two previously separate ministries under the new government. The MFA is charged with re-drafting anti-trafficking legislation, in cooperation with the Attorney General's office, in line with international commitments to fight trafficking. D: What are limitations on the government's ability to address this problem in practice? The government's ability to address trafficking in practice is limited by resource and capacity constraints, as well as a lack of awareness of the distinction between human smuggling (and illegal immigration) and human trafficking. The government's inability to evaluate the extent of trafficking reduces its urgency in the face of competing law enforcement priorities -- violent crime in particular. Local immigration requirements also contribute to conditions conducive to labor exploitation. Employers must request migrant work permits from the Department of Immigration before a foreign worker arrives in The Bahamas. Permits are delivered to the employer and employment is limited to the particular employer. The employer has the ability to cancel the permit 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 passports from workers once visas are obtained. Employers may exploit workers who have migrated willingly and accepted offers of labor by express and implied threat of deportation if employment demands are not met. Employers may 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. Lack of migrant trust of authorities, vigorous immigration enforcement, lack of legal protections for migrant workers, and, not insignificantly, poor conditions in the countries of origin, combine to create great disincentives for potential victims to complain to authorities, let alone seek assistance or repatriation. E: To what extent does the government systematically monitor its anti-trafficking efforts? The government does not systematically monitor anti-trafficking efforts or produce assessments of those efforts. Government agencies cooperate with IOM and local NGOs in anti-trafficking programs and workshops on an ad hoc basis. -------------- -------------- Para 28 -- INVESTIGATION AND PROSECUTION OF TRAFFICKERS -------------- -------------- ¶3. (SBU) A-B, D-H: Legal Status, Penalties, and Prosecution: The Bahamas does not have laws specifically prohibiting trafficking in persons. The government is amending existing legislation and recognizes the need for comprehensive legislative reform in line with international commitments. The government nominated staff in the Attorney General's Office to participate in an IOM program to develop model regional legislation in 2008. Post has provided copies of anti-trafficking legislation from Jamaica to the MFA, Attorney General's Office, MNS, and other interested agencies for their review and consideration. 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 crimes with penalties of 7 years to life. The Government has not prosecuted traffickers, had no occasion to cooperate on trafficking cases, and is not actively investigating cases of alleged trafficking due to a lack of formal complaints. C: Punishment of Labor Trafficking Offenses: 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. 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. Migrant workers often do not have access to these legal protections, however. I: Extradition: 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 agencies enjoy strong cooperation from the government, including on extradition of Bahamian nationals, and work closely with their counterparts. J-K: Official government involvement: There is no evidence of general government involvement in or tolerance of trafficking. Individual abuses may occur, however. In November 2006, Poloff received a report that a government official withheld the documents of his Philippine domestic worker, threatened to 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, was deported, and there has been no action against the official. L: Not applicable. M: 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. -------------- -- Para 29 -- PROTECTION AND ASSISTANCE TO VICTIMS -------------- -- ¶4. (SBU) A-D: Victim assistance, care, and support: There are no laws, government programs, training, or funding in place to protect or assist trafficking victims. Several local NGOs are willing to provide assistance and shelter to women and children victims, but express concerns over security. In addition, the Bahamas Crisis Center, which currently provides support to victims of sexual and domestic abuse, counseling, referrals to law enforcement, and a 24-hour hotline and related assistance, is willing to extend support to trafficking victims. The Crisis Center has not been approached by trafficking victims to date. There are no formal government screening or referral processes to protect potential victims. There are no local NGOs specifically working to protect trafficking victims, though the leading human rights NGO addresses the issue as part of its outreach to local migrants. IOM works regionally on trafficking issues and enjoys a strong relationship with different government agencies. The Red Cross, the Salvation Army and local church groups provide assistance to illegal migrants and could assist trafficking victims. E: Not applicable. F-G: Victim rights: There are no known trafficking victims or prosecutions. H: There are no known protection programs for trafficking victims or witnesses. Shelter or services are the same as those described in A-D above. I: The government does not provide specialized training for government officials, but participated in IOM training and is willing to engage in USG anti-trafficking training programs on an inter-agency basis. J: There are no known cases of Bahamian victims of trafficking. K: Assistance available to victims of trafficking is the same as those described in A-D above. -------------- Para 30 -- PREVENTION -------------- ¶5. (SBU) A: Does the government acknowledge that trafficking is a problem in the country? Yes. The new government elected in May 2007 has affirmed its desire to meet international standards on trafficking and has made progress at the cabinet level on amending existing legislation. It also recognized the need for future, comprehensive legislative reform. Internal reorganization and close cooperation with U.S. law enforcement agencies has encouraged a broader view of the trafficking problem in lieu of a narrow, immigration-focused approach. Previously, trafficking was not recognized as a significant issue because there were no complaints to the immigration authorities or police regarding trafficking, although some government officials privately acknowledged potential problems. Officials receiving complaints, particularly of the subtle types of labor trafficking which may exist, still lack sufficient awareness or training to recognize the issue as a trafficking, as opposed to an immigration problem, and react to it appropriately. B: There have not been any government-run anti-trafficking information or education campaigns in 2007. C: The government is responsive to civil society. NGO representatives participate in the government's ad hoc working group, and government agencies cooperate with NGOs on awareness-raising and possible victim assistance efforts. The government participates in regional anti-trafficking efforts with IOM and, according to IOM, both this and the previous government were highly cooperative and strong allies on anti-trafficking efforts. The government is receptive to approaches by civil society or the U.S. to improve anti-trafficking efforts. D: The Government does not comprehensively monitor immigration and emigration patterns for evidence of trafficking, or screen for potential trafficking victims along borders. The Immigration Department maintains detailed information on detained persons from which it is possible to glean broad migration trends. There is no evidence of Bahamians falling victim to trafficking. The Bahamas' relative prosperity and the better situation of women and children, compared to other Caribbean states, serve to mitigate trafficking of Bahamians. 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 many ranking officials in relevant ministries, including the Ministry of Foreign Affairs and Ministry of National Security. Children are required to attend school through age 16, and generally do so. In short, like the U.S., The Bahamas is a magnet for immigration, not a source of emigration. E: The government's Trafficking in Persons Working Group is the mechanism for coordination and communication between various agencies and its members serve as the points of contact for trafficking issues. It does not meet regularly, however, and did not have significant output during the reporting period. Whereas the Immigration Department was the lead agency in the past, the MFA has increasingly taken over the inter-governmental coordinating role. Trafficking issues can also be raised in our bi-annual Counter-narcotics and Immigration Joint Task Force, as for example in December 2007. There is no public corruption task force. F: The Government does not have a national plan to address trafficking in persons. G: Post is not aware that the government undertook specific measures to reduce the demand for commercial sex. H-I: Not applicable. -------------- COMMENT -------------- ¶6. (SBU) Evidence of human trafficking in The Bahamas arises primarily from the conditions obtaining in the labor market for low-skilled migrants. Determining the number of trafficking victims remains a challenge, however, as incentives for victims to come forward are minimal. Lack of data makes it impossible to quantify the trafficking problem relative to other pressing criminal justice issues, though the number of cases if quantified would be minimal and certainly below the 100-case threshold. In light of this, and positive organizational and political developments under the current government, including broad recognition of the existing vulnerability, a willingness to adjust inter-agency emphasis and approaches, political commitment to and progress in amending current legislation, and receptivity to further training across relevant agencies, Post recommends that The Bahamas maintain its "special mention" status in the Eighth Annual Trafficking in Persons Report. HARDT