Identifier
Created
Classification
Origin
08NASSAU193
2008-03-04 14:20:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Nassau
Cable title:  

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

Tags:  ELAB KCRM KFRD KWMN PHUM PREF SMIG BF 
pdf how-to read a cable
VZCZCXYZ5301
RR RUEHWEB

DE RUEHBH #0193/01 0641420
ZNR UUUUU ZZH
R 041420Z MAR 08
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC 5272
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHUB/USINT HAVANA 0560
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
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

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