Identifier
Created
Classification
Origin
09NASSAU99
2009-02-13 20:54:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Nassau
Cable title:  

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

Tags:  KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG BF 
pdf how-to read a cable
VZCZCXRO2562
RR RUEHGR
DE RUEHBH #0099/01 0442054
ZNR UUUUU ZZH
R 132054Z FEB 09
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC 6123
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHUB/USINT HAVANA 0623
RUEATRS/DEPT OF TREASURY WASH DC
RUEHC/DEPT OF LABOR WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
UNCLAS SECTION 01 OF 06 NASSAU 000099 

SENSITIVE
SIPDIS

STATE FOR WHA/CAR ACADIEUX, G/TIP SKRONENBURG, G, INL, DRL, WHA/PPC

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG BF
SUBJECT: THE BAHAMAS -- NINTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT

REF: 08 STATE 132759; STATE 5577

UNCLAS SECTION 01 OF 06 NASSAU 000099

SENSITIVE
SIPDIS

STATE FOR WHA/CAR ACADIEUX, G/TIP SKRONENBURG, G, INL, DRL, WHA/PPC

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG BF
SUBJECT: THE BAHAMAS -- NINTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT

REF: 08 STATE 132759; STATE 5577


1. (U) As requested in ref A, please find Post's responses to
questions for the annual Trafficking in Persons Report.

--------------
Para 23 -- THE COUNTRY'S TIP SITUATION
--------------


2. (SBU) A. What are the sources of available information on
trafficking in persons (etc.)?

Government officials, NGO representatives, journalists, individual
activists with a knowledge of or interest in the relevant issues, as
well as Embassy staff, provide information on possible trafficking
cases. The reliability of such sources varies, but is generally
limited to anecdotal, often second-hand reports. EmbOffs
occasionally are made aware of suspicious cases, allowing for better
substantiation, though these cases may not be reported to government
authorities for various reasons. Due to the limited nature of
sources, there is no reliable information on trafficking trends.

Past research reports by international groups, such as IOM, remain
authoritative in the absence of reliable new data or field research
on cases and trends. There are no known plans for the government or
local NGOs to conduct further documentation of human trafficking,
partly out of expressed fear of intruding into criminal areas more
appropriate for law enforcement investigation. In the future, as
comprehensive anti-trafficking legislation passed in November 2008
comes into force and is implemented, law enforcement agencies may be
the best source of such information. Current information is very
limited, however.

B-E: Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or children
(etc.)?

There have been credible, though in some cases unsubstantiated
reports indicating that The Bahamas is a country of destination for
trafficking in persons. Economic and social conditions conducive to
labor trafficking exist, whether internationally or within the

country, e.g. after legal workers or smuggled economic migrants fall
into trafficking situations at the hands of unscrupulous employers.
While The Bahamas' economic growth has slowed sharply in 2008, the
supply of relatively cheap foreign workers persists, especially for
menial jobs or jobs not attractive to Bahamians. Even amidst the
global economic downturn, illegal immigration and human smuggling,
especially from storm-ravaged Haiti, continue to present major
challenges to the Government of The Bahamas.

Post has received reliable reports in the past year and previously
indicating that the labor trafficking problem persists. Anecdotal
evidence from NGO representatives, community activists, government
officials, and media reports indicates that such cases continue to
occur. Responsible government officials generally recognize the
existence of this vulnerability, but some may question the scope and
extent of the trafficking problem.

Reports indicate that individual employers may exploit migrant or
temporary workers, legal and illegal, who have traveled willingly
and accepted offers of labor, whether by changing the terms of
contracts, withholding travel documents, refusing transportation
back home, or otherwise subjecting workers to express or implied
coercion. Exploitation may happen by threat of deportation, express
or implied, or if old or new employment demands are not met.
Haitian migrants are at particular risk, though known cases include
persons from other Caribbean migrant groups and persons from
countries not normally suspected of being source countries for
trafficking victims. 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

NASSAU 00000099 002 OF 006


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."

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. Media and other reports in 2008 pointed to cases of
foreign women, such as Jamaicans, being lured into prostitution in
The Bahamas under false pretenses. Hard evidence, though, is still
lacking as those affected are quickly deported or leave the country
of their own accord.

Details about the identity or methods of potential traffickers are
not known in most cases, although it is fair to assume, from
available information and limited documentation, that the promise of
legitimate jobs in the tourism or entertainment sectors are used to
lure migrants, who may subsequently fall into trafficking
situations.

--------------
Para 24 - SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:
--------------

A-B: Does the government acknowledge that trafficking is a problem
in the country (etc.)?

Yes. The government, elected in May 2007, declared adherence to
international standards on human trafficking a priority in June 2007
and has passed comprehensive anti-trafficking legislation and
ratified the Palermo Protocols to the Convention Against
Transnational Organized Crime. The new government 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, and made some progress in this regard. The minister
responsible for immigration appointed in a July 2008 cabinet
reorganization personally flew to an outlying island in early 2009
to preside over the granting of citizenship to a number of longtime
Haitian residents. Successive internal reorganizations and
continuing close cooperation with U.S. law enforcement agencies has
encouraged a broader view of the trafficking problem in lieu of the
narrow, immigration-focused approach which obtained in past years.


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. But there have been
significant attitude shifts.

The Immigration Department, which had taken the lead on trafficking
issues up to that point, was shifted in May 2007 to the Ministry of
National Security (MNS),joining other law enforcement agencies
including the police and military. In July 2008, the portfolio was
placed under the Deputy Prime Minister and Ministry of Foreign
Affairs, under a new, energetic minister who quickly introduced
major personnel changes in a bid for increased efficiency and public
service. The 2007 organizational change encouraged a broader law
enforcement view of trafficking that moved beyond the narrow
immigration-focused approach. The 2008 restructuring completely
removed old-guard officials who were seen to have minimized the
trafficking issue in the past and even, for a time, blocked GCOB
progress on addressing the problem through bureaucratic inertia.

Human trafficking was discussed around the table jointly with
police, military, immigration, and public prosecutors in 2007-08,
for example in the Joint Task Force of Operation Bahamas, Turks and
Caicos (OPBAT). In addition, ICE/HSTC training offered to a wide
cross-section of agencies in December 2007 was implemented in April
2008, with the participation of six different GCOB agencies,
including police, military, prosecutors, and social services, and
NGO representatives. USG actors plan to conduct further training
based on the positive feedback and passage of new legislation.

Official awareness of trafficking as a form of trans-national crime,
in addition to the usual preoccupations of drugs, migrants, and
arms, has greatly increased. The adoption of comprehensive

NASSAU 00000099 003 OF 006


legislation now provides a framework for future efforts in
investigation, prosecution, and victim protection in keeping with
international standards. While the distinction between human
smuggling and illegal immigration -- both major government
challenges -- and trafficking as a victim-centered crime may still
require explaining, it is now firmly on the broader government
agenda.

An ad hoc governmental working group on trafficking included the
Ministry of Foreign Affairs (MFA),Immigration Department (now under
the MFA),Social Services and Women's Affairs (Ministry of Labour
and Social Development),and NGO representatives. It met
periodically to address trafficking in an inter-agency setting.
Within this group in particular, the previous stress on immigration
enforcement has shifted completely toward an emphasis on victim
outreach and punishment of perpetrators.

The Department of Social Services has emerged as the likely lead
agency going forward.

C: What are limitations on the government's ability to address this
problem in practice (etc.)?

The government's ability to address trafficking in practice is
limited by financial, 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, including
counter-narcotics, countering migrant smuggling, stopping illegal
weapons flows, and reducing violent crime in general. With the
adoption of anti-trafficking legislation in line with international
commitments, the emphasis will inevitably shift to investigation and
prosecution, involving a much greater level of inter-agency
cooperation than the GCOB may be functionally, if not politically
ready to deploy.

Local immigration requirements also contribute to conditions
conducive to labor exploitation. These conditions are unlikely to
change given the downturn in the economy and the renewed focus on
immigration enforcement as a disincentive for continuing illegal
immigration, from Haiti in particular.

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 increasingly 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,
especially storm-devastated Haiti, combine to create great
disincentives for potential victims to complain to authorities, let
alone seek assistance or repatriation. It is not clear that the
passage of comprehensive anti-TIP legislation will have any impact
on this reality.

D: To what extent does the government systematically monitor its
anti-trafficking efforts (etc.)?

The government does not systematically monitor anti-trafficking
efforts or produce assessments of those efforts. Government
agencies cooperate with IOM, local NGOs, and the USG in
anti-trafficking programs and workshops on an ad hoc basis. It is
too early to tell how new legislation will impact monitoring
efforts.


NASSAU 00000099 004 OF 006


-------------- --------------
Para 25 -- INVESTIGATION AND PROSECUTION OF TRAFFICKERS
-------------- --------------


3. (SBU) A-G, K: Legal Status, Penalties, and Prosecution:
On November 26, 2008, parliament passed comprehensive legislation
specifically addressing trafficking in persons, whether for labor or
sexual exploitation, for the first time (text of the law provided to
G/TIP under separate cover for expert analysis). The maximum penalty
for trafficking in persons is life imprisonment.
The maximum penalty for a first-time rape offender is seven years'
imprisonment, and in the case of a second or subsequent conviction,
the penalty is 14 years' imprisonment. On November 26, 2008
parliament passed legislation increasing the maximum penalty to life
imprisonment.

Under existing law still in force at the time of writing of this
report, 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 imprisonment.

Apart from the new anti-TIP law, there are no known statutes that
specifically punish labor trafficking or provide punishment for
labor recruiters. Neither are there specific laws addressing
employer confiscation of documentation, switching of contracts as
part of labor trafficking or withholding of salary as part of
trafficking. All such situations are apparently covered under the
new TIP law (text of the law provided to G/TIP under separate cover
for expert analysis).

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.

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, in
addition to lacking specific anti-TIP legislation for much of the
reporting period. Nor is the government cooperating with other
governments to investigate or prosecute trafficking cases. The GCOB
is, however, cooperating actively with the USG in a multi-agency
context with respect to anti-smuggling efforts, which provides a
useful and practical template and platform for future cooperation in
anti-trafficking cases.

The government does not provide specialized training for government
officials, but participated in an IOM regional seminar on
legislation, in a USG anti-trafficking training program aimed at law
enforcement, and in anti-child trafficking trainings conducted by
IOM. The Attorney General sent representatives to work on regional
model legislation, six government agencies attended ICE/HSTC
training, including the Attorney General's Office, and multiple GCOB
and NGO representatives attended IOM's anti-child trafficking
trainings on two occasions. USG actors plan to conduct further law
enforcement training based on the positive feedback and passage of
new legislation.

H: 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.

I-J: Official government involvement: There is no evidence of
general government involvement in or tolerance of trafficking.
Quite the contrary, the internal restructuring and passage of
legislation indicates that the government has turned a new page in
anti-TIP efforts. 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

NASSAU 00000099 005 OF 006


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, and
ratified it on September 26, 2008.

-------------- --
Para 26 -- PROTECTION AND ASSISTANCE TO VICTIMS
-------------- --


4. (SBU) A-D: Victim assistance, care, and support: There are no
government programs, training, or funding in place to protect or
assist trafficking victims, although new legislation includes
provisions for victims' immunity from prosecution, protection of
victims and witnesses, and special treatment for victims under
immigration law. The law calls for the ministers responsible for
national security and social services to implement a plan to provide
appropriate services, in consultation with NGOs. 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-J: Housing, referrals, victim rights and assistance: There are
no known trafficking victims requiring long-term shelter or
assistance nor prosecutions of trafficking cases under old or new
legislation. Only a handful of credible, though in some cases
unsubstantiated cases were brought to Post's attention, with the
possible victims leaving the country immediately in every case.

K: The government does not provide specialized training for
government officials, but participated in IOM and USG
anti-trafficking training on a broad, inter-agency basis. USG
actors plan to conduct further trainings based on the positive
feedback and passage of new legislation.

L: There are no known cases of Bahamian victims of trafficking and
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 Minister of
Social Development, President of the Senate, 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.

M: There are no international NGOs working with trafficking
victims. Assistance available to victims of trafficking is the same
as that described in A-D above.

--------------
Para 27 -- PREVENTION
--------------


5. (SBU) Did the government conduct anti-trafficking information or
education campaigns during the reporting period (etc.)?


NASSAU 00000099 006 OF 006


A: There have not been any government-run anti-trafficking
information or education campaigns in 2008.

B: The government does not comprehensively monitor immigration and
emigration patterns for evidence of trafficking, or screen for
potential trafficking victims along borders, though this may change
following the passage of comprehensive legislation. The Immigration
Department maintains detailed information on detained persons from
which it is possible to glean broad migration trends.

C: 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. 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.

D: The Government does not have a national plan to address
trafficking in persons, though legislation calls for a plan to
implement services for victims.

E: Post is not aware that the government undertook specific
measures to reduce the demand for commercial sex.

F: Post is not aware that the government undertook specific
measures to reduce the participation of its nationals in
international child sex tourism. Post is not aware that this is a
problem.

G: 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, anecdotal media or other reports of possible
sex or labor trafficking, and periodic first-hand reports to
EmbOffs. Determining the number of trafficking victims remains a
challenge, however, as incidents are few and 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 far below the previously accepted 100-case
threshold. In light of this, and positive organizational and
political developments under the current government, including
demonstrated political commitment to and progress in adopting
international standards and appropriate national legislation, and
receptivity to further USG training across relevant law enforcement
agencies, Post recommends that The Bahamas maintain its "special
mention" status in the Ninth Annual Trafficking in Persons Report.
The Bahamas has demonstrated steady and enviable progress over the
last two years, and all indications remain that further progress
will be achieved in the upcoming year and the years ahead.

ELMO