BERMUDA: TENTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT FOR

UNCLAS SECTION 01 OF 07 HAMILTON 000026 SIPDIS SENSITIVE G/TIP; G-LAURA PENA; INL;DRL,PRM; EUR/PGI (J. BUCKNEBERG); EUR/WE (R. MARBURG AND D. PARADISE); EUR/PPD (L. MCMANIS AND A. PIPKIN); LONDON FOR R. HUBER E.O. 12958: N/A TAGS: KTIP ELAB KMCA KCRM KFRD KWMN PHUM PREF SMIG AMGT, PGOV, BD SUBJECT: BERMUDA: TENTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT FOR 2009 REF: STATE 002094 BERMUDA'S TIP SITUATION ¶1. (SBU) (Question 25A) CONGEN Hamilton verifies that trafficking is not a significant problem in Bermuda. The Bermuda Police Service (BPS),the Bermuda Department of Immigration, the Bermuda Department of Labor and Training, U.S. Customs and Border Protection (CBP), social workers at King Edward Memorial Hospital, the Coalition for the Protection of Children, the Women's Resource Center and Amnesty International Bermuda - all reliable sources - confirm this. The BPS and the Prosecutor's office confirmed that there were no prosecutions of trafficking crimes in 2009. ¶2. (SBU) (Question 25B) Bermuda is not a country of origin, transit or destination for internationally-trafficked men, women, or children. The small size of the island, approximately 21 square miles and 64,000 people, argues against trafficking, which would be obvious and very hard to conceal. The only direct flights to Bermuda come from the U.S., Canada, and the U.K., and the Government of Bermuda (GOB) is strict in its application of entry controls. Likewise, U.S. CBP preclearance officers are alert to incidents of attempted trafficking aboard flights to the U.S. However, in 2009 the Divisional Commander of the Salvation Army cited anecdotal evidence that trafficking into Bermuda may be a greater problem that many people realize (perhaps 10-12 persons per year). He said that people from Europe and Asia, mainly women, are trafficked in the hospitality industry, as domestics and as escorts for crew on cruise ships with the promise of lucrative jobs. In January 2010, the Commander corroborated his 2009 views, adding "Not too much has changed regarding human trafficking in Bermuda with the exception that the awareness level has increased." He believes the general public has a better understanding that it does exist, that it is "in my backyard," which he views as a huge step. Post has not been able to corroborate his views with others. The GOB and three NGOs acknowledge that abuse of expatriate workers occurs, although it is not widespread and there is no evidence or allegations that the workers are forced, defrauded, or coerced into continuing to provide their labor. The alleged labor abuses may take the form of lower wages for the same work, lower wages than agreed by contract, work hours in excess of a contract, and warehousing of immigrants in substandard accommodations. A Royal Gazette article on February 3, 2010, quoted the Minister of Labor and Home Affairs, Lt. Col. David Burch, as saying, "Recently, I have noticed an increasing trend of abuse of workers generally, and I wish to put all on notice that this sort of behavior will not be tolerated~For the most part, I believe non-Bermudian workers are being treated fairly during their employment in Bermuda. However, one case of abuse of workers is too many and when reported will be fully investigated and addressed." Victims rarely lodge a formal complaint of abuse out of fear of deportation or loss of income. NGOs report approximately two dozen cases of immigrant worker exploitation. Bermuda Immigration believes that, to the extent that it might exist, trafficking very probably involves sham marriages to circumvent immigration restrictions, the controls against which have become tighter in recent years. Since the 2008-2009 Trafficking in Persons (TIP) Report, there has been an increased awareness that there may be cases of trafficking in Bermuda, as well as cases of migrant worker abuse. HAMILTON 00000026 002 OF 007 ¶3. (SBU) (Question 25C) If there were trafficking in Bermuda, Post posits that living conditions might be poor, with multiple workers sharing a small room or working hours in excess of their contract. ¶4. (SBU) (Question 25D) Groups more at risk of human trafficking include men or women working in the construction or hospitality industries, as domestics, as escorts for cruise ship crews. Mail-order brides might also be vulnerable to trafficking. ¶5. (SBU) (Question 25E) There is no specific information available about traffickers or their methods, as this is not considered a significant issue in Bermuda. Lucrative job offers or the promise of residency could be the lures, according to the Salvation Army. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS ¶6. (SBU) (Question 26A) The GOB does not view trafficking as a problem. The small size of the island, approximately 21 square miles and 64,000 people, argues against trafficking, which would be obvious and very hard to conceal. In addition, the only direct flights to Bermuda come from the U.S., Canada, and the U.K., and the GOB is strict in its application of entry controls. ¶7. (SBU) (Question 26B) No government agency has specific responsibility for combating sex and labor trafficking, as the GOB does not consider trafficking to be a problem. The Department of Labor and Training deals with labor abuse. Bermuda Immigration and Bermuda Customs monitor immigration and emigration patterns for evidence of trafficking. Emigration patterns are checked by CBP at the airport pre-clearance facility, with specific attention to custody cases. Bermuda is generally cooperative with the U.S. and signed a Mutual Legal Assistance Treaty (MLAT) with the U.S. on January 12, 2009 that authorizes authorities in the U.S. and Bermuda to request and obtain assistance from each other in criminal investigations and prosecutions and related administrative and other proceedings. The MLAT facilitates the collection of evidence needed by authorities in one country but located within the other country. ¶8. (SBU) (Question 26C) The GOB does not lack the will or the resources to combat trafficking, but the Salvation Army indicates there may be a lack of knowledge of the situation. ¶9. (SBU) (Question 26D) As trafficking is not a problem in Bermuda, the GOB does not have a dedicated trafficking monitoring effort. The BPS, Bermuda Customs and Bermuda Immigration monitor crime in general and would investigate any suspicion of trafficking. ¶10. (SBU) (Question 26E) Not applicable. ¶11. (SBU) (Question 26F) Not applicable. INVESTIGATION AND PROSECUTION OF TRAFFICKERS HAMILTON 00000026 003 OF 007 ¶12. (SBU) (Question 27A) Bermuda has not enacted any new legislation since the last TIP Report. The country has no law specifically prohibiting trafficking in persons. However, Chapter 1 of the Bermuda constitution provides for the protection of fundamental rights and freedom of the individual. Section 3 provides for protection from inhumane treatment and Section 4 refers to the protection from slavery and forced labor but does not specifically refer to slavery resulting from trafficking. The Bermuda Immigration and Protection Act 1956 authorizes Bermuda Immigration officers to refuse entry to any person arriving in Bermuda who is reasonably believed to have come to Bermuda for any immoral purpose and who, being a woman or girl, is reasonably believed to be a prostitute or to have come to Bermuda for the purpose of prostitution. Also, various trafficking sub-offenses are an offense under the Criminal Code Act 1907, such as deprivation of liberty and intimidation. In 2002, Bermuda enacted the Marriage Amendment Act to prevent marriages of convenience and to ensure that immigration requirements are observed. The GOB considers existing law to be adequate. To date, there has not been any official, recorded incident of trafficking in persons in Bermuda. ¶13. (SBU) (Question 27B -D) There are no specific penalties for traffickers of persons, for either sexual or labor purposes; however, the Criminal Code does address sexual exploitation offenses. The Criminal Code Amendment Act 2007, effective May 2008, protects children from being sexually exploited via the internet and other means. It sanctions sexual exploitation of young persons, including provisions against showing child abusive material, child pornography or offensive material to a child; using children in the production of child abusive material or child pornography; luring children; making distributing etc. of child abusive material or child pornography; possession of child abusive material or child pornography; and accessing child abusive material or child pornography. The BPS investigates persons accessing child internet pornography and liaises with the FBI to identify persons resident in Bermuda who do so. In 2009, there was one prosecution resulting in a seven-year jail term for a man producing pornographic images of local children. A second person, then an officer with the BPS, was charged with 15 counts of accessing child internet pornography; as of February 2010, that case is before the Magistrates Court pending a preliminary inquiry and committal to the Supreme Court. The BPS operates a Child Victims Unit, and a dedicated officer for the forensic examinations of computers remains focused on investigating sex crimes (and other abuse) against children. The GOB has established a Sexual Offenders Register, records for which the BPS is responsible, and there is a memorandum of understanding between the BPS, Courts and Corrections to ensure that sex offenders register their names and addresses. The Minister for Justice liaises with the Commissioner of Police to determine whether details of a sex offender should be released to the public generally or to a segment of the public. Section 184 of the Criminal Code specifically relates to prostitution and covers women of all ages, but it does not address prostitution of men or young boys. Section 323 prohibits sexual assault, which by definition includes the offence of rape. The maximum penalty for a conviction is 20 years imprisonment on indictment. Section 325 of the Criminal Code covers offenses where a weapon is used, bodily harm is caused or threatened to the victim or more than one person perpetrates the assault. The maximum penalty for a conviction under this section is 20 years imprisonment on indictment. Section 326 addresses sexual assaults involving wounding, maiming or disfiguring the victim, the maximum penalty for which is life imprisonment. There have been no convictions pursuant to Section 326 in recent years. HAMILTON 00000026 004 OF 007 ¶14. (SBU) (Question 27E) The GOB does not maintain any trafficking-related statistics, as it does not perceive trafficking as a significant problem in Bermuda. There is monitoring of immigration and emigration patterns for evidence of trafficking by Bermuda Immigration and Bermuda Customs. CBP at the airport pre-clearance facility checks emigration patterns and looks out for emigration cases involving child custody. However, such cases are a rare occurrence, and CBP reported no cases in 2009. ¶15. (SBU) (Question 27F) The GOB does not provide specialized training for government officials on how to recognize, investigate and prosecute trafficking case, as it is not a significant problem in Bermuda. ¶16. (SBU) (Question 27G-H) The GOB is empowered to provide full assistance to other countries under the Criminal Justice (International Co-operation) (Bermuda) Act 1991. There have been no foreign requests made in relation to trafficking in persons. With respect to the U.S. specifically, Bermuda is generally cooperative and on January 12, 2009 signed an MLAT with the U.S. The MLAT formalizes and solidifies a direct channel of contact between prosecutors in each country on criminal matters. It provides for authorities in the U.S. and Bermuda to request and obtain assistance from each other in criminal investigations and prosecutions and related administrative and other proceedings. It will improve cooperation on a wide variety of crimes, including drug trafficking and sex offenses and will provide procedures for extradition. ¶17. (SBU) (Question 27I) There is no evidence of government involvement in or tolerance of trafficking. ¶18. (SBU) (Question 27J) There is no evidence that government officials are involved in trafficking. ¶19. (SBU) (Question 27K) Bermuda does not commit troops to international peacekeeping efforts, nor does it have embassies or consulates in foreign nations. ¶20. (SBU) (Question 27L) Child sex tourism as not a problem in Bermuda. PROTECTION AND ASSISTANCE TO VICTIMS ¶21. (SBU) (Question 28A) There is no government funding or support to foreign or domestic NGOs for victim services, as trafficking is not a significant problem in Bermuda. ¶22. (SBU) (Question 28B) There are numerous government and NGO programs to assist those in need that would be accessible to trafficking victims. The Salvation Army, which faces an increasing homeless population without sufficient shelter facilities, feels that a safe house would be desirable. Bermuda does not have any specialized facilities for trafficking victims. ¶23. (SBU) (Question 28C) Not applicable. HAMILTON 00000026 005 OF 007 ¶24. (SBU) (Question 28D) Trafficking is not a significant issue in Bermuda. However, there is the rare case of a foreign bride or groom brought into Bermuda and subsequently divorced. In such cases, the government does not provide residency status, and the victim is deported back to their home country. ¶25. (SBU) (Question 28E-F) Not applicable. ¶26. (SBU) (Question 28G) The GOB did not report any trafficking cases in 2009. The Physical Abuse Center, the Salvation Army and the Bermuda Industrial Union estimate approximately two dozen cases of immigrant worker abuse during 2009, in the domestic and construction industries. However, there were no allegations of force, fraud or coercion in these cases and the NGOs did not refer any formal complaints to the BPS in 2009. ¶27. (SBU) (Question 28H) There is no formal system for identifying trafficking victims. Bermuda does not have legalized prostitution. ¶28. (SBU) (Question 28I-J) Not applicable. ¶29. (SBU) (Question 28K) The GOB does not provide specialized training for identifying trafficking victims, as it does not consider trafficking a problem. ¶30. (SBU) (Question 28L) There is no record of any Bermudian trafficking victim being repatriated. If it were to occur, there are numerous service organizations to provide assistance (see next question). ¶31. (SBU) (Question 28M) There are no international organizations that work specifically with trafficking victims. Were trafficking to occur, there are numerous general social service organizations in Bermuda, including the Salvation Army, the Physical Abuse Centre, the Women's Resource Center, the Family Centre, Child and Adolescent Services, crisis hotlines, Legal Aid Office, and the Court Advocate Program through the Women's Resource Center that could provide services. The NGOs receive some government funding, but state that it is inadequate to meet the needs of their clients; otherwise, they describe government cooperation as good. PREVENTION ¶32. (SBU) (Question 29A) There have been no government-run, anti-trafficking information or education campaigns as it is not a significant problem in Bermuda. ¶33. (SBU) (Question 29B) Yes. Bermuda Customs and Bermuda Immigration monitor immigration and emigration patterns and CBP monitors emigration patterns. The latter occasionally sees a child custody case. Coordination between them is good. Bermuda Immigration is the lead agency. There is no single point of contact. Generally, coordination between Bermuda and the U.S. is very good. HAMILTON 00000026 006 OF 007 ¶34. (SBU) (Question 29C) There is no formal mechanism for coordination and communication between various agencies with respect to trafficking, as trafficking is not a significant problem in Bermuda; however, informal coordination among agencies is good. ¶35. (SBU) (Question 29D) The GOB has no national plan or education campaigns to address trafficking in persons, as it is not a significant problem in Bermuda. ¶36. (SBU) (Question 29E) Commercial sex or prostitution is not at such levels as to be a priority in the Police Service's fight against crime. Prostitution exists within some sectors of the community, for the most part driven by an addiction to drugs and/or alcohol and the desire for the prostitute to exchange sex for those items. This largely affects those in the lower income and/or criminal sector of this community. The Criminal Code creates adequate sanctions against living on the earnings of a prostitute, exercising control over a woman or girl with a view to her prostitution and the running of brothels. Prostitution as a whole is not organized in Bermuda and is a personal choice for some women. For the most part incidents of prostitution come to the attention of BPS when a `client' has property or monies stolen or is subject of a robbery. These matters are dealt with as reported but often there is very tenuous evidence as the `client' seeks to downplay the event. ¶37. (SBU) (Question 29F) The BPS is unaware of any incidents of child sex tourism or participation by Bermudians in international child sex tourism. PARTNERSHIPS ¶38. (SBU) (Question 29 G) Not applicable. ¶39. (SBU) (Question 30A) The GOB does not engage with other governments, civil society, or multilateral organizations to focus attention and devote resources to addressing human trafficking. ¶40. (SBU) (Question 30B) The GOB is empowered to provide full assistance to other countries under the Criminal Justice (International Co-operation) (Bermuda) Act 1991. There have been no requests made in relation to trafficking in persons. CHILD SOLDIERS PREVENTION ¶41. (SBU) (Questions 31-33) There have been no allegations regarding unlawful child soldiering in Bermuda. NOMINATIONS OF HEROES AND BEST PRACTICES ¶42. (SBU) (Questions 34-35) CONGEN Hamilton has no nominations for heroes or commendable initiatives. ¶43. POC at the American Consulate General, Hamilton is Astrid Black, telephone: 441-278-7502, fax: 441-296-9233, email blackac@state.gov . Time spent: 30 HAMILTON 00000026 007 OF 007 hours. DPO J. Rosholt - 03- 1 hour; PO G. Shelton - 01- 1.5 hours. ROSHOLT