THE BAHAMAS TENTH ANNUAL TRAFFICKING IN PERSONS REPORT

UNCLAS NASSAU 000148

SENSITIVE
SIPDIS
STATE FOR G/TIP, G-LAURA PENA, INL, DRL, PRM, WHA/PPC, USAID, DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF LABOR, AND DEPARTMENT OF TREASURY

E.O. 12958: N/A
TAGS: PREF PGOV KCRM PREL KTIP PHUM KWMN SMIG KFRD ASEC
ELAB, KMCA, BF, HA
SUBJECT: THE BAHAMAS TENTH ANNUAL TRAFFICKING IN PERSONS REPORT

REF: 10 STATE 002094


1. (U) Post's point of contact for this report is PolOff Wendy
Rejan, Phone 242-322-1181 ext 4510, Fax 242-356-0222. PolOff spent
24 hours drafting this cable. Post's response to inquiries is
provided using the original number and letter of the questions in
reftel.




2. (U) Question 25. THE COUNTRY'S TIP SITUATION:



-- A. What is (are) the source(s) of available information on human
trafficking? What plans are in place (if any) to undertake further
documentation of human trafficking? How reliable are these sources?



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 the
International Organization for Migration (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.
Because anti-trafficking legislation was passed in November 2008,
law enforcement agencies may be the best source of such
information. Current information is very limited, however.



-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to conditions of
commercial sexual exploitation, forced or bonded labor, or other
slave-like conditions? Are citizens or residents of the country
subjected to such trafficking conditions within the country? If so,
does this internal trafficking occur in territory outside of the
government's control (e.g. in a civil war situation)? From where
are people recruited or from where do they migrate prior to being
subjected to these exploitative conditions? To what other countries
are people trafficked and for what purposes? Provide, where
possible, numbers or estimates for each group of trafficking
victims. Have there been any changes in the TIP situation since the
last TIP Report (e.g. changes in destinations)?



There have been credible, though in some cases unsubstantiated
reports from international organizations and NGOs 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 2009, 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 Haiti, continue to present major challenges to the
Government of The Bahamas.



Post has received reliable reports from Bahamian contacts 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.

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 the 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."





-- C. To what kind of conditions are the trafficking victims
subjected?



Reports from post contacts 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.



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.



-- D. Vulnerability to TIP: Are certain groups of persons more at
risk of human trafficking (e.g. women and children, boys versus
girls, certain ethnic groups, refugees, IDPs, etc.)? If so, please
specify the type of exploitation for which these groups are most at
risk (e.g., girls are more at risk of domestic servitude than
boys).



Persons of Haitian origin are most at risk for forced labor
exploitation.



-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business people? Small
or family-based crime groups? Large international organized crime
syndicates? What methods are used to gain direct access to victims?
For example, are the traffickers recruiting victims through
lucrative job offers? Are victims sold by their families, or
approached by friends of friends? Are victims "selfpresenting"
(approaching the exploiter without the involvement of a recruiter
or transporter)? If recruitment or transportation is involved, what
methods are used to recruit or transport victims (e.g., are false
documents being used)? Are employment, travel, and tourism agencies
or marriage brokers involved with or fronting for traffickers or
crime groups to traffic individuals?

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.




3. (U) Question 26. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS:

-- A. Does the government acknowledge that human trafficking is a
problem in the country? If not, why not?



Yes. The government, elected in May 2007, declared adherence to
international standards on human trafficking in June 2007 and
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 of 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 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.



One of the forums for discussing human trafficking in a joint
setting (police, military, immigration, and public prosecutors) is
through the Joint Task Force of Operation Bahamas, Turks and Caicos
(OPBAT). In addition, Immigration and Customs Enforcement
(ICE)/Human Smuggling Trafficking Center (HSTC) training was
provided to a wide cross-section of agencies in April 2008, with
the participation of six different GCOB agencies, including police,
military, prosecutors, social services, and NGO representatives.
IOM conducted two anti-trafficking training sessions in 2009 with
immigration, labor, social services, law enforcement and NGO
participation.



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
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.



-- B. Which government agencies are involved in efforts to combat
sex and labor trafficking - including forced labor - and, which
agency, if any, has the lead in these efforts?



The Ministry of Foreign Affairs (MFA) has the lead on
anti-trafficking efforts. An ad hoc governmental working group on
trafficking included the MFA, Department of Immigration (organized
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 Bureau of Women's Affairs has emerged as the lead agency
for anti-trafficking training and assistance to victims.



-- C. What are the limitations on the government's ability to
address these problems in practice? For example, is funding for
police or other institutions inadequate? Is overall corruption a
problem? Does the government lack the resources to aid victims?



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 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 (on all fronts -- prosecution, victim
protection, and prevention) and periodically make available,
publicly or privately and directly or through
regional/international organizations, its assessments of these
anti-trafficking efforts?



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. 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.



-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?



There is universal birth registration; all births must be
registered within 21 days of delivery. Children born to
non-Bahamian parents or to a Bahamian mother and a non-Bahamian
father born outside of The Bahamas do not automatically acquire
citizenship. Otherwise, citizenship is acquired by birth in the
country.



--F. To what extent is the government capable of gathering the data
required for an in-depth assessment of law enforcement efforts?
Where are the gaps? Are there any ways to work around these gaps?



The government lacks the necessary resources and capacity for
gathering the data required for an in-depth assessment of law
enforcement efforts.




4. (U) Question 27. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
For questions A-D, posts should highlight in particular whether or
not the country has enacted any new legislation since the last TIP
report.



-- A. Existing Laws against TIP: Does the country have a law or
laws specifically prohibiting trafficking in persons -- both sexual
exploitation and labor? If so, please specifically cite the name of
the law(s) and its date of enactment and provide the exact language
[actual copies preferable] of the TIP provisions. Please provide a
full inventory of trafficking laws, including non-criminal statutes
that allow for civil penalties against alleged trafficking crimes
(e.g., civil forfeiture laws and laws against illegal debt). Does
the law(s) cover both internal and transnational forms of
trafficking? If not, under what other laws can traffickers be
prosecuted? For example, are there laws against slavery or the
exploitation of prostitution by means of force, fraud, or coercion?
Are these other laws being used in trafficking cases?



On November 26, 2008, parliament passed comprehensive legislation
specifically addressing trafficking in persons, whether for labor
or sexual exploitation, for the first time. The name of the law is
"The Trafficking in Persons (Prevention and Suppression) Act 2008."
The law was enacted on December 9, 2008. The maximum penalty for
trafficking in persons is life imprisonment. On November 26, 2008

parliament passed legislation increasing the maximum penalty for
rape 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.



There is a well-developed labor law that provides for minimum
wages, maximum working hours, a 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, and is not actively
investigating cases of alleged trafficking due to a lack of formal
complaints. Nor is the government cooperating with other
governments to investigate or prosecute trafficking cases. The
GCOB is, however, cooperating actively with the USG in
investigating suspected trafficking cases whenever they are
reported and 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-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.



-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of persons for
commercial sexual exploitation, including for the forced
prostitution of adults and the prostitution of children?



A person engaged in trafficking in persons upon conviction shall
"be sentenced to not less than three years nor more than five years
imprisonment. (b) be subject to forfeiture of property under
section 7; and (c) be ordered to pay full restitution to the victim
under section 6. (ii) on conviction on information- (a) be
sentenced to life imprisonment or to a term not less than five
years; (b) be subject to forfeiture of property under section 7;
and (c) be ordered to pay full restitution to the victim under
section 6. 4. (1) A person who, for the purpose of committing or
facilitating an offence under subsection (1) of section 3 conceals,
removes, withholds or destroys any - (a) travel document that
belongs to another person; or (b) document that establishes or
purports to establish another person's identity or immigration
status, is liable on- (i) summary conviction to imprisonment for a
term of three years; (ii) conviction on information for
imprisonment for a term of ten years (2) Every person who receives
a financial or other benefit knowing that it results from the
offence of trafficking in persons commits and offence and is liable
on- (a) summary conviction to a fine of ten thousand dollars or to
imprisonment for three years or to both such fine and imprisonment;
(b) conviction on information to a fine of fifteen thousand dollars
or to imprisonment for a term of ten years or to both such fine and
imprisonment. 5 (1) Whoever knowingly transports or conspires to
transport, or attempts to transport or assist another person
engaged in transporting any person in The Bahamas or across an
international border for the purpose of that person engaging in
prostitution commits an offence and shall be liable on summary
conviction to be punished in accordance with subsections (2) and
(3). (2) Persons convicted of the crime of transporting a person
for the purpose of exploiting that person's prostitution shall be
liable on summary conviction to a fine of fifteen thousand dollars

and to imprisonment for three years." The presence of aggravating
factors which include transporting one or more children can permit
a longer sentence of five years in lieu of that mentioned in
subsection (2) together with forfeiture of the conveyance used for
transporting the victim. Those convicted are required to pay their
victims restitution for (a) costs of medical and psychological
treatment; (b) costs of physical and occupational therapy and
rehabilitation; (c) costs of necessary transportation, temporary
housing and childcare; (d) lost income; (e) attorney's fees and
other cost such as victim advocate fees; (f) compensation for
emotional distress, pain and suffering; and (g) any other loss
suffered by the victim." Five years can be added to a sentence if
the defendant committed a sexual assault against the victim,
exposed the victim to a life threatening illness or if the victim
was under eighteen years of age.



-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking offenses,
including all forms of forced labor? If your country is a source
country for labor migrants, do the government's laws provide for
criminal punishment -- i.e. jail time -- for labor recruiters who
engage in recruitment of workers using knowingly fraudulent or
deceptive offers with the purpose of subjecting workers to
compelled service in the destination country? If your country is a
destination for labor migrants (legal/regular or
illegal/irregular),are there laws punishing employers or labor
agents who confiscate workers' passports or travel documents for
the purpose of labor trafficking, switch contracts without the
worker's consent as a means to keep the worker in a state of
compelled service, or withhold payment of salaries as means of
keeping the worker in a state of compelled service?



A person engaged in trafficking in persons upon conviction shall
"be sentenced to not less than three years nor more than five years
imprisonment. (b) be subject to forfeiture of property under
section 7; and (c) be ordered to pay full restitution to the victim
under section 6. (ii) on conviction on information- (a) be
sentenced to life imprisonment or to a term not less than five
years; (b) be subject to forfeiture of property under section 7;
and (c) be ordered to pay full restitution to the victim under
section 6. 4. (1) A person who, for the purpose of committing or
facilitating an offence under subsection (1) of section 3 conceals,
removes, withholds or destroys any - (a) travel document that
belongs to another person; or (b) document that establishes or
purports to establish another person's identity or immigration
status, is liable on- (i) summary conviction to imprisonment for a
term of three years; (ii) conviction on information for
imprisonment for a term of ten years (2) Every person who receives
a financial or other benefit knowing that it results from the
offence of trafficking in persons commits and offence and is liable
on- (a) summary conviction to a fine of ten thousand dollars or to
imprisonment for three years or to both such fine and imprisonment;
(b) conviction on information to a fine of fifteen thousand dollars
or to imprisonment for a term of ten years or to both such fine and
imprisonment. 5 (1) Whoever knowingly transports or conspires to
transport, or attempts to transport or assist another person
engaged in transporting any person in The Bahamas or across an
international border for the purpose of that person engaging in
prostitution commits an offence and shall be liable on summary
conviction to be punished in accordance with subsections (2) and
(3). (2) Persons convicted of the crime of transporting a person
for the purpose of exploiting that person's prostitution shall be
liable on summary conviction to a fine of fifteen thousand dollars
and to imprisonment for three years." The presence of aggravating
factors which include transporting one or more children can permit
a longer sentence of five years in lieu of that mentioned in
subsection (2) together with forfeiture of the conveyance used for
transporting the victim. Those convicted are required to pay their
victims restitution for (a) costs of medical and psychological
treatment; (b) costs of physical and occupational therapy and
rehabilitation; (c) costs of necessary transportation, temporary
housing and childcare; (d) lost income; (e) attorney's fees and
other cost such as victim advocate fees; (f) compensation for
emotional distress, pain and suffering; and (g) any other loss
suffered by the victim."



-- D. What are the prescribed penalties for rape or forcible sexual
assault? (NOTE: This is necessary to evaluate a foreign
government's compliance with TVPA Minimum Standard 2, which reads:
"For the knowing commission of any act of sex trafficking... the

government of the country should prescribe punishment commensurate
with that for grave crimes, such as

forcible sexual assault (rape)."



Rape is illegal, but the law does not address spousal rape, except
if the couple is separating, in the process of divorce, or if there
is a restraining order in place. The maximum penalty for all
offenses, including a first-time offense is life imprisonment.



-- E. Law Enforcement Statistics: Did the government take legal
action against human trafficking offenders during the reporting
period? If so, provide numbers of investigations, prosecutions,
convictions, and sentences imposed, including details on plea
bargains and fines, if relevant and available. Please note the
number of convicted trafficking offenders who received suspended
sentences and the number who received only a fine as punishment.
Please indicate which laws were used to investigate, prosecute,
convict, and sentence traffickers. Also, if possible, please
disaggregate numbers of cases by type of TIP (labor vs. commercial
sexual exploitation) and victims (children under 18 years of age
vs. adults). What were the actual punishments imposed on convicted
trafficking offenders? Are they serving the time sentenced? If
not, why not?



No, the government did not take any legal action against
trafficking offenders during the reporting period.



-- F. Does the government provide any specialized training for law
enforcement and immigration officials on identifying and treating
victims of trafficking? Or training on investigating and
prosecuting human trafficking crimes? Specify whether NGOs,
international organizations, and/or the USG provide specialized
training for host government officials.



No, the government has not provided any specialized training for
law enforcement and immigration officials on identifying and
treating victims of trafficking. IOM has provided specialized
training for law enforcement and immigration officials on
identifying and treating victims of trafficking.



--G. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible,
provide the number of cooperative international investigations on
trafficking during the reporting period.



There have been no prosecution of trafficking cases. The
government cooperated with the USG in investigating one recent
suspected trafficking case.



-- H. Does the government extradite persons who are charged with
trafficking in other countries? If so, please provide the number
of traffickers extradited during the reporting period, and the
number of trafficking extraditions pending. In particular, please
report on any pending or concluded extraditions of trafficking
offenders to the United States.



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. Is there evidence of government involvement in or tolerance
of trafficking, on a local or institutional level? If so, please
explain in detail.

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 from a contact 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. PolOff also received anecdotal reports in
2009 that some military personnel may be involved in assisting with
the smuggling of trafficking victims into the country.



-- J. If government officials are involved in human trafficking,
what steps has the government taken to end such complicity? Please
indicate the number of government officials investigated and
prosecuted for involvement in trafficking or trafficking-related
criminal activities during the reporting period. Have any been
convicted? What sentence(s) was imposed? Please specify if
officials received suspended sentences, or were given a fine,
fired, or reassigned to another position within the government as
punishment. Please indicate the number of convicted officials that
received suspended sentences or received only a fine as punishment.



There were no government officials investigated and prosecuted for
involvement in trafficking or trafficking-related criminal
activities during the reporting period.



-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a peacekeeping
or other similar mission who engaged in or facilitated severe forms
of trafficking or who exploited victims of such trafficking.



N/A



-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of origin
for sex tourists? How many foreign pedophiles did the government
prosecute or deport/extradite to their country of origin? If your
host country's nationals are perpetrators of child sex tourism, do
the country's child sexual abuse laws have extraterritorial
coverage (similar to the U.S. PROTECT Act) to allow the prosecution
of suspected sex tourists for crimes committed abroad? If so, how
many of the country's nationals were prosecuted and/or convicted
during the reporting period under the extraterritorial provision(s)
for traveling to other countries to engage in child sex tourism?



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.




5. (U) Question 28. PROTECTION AND ASSISTANCE TO VICTIMS:



-- A. What kind of protection is the government able under existing
law to provide for victims and witnesses? Does it provide these
protections in practice?

Victim assistance, care, and support: The government relies on
international organizations and local NGOs to provide programs,
training, and funding to protect or assist trafficking victims.
The TIP 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 Crisis Centre, 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 Centre 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.



-- B. Does the country have victim care facilities (shelters or
drop-in centers) which are accessible to trafficking victims? Do
foreign victims have the same access to care as domestic
trafficking victims? Where are child victims placed (e.g., in
shelters, foster care, or juvenile justice detention centers)?
Does the country have specialized care for adults in addition to
children? Does the country have specialized care for male victims
as well as female? Does the country have specialized facilities
dedicated to helping victims of trafficking? Are these facilities
operated by the government or by NGOs? What is the funding source
of these facilities? Please estimate the amount the government
spent (in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the reporting
period.



There are no facilities solely dedicated to helping victims of
trafficking. Facilities available are run by NGOs. There are no
known trafficking victims requiring long-term shelter or assistance
nor prosecutions of trafficking cases. 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 most cases.



-- C. Does the government provide trafficking victims with access
to legal, medical and psychological services? If so, please
specify the kind of assistance provided. Does the government
provide funding or other forms of support to foreign or domestic
NGOs and/or international organizations for providing these
services to trafficking victims? Please explain and provide any
funding amounts in U.S. dollar equivalent. If assistance provided
was in-kind, please specify exact assistance. Please specify if
funding for assistance comes from a federal budget or from regional
or local governments.



The TIP legislation requires the Ministry for National Security to
ensure victims have access to a victim's advocate and that they are
informed of their legal rights. The legislation also requires the
Ministry of National Security and the Ministry for Labour and
Social Development to develop a plan in consultation with NGOs for
housing, psychological counseling, medical and legal assistance.



-- D. Does the government assist foreign trafficking victims, for
example, by providing temporary to permanent residency status, or
other relief from deportation? If so, please explain.

The legislation states "Where the victim is a person who does not
have the right to remain or reside in The Bahamas, The Director of
Immigration shall, subject to the provisions of this section, grant
the victim the appropriate visas or other required authorization to
allow him to remain in The Bahamas for the duration of time
necessary" to investigate and prosecute the case.



-- E. Does the government provide longer-term shelter or housing
benefits to victims or other resources to aid the victims in
rebuilding their lives?



The legislation required the Ministry of National Security and the
Ministry for Labour and Social Development to develop a plan in
consultation with NGOs for housing, employment, education and
training opportunities.



-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by law
enforcement authorities to institutions that provide short- or
long-term care (either government or NGO-run)?



Yes, the government plans to refer victims to the Bureau of Women's
Affairs, The Crisis Centre and the Eugene Dupuch Law School.



-- G. What is the total number of trafficking victims identified
during the reporting period? (If available, please specify the
type of exploitation of these victims - e.g. "The government
identified X number of trafficking victims during the reporting
period, Y or which were victims of trafficking for sexual
exploitation and Z of which were victims of nonconsensual labor
exploitation.) Of these, how many victims were referred to care
facilities for assistance by law enforcement authorities during the
reporting period? By social services officials? What is the
number of victims assisted by government-funded assistance programs
and those not funded by the government during the reporting period?



There were no trafficking victims identified during the reporting
period.



-- H. Do the government's law enforcement, immigration, and social
services personnel have a formal system of proactively identifying
victims of trafficking among high-risk persons with whom they come
in contact (e.g., foreign persons arrested for prostitution or
immigration violations)? For countries with legalized
prostitution, does the government have a mechanism for screening
for trafficking victims among persons involved in the
legal/regulated commercial sex trade?



There is no formal system of proactively identifying victims of
trafficking among high-risk persons.



-- I. Are the rights of victims respected? Are trafficking victims
detained or jailed? If so, for how long? Are victims fined? Are
victims prosecuted for violations of other laws, such as those
governing immigration or prostitution?



There were no reported cases of trafficking during the reporting
period.



-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many victims
assisted in the investigation and prosecution of traffickers during
the reporting period? May victims file civil suits or seek legal
action against traffickers? Does anyone impede victim access to

such legal redress? If a victim is a material witness in a court
case against a former employer, is the victim permitted to obtain
other employment or to leave the country pending trial proceedings?
Are there means by which a victim may obtain restitution?



There were no reported cases of trafficking during the reporting
period. The law requires those convicted of trafficking to pay
restitution to their victims for (a) costs of medical and
psychological treatment; (b) costs of physical and occupational
therapy and rehabilitation; (c) costs of necessary transportation,
temporary housing and childcare; (d) lost income; (e) attorney's
fees and other costs such as victim advocate fees; (f) compensation
for emotional distress, pain and suffering; and (g) any other loss
suffered by the victim. Any proceeds from forfeited property is
applied to the payment of restitution.



-- K. Does the government provide any specialized training for
government officials in identifying trafficking victims and in the
provision of assistance to trafficked victims, including the
special needs of trafficked children? Does the government provide
training on protections and assistance to its embassies and
consulates in foreign countries that are destination or transit
countries? What is the number of trafficking victims assisted by
the host country's embassies or consulates abroad during the
reporting period? Please explain the type of assistance provided
(travel documents, referrals to assistance, payment for
transportation home).



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 the 2008 legislation.



-- L. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its nationals who are repatriated as
victims of trafficking?



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 Labour and 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. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What
sort of cooperation do they receive from local authorities?



The government has a close and cooperative relationship with the
Crisis Centre which provides assistance to trafficking victims.




6. (U) Question 29. PREVENTION:



-- A. Did the government conduct anti-trafficking information or
education campaigns during the reporting period? If so, briefly
describe the campaign(s),including their objectives and
effectiveness. Please provide the number of people reached by such
awareness efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for trafficking

(e.g. "clients" of prostitutes or beneficiaries of forced labor)?



The government did not conduct anti-trafficking information or
education campaigns during the reporting period. The government
did participate in information and education campaigns conducted by
IOM.



-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?



No, the government does not monitor immigration and emigration
patterns for evidence of trafficking.



-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and multilateral
on trafficking-related matters, such as a multi-agency working
group or a task force?



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 the
Counter-narcotics and Immigration Joint Task Force. There is no
public corruption task force.



-- D. Does the government have a national plan of action to address
trafficking in persons? If the plan was developed during the
reporting period, which agencies were involved in developing it?
Were NGOs consulted in the process? What steps has the government
taken to implement the action plan?



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: Required of all Posts: What measures has the government taken
during the reporting period to reduce the demand for commercial sex
acts?



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



-- F. Required of all Posts: What measures has the government taken
during the reporting period to reduce the participation in
international child sex tourism by nationals of the country?




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.




7. (U) Question 30. PARTNERSHIPS



Secretary Clinton has identified a fourth "P", Partnerships,
recognizing that governments' partnerships with other government
and elements of civil society are key to effective anti-TIP
strategies. Although the 2010 Report will include references
and/or descriptions of these partnerships, they will not be
considered in the determining the tier rankings, except in cases
where a partnership contributes to the government's efforts to
implement the TVPA's minimum standards.

-- A. Does the government engage with other governments, civil
society, and/or multilateral organizations to focus attention and
devote resources to addressing human trafficking? If so, please
provide details.



The government engages with various NGOs as well as IOM on
anti-trafficking training and assistance to victims.



-- B. What sort of international assistance does the government
provide to other countries to address TIP?



The government does not provide assistance to other countries to
address TIP.



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COMMENT

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8. (SBU) Evidence of human trafficking in The Bahamas arises
primarily from the demand 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.
Reported 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 international standards and appropriate
national legislation, and receptivity to further USG training
across relevant law enforcement agencies, Post recommends The
Bahamas for a Tier 1 ranking in the Tenth 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.
ZUNIGA-BROWN