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Viewing cable 06MANAMA389, BAHRAIN ANTI-TRAFFICKING RESPONSES 2006

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Reference ID Created Released Classification Origin
06MANAMA389 2006-03-14 04:35 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Manama
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 08 MANAMA 000389 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, NEA/RA, NEA/ARP 
STATE PLEASE PASS TO USAID 
STATE PLEASE PASS TO DEPARTMENT OF HOMELAND SECURITY 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF BA HUMRIT
SUBJECT: BAHRAIN ANTI-TRAFFICKING RESPONSES 2006 
 
REF: STATE 3836 
 
SENSITIVE BUT UNCLASSIFIED, PLEASE PROTECT ACCORDINGLY.  NOT 
FOR INTERNET DISTRIBUTION. 
 
1.  (SBU) Post's response to reftel follows.  Answers are 
keyed to reftel questions.  Please note that during the 
reporting period the Ministry of Social Affairs, which has 
the lead in establishing a shelter for victims of trafficking 
and abuse, was renamed the Ministry of Social Development. 
 
2.  (SBU) 21A.  Bahrain is a country of destination for men 
primarily as laborers and, to a lesser extent, domestic 
workers, and women primarily as domestic workers and, to a 
lesser extent, laborers.  There is no evidence that 
trafficking of children is an issue in Bahrain.  Trafficking 
does not occur within Bahrain's borders and there is no 
territory outside of GOB control.  Numbers of those 
trafficked are unclear as systems for recording and reporting 
such information are still in their early stages.  The 
Ministry of Labor stood up an automated system in mid-2005 to 
track employer-reported "runaway" workers, providing 
efficiency and enabling a wider base of users access to the 
information.  The Ministry reported that 2,284 workers were 
registered as runaways by their employers in calendar year 
2005.  An inter-ministerial task force has discussed the 
establishment of a database to record instances of 
trafficking in a more comprehensive way, but action has not 
been initiated as yet.  Sources of information on trafficking 
and steps the government is taking to address the problem are 
as follows:  Ministry of Foreign Affairs, Ministry of Labor, 
Ministry of Justice, Ministry of Social Development, Ministry 
of Interior, Migrant Worker Protection Society (MWPS), human 
rights NGOs, and the embassies of source countries.  Although 
the GOB sources are reliable in the information they provide, 
systems are not yet in place to provide reliable numerical 
and statistical data. 
 
3.  (SBU) 21B.  There was no evidence of significant change 
in the extent of trafficking from the last reporting period. 
Primary source countries for Bahrain were India, Pakistan, 
Nepal, Sri Lanka, Bangladesh, Indonesia, Thailand, and the 
Philippines.  To a lesser extent, China, Ethiopia, Eritrea, 
and countries of the former Soviet Union were also source 
countries.  Trafficking occurred primarily through 
recruitment agencies in source countries and in Bahrain. 
Victims commonly related anecdotes about agencies in source 
countries charging high administrative fees and describing 
desirable employment and attractive wages in Bahrain.  Upon 
arrival in Bahrain, the reality that faced new workers was a 
changed contract, workplace and job; long, arduous hours; 
lower salary than promised; and instant debts that had to be 
repaid to the local recruiting agency and sponsor.  The new 
worker did not have much choice but to accept the new terms 
and begin paying off the debt, which may take months, 
sometimes more than a year.  Housing was often over-crowded, 
unsanitary and without air conditioning, an unsafe situation 
during the extremely hot summer months.  Workers were subject 
to periods of non-payment or partial payment of their 
salaries.  Domestic workers were subject to excessive hours, 
lack of freedom of movement outside the house, verbal and 
physical abuse (including rape), withholding of documents 
such as passports, forced labor in the homes of neighbors or 
relatives of the sponsor, and forced fasting during Ramadan, 
even for non-Muslims.  Domestics reported having been locked 
up in recruitment agency offices while they waited for 
initial deployment or redeployment in cases of problems in 
the initial assignment.  The press reported occasional 
suicides among expatriate workers.  Participation in the sex 
tourism industry was almost always voluntary; cases of forced 
prostitution were rare. 
 
4.  (SBU) 21C.  From post's perspective there are no clear 
limitations on the government's ability to address 
trafficking.  The government points to the natural 
bureaucratic process taking time for the passage of 
legislation, the establishment of a shelter, and the 
realization of other initiatives. 
 
5.  (SBU) 21D.  The inter-ministerial task force meets 
regularly to monitor and assess its progress on different 
fronts.  The USG has identified with the GOB that reporting 
on progress is a weakness.  There have been a few press 
stories in which the head of the task force, MFA Assistant 
Under Secretary for Coordination and Follow-up Shaikh Abdul 
Aziz Bin Mubarak Al Khalifa was featured, and in which he 
called attention to the problem of trafficking and discussed 
measures the government is taking to address the issue.  The 
MFA is in the process of standing up a human rights section 
within its legal affairs division, and post has received some 
support from this section during the reporting period. 
 
6.  (SBU) 22A.  The GOB acknowledges at the highest levels 
that trafficking is a problem, and there exists the political 
will to address it.  In January Shaikha Sabeeka Bint Ebrahim 
Al Khalifa, wife of King Hamad and Chairwoman of the Supreme 
Council for Women, participated in an international 
roundtable conference on human trafficking in Athens, Greece. 
 The conference was organized by the Suzanne Mubarak Women's 
International Peace Movement and the global coalition Women 
Defending Peace.  There was much local press coverage of her 
involvement in the event, drawing much attention to the 
problem of trafficking. 
 
7.  (SBU) 22B.  The Ministry of Foreign Affairs has the lead 
in anti-trafficking efforts with Shaikh Abdul Aziz as the 
head of the inter-ministerial task force.  Other government 
agencies involved on the task force are as follows: Ministry 
of Justice, the Attorney General's office, Ministry of 
Interior, Ministry of Cabinet Affairs, Ministry of Social 
Development, and the Capital Governorate. 
 
8.  (SBU) 22C.  Education efforts to date have primarily 
focused on educating workers.  Multi-lingual printed 
information was given to workers arriving at the airport, at 
health centers where each new worker must have a physical 
exam, at embassies, and at the Ministry of Labor.  In 
addition, phone numbers for two hotlines, a trafficking 
hotline and a labor inspection hotline, were carried daily in 
the English-language newspaper, the Gulf Daily News.  In the 
reporting period, the trafficking hotline office received 28 
cases, including 15 calls, 10 letters or faxes, and three 
walk-in cases.  In 2005 the Ministry of Labor conducted 
outreach/mediation events with 13 companies in which there 
had been reported problems.  These events involved sharing 
information on regulations and new initiatives, conducting 
discussion sessions involving both managers and employees to 
encourage mutual understanding, and distributing handouts. 
GOB officials have voiced the need for additional outreach 
after anti-trafficking legislation is passed. 
9.  (SBU) 22D.  U.S. funded NGO TIP-related trainings have 
included the involvement of GOB officials, judges, 
prosecutors, and attorneys.  The Ministry of Labor conducted 
outreach activities as described in para 8. 
 
10.  (SBU) 22F.  Through its four-year existence, the Migrant 
Worker Protection Society has developed an adequate network 
to assist victims.  The Ministry of Interior contacts the 
MWPS when the police identify victims who need assistance. 
The MWPS supports victims in dealing with immigration and 
visa problems.  The MWPS also facilitates victim contact with 
her/his embassy's staff.  The MWPS receives no GOB funding 
although Bahraini officials, in particular MFA's Shaikh Abdul 
Aziz, have supported MWPS's fundraising efforts.  Recently 
the Indian Women's Association pledged to fund the rent for 
the MWPS shelter for one year.  Within the government the 
Ministry of Labor coordinates frequently with immigration 
authorities on individual cases. 
 
11.  (SBU) 22G.  There is no apparent system for monitoring 
patterns for evidence of trafficking.  Bahrain's sole border 
crossing is the causeway between Bahrain and Saudi Arabia. 
The press carries occasional reports of alien smuggling into 
Saudi Arabia across the causeway, but cases are not common. 
 
12.  (SBU) 22H.  As stated above, the inter-ministerial task 
force, led by Shaikh Abdul Aziz, coordinates GOB action.  The 
GOB does not have a public corruption task force.  Issues of 
corruption are addressed publicly by periodic government 
audit reports, Members of Parliament in the Council of 
Representatives, and by an NGO, the Bahrain Transparency 
Society. 
 
13.  (SBU) 22J.  Member ministries of the anti-trafficking 
task force formulated a national plan of action that includes 
legislation, a shelter, a trafficking database, phone 
hotlines, and outreach, among other items.  NGOs were not 
consulted in the process.  The plan is an internal document 
and has not been made public in its official form. 
 
14.  (SBU) 23A.  Bahrain has not yet passed anti-trafficking 
legislation.  Draft legislation has been completed and is 
presently out for feedback from relevant ministries.  In 
addition, the draft will be circulated in March 2006 in 
Riyadh at a meeting of Gulf Cooperation Council (GCC) 
countries subsequent to their request that Bahrain take the 
lead on drafting model legislation that all GCC countries 
could consider for implementation.  Present Bahraini laws are 
not adequate to cover the full scope of trafficking, but 
cases involving trafficking have been prosecuted under forced 
labor, unjustifiable holding of salaries, unlawful holding of 
an employee's passport, assault, and forced prostitution. 
USG-funded programs have assisted the Ministry of Justice in 
drafting the proposed legislation. 
 
15.  (SBU) 23B.  Anyone found guilty of sexual exploitation 
is subject to imprisonment of between two and seven years. 
If the victim is under 18 years of age, the imprisonment 
increases to between three and ten years.  Government 
employees found guilty of imposing forced labor on other 
government employees are subject to imprisonment of up to ten 
years.  Non-government employees found guilty of forced labor 
are subject to imprisonment and/or a fine. 
 
16.  (SBU) 23C.  Under current law, rape of a female is 
punishable by a sentence of up to ten years in prison, and 
rape of a male can result in imprisonment of up to seven 
years unless the male victim is under 17 years of age, in 
which case the perpetrator can be imprisoned up to ten years. 
 Sex trafficking is not covered under current law. 
 
17.  (SBU) 23D.  Under current laws, both the activities of 
prostitutes and those soliciting prostitution are 
criminalized.  The activities of handlers of prostitutes, 
such as pimps or brothel owners/operators, are also 
criminalized. 
 
18.  (SBU) 23E.  Because "trafficking" is not yet addressed 
by Bahraini law, there have been no convictions for 
trafficking.  However, the GOB has prosecuted aspects of 
trafficking cases under current laws such as those listed in 
para 14.  In a recent case, seven individuals, including two 
Bahrainis and five Indians, have been charged with unlawful 
bondage of workers and assault after holding six expatriate 
workers captive for 15 hours in a refrigeration truck.  If 
convicted they face between three and 15 years of 
imprisonment.  The Ministry of Labor employs mediation 
techniques to resolve complaints before they rise to the 
level of legal action.  This mediation is conducted at two 
levels.  First, before a complaint has entered the system 
officially, labor counselors make an attempt to resolve the 
issue.  Reportedly 16% of 233 cases involving domestic 
workers were resolved before formal registration of the 
complaint.  Another 44% were resolved after registering the 
complaint formally and undergoing a more robust mediation 
effort.  The remaining 92 cases could not be resolved and 
were forwarded to the Public Prosecutor's Office for further 
action.  Information on the outcome of these cases was not 
available from the Public Prosecutor's Office. 
 
19.  (SBU) 23F.  Recruitment agencies in Bahrain and in 
source countries are primarily responsible for trafficking in 
Bahrain.  Sponsors of expatriate workers who arbitrarily 
change terms of worker contracts without worker input are 
also guilty of trafficking.  The Ministry of Labor has 
employed three new labor inspectors to focus on recruitment 
agencies.  During the reporting period all of the existing 86 
recruitment agencies were inspected, three were closed for 
violations and a fourth was placed on probation.  Two of 
those which were closed were allowed to reopen after 
adequately addressing the violations.  The inspectors 
resolved 103 of 113 complaints filed with their office 
against recruitment agencies during the reporting period. 
The remaining are still under investigation. 
 
20.  (SBU) 23G.  The Ministry of Labor employs approximately 
60 labor inspectors who initiate inspections upon application 
for a work permit, subsequent to a worker complaint, 
following an employer request, and also randomly.  Covert 
police operations, although permitted by Bahraini law, are 
not used to investigate alleged trafficking.  Undercover 
officers are used to catch prostitutes.  Labor inspectors 
inspect labor sites to find and deport illegal workers and 
punish their sponsors.  Sponsors are liable for deportation 
expenses and fines of up to 1000 dinars ($2,660) for each 
illegal worker. 
 
21.  (SBU) 23H.  The GOB has encouraged its officials to 
participate in trafficking related programs on how to 
recognize, investigate, or prosecute instances of trafficking 
as they have become available.  A new eight-week training 
course on international law to be conducted by MOJ Under 
Secretary Shaikh Khalid Bin Ali Al Khalifa and Assistant 
 
SIPDIS 
Under Secretary Judge Abdulla Al Buainain will include 
elements of anti-trafficking law throughout and a separate 
module devoted to trafficking.  The recipients of the 
training will be new prosecutor trainees from whom new judges 
are often appointed.  Through an American Bar Association 
(ABA) program, Judge Maria Giammarinaro, an Italian judge and 
expert in trafficking law, delivered a one-week training 
workshop in September 2005 for judges, prosecutors and 
lawyers.  The Minister of Justice addressed the cohort of 
trainees to affirm the importance he attached to the issue. 
International trafficking expert Dr. Mohamed Mattar from 
Johns Hopkins University will be in Bahrain to conduct a 
workshop in March 2006 for government officials, attorneys, 
employers, and civil society groups. 
 
22.  (SBU) 23I.  Post is not aware of any cooperative 
international investigations or prosecutions of trafficking 
cases.  Embassies of source countries coordinate with the 
Ministry of Labor to resolve alleged trafficking cases. 
 
23.  (SBU) 23J.  There are no known trafficking-related 
extradition requests filed with the GOB.  Bahrain is party to 
a number of bilateral extradition treaties and some 
multinational arrangements, including the Arab Agreement to 
Combat Trans-Arab Organized Crime and the Arab Agreement to 
Combat Terrorism. 
 
24.  (SBU) 23K.  There is no firm evidence of government 
involvement in or tolerance of trafficking.  However, there 
are reportedly prominent members of the Bahraini community 
who receive authorization to sponsor large numbers of 
expatriate workers over the number they can reasonably 
employ.  Some reportedly engaged in the illegal practice of 
"selling" the visa to the worker for a fee of up to more than 
1000 dinars ($2660), who is then free to look for employment 
secretly and illegally on the open market, called "a casual 
 
SIPDIS 
laborer."  Employers who hire these workers are subject to 
fines if caught.  However, since they can hire these workers 
for less than legitimately hired workers through recruitment 
agencies, some accept the risk.  The Ministry of Labor system 
of accountability requires that if a laborer leaves his/her 
sponsor, the sponsor must report the laborer as a "runaway" 
worker and pay a 100 dinar ($266) deposit, refundable upon 
detention of the worker.  In 2005, 2284 workers were reported 
as runaways and 691 casual laborers were detained and 
referred to immigration for deportation.  Reportedly, in many 
cases after a "casual" worker's two year work permit validity 
expires, the worker must go back to the original sponsor to 
"renew" his work permit by "buying" the visa again from the 
sponsor for a similar sum.  The Ministry of Labor reported 
that in 2005 there were two Bahraini individuals who were 
charged for this kind of illicit activity. 
 
25.  (SBU) 23L.  No government officials have been prosecuted 
for involvement in trafficking or trafficking-related 
corruption. 
 
26.  (SBU) 23M.  Bahrain does not have an identified child 
sex tourism problem. 
 
27.  (SBU) 23N.  Bahrain has signed and ratified ILO 
Conventions 29, 105 and 182, in addition to the Optional 
Protocol to the Convention on the Rights of the Child.  In 
March 2004, the MFA announced Bahrain's accession to the UN 
Convention Against Transnational Organized Crime and the 
Protocols to Prevent, Suppress, and Punish Trafficking in 
Persons, especially Women and Children. 
 
28.  (SBU) 24A.  The GOB does not provide shelter, medical 
care, or psychological services specifically for victims of 
trafficking.  However, emergency medical care is universally 
available in Bahrain.  Police are instructed not to return an 
abuse victim to her/his sponsor if there is a risk of 
violence.  As was mentioned earlier, MWPS has become a 
contact for police stations in cases where victims need 
shelter.  The GOB, through the Ministry of Social 
Development, has taken several steps to open a government-run 
shelter open to any victim of abuse in Bahrain.  Funds have 
been allocated and a building has been selected for its 
operation, an administrative staffing plan has been approved, 
and its by-laws are in the process of being approved.  The 
Ministry of Labor operates two hotlines (see para 8) during 
business hours.  Recently the budget for the hotlines was 
augmented to expand the service to 24 hours; the longer 
service is estimated to begin in summer 2006.  As described 
in para 18, the MOL also provides labor dispute mediation 
services and works with immigration authorities to provide 
temporary residency when necessary until the dispute is 
resolved. 
 
29.  (SBU) 24B.  Although it permits NGOs that serve migrant 
workers to operate freely in Bahrain, the GOB does not 
provide funding or other forms of support for services to 
victims. 
 
30.  (SBU) 24C.  There is no formal referral process in place 
for victims of abuse; victims are handled on a case by case 
basis.  In some cases a victim is given temporary shelter by 
the police while the case undergoes a preliminary 
investigation.  Other cases are referred to MWPS to provide 
longer term shelter and assistance.  And in cases where there 
is an indication of misconduct on the part of the expatriate 
worker, the worker may be held in detention before being 
deported. 
 
31.  (SBU) 24D.  Trafficking victims are not fined or 
imprisoned unless they have perpetrated a non-labor crime 
such as theft, assault, or prostitution.  Workers who are no 
longer employed by their sponsor, but who have pursued work 
illegally, if caught, are detained at the Immigration 
Residence while being processed for deportation.  According 
to the Ministry of Labor, attempts were made not to detain 
workers for longer than 48 hours, but detention lengths 
reportedly varied. 
 
32.  (SBU) 24E.  Although the GOB may not actively encourage 
workers to pursue legal action against employers, it does not 
discourage the initiation of such legal action.  The GOB 
reportedly facilitates contact with lawyers, but NGOs report 
that workers rarely have the resources to hire quality 
attorneys.  Immigration officials often adjust residence 
requirements and sponsorship enabling expatriate victims to 
work for employers other than their sponsors in order to 
support themselves during the legal process. 
 
33.  (SBU) 24F.  At present, the GOB provides little support 
for victims and witnesses.  Progress on a shelter for victims 
was discussed above in para 28.  Other than the MWPS shelter, 
the Philippine Embassy has its own shelter and a robust 
program of protecting Philippine victims of abuse, averaging 
between 30 and 40 victims seeking refuge monthly.  No other 
embassy has its own shelter.  However, the Indonesian 
government has imposed a tentative ban on new Indonesian 
domestic workers to Bahrain.  The Philippine Embassy has 
imposed a minimum monthly wage of 75 dinars ($200) in 
addition to a requirement that all contracts be approved by 
the Embassy before the worker arrives in Bahrain.  The Indian 
Embassy is also currently seeking to impose a strict set of 
contractual rules such as holding recruitment agencies 
responsible for medical treatment and repatriation of abuse 
victims. 
 
34.  (SBU) 24G.  The GOB does not regularly provide 
specialized training for government officials, including its 
diplomats in other countries.  However, there has been 
discussion about needed training for shelter workers prior to 
the opening of the government shelter in Bahrain.  U.S. NGO 
Education Development Center has arranged for a seminar in 
March 2006 conducted by well-known trafficking expert Dr. 
Mohamed Mattar for civil society groups, employers, legal 
professionals, educators and government officials.  In 
addition to the seminar, Dr. Mattar will meet with the task 
force and provide input on both anti-trafficking legislation 
and shelter guidelines. 
 
35.  (SBU) 24H.  Post is not aware that any Bahraini 
nationals were victims of trafficking during the reporting 
period. 
 
36.  (SBU) 24I.  No international NGOs currently work in 
Bahrain.  The GOB has not developed a mechanism by which 
international organizations and NGOs are able to register to 
work in Bahrain.  In 2004, the GOB approved an International 
Organization for Migration (IOM) project, but was unable to 
identify a legal mechanism allowing IOM to operate in the 
country.  The task force is still working on a resolution to 
this situation, but as yet it remains unresolved. 
 
37.  (SBU) Post POC is Poloff Mike Mussi (office: 973 1724 
2834, fax: 973 1727 3011).  Hours spent on the report are as 
follows:  FS-04 officer, 65 hours; FS-02 officer, 2 hours; 
FS-01 officer, 2 hours. 
 
MONROE