VZCZCXRO4498
RR RUEHHT
DE RUEHHT #0026/01 0471358
ZNR UUUUU ZZH
R 161358Z FEB 10
FM AMCONSUL HAMILTON
TO RUEHC/SECSTATE WASHDC 4004
INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHC/USAID WASHDC
RUEHLO/AMEMBASSY LONDON 0955
RUEHHT/AMCONSUL HAMILTON 2182

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