This record is a partial extract of the original cable. The full text of the original cable is not available.

021429Z Mar 06

UNCLAS SECTION 01 OF 04 NASSAU 000358 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR WHA/CAR WBENT, WHA/PPC, G/TIP, G, INL, DRL, PRM, 
IWI 
 
E.O. 12958: N/A 
TAGS: PHUM SMIG PREF ELAB ASEC BF KCRM KWMN KFRD
SUBJECT: BAHAMAS: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS 
REPORT 
 
REF: STATE 03836 
 
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OVERVIEW OF ACTIVITIES 
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¶1.  (SBU) A,B:  There have been no substantiated reports of 
specific instances indicating that The Bahamas is a country 
of origin, transit or destination for trafficking in persons. 
 However, general reports regarding potential trafficking, 
especially in the vulnerable Haitian communities, are 
steadily increasing.  There is a large illegal migrant 
population living and transiting through The Bahamas, and a 
handful of reports that personal documentation is being 
withheld from these migrants as a threat to deportation if 
employment demands are not met.  There are no estimates of 
numbers or consensus on the scope of the problem, and no 
plans in place to undertake documentation of trafficking. 
While more research is needed, there are indications of an 
emerging problem: 
 
-In June 2005, Minister of Labor and Immigration Vincent Peet 
gave a speech at a conference on child labor.  In that 
speech, he concluded that child labor continued to be a 
problem in The Bahamas.  He called a 2002 ILO report on child 
labor in The Bahamas "reflective of what is happening now." 
The ILO report noted 52 reports of children involved in the 
worst forms of child labor, including 35 involved in 
commercial sexual activity, 4 in slavery/bondage, 9 in 
illicit activities and 4 in hazardous activities. 
 
-In July 2005, the International Organization for Migration 
(IOM) issued an Exploratory Assessment of Trafficking in 
Persons in The Bahamas.  While careful to note small sample 
sizes and the difficulty in obtaining data, IOM concluded 
that trafficking existed in a Bahamian environment "fertile 
for facilitating the criminal activity of trafficking in 
persons."  Many persons interviewed by IOM believed that 
trafficking existed, and several felt the problem was 
widespread.  According to one witness:  "This is quite 
widespread.  Sometimes men in construction come here to work 
for months without any pay . . . Some women in sex work are 
beaten and cursed and open to disease." 
 
-In a conversation with Poloff in August 2005, IOM 
representative Ashley Garrett reiterated the large potential 
for trafficking in The Bahamas because of the vulnerable 
Haitian community.  She clarified that the July IOM report 
was based upon a standardized survey and scripted interview 
which did not inquire as to specific cases or estimate 
numbers of trafficked persons.  Ms. Garrett said that the 
interviews did support the possibility that trafficking 
exists in the Haitian community. 
 
-During a conversation in September 2005, a reliable source 
in the construction industry told Poloff:  "Abuse of Haitians 
in the labor force is commonplace.  Employers take the 
documentation of construction and household workers, and they 
have no choice but to work under any conditions or face the 
threat of deportation back to Haiti."  The owner mentioned 
one case in which sexual favors may have been demanded of a 
household worker under threat of deportation. 
 
-In separate conversations in October 2005 and January 2006, 
three local Haitians of unknown reliability told Poloff that 
they had heard of numerous cases where work permits and 
identity documentation were withheld by employers to force 
long hours or low pay under threat of deportation.  The 
persons were unwilling to provide more specific information 
citing threats of reprisal from immigration authorities and 
police.  The Haitian ambassador has confirmed that he has 
received reports of the withholding of documentation by 
employers. 
 
-In a February 2006 conversation with Poloff, a second 
reliable source in the construction industry told Poloff: 
"It is common practice for employers to hold the 
documentation of Haitian workers, and force work for less 
than the fair rate under threat of deportation." 
¶2.  (SBU) C: In practice, the Government's ability to respond 
to trafficking is limited by its procedures for reporting and 
monitoring trafficking.  The position of the Government of 
the Commonwealth of The Bahamas (GCOB) is, because it has 
received no official reports of trafficking, it is not a 
problem.  The Government has publicly suggested that reports 
of trafficking be made to the Department of Immigration. 
Because no protections exist for trafficking victims, 
trafficking is not clearly unlawful in The Bahamas, and law 
enforcement officials confuse trafficking with migrant 
smuggling, persons without legal status in The Bahamas are 
unlikely to report trafficking to Bahamian immigration 
officials.  According to reliable contacts within the 
vulnerable Haitian migrant communities, potential trafficking 
victims are unwilling to approach Bahamian immigration or law 
enforcement officials with concerns for fear of deportation. 
Police and immigration officials are not sufficiently trained 
to identify potential trafficking.  If these problems were 
overcome, corruption and capability of the local police and 
immigration officials would not be a limiting factor. 
 
¶3.  (SBU) D:  The GCOB does not systematically monitor 
anti-trafficking efforts or make available its assessments of 
those efforts. 
 
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PREVENTION 
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¶4.  (SBU)  A,B,G J: The GCOB maintains a position that 
trafficking is not an issue because of lack of formal 
trafficking complaints to the Department of Immigration or to 
law enforcement.  The GCOB does not monitor immigration and 
emigration patterns for signs of trafficking or screen for 
trafficking victims along borders.  There is no national plan 
to address trafficking in persons.  There are no government 
statistics regarding trafficking. 
 
¶5.  (SBU) C: The GCOB has conducted limited trafficking 
training for immigration officers, but it acknowledges 
continued confusion by officers between migration and 
trafficking. Some Royal Bahamas Defense Force (RBDF) officers 
have been sent to IOM/CIM/OAS training on identification of 
trafficking victims, but more awareness is needed.  GCOB has 
participated in a February 2006 trafficking awareness seminar 
with Poloff and members of the local community concerned 
about trafficking.  The GCOB also participates in an IOM 
grant program -- "Raising Awareness on Trafficking in Persons 
in the Carribean" -- and plans a 90 minute educational forum 
on trafficking.  If convinced that trafficking was an issue, 
the GCOB would be supportive of additional anti-trafficking 
efforts. 
 
¶6.  (SBU) D: The GCOB actively promotes women's rights and 
equal opportunity for employment in the public and private 
sectors.  Women are active in politics, and 4 of the 16 
Cabinet ministers, including the Deputy Prime Minister, are 
women.  Children are required to attend school until the age 
of 16, and generally do so.  These factors, and the relative 
wealth of the nation, serve to limit the amount of 
trafficking of Bahamians. 
 
¶7.  (U) H, F:  In 2005, the GCOB established a trafficking in 
persons committee, including the Director of Immigration, to 
improve trafficking awareness and to coordinate communication 
within government and with the international community.  This 
committee, and the GCOB in general, maintains a strong 
relationship with NGOs regarding trafficking.  According to 
IOM, the GCOB has been "highly cooperative" and "a strong 
ally" with IOM efforts on trafficking. 
 
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INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
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¶8.  (SBU) A-G:  The Bahamas does not have a law specifically 
prohibiting trafficking in persons, but one is being 
considered.  Under existing law, some traffickers could be 
prosecuted under Title X of the Statute Law which addresses 
sexual offenses, abduction, prostitution and domestic 
violence.  Under Chapter 99 of Title X, persons who attempt 
to procure an individual for the purposes of prostitution 
either in or out of the country by force, threats, 
intimidation or administering drugs is guilty of an offense 
and liable for imprisonment for eight years.  There are also 
provisions against forcibly detaining women and children. 
Penalties for rape and sexual assault range from a minimum of 
seven years to a maximum of life imprisonment.  The GCOB has 
prosecuted no cases against traffickers. The GCOB does not 
actively investigate cases of trafficking. 
 
¶9.  (SBU) H:   The GCOB does not regularly provide 
specialized training for government officials in how to 
recognize, investigate, or prosecute instances of 
trafficking.  Two GCOB representatives attended a two day IOM 
seminar on counter-trafficking strategies in March 2005.  The 
GCOB has also provided piecemeal training to some immigration 
and some RBDF officers regarding trafficking. 
 
10:  (SBU) I,J:  The GCOB has not been asked to cooperate in 
anti-trafficking cases, but is generally very cooperative 
with other governments in the investigation and prosecution 
of criminal matters, including the extradition of Bahamian 
nationals and other persons to the U.S. 
 
¶11.  (SBU) K,L:  During a February 2006 seminar to raise 
trafficking awareness, a Department of Immigration official 
acknowledged the risk of trafficking in cases of domestic 
servitude, specifically including the withholding of 
documentation of domestic workers.  The official noted:  "I 
myself may be a perpetrator here."  In follow-up conversation 
with Poloff regarding the comment, the official said: "Oh, I 
treat my Haitian well.  Heaven help us if we can't have our 
Haitians."  There are no other indications of government 
involvement in trafficking, or of any consequence to the 
immigration official involved in the February seminar. 
 
¶12.  (SBU) M:  The GCOB has not identified a child sex 
tourism problem. 
 
¶13.  (U)  N:  The GCOB has signed or ratified the following 
international instruments with regards to trafficking in 
persons: 
 
- Ratified ILO Convention 182 on the Worst Forms of Child 
Labor in June 2001 
- Ratified ILO Convention 105 on the Abolition of Forced 
Labor in June 1976 
- Neither signed nor ratified the Optional Protocol to the 
Convention on the Rights of Child (CRC) in the sale of 
children, child prostitution and child pornography.  The 
Bahamas has signed and ratified the Convention on the Rights 
of the Child. 
- Signed the Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, especially Women and Children, 
Supplementing the UN Convention Against Transnational 
Organized Crime in April 2001.  It has not been ratified. 
 
 
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PROTECTION AND ASSISTANCE TO VICTIMS 
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¶14.  (SBU) A-I: There are no laws, programs or funding in 
place to protect or assist victims, but two GCOB 
representatives attended a June IOM seminar on Developing 
Victim Assistance and Outreach Response.  The GCOB has 
indicated that the Bahamas Crisis Center could be used for 
the shelter and provision of services to trafficking victims. 
 There is no formal screening or referral processes in place 
to protect potential victims.  There are no NGOs working 
locally in the prevention or detection of trafficking in 
persons, but the IOM works regionally on these issues and 
enjoys a strong relationship with the GCOB.  The Red Cross, 
the Salvation Army and local church groups provide assistance 
to illegal migrants at the detention center and would be 
willing to assist trafficking victims. 
 
¶15.  (SBU)  The lack of formal protection, combined with GCOB 
practice to require reporting to the Department of 
Immigration, is likely a significant factor in the lack of 
reporting of suspected trafficking.  According to sources 
within the vulnerable Haitian community, potential victims 
are unwilling to risk deportation by making reports to the 
feared Department of Immigration -- the GCOB designated 
reporting agency for trafficking concerns. 
 
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CONTACT AND HOURS INFORMATION 
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¶16.  (U)  The Post point of contact for trafficking is 
Gregory Floyd, Pol/Econ Officer, (242)322-1181, fax 
(242)356-0222. This report was drafted in four hours by 
Pol/Econ Officer, FS-04.  Related investigation and contacts 
involved approximately 45 hours of work by Pol/Econ Officer, 
FS-04. 
HARDT