VZCZCXYZ0000
RR RUEHWEB

DE RUEHMK #0144/01 0700515
ZNR UUUUU ZZH
R 100515Z MAR 08
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC 7651
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0182
RUEHAE/AMEMBASSY ASMARA 0034
RUEHBK/AMEMBASSY BANGKOK 0314
RUEHKA/AMEMBASSY DHAKA 0187
RUEHHI/AMEMBASSY HANOI 0016
RUEHIL/AMEMBASSY ISLAMABAD 0821
RUEHJA/AMEMBASSY JAKARTA 0079
RUEHKT/AMEMBASSY KATHMANDU 0180
RUEHNE/AMEMBASSY NEW DELHI 0419
RUEHRB/AMEMBASSY RABAT 1019
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS MANAMA 000144 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR G/TIP, G, INL, DRL, PRM, AND NEA/RA 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BA
SUBJECT: POST INPUT FOR TRAFFICKING IN PERSONS REPORT 
 
REF: STATE 2731 
 
¶1.   (SBU) Bahrain continues to struggle with trafficking in 
persons, but has taken some positive steps during the past 
year.  The King signed into law new anti-trafficking 
legislation that carries stiff penalties.  Prosecutors and 
police officers have received training on identification and 
protection of trafficked victims, and attempted to apply that 
training when dealing with high-threat populations.  The new 
Labor Management Regulatory Authority began implementing 
labor reforms aimed at decreasing the demand for migrant 
labor, a step that would benefit migrant laborers who remain 
in country as well as poor, disenfranchised Bahrainis.  In 
Embassy Manama's view, keeping Bahrain on Tier 3 would amount 
to the USG failing to recognize that Bahrain has taken some 
significant steps toward eliminating trafficking.  Moving 
Bahrain to Tier 2-Watchlist could provide a boost to 
anti-trafficking elements in the GOB and in civil society, 
and send the message that Bahrain can benefit by moving in 
the right direction.  T 
hat said, there remains much work left to do. 
 
¶2.  (U)  Post's point of contact for Trafficking in Persons 
is PolOff Steve Jacob,  973.1724.2834 / 202.448.5131, ext 
2834, fax  973.1727.3011.  The preparation of the TIP report 
cable required an FS-05 to work 45 hours.  The responses 
below are keyed to reftel queries: 
 
¶3.  (SBU)  REFTEL Question 27 - Overview of host country's 
efforts to eliminate trafficking in persons. 
 
--A.  (SBU) Bahrain is a destination country for 
internationally trafficked men and women.  Most male victims 
are trafficked to Bahrain as construction labor and 
occasionally as domestic labor.  Most female victims are 
trafficked to Bahrain as domestic or hospitality labor 
(including for hotels and restaurants), and, occasionally, as 
field labor.  There have been no reports of children being 
trafficked.  There are no reports of trafficking occurring 
within the country's borders, and there is no national 
territory outside of the government's control.  Post has 
requested trafficking statistics from the government, 
including Ministry of Foreign Affairs, Ministry of Justice 
and Islamic Affairs, Public Prosecution, Ministry of 
Interior, General Directorate of Nationality, Passports, and 
Residence, Ministry of Social Development, Ministry of Labor 
and the Labor Market Regulatory Authority.  By the March 1 
deadline, we had not received responses to all 150 questions 
posed reftel; post will transmit an update when th 
ese replies are received.  Other sources of information post 
drew on include the press, International Organization for 
Migration, and Migrant Workers Protection Society.  The 
Migrant Workers Protection Society, while the organization 
closest to the trafficked population, maintains no case 
records or statistics.  Foreign embassy sources provide 
useful information, but due to limited resources their 
reports are almost all anecdotes about individual cases. 
There are approximately 517,000 expatriates in Bahrain. 
Indian nationals comprise the largest single group of 
laborers, and by extension the largest potential group of 
victims.  Since the labor laws do not cover domestic labor, 
female domestic workers of all nationalities are the most at 
risk of trafficking. 
 
--B.  (SBU) The GOB has taken several steps to combat 
trafficking over the last year.  The most significant step 
was the enactment a comprehensive anti-trafficking in persons 
law on January 9, 2008.  This law defines trafficking, 
prescribes specific penalties for violations, and grants 
authority for an intragovernmental committee to oversee the 
welfare of victims.  In addition, the Ministry of Interior 
created a specialized unit to investigate trafficking cases. 
Nonetheless, some victims continue to suffer from contract 
substitution and debt bondage as they enter squalid living 
conditions, where they sometimes work long hours for minimal 
pay.  Primary source countries continued to be India, 
Pakistan, Nepal, Sri Lanka, Bangladesh, Indonesia, Thailand, 
and the Philippines.  To a lesser extent, Ethiopia, Eritrea, 
Morocco, and countries of the former Soviet Union were also 
source countries.  The primary traffickers are employment 
recruitment agencies in both Bahrain and the sending 
countries.  Some victims descr 
ibed recruitment agents approaching them in their home 
countries with offers of desirable and lucrative employment 
in Bahrain.  Upon arrival, these people faced poor salaries, 
long hours, squalid living conditions, and heavy debts to 
employers and the recruitment agencies. 
 
--C.  (SBU) The Ministry of Foreign Affairs chairs an 
interagency anti-trafficking in persons committee.  The 
Ministries of Labor, Interior, Justice and Islamic Affairs, 
Social Development, and Health, as well as the Labor Market 
Regulatory Authority (LMRA), Central Informatics Organization 
(CIO), General Directorate for Nationality, Passports, and 
Residence (GDNPR) participate.  In November, 2007, the 
Ministry of Interior formed a special unit to investigate 
trafficking cases, and in particular, forced prostitution and 
sex trafficking. 
 
--D.  (SBU) Legal barriers were removed on January 9 when the 
anti-TIP law entered into force.  In post's assessment there 
are no resource barriers to the GOB's efforts to combat TIP. 
It is unclear what role corruption may play in dampening 
political will to combat trafficking.  Though post has no 
evidence of corruption, many observers believe that 
influential Bahraini figures benefit from trafficking and use 
their connections to avoid enforcement efforts. 
 
--E.  (SBU) The inter-ministerial task force continues to 
meet to monitor and assess GOB progress on different fronts, 
however it rarely made available its progress reporting.  The 
Labor Management Regulatory Agency and the Ministry of Labor 
have made continual efforts to monitor and publish the number 
of laborers in country, however, no other organizations do so. 
 
¶4. (SBU) REFTEL Question 28 - Investigation and prosecution 
of traffickers. 
 
--A.  (SBU) On January 9, 2008, Bahrain enacted law number 1 
of 2008 with respect to trafficking in persons.  The law 
specifically prohibits trafficking in persons for sexual and 
non-sexual purposes.  The law defines trafficking in persons 
as "the recruitment, transportation, transfer, harboring, or 
receiving persons, by means of threat or the use of force or 
other forms of coercion, abduction, fraud, deceit, abuse of 
power or of position or any other direct or indirect unlawful 
means."  Prior to January 9, trafficking cases were 
prosecuted under laws pertaining to forced labor, 
unjustifiable withholding of salary, unlawful holding of an 
employee's passport, assault, and forced prostitution. 
 
--B.  (SBU) The new law does not differentiate between 
purposes of trafficking; however trafficking of women, or 
persons under the age of 15 are considered aggravating 
circumstances, as is te transmission of an incurable 
disease.  Under te law, any individual convicted of any form 
of tafficking faces a prison sentence of not less thanthree 
years and not more than 15 years, in additon to a fine of 
not less than BD 2,000 (approximaely USD 4,530) and not more 
than BD 10,000 (apprximately USD 22,650).  Sentencing under 
aggravating circumstances is doubled, and increases the 
maximum prison sentence to life.  Each corporate person 
convicted of trafficking in the name of, on behalf of, or to 
the benefit of the chairman, a member of the board of 
directors, or any other corporate official acting in their 
corporate capacity faces a fine of not less than BD 10,000 
(approximately USD 22,650) and not more than BD 100,000 
(approximately USD 226,500), in addition to the cost of 
repatriating the victim to their home c 
ountry.  The GOB did not provide data on sex traffickers, or 
victims of trafficking by the March 1 deadline.  According to 
press reports, the Lower Criminal Court convicted two 
Bahrainis and an Iraqi on charges of coercing into 
prostitution several dancers at a Manama hotel through the 
use of threats and intimidation.  All three men received 
two-year prison sentences. 
 
--C.  (SBU) The new law does not differentiate between 
purposes of trafficking.  Under the law, any individual 
convicted of any form of trafficking faces a prison sentence 
of not less than three years and not more than 15 years, in 
addition to a fine of not less than BD 2,000 (approximately 
USD 4,530) and not more than BD 10,000 (approximately USD 
22,650).  Each corporate person convicted of trafficking in 
the name of, on behalf of, or to the benefit of the chairman, 
a member of the board of directors, or any other corporate 
official acting in their corporate capacity faces a fine of 
not less than BD 10,000 (approximately USD 22,650) and not 
more than BD 100,000 (approximately USD 226,500), in addition 
to the cost of repatriating the victim to their home country. 
Employers found guilty of imposing forced labor on employees 
are subject to imprisonment of up to ten years and/or a fine. 
 Court cases against employers were rare because plaintiffs 
often could not afford legal representation and were 
frequently bar 
red from other employment.  The GOB did not provide data by 
the March 1 deadline on persons convicted of confiscating 
workers' passports or travel documents, switching contracts 
without workers' consent, or withholding payment of salaries 
as a means of keeping the worker in a state of service. 
 
--C (cont).  (SBU) On January 1, new foreign labor 
regulations took effect for government organizations.  The 
regulations are scheduled to take effect for the private 
sector on July 1, and for domestic workers in early 2009. 
Previously, the Ministry of Labor issued blank work permits 
to every registered corporation.  These permits, which did 
not identify a specific laborer, prohibited the employee from 
seeking other employment without the employer's permission. 
Under the new regulations, the Ministry of Labor does not 
issue blank permits to employers, but works with the 
employer, the job seeker, and other government agencies to 
issue a work visa prior to the employee's arrival in country. 
 Upon arrival, the LMRA registers the employee's biographic 
data to prevent abuse or transfer of the visa.  The work visa 
is transferable to a new employer.  In addition, the LMRA 
charges employers a monthly fee of BD 10 (USD 26.50) for each 
expatriate laborer in order to ensure continual reporting of 
expatriate labor and 
to reduce the demand for expatriate labor.  According to LMRA 
rules, this fee should not be passed down to the laborer.  As 
of February 11, 75 inspectors had been hired and had begun 
visiting employers to ensure compliance. 
 
--D.  (U) 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.  The penalties under the new 
trafficking law are more stringent, entailing both a fine and 
a prison sentence of between three and 15 years. 
 
--E.  (SBU) Current law criminalizes both prostitution and 
solicitation of prostitution.  The activities of procurers of 
prostitutes, such as pimps or brothel operators, are also 
criminalized.  Public Prosecution reported that the number of 
prostitutes jailed cannot be determined because in some cases 
the prostitutes are considered victims.  Nonetheless, Public 
Prosecution received 122 prostitution cases.   Sentences for 
individuals who "encouraged the practice of prostitution" 
varied between ten days and two years in prison.  Sentences 
for those who "managed an establishment for the practice of 
prostitution," ranged from three months to three years in 
prison. 
--F.  (SBU) The GOB had not responded by March 1 to post's 
request for statistics pertaining to convictions on 
trafficking related offenses during the reporting period.  In 
calendar year 2007, the Ministry of Labor transferred 821 
labor cases against sponsors to the Public Prosecution for 
investigation and trial, however, no further information is 
presently available to post. 
 
--G.  (SBU) The GOB included a module devoted to trafficking 
in the eight-week training course on international law given 
to newly-appointed public prosecutors.  The GOB has 
encouraged its officials to participate in trafficking 
related programs on how to recognize, investigate, and 
prosecute instances of trafficking.  In October, the 
International Organization for Migration (IOM) conducted a 
follow-up survey on the training it conducted, using USG 
funds, with the GOB.  To date, post has not received the IOM 
report.  In cooperation with several GOB ministries, IOM 
initiated a new capacity-building program that will, among 
other things, enable the GOB to monitor trafficking cases on 
its own. 
 
--H.  (SBU) The Ministry of Foreign Affairs has asked the 
embassies of sending countries to inform it of any efforts 
they make to contact sponsors or mediate disputes between 
expatriate workers and their employers.  The MFA, GDNPR, 
Ministry of Justice and Islamic Affairs, and the Public 
Prosecution office work with the Migrant Workers Protection 
Society and the embassies of some sending countries to 
facilitate mediation of labor disputes. 
 
--I.  (SBU) 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. 
 
--J.  (SBU) There is no evidence available to post of 
official government involvement in or tolerance of 
trafficking.  However, in activist and expat labor circles 
there are widespread rumors of unnamed officials providing 
Bahrainis with authorization to sponsor more expatriate 
workers than they could reasonably employ.  Expatriate 
laborers also report rumors that unnamed government officials 
in their private capacities, like some other wealthy 
Bahrainis, have withheld domestic employees' passports and 
salaries.  Some reportedly engaged in the illegal practice of 
"selling" a visa to a worker for fees exceeding 1000 dinars 
($2650).  This practice, referred to as "casual labor," 
allowed the worker who purchased the visa to seek employment 
illegally on the open market.  Employers who hired these 
workers were subject to fines if caught.  However, because 
they could hire these workers for less than workers hired 
through recruitment agencies, some reportedly accepted the 
risk.  The Ministry of Labor's system of acc 
ountability required that if a laborer left his/her sponsor, 
the sponsor was required to report the laborer as a "runaway" 
and to pay a 100 dinar ($265) deposit, refundable upon 
repatriation of the worker.  Reportedly, after a "casual" 
worker's two year work permit validity expired, the worker 
would go back to the original sponsor to "renew" his work 
permit by "buying" the visa again from the sponsor for a 
similar sum. 
 
--K.  (U) No government officials have been prosecuted for 
involvement in trafficking or trafficking-related corruption. 
 
--L.  (U) Bahrain does not contribute troops to international 
peacekeeping efforts. 
 
--M.  (U)Bahrain does not have an identified child sex 
tourism problem. 
 
¶5. (SBU) REFTEL Question 29 - Protection and assistance to 
 
victims. 
 
--A.  (SBU)The government opened a shelter for women in 2006. 
 Between April 1, 2007 and February 1, 2008, the shelter 
provided legal services for 45 expatriate women for a variety 
of causes, the majority of which were beatings.  In July, two 
women, one Ukrainian and one Russian, approached the shelter 
seeking repatriation and relief from trafficking, which the 
shelter provided.  Between August 1, 2007, and January 31, 
2008, the government granted an amnesty for all illegal 
laborers, whereby they could legalize their status in Bahrain 
or return to their home country without having to pay fines 
normally levied for visa overstays.  According to the LMRA 
website, at the end of the amnesty, 12,897 workers returned 
to their home countries, while 43,445 chose to remain in 
country either by transferring their visa to a new employer 
(29,804) or renewing an expired visa (13,641).  The press 
reported slightly higher figures.  MWPS volunteers told 
poloff that during the amnesty, in two cases, they saw 
sponsors go to the 
 queue in front of the GDNPR office, locate "their" runaway 
workers, and physically prevent them from registering for the 
amnesty.    MWPS and the media reported that some employers 
did not grant their employees time off to register. 
 
--B.  (SBU) There are several shelters for trafficking 
victims, especially women.  There are no reports of internal 
trafficking.  The government runs its own large shelter that 
provides services for victims of trafficking victims and of 
domestic abuse.  The MWPS maintains a small shelter for 
women, and many of the sending countries maintain shelters 
for their nationals.  The government shelter, financed by the 
Ministry of Social Development, reported providing legal 
services to 45 expatriate women.  The government shelter 
reportedly referred some victims to the hospital for medical 
treatment, and to a social worker for psychological services. 
 Post was unable to obtain statistics from the embassies or 
from the MWPS shelter.  The MWPS shelter relies upon 
community donations for its operation. 
 
--C.  (SBU) Although it permits NGOs that serve migrant 
workers to operate freely in Bahrain, the GOB does not 
provide funding or other forms of support to foreign or 
domestic NGOs for services to trafficking victims. 
 
--D.  (SBU) A short module on trafficking is included in the 
initial training for prosecutors and police officers. 
According to the Public Prosecution office, police officers 
attempt to identify prostitutes as victims.  In most cases 
victims were given temporary shelter by the police, or taken 
to the MWPS shelter while the case underwent a preliminary 
investigation.  In cases of physical, sexual, or 
psychological abuse, the police referred the case to the 
government-run shelter.  In cases where there was an 
indication of misconduct on the part of the expatriate 
worker, the worker was held in detention before being 
deported.  The government did not provide statistics on 
numbers of victims to post before the reporting deadline of 
March 1. 
 
--E.  (U) Bahrain does not have legalized prostitution. 
 
--F.  (SBU) Trafficking victims were not fined or imprisoned 
unless they were found guilty of an immigration violation or 
suspected of a crime such as theft or prostitution.   Workers 
who were no longer employed by their sponsor, but who pursued 
work illegally as "casual" laborers, were detained while 
being processed for deportation.  According to the Ministry 
of Labor, it did not normally detain workers longer than 48 
hours, but detention lengths reportedly varied.  According to 
MWPS, workers who left their employers were frequently 
charged with running away, and imprisoned for two weeks for 
being deported. 
 
--G.  (SBU) The GOB does not actively discourage workers from 
pursuing legal action against employers.  The GOB reportedly 
facilitates contact with lawyers, but NGOs report that 
workers rarely have the money to hire quality attorneys. 
Immigration officials often adjust residence and sponsorship 
requirements to enable expatriate victims to work for 
employers other than their sponsors so that they may support 
themselves during the legal process.  MWPS representatives 
reported that it no longer encouraged victims of abuse to 
seek restitution through the court system due to the length 
of court cases.  MWPS has experienced higher levels of 
success working in conjunction with source country embassy 
staffs to negotiate settlements with sponsors.  Such 
settlements often included back-payments of salary, repayment 
of recruiting fees, release of passports and/or sponsorship, 
and repatriation. 
 
--H.  (U) Reference paragraph 4B. 
 
--I.  (SBU) Prosecutors and police officers undergo a 
training module on trafficking as part of their initial 
training.  Post is not aware of any further special training. 
 The GOB had not responded to all reftel questions before the 
March 1 reporting deadline. 
 
--J.  (U) Post is unaware of any Bahraini nationals that are 
victims of trafficking. 
 
--K.  (SBU) The International Organization for Migration 
occasionally works with trafficking victims in Bahrain, 
however most of its work has been to provide training, 
capacity building, and awareness campaigns.  In this 
capacity, the GOB has offered to provide training space, 
conference space, and support design and printing of 
awareness materials.  Neither the GOB nor IOM provided any 
additional information to post regarding this question by the 
March 1 deadline. 
 
¶6.  (SBU) REFTEL question 30 - Prevention. 
 
--A.  (SBU) The GOB acknowledges that trafficking is a 
problem in the country, and a senior Foreign Ministry 
official presented a speech at the Vienna Forum to Fight 
Human Trafficking in February, 2008, outlining Bahrain's 
efforts to combat trafficking. 
 
--B.  (U) The Labor Management Regulatory Authority has 
initiated an education campaign for both employers and 
incoming labor.  The campaign focuses on how employers and 
employees can ensure the legality of their employment on the 
LMRA website.  On May 29, 2007, the Ministry of Social 
Development and the Ministry of Foreign Affairs, in 
cooperation with IOM, organized a symposium entitled, 
"Trafficking in Persons: A Global and Local Perspective." 
 
--C.  (SBU) There was some official coordination between the 
GOB and civil society concerning trafficking.  At the GOB's 
request, the director of a non-governmental domestic violence 
center initially managed the government shelter; however, she 
withdrew from its management shortly after it opened.  The 
GOB has since attempted to recruit other NGOs to run the 
shelter; none have accepted the offer for a variety of 
reasons.  The MWPS has developed an adequate network to 
assist victims.  The Ministry of Interior occasionally 
contacted the MWPS when the police identified victims needing 
assistance.  Embassies also contacted MWPS for assistance 
with victims.  The MWPS received no direct GOB funding, 
although some Bahraini officials have contributed to the 
group on an individual basis in connection with its annual 
fundraising dinner. 
 
--D.  (SBU) Under the new LMRA regulations, immigrant workers 
are screened and biometrically registered upon entry into 
Bahrain. 
 
--E.  (SBU) The inter-ministerial task force 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, and 
by an NGO, the Bahrain Transparency Society.  In addition, 
the new LMRA regulations require cooperation between various 
internal agencies, including the Ministries of Labor, 
Interior, and Foreign Affairs, the GDNPR, and the Central 
Infomatics Organization before a work visa can be issued. 
 
--F.  (SBU) The GOB had not responded to post's query by the 
March 1 deadline.  As post reported last year, 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. 
 
¶7. (U) REFTEL Question 31 - Heroes. 
 
--A. (U) Post recommends Marietta Dias and the Migrant 
Workers Protection Society as a trafficking Hero.  The 
Migrant Workers Protection Society is comprised of 38 
volunteer members, almost entirely expatriates.  The MWPS 
maintains a small shelter for trafficking victims, and works 
hard to get the press to publish victims' stories and raise 
awareness of their plight.  MWPS is sure to attend any 
function where migrant labor is the focus of discussion.  It 
assists laborers in court, facilitates mediation between 
workers and their sponsors, and educates workers about their 
rights in Bahrain.  It also works with employers to improve 
working conditions for migrant laborers. 
 
--B. (U) As the head of its action committee Marietta Dias is 
the face of the MWPS.  Ms. Dias, an Indian retiree with no 
formal training in social work or counseling, works 
tirelessly to care for migrant laborers from any country. 
Ms. Dias coordinates her work with embassies, GOB agencies, 
and welfare groups to seek justice or repatriation for 
workers.  She has worked with many international NGOs to 
learn more and better ways of improving the treatment of 
migrant laborers, as well as to increase international 
awareness of Bahrain's migrant labor force. 
 
¶8.  (U) REFTEL question 32 - Best practices.  Post believes 
that the combination of the new trafficking law and the new 
LMRA system for issuing work visas provide a legal framework 
conducive to discouraging trafficking and reducing the demand 
for migrant labor.  LMRA officials admit that its system of 
biometric controls and increased fees for work visas is aimed 
at reducing Bahrain's reliance on expatriate labor and 
encouraging employers to hire Bahraini employees.  This 
reduction in demand, in combination with stiff penalties on 
traffickers, could reduce the incidence of trafficking. 
 
********************************************* ******** 
Visit Embassy Manama's Classified Website: 
http://www.state.sgov.gov/p/nea/manama/ 
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ERELI