VZCZCXYZ5301
RR RUEHWEB

DE RUEHBH #0193/01 0641420
ZNR UUUUU ZZH
R 041420Z MAR 08
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC 5272
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHUB/USINT HAVANA 0560
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS NASSAU 000193 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/CAR JTILGHMAN, G/TIP BARBARA FLECK, G, INL, DRL, 
WHA/PPC 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG BF
SUBJECT: THE BAHAMAS -- EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) 
REPORT 
 
REF: STATE 2731 
 
¶1. (U) As requested in reftel, please find Post's responses to 
questions for the annual Trafficking in Persons Report. 
 
--------------------------------- 
Para 27 -- OVERVIEW OF ACTIVITIES 
--------------------------------- 
 
¶2. (SBU) A:  Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or children? 
 
There have been no new substantiated reports indicating that The 
Bahamas is a country of destination for trafficking in persons. 
Economic and social conditions conducive to labor trafficking do 
exist.  While the Bahamas' economic growth has slowed in 2007, the 
demand for foreign workers persists, especially in menial jobs or 
jobs not attractive to Bahamians.  Illegal immigration and human 
smuggling, especially from Haiti, continue to present major 
challenges to the Government of The Bahamas. 
 
Post has in the past received reliable reports indicating a labor 
trafficking problem.  Anecdotal evidence from NGO representatives, 
community activists, and media reports indicates that such cases 
occur, for example, in domestic service.  Government officials 
generally recognize the existence of this vulnerability, but 
question the scope and extent of the trafficking problem. 
 
Reports indicate that individual employers may exploit migrant 
workers, legal and illegal, who have traveled willingly and accepted 
offers of labor.  Exploitation happens by threat of deportation, 
express and implied, or if employment demands are not met.  Haitian 
migrants are at particular risk, though past cases include persons 
from other migrant groups.  It is not known whether organized 
smugglers work with employers to fill needs for workers. 
 
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 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." 
 
There have been no substantiated reports of The Bahamas as a country 
of origin or transit, or of trafficking for commercial sexual 
exploitation, child labor or other forms of serious trafficking.  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.  Hard evidence, though, is lacking. 
 
B:  Please provide a general overview of the trafficking situation 
in the country and any changes since the last TIP Report (e.g., 
changes in direction). 
 
The government, elected in May 2007, declared adherence to 
international standards on human trafficking a priority in June 2007 
and has made progress since at the cabinet level on amending 
existing legislation to conform to the Palermo Protocols to the 
Convention Against Transnational Organized Crime.  Comprehensive 
legislative reform is recognized as a need at the expert level.  The 
new government has 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..  The 
Immigration Department, which had taken the lead on trafficking 
issues in the past, has been subsumed under the Ministry of National 
Security (MNS), joining other law enforcement agencies including the 
police and military.  This organizational change encourages a 
broader law enforcement view of trafficking that moves beyond a more 
narrow immigration-focused approach. 
 
Human trafficking can now be discussed around the table jointly with 
police, military, immigration, and public prosecutors, for example 
in the Joint Task Force of Operation Bahamas, Turks and Caicos 
(OPBAT), where ICE/HSTC training was offered to a wide cross-section 
of agencies in December 2007.  Official awareness of trafficking as 
a form of trans-national crime, in addition to the usual 
preoccupations of drugs, migrants, and arms, has increased.  While 
the distinction between human smuggling and illegal immigration -- 
both major government concerns -- and trafficking as a 
victim-centered crime may still require explaining, it is now on the 
broader government agenda. 
 
C:  Which government agencies are involved in anti-trafficking 
efforts and which agency, if any, has the lead? 
 
An ad hoc governmental working group on trafficking includes the 
Ministry of Foreign Affairs (MFA), Immigration Department (MNS), 
Social Services and Women's Affairs (Ministry of Health and Social 
Development), and NGO representatives.  It meets periodically to 
address trafficking in an inter-agency setting, with the latest 
session occurring February 12, 2008.  Within this group in 
particular, the previous stress on immigration is shifting toward an 
emphasis on victim outreach.  There is now broad realization that 
victims of labor trafficking have no incentive whatsoever to 
complain to immigration authorities whose chief motivation is to 
expeditiously deport them. 
 
The MFA has emerged as the likely lead agency going forward, to 
replace the Immigration Department, due to resource constraints in 
the Ministry of Health and Social Development, which was also 
amalgamated from two previously separate ministries under the new 
government.  The MFA is charged with re-drafting anti-trafficking 
legislation, in cooperation with the Attorney General's office, in 
line with international commitments to fight trafficking. 
 
D:  What are limitations on the government's ability to address this 
problem in practice? 
 
The government's ability to address trafficking in practice is 
limited by 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 -- violent crime in 
particular.  Local immigration requirements also contribute to 
conditions conducive to labor exploitation. 
 
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 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, combine 
to create great disincentives for potential victims to complain to 
authorities, let alone seek assistance or repatriation. 
 
E:  To what extent does the government systematically monitor its 
anti-trafficking efforts? 
 
The government does not systematically monitor anti-trafficking 
efforts or produce assessments of those efforts.  Government 
agencies cooperate with IOM and local NGOs in anti-trafficking 
programs and workshops on an ad hoc basis. 
 
--------------------------------------------- ---------- 
Para 28 -- INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
--------------------------------------------- ---------- 
 
¶3. (SBU) A-B, D-H:  Legal Status, Penalties, and Prosecution:  The 
Bahamas does not have laws specifically prohibiting trafficking in 
persons.  The government is amending existing legislation and 
recognizes the need for comprehensive legislative reform in line 
with international commitments.  The government nominated staff in 
the Attorney General's Office to participate in an IOM program to 
develop model regional legislation in 2008.  Post has provided 
copies of anti-trafficking legislation from Jamaica to the MFA, 
Attorney General's Office, MNS, and other interested agencies for 
their review and consideration. 
 
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 by force, threats, intimidation or drugging is guilty 
of a crime subject to eight years imprisonment.  The law also 
contains provisions against the forcible detainment of women and 
children.  Sexual assault and rape are crimes with penalties of 7 
years to life. 
 
The Government has not prosecuted traffickers, had no occasion to 
cooperate on trafficking cases, and is not actively investigating 
cases of alleged trafficking due to a lack of formal complaints. 
 
C:  Punishment of Labor Trafficking Offenses:  There are no known 
statutes that specifically punish labor trafficking or provide 
punishment for labor recruiters.  There are no specific laws 
addressing employer confiscation of documentation, switching of 
contracts as part of labor trafficking or withholding of salary as 
part of trafficking.  There is a well-developed labor law that 
provides for minimum wages, maximum working hours, 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. 
 
I: Extradition:  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. 
 
J-K: Official government involvement:  There is no evidence of 
general government involvement in or tolerance of trafficking. 
Individual abuses may occur, however.  In November 2006, Poloff 
received a report 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. 
 
L:  Not applicable. 
 
M:  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, but has 
not ratified it. 
 
--------------------------------------------- -- 
Para 29 -- PROTECTION AND ASSISTANCE TO VICTIMS 
--------------------------------------------- -- 
 
¶4. (SBU) A-D:  Victim assistance, care, and support:  There are no 
laws, government programs, training, or funding in place to protect 
or assist trafficking victims.  Several local NGOs are willing to 
provide assistance and shelter to women and children victims, but 
express concerns over security.  In addition, the Bahamas Crisis 
Center, 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 Center 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. 
 
E:  Not applicable. 
 
F-G:  Victim rights:  There are no known trafficking victims or 
prosecutions. 
 
H:  There are no known protection programs for trafficking victims 
or witnesses.  Shelter or services are the same as those described 
in A-D above. 
 
I:  The government does not provide specialized training for 
government officials, but participated in IOM training and is 
willing to engage in USG anti-trafficking training programs on an 
inter-agency basis. 
 
J:  There are no known cases of Bahamian victims of trafficking. 
 
K:  Assistance available to victims of trafficking is the same as 
those described in A-D above. 
 
--------------------- 
Para 30 -- PREVENTION 
--------------------- 
 
¶5. (SBU) A: Does the government acknowledge that trafficking is a 
problem in the country? 
 
Yes.  The new government elected in May 2007 has affirmed its desire 
to meet international standards on trafficking and has made progress 
at the cabinet level on amending existing legislation.  It also 
recognized the need for future, comprehensive legislative reform. 
Internal reorganization and close cooperation with U.S. law 
enforcement agencies has encouraged a broader view of the 
trafficking problem in lieu of a narrow, immigration-focused 
approach. 
 
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 a trafficking, as opposed to an immigration 
problem, and react to it appropriately. 
 
B:  There have not been any government-run anti-trafficking 
information or education campaigns in 2007. 
 
C:  The government is responsive to civil society.  NGO 
representatives participate in the government's ad hoc working 
group, and government agencies cooperate with NGOs on 
awareness-raising and possible victim assistance efforts.  The 
government participates in regional anti-trafficking efforts with 
IOM and, according to IOM, both this and the previous government 
were highly cooperative and strong allies on anti-trafficking 
efforts.  The government is receptive to approaches by civil society 
or the U.S. to improve anti-trafficking efforts. 
 
D:  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. 
 
There is 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 Attorney General 
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. 
 
E:  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.  It does not meet regularly, however, and did 
not have significant output during the reporting period.  Whereas 
the Immigration Department was the lead agency in the past, the MFA 
has increasingly taken over the inter-governmental coordinating 
role.  Trafficking issues can also be raised in our bi-annual 
Counter-narcotics and Immigration Joint Task Force, as for example 
in December 2007.  There is no public corruption task force. 
 
F:  The Government does not have a national plan to address 
trafficking in persons. 
 
G:  Post is not aware that the government undertook specific 
measures to reduce the demand for commercial sex. 
 
H-I:  Not applicable. 
 
------- 
COMMENT 
------- 
 
¶6. (SBU) Evidence of human trafficking in The Bahamas arises 
primarily from the conditions obtaining in the labor market for 
low-skilled migrants.  Determining the number of trafficking victims 
remains a challenge, however, as 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 below the 100-case threshold.  In light of this, and 
positive organizational and political developments under the current 
government, including broad recognition of the existing 
vulnerability, a willingness to adjust inter-agency emphasis and 
approaches, political commitment to and progress in amending current 
legislation, and receptivity to further training across relevant 
agencies, Post recommends that The Bahamas maintain its "special 
mention" status in the Eighth Annual Trafficking in Persons Report. 
 
HARDT