VZCZCXRO2562
RR RUEHGR
DE RUEHBH #0099/01 0442054
ZNR UUUUU ZZH
R 132054Z FEB 09
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC 6123
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHUB/USINT HAVANA 0623
RUEATRS/DEPT OF TREASURY WASH DC
RUEHC/DEPT OF LABOR WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 06 NASSAU 000099 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/CAR ACADIEUX, G/TIP SKRONENBURG, G, INL, DRL, WHA/PPC 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG BF
SUBJECT: THE BAHAMAS -- NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) 
REPORT 
 
REF: 08 STATE 132759; STATE 5577 
 
¶1. (U) As requested in ref A, please find Post's responses to 
questions for the annual Trafficking in Persons Report. 
 
-------------------------------------- 
Para 23 -- THE COUNTRY'S TIP SITUATION 
-------------------------------------- 
 
¶2. (SBU) A.  What are the sources of available information on 
trafficking in persons (etc.)? 
 
Government officials, NGO representatives, journalists, individual 
activists with a knowledge of or interest in the relevant issues, as 
well as Embassy staff, provide information on possible trafficking 
cases.  The reliability of such sources varies, but is generally 
limited to anecdotal, often second-hand reports.  EmbOffs 
occasionally are made aware of suspicious cases, allowing for better 
substantiation, though these cases may not be reported to government 
authorities for various reasons.  Due to the limited nature of 
sources, there is no reliable information on trafficking trends. 
 
Past research reports by international groups, such as IOM, remain 
authoritative in the absence of reliable new data or field research 
on cases and trends.  There are no known plans for the government or 
local NGOs to conduct further documentation of human trafficking, 
partly out of expressed fear of intruding into criminal areas more 
appropriate for law enforcement investigation.  In the future, as 
comprehensive anti-trafficking legislation passed in November 2008 
comes into force and is implemented, law enforcement agencies may be 
the best source of such information.  Current information is very 
limited, however. 
 
B-E:  Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or children 
(etc.)? 
 
There have been credible, though in some cases unsubstantiated 
reports indicating that The Bahamas is a country of destination for 
trafficking in persons.  Economic and social conditions conducive to 
labor trafficking exist, whether internationally or within the 
country, e.g. after legal workers or smuggled economic migrants fall 
into trafficking situations at the hands of unscrupulous employers. 
While The Bahamas' economic growth has slowed sharply in 2008, the 
supply of relatively cheap foreign workers persists, especially for 
menial jobs or jobs not attractive to Bahamians.  Even amidst the 
global economic downturn, illegal immigration and human smuggling, 
especially from storm-ravaged Haiti, continue to present major 
challenges to the Government of The Bahamas. 
 
Post has received reliable reports in the past year and previously 
indicating that the labor trafficking problem persists.  Anecdotal 
evidence from NGO representatives, community activists, government 
officials, and media reports indicates that such cases continue to 
occur.  Responsible government officials generally recognize the 
existence of this vulnerability, but some may question the scope and 
extent of the trafficking problem. 
 
Reports indicate that individual employers may exploit migrant or 
temporary workers, legal and illegal, who have traveled willingly 
and accepted offers of labor, whether by changing the terms of 
contracts, withholding travel documents, refusing transportation 
back home, or otherwise subjecting workers to express or implied 
coercion.  Exploitation may happen by threat of deportation, express 
or implied, or if old or new employment demands are not met. 
Haitian migrants are at particular risk, though known cases include 
persons from other Caribbean migrant groups and persons from 
countries not normally suspected of being source countries for 
trafficking victims.  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 
 
NASSAU 00000099  002 OF 006 
 
 
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." 
 
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.  Media and other reports in 2008 pointed to cases of 
foreign women, such as Jamaicans, being lured into prostitution in 
The Bahamas under false pretenses. Hard evidence, though, is still 
lacking as those affected are quickly deported or leave the country 
of their own accord. 
 
Details about the identity or methods of potential traffickers are 
not known in most cases, although it is fair to assume, from 
available information and limited documentation, that the promise of 
legitimate jobs in the tourism or entertainment sectors are used to 
lure migrants, who may subsequently fall into trafficking 
situations. 
 
--------------------------------- 
Para 24 - SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
--------------------------------- 
 
A-B:  Does the government acknowledge that trafficking is a problem 
in the country (etc.)? 
 
Yes. The government, elected in May 2007, declared adherence to 
international standards on human trafficking a priority in June 2007 
and has passed comprehensive anti-trafficking legislation and 
ratified the Palermo Protocols to the Convention Against 
Transnational Organized Crime.  The new government 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, and made some progress in this regard.  The minister 
responsible for immigration appointed in a July 2008 cabinet 
reorganization personally flew to an outlying island in early 2009 
to preside over the granting of citizenship to a number of longtime 
Haitian residents.  Successive internal reorganizations and 
continuing close cooperation with U.S. law enforcement agencies has 
encouraged a broader view of the trafficking problem in lieu of the 
narrow, immigration-focused approach which obtained in past years. 
 
 
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.  But there have been 
significant attitude shifts. 
 
The Immigration Department, which had taken the lead on trafficking 
issues up to that point, was shifted in May 2007 to the Ministry of 
National Security (MNS), joining other law enforcement agencies 
including the police and military.  In July 2008, the portfolio was 
placed under the Deputy Prime Minister and Ministry of Foreign 
Affairs, under a new, energetic minister who quickly introduced 
major personnel changes in a bid for increased efficiency and public 
service.  The 2007 organizational change encouraged a broader law 
enforcement view of trafficking that moved beyond the narrow 
immigration-focused approach.  The 2008 restructuring completely 
removed old-guard officials who were seen to have minimized the 
trafficking issue in the past and even, for a time, blocked GCOB 
progress on addressing the problem through bureaucratic inertia. 
 
Human trafficking was discussed around the table jointly with 
police, military, immigration, and public prosecutors in 2007-08, 
for example in the Joint Task Force of Operation Bahamas, Turks and 
Caicos (OPBAT).   In addition, ICE/HSTC training offered to a wide 
cross-section of agencies in December 2007 was implemented in April 
2008, with the participation of six different GCOB agencies, 
including police, military, prosecutors, and social services, and 
NGO representatives.  USG actors plan to conduct further training 
based on the positive feedback and passage of new legislation. 
 
Official awareness of trafficking as a form of trans-national crime, 
in addition to the usual preoccupations of drugs, migrants, and 
arms, has greatly increased.  The adoption of comprehensive 
 
NASSAU 00000099  003 OF 006 
 
 
legislation now provides a framework for future efforts in 
investigation, prosecution, and victim protection in keeping with 
international standards.  While the distinction between human 
smuggling and illegal immigration -- both major government 
challenges -- and trafficking as a victim-centered crime may still 
require explaining, it is now firmly on the broader government 
agenda. 
 
An ad hoc governmental working group on trafficking included the 
Ministry of Foreign Affairs (MFA), Immigration Department (now under 
the MFA), Social Services and Women's Affairs (Ministry of Labour 
and Social Development), and NGO representatives.  It met 
periodically to address trafficking in an inter-agency setting. 
Within this group in particular, the previous stress on immigration 
enforcement has shifted completely toward an emphasis on victim 
outreach and punishment of perpetrators. 
 
The Department of Social Services has emerged as the likely lead 
agency going forward. 
 
C:  What are limitations on the government's ability to address this 
problem in practice (etc.)? 
 
The government's ability to address trafficking in practice is 
limited by financial, 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, including 
counter-narcotics, countering migrant smuggling, stopping illegal 
weapons flows, and reducing violent crime in general.  With the 
adoption of anti-trafficking legislation in line with international 
commitments, the emphasis will inevitably shift to investigation and 
prosecution, involving a much greater level of inter-agency 
cooperation than the GCOB may be functionally, if not politically 
ready to deploy. 
 
Local immigration requirements also contribute to conditions 
conducive to labor exploitation.  These conditions are unlikely to 
change given the downturn in the economy and the renewed focus on 
immigration enforcement as a disincentive for continuing illegal 
immigration, from Haiti in particular. 
 
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 increasingly 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, 
especially storm-devastated Haiti, combine to create great 
disincentives for potential victims to complain to authorities, let 
alone seek assistance or repatriation.  It is not clear that the 
passage of comprehensive anti-TIP legislation will have any impact 
on this reality. 
 
D:  To what extent does the government systematically monitor its 
anti-trafficking efforts (etc.)? 
 
The government does not systematically monitor anti-trafficking 
efforts or produce assessments of those efforts.  Government 
agencies cooperate with IOM, local NGOs, and the USG in 
anti-trafficking programs and workshops on an ad hoc basis.  It is 
too early to tell how new legislation will impact monitoring 
efforts. 
 
 
NASSAU 00000099  004 OF 006 
 
 
--------------------------------------------- ---------- 
Para 25 -- INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
--------------------------------------------- ---------- 
 
¶3. (SBU) A-G, K:  Legal Status, Penalties, and Prosecution: 
On November 26, 2008, parliament passed comprehensive legislation 
specifically addressing trafficking in persons, whether for labor or 
sexual exploitation, for the first time (text of the law provided to 
G/TIP under separate cover for expert analysis). The maximum penalty 
for trafficking in persons is life imprisonment. 
The maximum penalty for a first-time rape offender is seven years' 
imprisonment, and in the case of a second or subsequent conviction, 
the penalty is 14 years' imprisonment. On November 26, 2008 
parliament passed legislation increasing the maximum penalty to life 
imprisonment. 
 
Under existing law still in force at the time of writing of this 
report, 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 imprisonment. 
 
Apart from the new anti-TIP law, there are no known statutes that 
specifically punish labor trafficking or provide punishment for 
labor recruiters.  Neither are there specific laws addressing 
employer confiscation of documentation, switching of contracts as 
part of labor trafficking or withholding of salary as part of 
trafficking.  All such situations are apparently covered under the 
new TIP law (text of the law provided to G/TIP under separate cover 
for expert analysis). 
 
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. 
 
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, in 
addition to lacking specific anti-TIP legislation for much of the 
reporting period.  Nor is the government cooperating with other 
governments to investigate or prosecute trafficking cases.  The GCOB 
is, however, cooperating actively with the USG in a multi-agency 
context with respect to anti-smuggling efforts, which provides a 
useful and practical template and platform for future cooperation in 
anti-trafficking cases. 
 
The government does not provide specialized training for government 
officials, but participated in an IOM regional seminar on 
legislation, in a USG anti-trafficking training program aimed at law 
enforcement, and in anti-child trafficking trainings conducted by 
IOM.  The Attorney General sent representatives to work on regional 
model legislation, six government agencies attended ICE/HSTC 
training, including the Attorney General's Office, and multiple GCOB 
and NGO representatives attended IOM's anti-child trafficking 
trainings on two occasions.  USG actors plan to conduct further law 
enforcement training based on the positive feedback and passage of 
new legislation. 
 
H: 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. 
 
I-J: Official government involvement:  There is no evidence of 
general government involvement in or tolerance of trafficking. 
Quite the contrary, the internal restructuring and passage of 
legislation indicates that the government has turned a new page in 
anti-TIP efforts.  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 
 
NASSAU 00000099  005 OF 006 
 
 
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, and 
ratified it on September 26, 2008. 
 
--------------------------------------------- -- 
Para 26 -- PROTECTION AND ASSISTANCE TO VICTIMS 
--------------------------------------------- -- 
 
¶4. (SBU) A-D:  Victim assistance, care, and support:  There are no 
government programs, training, or funding in place to protect or 
assist trafficking victims, although new legislation includes 
provisions for victims' immunity from prosecution, protection of 
victims and witnesses, and special treatment for victims under 
immigration law.  The law calls for the ministers responsible for 
national security and social services to implement a plan to provide 
appropriate services, in consultation with NGOs.  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-J:  Housing, referrals, victim rights and assistance:  There are 
no known trafficking victims requiring long-term shelter or 
assistance nor prosecutions of trafficking cases under old or new 
legislation.  Only a handful of credible, though in some cases 
unsubstantiated cases were brought to Post's attention, with the 
possible victims leaving the country immediately in every case. 
 
K:  The government does not provide specialized training for 
government officials, but participated in IOM and USG 
anti-trafficking training on a broad, inter-agency basis.  USG 
actors plan to conduct further trainings based on the positive 
feedback and passage of new legislation. 
 
L:  There are no known cases of Bahamian victims of trafficking and 
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 Minister of 
Social Development, President of the Senate, 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. 
 
M:  There are no international NGOs working with trafficking 
victims.  Assistance available to victims of trafficking is the same 
as that described in A-D above. 
 
--------------------- 
Para 27 -- PREVENTION 
--------------------- 
 
¶5. (SBU) Did the government conduct anti-trafficking information or 
education campaigns during the reporting period (etc.)? 
 
 
NASSAU 00000099  006 OF 006 
 
 
A:  There have not been any government-run anti-trafficking 
information or education campaigns in 2008. 
 
B:  The government does not comprehensively monitor immigration and 
emigration patterns for evidence of trafficking, or screen for 
potential trafficking victims along borders, though this may change 
following the passage of comprehensive legislation.  The Immigration 
Department maintains detailed information on detained persons from 
which it is possible to glean broad migration trends. 
 
C:  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.  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. 
 
D:  The Government does not have a national plan to address 
trafficking in persons, though legislation calls for a plan to 
implement services for victims. 
 
E:  Post is not aware that the government undertook specific 
measures to reduce the demand for commercial sex. 
 
F:  Post is not aware that the government undertook specific 
measures to reduce the participation of its nationals in 
international child sex tourism.  Post is not aware that this is a 
problem. 
 
G:  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, anecdotal media or other reports of possible 
sex or labor trafficking, and periodic first-hand reports to 
EmbOffs.  Determining the number of trafficking victims remains a 
challenge, however, as incidents are few and 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 far below the previously accepted 100-case 
threshold.  In light of this, and positive organizational and 
political developments under the current government, including 
demonstrated political commitment to and progress in adopting 
international standards and appropriate national legislation, and 
receptivity to further USG training across relevant law enforcement 
agencies, Post recommends that The Bahamas maintain its "special 
mention" status in the Ninth Annual Trafficking in Persons Report. 
The Bahamas has demonstrated steady and enviable progress over the 
last two years, and all indications remain that further progress 
will be achieved in the upcoming year and the years ahead. 
 
ELMO