VZCZCXYZ0013
RR RUEHWEB

DE RUEHBH #0148/01 0422222
ZNR UUUUU ZZH
R 112218Z FEB 10
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC 0342
INFO EC CARICOM COLLECTIVE

UNCLAS NASSAU 000148 
 
SENSITIVE 
SIPDIS 
STATE FOR G/TIP, G-LAURA PENA, INL, DRL, PRM, WHA/PPC, USAID, DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF LABOR, AND DEPARTMENT OF TREASURY 
 
E.O. 12958: N/A 
TAGS: PREF PGOV KCRM PREL KTIP PHUM KWMN SMIG KFRD ASEC
ELAB, KMCA, BF, HA 
SUBJECT: THE BAHAMAS TENTH ANNUAL TRAFFICKING IN PERSONS REPORT 
 
REF: 10 STATE 002094 
 
¶1. (U) Post's point of contact for this report is PolOff Wendy 
Rejan, Phone 242-322-1181 ext 4510, Fax 242-356-0222.  PolOff spent 
24 hours drafting this cable.  Post's response to inquiries is 
provided using the original number and letter of the questions in 
reftel. 
 
 
 
¶2. (U) Question 25. THE COUNTRY'S TIP SITUATION: 
 
 
 
-- A. What is (are) the source(s) of available information on human 
trafficking? What plans are in place (if any) to undertake further 
documentation of human trafficking? How reliable are these sources? 
 
 
 
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 the 
International Organization for Migration (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. 
Because anti-trafficking legislation was passed in November 2008, 
law enforcement agencies may be the best source of such 
information.  Current information is very limited, however. 
 
 
 
-- B. Is the country a country of origin, transit, and/or 
destination for men, women, or children subjected to conditions of 
commercial sexual exploitation, forced or bonded labor, or other 
slave-like conditions? Are citizens or residents of the country 
subjected to such trafficking conditions within the country? If so, 
does this internal trafficking occur in territory outside of the 
government's control (e.g. in a civil war situation)? From where 
are people recruited or from where do they migrate prior to being 
subjected to these exploitative conditions? To what other countries 
are people trafficked and for what purposes? Provide, where 
possible, numbers or estimates for each group of trafficking 
victims. Have there been any changes in the TIP situation since the 
last TIP Report (e.g. changes in destinations)? 
 
 
 
There have been credible, though in some cases unsubstantiated 
reports from international organizations and NGOs 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 2009, 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 Haiti, continue to present major challenges to the 
Government of The Bahamas. 
 
 
 
Post has received reliable reports from Bahamian contacts 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. 
 
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 the 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." 
 
 
 
 
 
-- C. To what kind of conditions are the trafficking victims 
subjected? 
 
 
 
Reports from post contacts 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. 
 
 
 
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. 
 
 
 
-- D. Vulnerability to TIP: Are certain groups of persons more at 
risk of human trafficking (e.g. women and children, boys versus 
girls, certain ethnic groups, refugees, IDPs, etc.)? If so, please 
specify the type of exploitation for which these groups are most at 
risk (e.g., girls are more at risk of domestic servitude than 
boys). 
 
 
 
Persons of Haitian origin are most at risk for forced labor 
exploitation. 
 
 
 
-- E. Traffickers and Their Methods: Who are the 
traffickers/exploiters? Are they independent business people? Small 
or family-based crime groups? Large international organized crime 
syndicates? What methods are used to gain direct access to victims? 
For example, are the traffickers recruiting victims through 
lucrative job offers? Are victims sold by their families, or 
approached by friends of friends? Are victims "selfpresenting" 
(approaching the exploiter without the involvement of a recruiter 
or transporter)? If recruitment or transportation is involved, what 
methods are used to recruit or transport victims (e.g., are false 
documents being used)? Are employment, travel, and tourism agencies 
or marriage brokers involved with or fronting for traffickers or 
crime groups to traffic individuals? 
 
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. 
 
 
 
¶3. (U) Question 26. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP 
EFFORTS: 
 
-- A. Does the government acknowledge that human trafficking is a 
problem in the country? If not, why not? 
 
 
 
Yes.  The government, elected in May 2007, declared adherence to 
international standards on human trafficking in June 2007 and 
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 of 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 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. 
 
 
 
One of the forums for discussing human trafficking in a joint 
setting (police, military, immigration, and public prosecutors) is 
through the Joint Task Force of Operation Bahamas, Turks and Caicos 
(OPBAT).   In addition, Immigration and Customs Enforcement 
(ICE)/Human Smuggling Trafficking Center (HSTC) training was 
provided to a wide cross-section of agencies in April 2008, with 
the participation of six different GCOB agencies, including police, 
military, prosecutors, social services, and NGO representatives. 
IOM conducted two anti-trafficking training sessions in 2009 with 
immigration, labor, social services, law enforcement and NGO 
participation. 
 
 
 
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 
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. 
 
 
 
-- B. Which government agencies are involved in efforts to combat 
sex and labor trafficking - including forced labor - and, which 
agency, if any, has the lead in these efforts? 
 
 
 
The Ministry of Foreign Affairs (MFA) has the lead on 
anti-trafficking efforts.  An ad hoc governmental working group on 
trafficking included the MFA, Department of Immigration (organized 
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 Bureau of Women's Affairs has emerged as the lead agency 
for anti-trafficking training and assistance to victims. 
 
 
 
-- C. What are the limitations on the government's ability to 
address these problems in practice? For example, is funding for 
police or other institutions inadequate? Is overall corruption a 
problem? Does the government lack the resources to aid victims? 
 
 
 
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 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 (on all fronts -- prosecution, victim 
protection, and prevention) and periodically make available, 
publicly or privately and directly or through 
regional/international organizations, its assessments of these 
anti-trafficking efforts? 
 
 
 
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.  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. 
 
 
 
-- E. What measures has the government taken to establish the 
identity of local populations, including birth registration, 
citizenship, and nationality? 
 
 
 
There is universal birth registration; all births must be 
registered within 21 days of delivery.  Children born to 
non-Bahamian parents or to a Bahamian mother and a non-Bahamian 
father born outside of The Bahamas do not automatically acquire 
citizenship. Otherwise, citizenship is acquired by birth in the 
country. 
 
 
 
--F. To what extent is the government capable of gathering the data 
required for an in-depth assessment of law enforcement efforts? 
Where are the gaps? Are there any ways to work around these gaps? 
 
 
 
The government lacks the necessary resources and capacity for 
gathering the data required for an in-depth assessment of law 
enforcement efforts. 
 
 
 
¶4. (U) Question 27. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
For questions A-D, posts should highlight in particular whether or 
not the country has enacted any new legislation since the last TIP 
report. 
 
 
 
-- A. Existing Laws against TIP: Does the country have a law or 
laws specifically prohibiting trafficking in persons -- both sexual 
exploitation and labor? If so, please specifically cite the name of 
the law(s) and its date of enactment and provide the exact language 
[actual copies preferable] of the TIP provisions.  Please provide a 
full inventory of trafficking laws, including non-criminal statutes 
that allow for civil penalties against alleged trafficking crimes 
(e.g., civil forfeiture laws and laws against illegal debt). Does 
the law(s) cover both internal and transnational forms of 
trafficking?  If not, under what other laws can traffickers be 
prosecuted?  For example, are there laws against slavery or the 
exploitation of prostitution by means of force, fraud, or coercion? 
Are these other laws being used in trafficking cases? 
 
 
 
On November 26, 2008, parliament passed comprehensive legislation 
specifically addressing trafficking in persons, whether for labor 
or sexual exploitation, for the first time. The name of the law is 
"The Trafficking in Persons (Prevention and Suppression) Act 2008." 
The law was enacted on December 9, 2008.  The maximum penalty for 
trafficking in persons is life imprisonment.  On November 26, 2008 
 
parliament passed legislation increasing the maximum penalty for 
rape 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. 
 
 
 
There is a well-developed labor law that provides for minimum 
wages, maximum working hours, a 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, and is not actively 
investigating cases of alleged trafficking due to a lack of formal 
complaints.  Nor is the government cooperating with other 
governments to investigate or prosecute trafficking cases.  The 
GCOB is, however, cooperating actively with the USG in 
investigating suspected trafficking cases whenever they are 
reported and 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-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. 
 
 
 
-- B. Punishment of Sex Trafficking Offenses: What are the 
prescribed and imposed penalties for the trafficking of persons for 
commercial sexual exploitation, including for the forced 
prostitution of adults and the prostitution of children? 
 
 
 
A person engaged in trafficking in persons upon conviction shall 
"be sentenced to not less than three years nor more than five years 
imprisonment. (b) be subject to forfeiture of property under 
section 7; and (c) be ordered to pay full restitution to the victim 
under section 6.  (ii) on conviction on information- (a) be 
sentenced to life imprisonment or to a term not less than five 
years; (b) be subject to forfeiture of property under section 7; 
and  (c) be ordered to pay full restitution to the victim under 
section 6.  4. (1) A person who, for the purpose of committing or 
facilitating an offence under subsection (1) of section 3 conceals, 
removes, withholds or destroys any - (a) travel document that 
belongs to another person; or (b) document that establishes or 
purports to establish another person's identity or immigration 
status, is liable on- (i) summary conviction to imprisonment for a 
term of three years; (ii) conviction on information for 
imprisonment for a term of ten years (2) Every person who receives 
a financial or other benefit knowing that it results from the 
offence of trafficking in persons commits and offence and is liable 
on- (a) summary conviction to a fine of ten thousand dollars or to 
imprisonment for three years or to both such fine and imprisonment; 
(b) conviction on information to a fine of fifteen thousand dollars 
or to imprisonment for a term of ten years or to both such fine and 
imprisonment.  5 (1) Whoever knowingly transports or conspires to 
transport, or attempts to transport or assist another person 
engaged in transporting any person in The Bahamas or across an 
international border for the purpose of that person engaging in 
prostitution commits an offence and shall be liable on summary 
conviction to be punished in accordance with subsections (2) and 
(3). (2) Persons convicted of the crime of transporting a person 
for the purpose of exploiting that person's prostitution shall be 
liable on summary conviction to a fine of fifteen thousand dollars 
 
and to imprisonment for three years."  The presence of aggravating 
factors which include transporting one or more children can permit 
a longer sentence of five years in lieu of that mentioned in 
subsection (2) together with forfeiture of the conveyance used for 
transporting the victim.  Those convicted are required to pay their 
victims restitution for (a) costs of medical and psychological 
treatment; (b) costs of physical and occupational therapy and 
rehabilitation; (c) costs of necessary transportation, temporary 
housing and childcare; (d) lost income; (e) attorney's fees and 
other cost such as victim advocate fees; (f) compensation for 
emotional distress, pain and suffering; and (g) any other loss 
suffered by the victim."   Five years can be added to a sentence if 
the defendant committed a sexual assault against the victim, 
exposed the victim to a life threatening illness or if the victim 
was under eighteen years of age. 
 
 
 
-- C. Punishment of Labor Trafficking Offenses: What are the 
prescribed and imposed penalties for labor trafficking offenses, 
including all forms of forced labor? If your country is a source 
country for labor migrants, do the government's laws provide for 
criminal punishment -- i.e. jail time -- for labor recruiters who 
engage in recruitment of workers using knowingly fraudulent or 
deceptive offers with the purpose of subjecting workers to 
compelled service in the destination country? If your country is a 
destination for labor migrants (legal/regular or 
illegal/irregular), are there laws punishing employers or labor 
agents who confiscate workers' passports or travel documents for 
the purpose of labor trafficking, switch contracts without the 
worker's consent as a means to keep the worker in a state of 
compelled service, or withhold payment of salaries as means of 
keeping the worker in a state of compelled service? 
 
 
 
A person engaged in trafficking in persons upon conviction shall 
"be sentenced to not less than three years nor more than five years 
imprisonment. (b) be subject to forfeiture of property under 
section 7; and (c) be ordered to pay full restitution to the victim 
under section 6.  (ii) on conviction on information- (a) be 
sentenced to life imprisonment or to a term not less than five 
years; (b) be subject to forfeiture of property under section 7; 
and  (c) be ordered to pay full restitution to the victim under 
section 6.  4. (1) A person who, for the purpose of committing or 
facilitating an offence under subsection (1) of section 3 conceals, 
removes, withholds or destroys any - (a) travel document that 
belongs to another person; or (b) document that establishes or 
purports to establish another person's identity or immigration 
status, is liable on- (i) summary conviction to imprisonment for a 
term of three years; (ii) conviction on information for 
imprisonment for a term of ten years (2) Every person who receives 
a financial or other benefit knowing that it results from the 
offence of trafficking in persons commits and offence and is liable 
on- (a) summary conviction to a fine of ten thousand dollars or to 
imprisonment for three years or to both such fine and imprisonment; 
(b) conviction on information to a fine of fifteen thousand dollars 
or to imprisonment for a term of ten years or to both such fine and 
imprisonment.  5 (1) Whoever knowingly transports or conspires to 
transport, or attempts to transport or assist another person 
engaged in transporting any person in The Bahamas or across an 
international border for the purpose of that person engaging in 
prostitution commits an offence and shall be liable on summary 
conviction to be punished in accordance with subsections (2) and 
(3). (2) Persons convicted of the crime of transporting a person 
for the purpose of exploiting that person's prostitution shall be 
liable on summary conviction to a fine of fifteen thousand dollars 
and to imprisonment for three years."  The presence of aggravating 
factors which include transporting one or more children can permit 
a longer sentence of five years in lieu of that mentioned in 
subsection (2) together with forfeiture of the conveyance used for 
transporting the victim.  Those convicted are required to pay their 
victims restitution for (a) costs of medical and psychological 
treatment; (b) costs of physical and occupational therapy and 
rehabilitation; (c) costs of necessary transportation, temporary 
housing and childcare; (d) lost income; (e) attorney's fees and 
other cost such as victim advocate fees; (f) compensation for 
emotional distress, pain and suffering; and (g) any other loss 
suffered by the victim." 
 
 
 
-- D. What are the prescribed penalties for rape or forcible sexual 
assault? (NOTE: This is necessary to evaluate a foreign 
government's compliance with TVPA Minimum Standard 2, which reads: 
"For the knowing commission of any act of sex trafficking... the 
 
government of the country should prescribe punishment commensurate 
with that for grave crimes, such as 
 
forcible sexual assault (rape)." 
 
 
 
Rape is illegal, but the law does not address spousal rape, except 
if the couple is separating, in the process of divorce, or if there 
is a restraining order in place. The maximum penalty for all 
offenses, including a first-time offense is life imprisonment. 
 
 
 
-- E. Law Enforcement Statistics: Did the government take legal 
action against human trafficking offenders during the reporting 
period?  If so, provide numbers of investigations, prosecutions, 
convictions, and sentences imposed, including details on plea 
bargains and fines, if relevant and available.  Please note the 
number of convicted trafficking offenders who received suspended 
sentences and the number who received only a fine as punishment. 
Please indicate which laws were used to investigate, prosecute, 
convict, and sentence traffickers. Also, if possible, please 
disaggregate numbers of cases by type of TIP (labor vs. commercial 
sexual exploitation) and victims (children under 18 years of age 
vs. adults).  What were the actual punishments imposed on convicted 
trafficking offenders?  Are they serving the time sentenced? If 
not, why not? 
 
 
 
No, the government did not take any legal action against 
trafficking offenders during the reporting period. 
 
 
 
-- F. Does the government provide any specialized training for law 
enforcement and immigration officials on identifying and treating 
victims of trafficking? Or training on investigating and 
prosecuting human trafficking crimes? Specify whether NGOs, 
international organizations, and/or the USG provide specialized 
training for host government officials. 
 
 
 
No, the government has not provided any specialized training for 
law enforcement and immigration officials on identifying and 
treating victims of trafficking.  IOM has provided specialized 
training for law enforcement and immigration officials on 
identifying and treating victims of trafficking. 
 
 
 
--G. Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases? If possible, 
provide the number of cooperative international investigations on 
trafficking during the reporting period. 
 
 
 
There have been no prosecution of trafficking cases.  The 
government cooperated with the USG in investigating one recent 
suspected trafficking case. 
 
 
 
-- H. Does the government extradite persons who are charged with 
trafficking in other countries?  If so, please provide the number 
of traffickers extradited during the reporting period, and the 
number of trafficking extraditions pending.  In particular, please 
report on any pending or concluded extraditions of trafficking 
offenders to the United States. 
 
 
 
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. Is there evidence of government involvement in or tolerance 
of trafficking, on a local or institutional level?  If so, please 
explain in detail. 
 
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 from a contact 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.  PolOff also received anecdotal reports in 
2009 that some military personnel may be involved in assisting with 
the smuggling of trafficking victims into the country. 
 
 
 
-- J. If government officials are involved in human trafficking, 
what steps has the government taken to end such complicity? Please 
indicate the number of government officials investigated and 
prosecuted for involvement in trafficking or trafficking-related 
criminal activities during the reporting period.  Have any been 
convicted?  What sentence(s) was imposed?  Please specify if 
officials received suspended sentences, or were given a fine, 
fired, or reassigned to another position within the government as 
punishment.  Please indicate the number of convicted officials that 
received suspended sentences or received only a fine as punishment. 
 
 
 
There were no government officials investigated and prosecuted for 
involvement in trafficking or trafficking-related criminal 
activities during the reporting period. 
 
 
 
-- K. For countries that contribute troops to international 
peacekeeping efforts, please indicate whether the government 
vigorously investigated, prosecuted, convicted and sentenced 
nationals of the country deployed abroad as part of a peacekeeping 
or other similar mission who engaged in or facilitated severe forms 
of trafficking or who exploited victims of such trafficking. 
 
 
 
N/A 
 
 
 
-- L. If the country has an identified problem of child sex 
tourists coming to the country, what are the countries of origin 
for sex tourists? How many foreign pedophiles did the government 
prosecute or deport/extradite to their country of origin?  If your 
host country's nationals are perpetrators of child sex tourism, do 
the country's child sexual abuse laws have extraterritorial 
coverage (similar to the U.S. PROTECT Act) to allow the prosecution 
of suspected sex tourists for crimes committed abroad?  If so, how 
many of the country's nationals were prosecuted and/or convicted 
during the reporting period under the extraterritorial provision(s) 
for traveling to other countries to engage in child sex tourism? 
 
 
 
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. 
 
 
 
¶5. (U) Question 28. PROTECTION AND ASSISTANCE TO VICTIMS: 
 
 
 
-- A. What kind of protection is the government able under existing 
law to provide for victims and witnesses? Does it provide these 
protections in practice? 
 
Victim assistance, care, and support:  The government relies on 
international organizations and local NGOs to provide programs, 
training, and funding to protect or assist trafficking victims. 
The TIP 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 Crisis Centre, 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 Centre 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. 
 
 
 
-- B. Does the country have victim care facilities (shelters or 
drop-in centers) which are accessible to trafficking victims?  Do 
foreign victims have the same access to care as domestic 
trafficking victims?  Where are child victims placed (e.g., in 
shelters, foster care, or juvenile justice detention centers)? 
Does the country have specialized care for adults in addition to 
children?  Does the country have specialized care for male victims 
as well as female?  Does the country have specialized facilities 
dedicated to helping victims of trafficking?  Are these facilities 
operated by the government or by NGOs?  What is the funding source 
of these facilities?  Please estimate the amount the government 
spent (in U.S. dollar equivalent) on these specialized facilities 
dedicated to helping trafficking victims during the reporting 
period. 
 
 
 
There are no facilities solely dedicated to helping victims of 
trafficking.  Facilities available are run by NGOs.  There are no 
known trafficking victims requiring long-term shelter or assistance 
nor prosecutions of trafficking cases.  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 most cases. 
 
 
 
-- C. Does the government provide trafficking victims with access 
to legal, medical and psychological services?  If so, please 
specify the kind of assistance provided.  Does the government 
provide funding or other forms of support to foreign or domestic 
NGOs and/or international organizations for providing these 
services to trafficking victims?  Please explain and provide any 
funding amounts in U.S. dollar equivalent.  If assistance provided 
was in-kind, please specify exact assistance.  Please specify if 
funding for assistance comes from a federal budget or from regional 
or local governments. 
 
 
 
The TIP legislation requires the Ministry for National Security to 
ensure victims have access to a victim's advocate and that they are 
informed of their legal rights.  The legislation also requires the 
Ministry of National Security and the Ministry for Labour and 
Social Development to develop a plan in consultation with NGOs for 
housing, psychological counseling, medical and legal assistance. 
 
 
 
-- D. Does the government assist foreign trafficking victims, for 
example, by providing temporary to permanent residency status, or 
other relief from deportation?  If so, please explain. 
 
The legislation states "Where the victim is a person who does not 
have the right to remain or reside in The Bahamas, The Director of 
Immigration shall, subject to the provisions of this section, grant 
the victim the appropriate visas or other required authorization to 
allow him to remain in The Bahamas for the duration of time 
necessary"  to investigate and prosecute the case. 
 
 
 
-- E. Does the government provide longer-term shelter or housing 
benefits to victims or other resources to aid the victims in 
rebuilding their lives? 
 
 
 
The legislation required the Ministry of National Security and the 
Ministry for Labour and Social Development to develop a plan in 
consultation with NGOs for housing, employment, education and 
training opportunities. 
 
 
 
-- F. Does the government have a referral process to transfer 
victims detained, arrested or placed in protective custody by law 
enforcement authorities to institutions that provide short- or 
long-term care (either government or NGO-run)? 
 
 
 
Yes, the government plans to refer victims to the Bureau of Women's 
Affairs, The Crisis Centre and the Eugene Dupuch Law School. 
 
 
 
-- G. What is the total number of trafficking victims identified 
during the reporting period?  (If available, please specify the 
type of exploitation of these victims - e.g. "The government 
identified X number of trafficking victims during the reporting 
period, Y or which were victims of trafficking for sexual 
exploitation and Z of which were victims of nonconsensual labor 
exploitation.)  Of these, how many victims were referred to care 
facilities for assistance by law enforcement authorities during the 
reporting period?  By social services officials?  What is the 
number of victims assisted by government-funded assistance programs 
and those not funded by the government during the reporting period? 
 
 
 
There were no trafficking victims identified during the reporting 
period. 
 
 
 
-- H. Do the government's law enforcement, immigration, and social 
services personnel have a formal system of proactively identifying 
victims of trafficking among high-risk persons with whom they come 
in contact (e.g., foreign persons arrested for prostitution or 
immigration violations)?  For countries with legalized 
prostitution, does the government have a mechanism for screening 
for trafficking victims among persons involved in the 
legal/regulated commercial sex trade? 
 
 
 
There is no formal system of proactively identifying victims of 
trafficking among high-risk persons. 
 
 
 
-- I. Are the rights of victims respected?  Are trafficking victims 
detained or jailed?  If so, for how long?  Are victims fined?  Are 
victims prosecuted for violations of other laws, such as those 
governing immigration or prostitution? 
 
 
 
There were no reported cases of trafficking during the reporting 
period. 
 
 
 
-- J. Does the government encourage victims to assist in the 
investigation and prosecution of trafficking?  How many victims 
assisted in the investigation and prosecution of traffickers during 
the reporting period?  May victims file civil suits or seek legal 
action against traffickers?  Does anyone impede victim access to 
 
such legal redress?  If a victim is a material witness in a court 
case against a former employer, is the victim permitted to obtain 
other employment or to leave the country pending trial proceedings? 
Are there means by which a victim may obtain restitution? 
 
 
 
There were no reported cases of trafficking during the reporting 
period.  The law requires those convicted of trafficking to pay 
restitution to their victims for (a) costs of medical and 
psychological treatment; (b) costs of physical and occupational 
therapy and rehabilitation; (c) costs of necessary transportation, 
temporary housing and childcare; (d) lost income; (e) attorney's 
fees and other costs such as victim advocate fees; (f) compensation 
for emotional distress, pain and suffering; and (g) any other loss 
suffered by the victim.  Any proceeds from forfeited property is 
applied to the payment of restitution. 
 
 
 
-- K. Does the government provide any specialized training for 
government officials in identifying trafficking victims and in the 
provision of assistance to trafficked victims, including the 
special needs of trafficked children?  Does the government provide 
training on protections and assistance to its embassies and 
consulates in foreign countries that are destination or transit 
countries?  What is the number of trafficking victims assisted by 
the host country's embassies or consulates abroad during the 
reporting period?  Please explain the type of assistance provided 
(travel documents, referrals to assistance, payment for 
transportation home). 
 
 
 
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 the 2008 legislation. 
 
 
 
-- L. Does the government provide assistance, such as medical aid, 
shelter, or financial help, to its nationals who are repatriated as 
victims of trafficking? 
 
 
 
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 Labour and 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. Which international organizations or NGOs, if any, work with 
trafficking victims?  What type of services do they provide?  What 
sort of cooperation do they receive from local authorities? 
 
 
 
The government has a close and cooperative relationship with the 
Crisis Centre which provides assistance to trafficking victims. 
 
 
 
¶6. (U) Question 29. PREVENTION: 
 
 
 
-- A. Did the government conduct anti-trafficking information or 
education campaigns during the reporting period?  If so, briefly 
describe the campaign(s), including their objectives and 
effectiveness.  Please provide the number of people reached by such 
awareness efforts, if available.  Do these campaigns target 
potential trafficking victims and/or the demand for trafficking 
 
(e.g. "clients" of prostitutes or beneficiaries of forced labor)? 
 
 
 
The government did not conduct anti-trafficking information or 
education campaigns during the reporting period.  The government 
did participate in information and education campaigns conducted by 
IOM. 
 
 
 
-- B. Does the government monitor immigration and emigration 
patterns for evidence of trafficking? 
 
 
 
No, the government does not monitor immigration and emigration 
patterns for evidence of trafficking. 
 
 
 
-- C. Is there a mechanism for coordination and communication 
between various agencies, internal, international, and multilateral 
on trafficking-related matters, such as a multi-agency working 
group or a task force? 
 
 
 
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 the 
Counter-narcotics and Immigration Joint Task Force.  There is no 
public corruption task force. 
 
 
 
-- D. Does the government have a national plan of action to address 
trafficking in persons?  If the plan was developed during the 
reporting period, which agencies were involved in developing it? 
Were NGOs consulted in the process?  What steps has the government 
taken to implement the action plan? 
 
 
 
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: Required of all Posts: What measures has the government taken 
during the reporting period to reduce the demand for commercial sex 
acts? 
 
 
 
Post is not aware that the government undertook specific measures 
to reduce the demand for commercial sex. 
 
 
 
-- F. Required of all Posts: What measures has the government taken 
during the reporting period to reduce the participation in 
international child sex tourism by nationals of the country? 
 
 
 
 
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. 
 
 
 
¶7. (U) Question 30. PARTNERSHIPS 
 
 
 
Secretary Clinton has identified a fourth "P", Partnerships, 
recognizing that governments' partnerships with other government 
and elements of civil society are key to effective anti-TIP 
strategies.  Although the 2010 Report will include references 
and/or descriptions of these partnerships, they will not be 
considered in the determining the tier rankings, except in cases 
where a partnership contributes to the government's efforts to 
implement the TVPA's minimum standards. 
 
-- A. Does the government engage with other governments, civil 
society, and/or multilateral organizations to focus attention and 
devote resources to addressing human trafficking?  If so, please 
provide details. 
 
 
 
The government engages with various NGOs as well as IOM on 
anti-trafficking training and assistance to victims. 
 
 
 
-- B. What sort of international assistance does the government 
provide to other countries to address TIP? 
 
 
 
The government does not provide assistance to other countries to 
address TIP. 
 
 
 
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COMMENT 
 
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¶8. (SBU) Evidence of human trafficking in The Bahamas arises 
primarily from the demand 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. 
Reported 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 international standards and appropriate 
national legislation, and receptivity to further USG training 
across relevant law enforcement agencies, Post recommends The 
Bahamas for a Tier 1 ranking in the Tenth 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. 
ZUNIGA-BROWN