US embassy cable - 05NASSAU408

UNCLAS SECTION 01 OF 03 NASSAU 000408 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR WHA/PPC, WHA/CAR FOR BILL BENT, G/TIP FOR ROWEN, 
G, INL, DRL, PRM 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, BF, Human Rights 
SUBJECT: FIFTH ANNUAL TIPS REPORT - BAHAMAS 
 
REF: 04 SECSTATE 273089 
 
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OVERVIEW OF ACTIVITIES 
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1.  (SBU) There have been no substantiated reports indicating 
that the Bahamas is a country of origin or destination for 
trafficking in persons.  There have, however, been 
unconfirmed reports of women being trafficked through 
Bahamian waters on the way to the United States, possibly for 
prostitution.  These women are allegedly from the former 
Soviet states, and east Asia.  This information comes from 
U.S. Coast Guard intelligence reports, but the ultimate 
intent of their travel was never confirmed.  In late spring 
2004, Bahamian officials assisted the U.S. Coast Guard in the 
interdiction of 23 Chinese females hidden aboard a pleasure 
vessel from Martinique.  The number of possible victims 
annually is unknown, but thought to be minimal.  The large 
illegal migrant population living in and transiting through 
The Bahamas is potentially vulnerable to trafficking.  The 
International Organization for Migration (IOM) is currently 
doing an assessment on the status of trafficking in persons 
in the Caribbean to determine the scale and context of 
trafficking in the region.  This information has not yet been 
released to the seven Governments involved. 
 
2.  (SBU) The Government of the Commonwealth of The Bahamas 
has made a good faith effort to raise awareness of 
trafficking in persons, as well as build the capacity of 
governmental organizations to identify and assist where 
needed.  To date, Bahamian government officials have received 
no reports of trafficking in persons.  Unfortunately however, 
law enforcement personnel continue to confuse migrant 
smuggling with trafficking in persons. 
 
3.  (SBU) Prostitution is illegal in The Bahamas according to 
Chapter 99 of Title X in the Penal Code.  Persons who attempt 
to procure an individual for the purpose of prostitution are 
subject to a penalty of 5 years in prison.  The activities of 
pimps, brothel owners, and enforcers are also criminalized. 
In November 2004, police arrested 76 people, including 
patrons and dancers, following a night raid on a strip club. 
Six of the dancers were Jamaicans, and were subsequently held 
at the Migrant Detention Center for processing.  Political 
Officer visited these women, and determined that they were 
not being forced or coerced to dance or strip by a third 
party. 
 
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PREVENTION 
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4.  (SBU) The Government of the Commonwealth of The Bahamas 
(GCOB) is active in pursuing training in the prevention and 
identification of trafficking in persons.  The Government's 
position is that there is no problem in this area.  The 
agencies involved should such a trend in trafficking become 
apparent would be the Royal Bahamas Defense and Police 
Forces, the Department of Immigration, and Bahamas Customs 
and Immigration.  GCOB also welcomed the addition of a 
resident IOM representative in Nassau for assistance with its 
programs and the monitoring of migration trends. 
 
5.  (SBU) GCOB actively promotes womens' rights and equal 
opportunity for employment in the public and private sectors. 
 Women are active in politics, and four of the fifteen 
Cabinet ministers, including the Deputy Prime Minister and 
Minister for National Security, are women.  Children are 
required to attend school until the age of 16, and generally 
do so.  These types of factors, as well as the relative 
wealth of The Bahamas, are likely reasons that Bahamians are 
not subject to trafficking. 
 
6.  (SBU) The Government of the Commonwealth of The Bahamas 
partnered with the Inter-American Commission of Women (CIM) 
and the Organization of American States (OAS) to provide a 
one-day seminar in June 2004 regarding the basic 
understanding of trafficking in persons, the differences 
between smuggling and trafficking, and its impact on 
societies.  The Ministry of Labour and Immigration and the 
Ministry of Social Services and Community Development gave a 
great deal of support to these seminars.  Participants 
included a broad cross-section of government and 
non-governmental organizations, migrant community 
representatives, media and the private sector. 
 
7.  (SBU) Shortly after becoming a member of the 
International Organization for Migration (IOM) in November 
2004, IOM/CIM/OAS held a two-day training session on 
Information Campaigns and Counter-Trafficking in The Bahamas 
with the support of the Ministry of Labour and Immigration 
and the Ministry of Social Services and Community 
Development.  Running concurrently with this seminar was a 
five-day regional seminar on "Mixed Migratory Flows in the 
Caribbean" jointly presented by IOM and the United National 
High Commission for Refugees (UNHCR).  This seminar enhanced 
regional dialogue and provided in-depth training on migration 
and asylum issues.  Although its primary focus was not 
trafficking in persons, there were workshops which touched 
upon the issue and facilitated conversations amongst 
representatives from over a dozen countries in the region on 
TIPs issues. 
 
8.  (SBU) In addition, IOM/CIM/OAS is currently conducting an 
exploratory assessment with the concurrence of the Bahamian 
government in The Bahamas and other Caribbean countries to 
determine the scale and context of trafficking in the region, 
and to assist the governments with the necessary tools to 
effectively respond to any cases of trafficking that may be 
discovered.  The results of this research is expected to be 
released to the relevant governments mid-year. 
 
9.  (SBU) The Royal Bahamas Defence Force (RBDF) and the U.S. 
Coast Guard monitor and patrol Bahamian territorial waters 
and the international waters surrounding The Bahamas for 
illegal migrants and narco-trafficking.  Some RBDF officers 
have been sent to the IOM/CIM/OAS training on identification 
of trafficking victims, but a more general awareness is 
needed.  IOM plans to develop a "training of the trainers" 
session, so that a TIPS course can be 
established in the RBDF and Royal Bahamas Police Force (RBPF) 
academies. 
 
10.  (SBU) There is currently no specific person or entity 
responsible for developing anti-trafficking programs within 
the government.  However, Bahamian participants in the 
November 2004 seminar discussed putting together a task force 
to gather and disseminate information on trafficking.  No 
such group has been officially formed as yet. 
 
 
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INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
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11.  (SBU) The Bahamas does not have a law specifically 
prohibiting trafficking in persons.  However, traffickers 
could be prosecuted under Title X of the Statute Law which 
addresses sexual offenses, abduction, prostitution and 
domestic violence.  Under Chapter 99, persons who attempt to 
procure an individual for the purposes of prostitution either 
in or out of the country by force, threats, intimidation or 
administering drugs is guilty of an offense and liable for 
imprisonment for eight years.  There are also provisions 
against forcibly taking or detaining women and children. 
Penalties for rape and sexual assault range from a minimum of 
seven years for first time offenders to a maximum of life 
imprisonment.  Taken together, and IOM representative 
believes these laws to be sufficient to prosecute any cases 
against traffickers. 
 
12.  (SBU) The Government of The Bahamas does not currently 
provide specialized training for government officials in how 
to recognize, investigate, or prosecute instances of 
trafficking.  As a preventative measure however, the 
Government has hosted several seminars in Nassau to inform 
its personnel of the various forms of trafficking. 
 
13.  (U) The Government of the Commonwealth of The Bahamas 
has signed or ratified the following international 
instruments with regards to trafficking in persons: 
 
      - Ratified ILO Convention 182 on the Worst Forms of 
Child Labor in June 2001 
 
      - Ratified ILO Convention 29 on Force Labor in May 1976 
 
      - Ratified ILO Convention 105 on the Abolition of 
Forced Labor in June 1976 
 
      - Neither signed nor ratified the Optional Protocol to 
the Convention on the Rights of the Child (CRC) in the sale 
of children, child prostitution and child pornography.  The 
Bahamas has signed and ratified the Convention on the Rights 
of the Child, however. 
 
      - Signed the Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, especially Women and Children, 
Supplementing the UN Convention Against Transnational 
Organize Crime in April 2001.  It has not yet been ratified. 
 
 
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PROTECTION AND ASSISTANCE TO VICTIMS 
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14.  (SBU) As no persons have been declared victims of 
trafficking in The Bahamas to the government, there are no 
programs or funding currently in place to protect or assist 
victims.  There are currently no NGOs working locally in the 
prevention or detection of trafficking in persons.  The Red 
Cross, the Salvation Army, and local church groups already 
provide assistance to illegal migrants at the detention 
center, and would stand ready to assist trafficking victims 
should the need arise. 
 
 
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CONTACT INFO 
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15.  (U) The principal drafter for this years TIPs Report for 
The Bahamas is Political Officer, Stacie Zerdecki. 
 
Tel: 242-322-1181 ext. 4510 
IVG: 823 
FAX: 242-356-0222 
Email: zerdeckism@state.gov 
WITAJEWSKI