US embassy cable - 05MANAMA339

UNCLAS SECTION 01 OF 08 MANAMA 000339 
 
SIPDIS 
 
G/TIP, G, INL, DRL, PRM, IWI, NEA/RA, NEA/ARPI 
STATE PLEASE PASS TO DHS 
STATE PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, ELAB, SMIG, ASEC, KFRD, PREF, BA 
SUBJECT: BAHRAIN: ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) 
REPORT 
 
REF: O4 STATE 273089 
 
Sensitive but unclassified (deliberative process); please 
protect accordingly.  Not for Internet distribution. 
 
1.  (SBU) Embassy Manama's response to reftel follows. 
Answers are keyed to reftel questions.  Please note that in 
January 2005, the Ministry of Labor and Social Affairs 
(MOLSA) was divided into two separate ministries, the 
Ministry of Labor and the Ministry of Social Affairs.  As the 
Ministry of Labor has taken on all of MOLSA's 
responsibilities related to trafficking, the report refers 
only to the Ministry of Labor and not MOLSA. 
 
2.  (SBU) 18.A.  Bahrain is a destination country for 
trafficked men and women.  The most reliable sources of 
information on trafficking are local embassies, the GOB, the 
local press, and a local NGO (the Migrant Workers Protection 
Society).  None of these sources provides reliable estimates 
of the size of the trafficking problem.  In February 2005, 
the GOB reported that it had computerized its system for 
recording labor violations, which would enable it to produce 
better statistics on the trafficking issue in the future. 
The Migrant Workers Protection Society reports that it is 
approached approximately five times per week for assistance. 
The Philippines Embassy receives 30-40 runaway housemaids 
seeking help every month.  Trafficking does not occur within 
the country's borders, and there is no territory outside of 
the government's control.  Those most at risk for trafficking 
include male laborers and female domestic workers.  Post has 
no information that children are at risk for trafficking to 
Bahrain. 
 
3.  (SBU) 18.B.  Persons are trafficked from India, Pakistan, 
Sri Lanka, Bangladesh, Thailand, and the Philippines.  China, 
Indonesia, Morocco, Ethiopia, and states of the former Soviet 
Union may also be source countries. 
 
4.  (SBU) 18.C.  The direction and extent of trafficking 
seemed to remain steady in the last year, though the lack of 
reliable data makes this difficult to determine. 
 
5.  (SBU) 18.D.  There are no efforts or surveys underway to 
document the extent and nature of trafficking in Bahrain.  In 
2004, the GOB agreed that it would allow the International 
Organization for Migration (IOM) to conduct a large 
USG-funded project in Bahrain which included a survey on 
trafficking.  An IOM representative arrived in Bahrain in 
September, but the GOB did not grant IOM the registration 
required to begin its mission in Bahrain.  (Note: The GOB 
does not have a formal mechanism to register international 
NGOs.  End Note.)  In December 2004, IOM put the project on 
hold and its representative left Bahrain.  EmbOffs met with 
the Minister of Labor, the Minister of State for Foreign 
Affairs, the Minister of Social Affairs, and other government 
officials to encourage IOM's registration, which would allow 
for the return of the representative.  GOB officials pledged 
to register IOM as soon as possible, but a resolution is 
still pending. 
 
6.  (SBU) 18.E.  Most trafficked persons in Bahrain work in 
construction or as domestic helpers.  Although there are no 
statistics to document the extent of the problem, some 
sources indicated that up to half of low and unskilled 
expatriate workers are subject to involuntary contract 
substitution.  Foreign embassies report that when workers 
arrive in Bahrain, sponsors often cut their promised wages in 
half.  In most cases, workers have little choice but to 
accept the new contract as they have debts to repay, both to 
recruiting agents and for transportation to Bahrain. 
Sometimes promised housing is not provided.  Housing is often 
cramped, unsanitary, and dangerously hot in the summertime. 
The press reported numerous cases of laborers, especially 
construction workers, sustaining serious on-the-job injuries 
due to inadequate safety equipment.  In some cases, workers 
are subject to partial or non-payment of salaries; extreme 
hours; lack of freedom to leave the house; verbal or physical 
abuse (including rape); and withholding of documents, 
including passports.  Manpower agencies reportedly locked 
housemaids in small rooms while they waited for deployment to 
new employers.  A local NGO reported a spike in the number of 
suicides among expatriate workers last year and urged 
authorities to study the issue.  Participation in the sex 
trade is almost always voluntary. 
 
7.  (SBU) 18.F.  Bahrain is not a country of origin. 
 
8.  (SBU) 18.G.  There is political will at the highest 
levels of government to combat trafficking in persons, and 
the government is taking serious steps to address the 
problem.  The government has an inter-ministerial task forces 
that meets (usually quarterly) to discuss strategies for 
combating TIP.  The GOB devotes significant human resources 
to combating trafficking.  There are no concrete reports of 
government officials involved in TIP. 
 
9.  (SBU) 18.H.  There is no solid evidence that government 
officials facilitate or condone trafficking or are otherwise 
complicit in such activities.  However, some prominent 
Bahrainis are reportedly involved in illegally selling "free 
visas" to workers.  In this practice, employers agree to 
sponsor expatriate workers for a visit visa or work visa in 
exchange for a fee (up to USD 1200).  The workers are then 
left to find freelance work and are not employed by their 
official sponsors.  In many cases, the sponsors demand 
monthly or annual fees from the workers to allow them to 
remain in Bahrain. 
 
10.  (SBU) 18.I.  The police in Bahrain are adequately funded 
and government corruption related to trafficking is not a 
problem.  The government has sufficient resources to aid 
victims, but lacks expertise in combating TIP.  International 
organizations such as IOM could provide this much needed 
expertise, but Bahrain does not have standardized procedures 
for registering international organizations so they can 
implement projects.  Until Bahrain adopts such procedures, 
IOM and other international organizations will likely have a 
difficult time establishing themselves in the kingdom. 
 
11.  (SBU) 18.J.  The inter-ministerial task force meets 
periodically to review GOB strategies in combating TIP, but 
the GOB does not systematically monitor or assess its 
anti-trafficking efforts. 
 
12.  (SBU) 18.K.  Prostitution is illegal and the activities 
of brothel owners/operators, prostitutes, and pimps are 
criminalized.  Enforcement of anti-prostitution laws is 
variable.  The press reported on dozens of cases in which 
expatriate women were arrested and charged with prostitution. 
 Some of these women were ordered to pay fines or serve jail 
sentences and then deported, and others were deported without 
paying fines or serving jail time.  In some cases, the hotels 
from which these prostitutes worked were banned from applying 
for visit visas.  There were numerous cases of pimps and 
brothel owners being sentenced to jail time.  A number of 
dilapidated buildings that were reportedly used for 
prostitution were destroyed by the government. 
13.  (SBU) 19.A.  The GOB acknowledges that trafficking is a 
problem in Bahrain. 
 
14.  (SBU) 19.B.  The Ministries of Foreign Affairs, Labor, 
Social Affairs, Justice, Interior, and Commerce are involved 
in anti-trafficking issues.  The General Directorate of 
Nationality, Passports, and Residence is also involved. 
 
15.  (SBU) 19.C.  There have not been government-run 
anti-trafficking public information campaigns.  In July, the 
inter-ministerial task force announced that it was studying 
the possibility of such a campaign.  The government 
distributes a pamphlet on workers' rights to incoming 
workers.  The pamphlet is available in Urdu, Thai, 
Singhalese, Arabic, English, Tagalog, Hindi, and Bengali. 
Many expatriate workers are illiterate, and most are not 
aware of even their most basic rights.  In April, the 
Ministry of Labor and Social Affairs launched a campaign to 
educate employers on the country's labor laws. 
 
16.  (SBU) 19.D.  The government supports women's advancement 
in politics and economics.  There are two women ministers and 
six women in the Shura Council.  School enrollment for girls 
is high. 
 
17.  (SBU) 19.E.  The GOB has the resources and the will -- 
but not the expertise -- to launch an effective prevention 
campaign. 
 
18.  (SBU) 19.F.  In September 2004, the GOB ordered the 
closure of the Bahrain Center for Human Rights.  The Migrant 
Workers Group (MWG), an organization dedicated to assisting 
trafficking victims, was a part of the Center.  The GOB 
allowed the MWG to operate informally after the Center's 
closure, but requested that it register as a new 
organization.  The group re-named itself the Migrant Workers' 
Protection Society and was given official permission to 
operate in January 2005.  GOB officials meet with the Society 
periodically to discuss TIP issues, and have attended some of 
their fundraising events.  The GOB gave the Society 
permission to open a shelter in February 2005.  The Indian 
Community Relief Fund, the Christian Charitable and Cultural 
Association, Helping Hands, and the Art of Living Foundation 
also aid migrant workers with the government's knowledge and 
no interference. 
 
19.  (SBU) 19.G.  Border officials are not trained to 
recognize or respond to immigration and emigration patterns 
that indicate a trafficking problem.  Border officials are 
competent in recognizing forged documents, however, and have 
kept some people from entering Bahrain on fake documents.  A 
Ministry of Labor official reported that in 2004, the GOB 
noted an increase in the number of runaway and abused workers 
in the country on visit visas.  The official reported that in 
2005, the GOB will make visit visas harder to obtain in an 
effort to combat trafficking. 
 
20.  (SBU) 19.H.  The GOB established an inter-ministerial 
TIP task force in February 2002.  The task force meets 
periodically throughout the year, about every quarter.  In 
July, the task force announced that it would form several 
committees to work on specific trafficking-related issues. 
The committees were to address the following initiatives: 
ways to combat violence and other abuses against housemaids; 
a safehouse for abused expatriate workers; a campaign to 
spread awareness of trafficking and the need to combat it; 
and procedures to speed up the judicial process in labor 
disputes involving expatriate workers.  The results of these 
committees' studies have not been made public.  The 
government does not have a public corruption task force, but 
the Council of Representatives has an active Investigative 
Committee on corruption. 
 
21.  (SBU) 19.I.  The GOB does not coordinate with or 
participate in multinational or international working groups 
or efforts to prevent, monitor, or control trafficking.  In 
2004, the GOB agreed to allow the International Organization 
for Migration (IOM) to operate in Bahrain.  However, it has 
not granted IOM the registration required to begin its 
project in Bahrain. 
 
22.  (SBU) 19.J.  The GOB has a national plan of action to 
combat trafficking in persons.  The Ministries of Foreign 
Affairs, Labor, Information, Justice, and Interior were 
involved in drafting this plan.  NGOs were not consulted and 
parts of the action plan were not made public.  In 2003, the 
GOB held a press conference to launch the plan and announce 
some of its anti-trafficking initiatives. 
 
23.  (SBU) 19.K.  The inter-ministerial TIP task force is 
responsible for developing anti-trafficking programs within 
the government. 
 
24.  (SBU) 20.A.  The Bahraini penal code does not 
specifically criminalize trafficking in persons.  However, it 
does explicitly outlaw forced labor, including the 
unjustifiable holding of salaries (Articles 198 and 302 
amended).  Forced prostitution through coercion, threat, or 
deceit (Article 325) is also outlawed.  The law forbids a 
sponsor from withholding an employee's passport.  While the 
law covers expatriate laborers and provides significant 
protection for victims of trafficking, the current court 
system does not allow for a speedy redress of grievances. 
Expatriate workers have successfully sued Bahraini sponsors 
in the Labor Court, but judicial proceedings can take months 
or even years.  A law passed in 2002 gave workers the right 
to change sponsors without a "no objection" letter from the 
original sponsor, but most workers do not know enough about 
this law to use it in escaping from abusive situations. 
Domestic workers are not covered in Bahrain's labor law, 
though domestic workers can use the Ministry of Labor to help 
solve disputes.  They can also seek legal redress from forced 
labor under the penal code.  The GOB presented to parliament 
a new labor law in February 2005.  The law is intended to 
reduce Bahrain's dependence on foreign laborers and domestic 
help. 
 
25.  (SBU) 20.B.  Anyone guilty of sexual exploitation is 
subject to an imprisonment of no less than two years and no 
more than seven years.  If the victim is less that 18 years 
old, the imprisonment is for no less than three years and no 
more than ten years.  Government employees found guilty of 
imposing forced labor on other government employees are 
subject to imprisonment for a period not exceeding ten years. 
 A person who is not a government employee and is found 
guilty of forced labor is subject to imprisonment and/or a 
fine.  All sources indicate that the vast majority of 
expatriates in the sex trade are involved on a voluntary 
basis. 
 
26.  (SBU) 20.C.  A person guilty of sexually assaulting a 
female is subject to an imprisonment not to exceed ten years. 
 A person guilty of sexually assaulting a male is subject to 
an imprisonment not to exceed seven years, or ten years if 
the victim is between the ages of seven and sixteen.  Under 
the law, punishments are more severe in the following cases: 
when the perpetrator is a close relative, guardian, or 
servant of the victim; when the perpetrator is a public 
servant, clergyman, or medical practitioner; when the crime 
is jointly committed by two or more persons; when the victim 
contracts a venereal disease as a result of the crime; or 
when the victim becomes pregnant or loses her virginity as a 
result of the crime. 
 
27.  (SBU) 20.D.  Because "trafficking" is not a legal 
concept under Bahraini law, no one has been prosecuted or 
convicted specifically for trafficking.  Courts have ruled in 
favor of workers in numerous cases of abuse and disputes over 
non-payment of salary.  The Ministry of Labor has the power 
to remove a worker from a place of employment and repatriate 
the employee at the employer's expense.  The licenses of 63 
manpower agencies have been revoked in the last two years due 
to trafficking-related offenses.  There are currently 80 
manpower agencies operating in Bahrain. 
 
28.  (SBU) 20.E.  Manpower recruitment agencies in Bahrain 
and in source countries are in large part responsible for the 
trafficking problem in the kingdom.  Individual sponsors who 
change contracts upon a worker's arrival are also involved in 
trafficking. 
 
29.  (SBU) 20.F.  The Ministry of Labor has 39 labor 
inspectors, including a number of women.  The Ministry 
reported that it will begin hiring 40 new inspectors in March 
2005.  Labor inspections occur upon application for a work 
permit; after an employee complaint; per an employer's 
request; and randomly.  Bahraini law allows for covert police 
operations, but these techniques are not used to investigate 
trafficking.  Undercover officers are used to catch 
prostitutes.  In May, the Ministry of Labor announced a plan 
to deal with "free visa" workers.  Labor inspectors and 
police increased their inspections of labor sites in order to 
find and deport illegal workers and punish their sponsors. 
Sponsors were ordered to pay deportation expenses and a fine 
of BD500 (USD 1330) to BD1000 (USD 2660) for each illegal 
worker.  In cases where the arrested worker wanted to file a 
complaint against his sponsor, the Ministry of Labor said 
workers should give their embassies the authority to deal 
with the cases on their behalf.  In August, the Ministry of 
Labor said that the Public Prosecutor was investigating 43 
employers for offenses related to the "free visa" issue.  The 
Ministry of Labor estimated that there were 20,000 "free 
visa" workers operating in Bahrain at the time.  Officials in 
the business community estimated that there were 50,000 "free 
visa" workers. 
30.  (SBU) 20.G.  The GOB does not provide any specialized 
training for government officials in how to recognize, 
investigate, or prosecute instances of trafficking. 
 
31.  (SBU) 20.H.  Post does not know of any cooperative 
international investigations or prosecutions of trafficking 
cases.  However, the Ministry of Labor meets with local 
embassies once a month and works closely with them to resolve 
trafficking cases. 
 
32.  (SBU) 20.I.  Post has no knowledge of any 
trafficking-related extradition requests filed with the GOB. 
Bahrain is party to a number of bilateral extradition 
treaties and some multinational arrangements, including the 
Arab Agreement to Combat Trans-Arab Organized Crime and the 
Arab Agreement to Combat Terrorism. 
 
33.  (SBU) 20.J.  GOB officials do not directly condone or 
facilitate trafficking.  However, some prominent Bahrainis 
are reportedly involved in illegally selling "free visas" to 
workers.  Please see para nine for more information. 
 
34.  (SBU) 20.K.  No government officials have been 
prosecuted for involvement in trafficking or 
trafficking-related corruption. 
 
35.  (SBU) 20.L.  Bahrain does not have an identified child 
sex tourism problem. 
 
36.  (SBU) 20.M.  Bahrain signed and ratified ILO Convention 
182 in February 2001.  Bahrain also signed and ratified ILO 
Conventions 29 and 105 and the Optional Protocol to the 
Convention on the Rights of the Child (CRC) on the sale of 
children, child prostitution, and child pornography.  In 
December 2003 the National Assembly approved the UN 
Convention Against Transnational Organized Crime and the 
Protocols to Prevent, Suppress, and Punish Trafficking in 
Person, especially Women and Children.  In March 2004, the 
MFA announced Bahrain's accession to this convention. 
 
37.  (SBU) 21.A.  The GOB does not regularly provide medical 
care, psychological services, or shelter to trafficking 
victims.  Emergency medical care is available to anyone in 
Bahrain.  Police are instructed not to return a victim to a 
sponsor if there is a risk of violence, and are allowed to 
temporarily house victims at police stations while a case is 
being investigated.  In 2003, the GOB announced that a 
government-run shelter for trafficking victims would be open 
by March 30, 2004.  The shelter has not yet opened.  The GOB 
provides mediation services in labor disputes and often 
grants expatriate workers temporary residency until the 
dispute is resolved.  The government often turns a blind eye 
when workers involved in labor disputes are employed by 
people who are not their sponsors.  The Ministry of Labor has 
two hotlines to deal with labor complaints and to assist 
victims of trafficking.  However, hotline staff have very 
little knowledge in how to help victims and are often 
unavailable to answer calls.  In December 2004, MEPI 
supported the Foundation for Global Leadership in training 
Ministry of Labor and Ministry of Interior personnel in 
victim assistance techniques, including hotline skills. 
EmbOffs called the hotlines numerous times after the 
training, but only one call was answered.  The hotline 
director said that the Ministry of Labor does not have 
sufficient personnel to staff the hotlines, and on average 
only one person a month is assisted through the hotlines. 
 
38.  (SBU) 21.B.  The GOB does not provide funding or other 
forms of support to foreign or domestic NGOs for services to 
victims.  However, it allows several NGOs that serve migrant 
workers to operate. 
 
39.  (SBU) 21.C.  Victims are rarely arrested by law 
enforcement authorities.  They are at times given temporary 
shelter by the police and are held in detention before 
deportation.  The Migrant Workers Protection Society provides 
care to all victims referred to it. 
 
40.  (SBU) 22.D.  According to the Ministry of Labor's legal 
advisor, trafficking victims are not prosecuted, fined, or 
imprisoned unless they are involved in non-labor related 
crimes such as theft, assault, or prostitution.  "Free visa" 
workers and others who are working illegally are held at the 
GOB's Immigration Residence (opened in 2004) while being 
processed for deportation.  A local NGO reported that these 
facilities are clean and the detainees are treated humanely. 
The Ministry of Labor said it tries to detain people for no 
more than 48 hours, but the period of detention varies. 
 
41.  (SBU) 22.E.  In cases where mediation by the Ministry of 
Labor does not resolve the dispute, government officials 
encourage workers to pursue legal action and the GOB 
reportedly facilitates contact with lawyers.  The government 
often tolerates work for non-sponsors during legal disputes 
and allows/facilitates change of sponsorship in situations of 
duress. 
 
42.  (SBU) 22.F.  Protection of victims is usually provided 
by local embassies, but the GOB's policy is that victims in 
imminent danger are to be sheltered and protected by the 
police.  The government does not fund or run any shelters. 
 
43.  (SBU) 22.G.  The government does not provide any 
specialized training for government officials in recognizing 
trafficking or in the provision of assistance to trafficked 
victims.  However, in December 2004 MEPI supported the 
Foundation for Global Leadership in training Ministry of 
Labor and Ministry of Interior personnel in victim assistance 
techniques.  The government does not provide training to its 
embassies and consulates overseas or urge them to develop 
relationships with NGOs. 
44.  (SBU) 22.H.  Post has no information indicating that any 
Bahraini nationals are victims of trafficking. 
45.  (SBU) 22.I.  No international NGOs work with trafficking 
victims in Bahrain.  In 2004, the GOB approved an 
International Organization for Migration (IOM) project in 
Bahrain, but to date it has not given IOM the registration 
required to operate in the country. 
 
46.  (SBU) Post point of contact on trafficking issues is 
PolOff Sara Cobb (tel: 973-1724-2834; fax: 973-1727-3011; 
E-mail: CobbS@state.gov).  An FS-05 officer spent 75 hours 
compiling the report.  An FS-01 and an FS-02 officer spent 2 
hours each reviewing the report. 
MONROE