Special Cases
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SPECIAL CASES THE BAHAMAS other legal benefits, migrant workers usually do SPECIAL CASES not have access to these protections, which makes Limited data suggest a possible labor trafficking them more vulnerable to coercive practices. Current problem in The Bahamas. The Bahamas remains Bahamian law also provides that a legal work permit a special case for a third consecutive year because is issued directly and exclusively to a local employer, the presence of large numbers of undocumented who has the ability to cancel the permit and require migrants in the country continues to raise concerns a migrant to return home – an area of reported abuse that there may be a significant number of trafficking and concern about labor trafficking activity. Last year, victims in need of assistance. While the government the government did not investigate or prosecute any has been pro-active by collaborating with IOM on trafficking cases. a draft anti-trafficking bill and engaging in anti-traf- ficking training efforts, a more effective government The government has an interagency group to response would include enactment of national anti- address trafficking concerns, and has assigned a trafficking laws and greater efforts to protect victims, priority to the passage of anti-trafficking legislation. particularly development of a pre-deportation Overall services for trafficking victims, however, mechanism to identify possible trafficking victims remain extremely limited. The Bahamas operates among undocumented migrants and detainees. no specialized trafficking shelters, although domes- Increased anti-trafficking training for government tic violence services could be expanded to cover officials also would assist the government’s efforts. women and child trafficking victims. NGOs and faith-based organizations working with undocu- Scope and Magnitude. The Bahamas may be a mented migrants have expressed a willingness to destination and transit country for men, women, assist trafficking victims despite concerns about and children trafficked for the purposes of forced their security, but the government lacks an effective labor and commercial sexual exploitation. A large referral mechanism. The government also has no proportion of the country’s population consists of established mechanism for identifying trafficking undocumented Haitian immigrants, with estimates victims among vulnerable populations, particularly ranging from 30,000 to 60,000, some of whom immigration detainees. The Bahamas has not rati- may be subjected to conditions of involuntary fied the 2000 UN TIP Protocol. servitude. Although most of these migrants arrive voluntarily in The Bahamas to work as domestic BARBADOS servants, gardeners, construction workers, and agri- cultural laborers, many are reported to be exploited Barbados remains a special case for a second by Bahamian employers who can coerce them to consecutive year due to a sustained lack of adequate work long hours for no pay by withholding docu- information indicating a significant number of traf- ments or threatening arrest and deportation. Past ficking victims within the country. However, limited media reports indicate that a limited number of reporting continues to suggest the existence of some women and girls from Jamaica and other countries human trafficking in Barbados. Although reliable may be trafficked to The Bahamas for commercial data from either the government or international sexual exploitation. organizations remains lacking, the Government of Barbados has been proactive in prosecuting a few Government Efforts. Official recognition of human suspected traffickers and making efforts to prevent trafficking concerns and the need to enact anti- new incidents of trafficking. A more effective govern- trafficking legislation increased in The Bahamas last ment response would include enactment of national year, in addition to awareness of the need to balance anti-trafficking laws and greater efforts to protect vigorous enforcement of immigration laws with victims, particularly development of a pre-deporta- protecting undocumented migrants from exploita- tion mechanism for identifying trafficking victims tion. To further advance its anti-trafficking efforts, among undocumented migrants and detainees. the government should investigate the potential scope of the problem and continue to work with Scope and Magnitude. Anecdotal information its legislature to pass a comprehensive law crimi- suggests that Barbados may be a destination and nalizing all forms of human trafficking, including transit country for men, women, and children forced labor and domestic servitude. Under current trafficked for the purposes of commercial sexual Bahamian law, Title X of its Statute Law can be exploitation and forced labor. Some internal traffick- used to prosecute traffickers for sexual exploitation ing of children into prostitution may be facilitated offenses. These provisions carry penalties up to eight by victims’ families. Reports indicate that women years’ imprisonment, which are sufficiently stringent and girls from Guyana, the Dominican Republic, and commensurate with penalties for other grave and other Caribbean islands may be trafficked to crimes, such as rape. Trafficking for forced labor Barbados for sexual exploitation in strip clubs and is not prohibited. While The Bahamas has well- brothels, as well as for domestic servitude. Some developed civil labor laws that guarantee workers migrants, mostly men from China, India, and a minimum wage, maximum working hours, and Guyana, may be subjected to conditions of forced 267 labor in construction and other sectors. Barbados conditions exist that could possibly make Botswana also may be a sex tourism destination. a country of transit to South Africa. Botswana has long, porous borders that are difficult to moni- Government Efforts. While Barbados has no tor. It also has many residents who are potentially specific law prohibiting human trafficking, existing susceptible to trafficking, such as illegal immigrants statutes against sexual offenses and forced labor from Zimbabwe, unemployed men and women, have been used to prosecute some trafficking-related those living in rural poverty, agricultural workers crimes. In past years, the government initiated pros- in remote areas, and many children orphaned by ecutions against a small number of alleged traffickers, HIV/AIDS. To combat trafficking effectively, the SPECIAL CASES although it often deported foreign victim witnesses government should consider drafting and enacting for immigration violations before they could assist laws that prohibit all forms of human trafficking, with the government’s prosecutions. Many of these and launch a public awareness campaign to educate cases were later dismissed due to lack of victim testi- all Batswana -- particularly women, children, and mony. In 2007, regional security forces dismantled traditional leaders -- on the nature and dangers of a sex trafficking ring destined for Barbados, which human trafficking. involved child victims as young as 13- and 14-years- old from China, Russia, and other Caribbean Scope and Magnitude. Botswana may be a source, countries. Regional police officers from the Royal transit, and destination country for men, women, Canadian Mounted Police, along with Barbadian and children trafficked for forced labor and sexual security forces, indicated that the main organizers of exploitation. One local NGO received reports from the ring were from Barbados and Guyana. No arrests Batswana women that they were forced to provide or prosecutions in connection with this case have sexual services to tourists at some safari lodges; been reported. In another case, a local court convicted however, no complaints have been lodged with an India-based construction company for trafficking law enforcement officials. Parents in marginalized 14 Indian nationals into Barbados in 2005, and fined rural communities give their children to better-off the company $1,000. Prosecutors had attempted families for employment as domestics in towns or to secure a heavier punishment, but their case was herders at remote cattle posts, where these children weakened when the company sent the workers are vulnerable to abuse, including sexual exploita- home before they could assist with the government’s tion. Children engaged to work as domestics are investigation. Additional anti-trafficking training – typically promised schooling, but rarely receive it especially for law enforcement, immigration, and and often work long hours without compensation. labor personnel -- could assist Barbadian officials Many Batswana households employ Zimbabwean to identify victims and to provide support. During women as domestic workers, often without proper the reporting period, the government increased work permits or the adequate payment of wages. collaboration with NGOs, and took steps to raise The passports of these workers are often held by public awareness of human trafficking by organizing the employer on the pretext of obtaining legal anti-trafficking public forums and workshops. documents or to avoid being robbed, creating the potential for coercion and abuse of the legal system Although the number of trafficking victims in that can lead to trafficking. Isolated cases of debt Barbados may be limited, victim protection servic- bondage have been reported, as well as the traf- es, specifically targeting trafficking victims, are not ficking of Zimbabwean nurses and teachers into readily available; the government relies on NGOs domestic