VZCZCXYZ0000
RR RUEHWEB
DE RUEHMK #0144/01 0700515
ZNR UUUUU ZZH
R 100515Z MAR 08
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC 7651
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0182
RUEHAE/AMEMBASSY ASMARA 0034
RUEHBK/AMEMBASSY BANGKOK 0314
RUEHKA/AMEMBASSY DHAKA 0187
RUEHHI/AMEMBASSY HANOI 0016
RUEHIL/AMEMBASSY ISLAMABAD 0821
RUEHJA/AMEMBASSY JAKARTA 0079
RUEHKT/AMEMBASSY KATHMANDU 0180
RUEHNE/AMEMBASSY NEW DELHI 0419
RUEHRB/AMEMBASSY RABAT 1019
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS MANAMA 000144
SIPDIS
SENSITIVE
SIPDIS
STATE FOR G/TIP, G, INL, DRL, PRM, AND NEA/RA
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BA
SUBJECT: POST INPUT FOR TRAFFICKING IN PERSONS REPORT
REF: STATE 2731
1. (SBU) Bahrain continues to struggle with trafficking in persons, but has taken some positive steps during the past
year. The King signed into law new anti-trafficking legislation that carries stiff penalties. Prosecutors and police
officers have received training on identification and protection of trafficked victims, and attempted to apply that
training when dealing with high-threat populations. The new Labor Management Regulatory Authority began implementing
labor reforms aimed at decreasing the demand for migrant labor, a step that would benefit migrant laborers who remain in
country as well as poor, disenfranchised Bahrainis. In Embassy Manama's view, keeping Bahrain on Tier 3 would amount to
the USG failing to recognize that Bahrain has taken some significant steps toward eliminating trafficking. Moving
Bahrain to Tier 2-Watchlist could provide a boost to anti-trafficking elements in the GOB and in civil society, and send
the message that Bahrain can benefit by moving in the right direction. T hat said, there remains much work left to do.
2. (U) Post's point of contact for Trafficking in Persons is PolOff Steve Jacob, XXXXXXXXXXXX, ext XXXXXXXXXXXX, fax
XXXXXXXXXXXX The preparation of the TIP report cable required an FS-05 to work 45 hours. The responses below are keyed
to reftel queries:
3. (SBU) REFTEL Question 27 - Overview of host country's efforts to eliminate trafficking in persons. --A. (SBU) Bahrain
is a destination country for internationally trafficked men and women. Most male victims are trafficked to Bahrain as
construction labor and occasionally as domestic labor. Most female victims are trafficked to Bahrain as domestic or
hospitality labor (including for hotels and restaurants), and, occasionally, as field labor. There have been no reports
of children being trafficked. There are no reports of trafficking occurring within the country's borders, and there is
no national territory outside of the government's control. Post has requested trafficking statistics from the
government, including Ministry of Foreign Affairs, Ministry of Justice and Islamic Affairs, Public Prosecution, Ministry
of Interior, General Directorate of Nationality, Passports, and Residence, Ministry of Social Development, Ministry of
Labor and the Labor Market Regulatory Authority. By the March 1 deadline, we had not received responses to all 150
questions posed reftel; post will transmit an update when th ese replies are received. Other sources of information post
drew on include the press, International Organization for Migration, and Migrant Workers Protection Society. The Migrant
Workers Protection Society, while the organization closest to the trafficked population, maintains no case records or
statistics. Foreign embassy sources provide useful information, but due to limited resources their reports are almost
all anecdotes about individual cases. There are approximately 517,000 expatriates in Bahrain. Indian nationals comprise
the largest single group of laborers, and by extension the largest potential group of victims. Since the labor laws do
not cover domestic labor, female domestic workers of all nationalities are the most at risk of trafficking. --B. (SBU)
The GOB has taken several steps to combat trafficking over the last year. The most significant step was the enactment a
comprehensive anti-trafficking in persons law on January 9, 2008. This law defines trafficking, prescribes specific
penalties for violations, and grants authority for an intragovernmental committee to oversee the welfare of victims. In
addition, the Ministry of Interior created a specialized unit to investigate trafficking cases. Nonetheless, some
victims continue to suffer from contract substitution and debt bondage as they enter squalid living conditions, where
they sometimes work long hours for minimal pay. Primary source countries continued to be India, Pakistan, Nepal, Sri
Lanka, Bangladesh, Indonesia, Thailand, and the Philippines. To a lesser extent, Ethiopia, Eritrea, Morocco, and
countries of the former Soviet Union were also source countries. The primary traffickers are employment recruitment
agencies in both Bahrain and the sending countries. Some victims descr ibed recruitment agents approaching them in their
home countries with offers of desirable and lucrative employment in Bahrain. Upon arrival, these people faced poor
salaries, long hours, squalid living conditions, and heavy debts to employers and the recruitment agencies. --C. (SBU)
The Ministry of Foreign Affairs chairs an interagency anti-trafficking in persons committee. The Ministries of Labor,
Interior, Justice and Islamic Affairs, Social Development, and Health, as well as the Labor Market Regulatory Authority
(LMRA), Central Informatics Organization (CIO), General Directorate for Nationality, Passports, and Residence (GDNPR)
participate. In November, 2007, the Ministry of Interior formed a special unit to investigate trafficking cases, and in
particular, forced prostitution and sex trafficking. --D. (SBU) Legal barriers were removed on January 9 when the
anti-TIP law entered into force. In post's assessment there are no resource barriers to the GOB's efforts to combat TIP.
It is unclear what role corruption may play in dampening political will to combat trafficking. Though post has no
evidence of corruption, many observers believe that influential Bahraini figures benefit from trafficking and use their
connections to avoid enforcement efforts. --E. (SBU) The inter-ministerial task force continues to meet to monitor and
assess GOB progress on different fronts, however it rarely made available its progress reporting. The Labor Management
Regulatory Agency and the Ministry of Labor have made continual efforts to monitor and publish the number of laborers in
country, however, no other organizations do so.
4.(SBU) REFTEL Question 28 - Investigation and prosecution of traffickers. --A. (SBU) On January 9, 2008, Bahrain
enacted law number 1 of 2008 with respect to trafficking in persons. The law specifically prohibits trafficking in
persons for sexual and non-sexual purposes. The law defines trafficking in persons as "the recruitment, transportation,
transfer, harboring, or receiving persons, by means of threat or the use of force or other forms of coercion, abduction,
fraud, deceit, abuse of power or of position or any other direct or indirect unlawful means." Prior to January 9,
trafficking cases were prosecuted under laws pertaining to forced labor, unjustifiable withholding of salary, unlawful
holding of an employee's passport, assault, and forced prostitution. --B. (SBU) The new law does not differentiate
between purposes of trafficking; however trafficking of women, or persons under the age of 15 are considered aggravating
circumstances, as is te transmission of an incurable disease. Under te law, any individual convicted of any form of
tafficking faces a prison sentence of not less thanthree years and not more than 15 years, in additon to a fine of not
less than BD 2,000 (approximaely USD 4,530) and not more than BD 10,000 (apprximately USD 22,650). Sentencing under
aggravating circumstances is doubled, and increases the maximum prison sentence to life. Each corporate person convicted
of trafficking in the name of, on behalf of, or to the benefit of the chairman, a member of the board of directors, or
any other corporate official acting in their corporate capacity faces a fine of not less than BD 10,000 (approximately
USD 22,650) and not more than BD 100,000 (approximately USD 226,500), in addition to the cost of repatriating the victim
to their home c ountry. The GOB did not provide data on sex traffickers, or victims of trafficking by the March 1
deadline. According to press reports, the Lower Criminal Court convicted two Bahrainis and an Iraqi on charges of
coercing into prostitution several dancers at a Manama hotel through the use of threats and intimidation. All three men
received two-year prison sentences. --C. (SBU) The new law does not differentiate between purposes of trafficking. Under
the law, any individual convicted of any form of trafficking faces a prison sentence of not less than three years and
not more than 15 years, in addition to a fine of not less than BD 2,000 (approximately USD 4,530) and not more than BD
10,000 (approximately USD 22,650). Each corporate person convicted of trafficking in the name of, on behalf of, or to
the benefit of the chairman, a member of the board of directors, or any other corporate official acting in their
corporate capacity faces a fine of not less than BD 10,000 (approximately USD 22,650) and not more than BD 100,000
(approximately USD 226,500), in addition to the cost of repatriating the victim to their home country. Employers found
guilty of imposing forced labor on employees are subject to imprisonment of up to ten years and/or a fine. Court cases
against employers were rare because plaintiffs often could not afford legal representation and were frequently bar red
from other employment. The GOB did not provide data by the March 1 deadline on persons convicted of confiscating
workers' passports or travel documents, switching contracts without workers' consent, or withholding payment of salaries
as a means of keeping the worker in a state of service. --C (cont). (SBU) On January 1, new foreign labor regulations
took effect for government organizations. The regulations are scheduled to take effect for the private sector on July 1,
and for domestic workers in early 2009. Previously, the Ministry of Labor issued blank work permits to every registered
corporation. These permits, which did not identify a specific laborer, prohibited the employee from seeking other
employment without the employer's permission. Under the new regulations, the Ministry of Labor does not issue blank
permits to employers, but works with the employer, the job seeker, and other government agencies to issue a work visa
prior to the employee's arrival in country. Upon arrival, the LMRA registers the employee's biographic data to prevent
abuse or transfer of the visa. The work visa is transferable to a new employer. In addition, the LMRA charges employers
a monthly fee of BD 10 (USD 26.50) for each expatriate laborer in order to ensure continual reporting of expatriate
labor and to reduce the demand for expatriate labor. According to LMRA rules, this fee should not be passed down to the
laborer. As of February 11, 75 inspectors had been hired and had begun visiting employers to ensure compliance. --D. (U)
Rape of a female is punishable by a sentence of up to ten years in prison, and rape of a male can result in imprisonment
of up to seven years unless the male victim is under 17 years of age, in which case the perpetrator can be imprisoned up
to ten years. The penalties under the new trafficking law are more stringent, entailing both a fine and a prison
sentence of between three and 15 years. --E. (SBU) Current law criminalizes both prostitution and solicitation of
prostitution. The activities of procurers of prostitutes, such as pimps or brothel operators, are also criminalized.
Public Prosecution reported that the number of prostitutes jailed cannot be determined because in some cases the
prostitutes are considered victims. Nonetheless, Public Prosecution received 122 prostitution cases. Sentences for
individuals who "encouraged the practice of prostitution" varied between ten days and two years in prison. Sentences for
those who "managed an establishment for the practice of prostitution," ranged from three months to three years in
prison. --F. (SBU) The GOB had not responded by March 1 to post's request for statistics pertaining to convictions on
trafficking related offenses during the reporting period. In calendar year 2007, the Ministry of Labor transferred 821
labor cases against sponsors to the Public Prosecution for investigation and trial, however, no further information is
presently available to post. --G. (SBU) The GOB included a module devoted to trafficking in the eight-week training
course on international law given to newly-appointed public prosecutors. The GOB has encouraged its officials to
participate in trafficking related programs on how to recognize, investigate, and prosecute instances of trafficking. In
October, the International Organization for Migration (IOM) conducted a follow-up survey on the training it conducted,
using USG funds, with the GOB. To date, post has not received the IOM report. In cooperation with several GOB
ministries, IOM initiated a new capacity-building program that will, among other things, enable the GOB to monitor
trafficking cases on its own. --H. (SBU) The Ministry of Foreign Affairs has asked the embassies of sending countries to
inform it of any efforts they make to contact sponsors or mediate disputes between expatriate workers and their
employers. The MFA, GDNPR, Ministry of Justice and Islamic Affairs, and the Public Prosecution office work with the
Migrant Workers Protection Society and the embassies of some sending countries to facilitate mediation of labor
disputes. --I. (SBU) There are no known 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. --J. (SBU) There is no evidence available to post
of official government involvement in or tolerance of trafficking. However, in activist and expat labor circles there
are widespread rumors of unnamed officials providing Bahrainis with authorization to sponsor more expatriate workers
than they could reasonably employ. Expatriate laborers also report rumors that unnamed government officials in their
private capacities, like some other wealthy Bahrainis, have withheld domestic employees' passports and salaries. Some
reportedly engaged in the illegal practice of "selling" a visa to a worker for fees exceeding 1000 dinars ($2650). This
practice, referred to as "casual labor," allowed the worker who purchased the visa to seek employment illegally on the
open market. Employers who hired these workers were subject to fines if caught. However, because they could hire these
workers for less than workers hired through recruitment agencies, some reportedly accepted the risk. The Ministry of
Labor's system of acc ountability required that if a laborer left his/her sponsor, the sponsor was required to report
the laborer as a "runaway" and to pay a 100 dinar ($265) deposit, refundable upon repatriation of the worker.
Reportedly, after a "casual" worker's two year work permit validity expired, the worker would go back to the original
sponsor to "renew" his work permit by "buying" the visa again from the sponsor for a similar sum. --K. (U) No government
officials have been prosecuted for involvement in trafficking or trafficking-related corruption. --L. (U) Bahrain does
not contribute troops to international peacekeeping efforts. --M. (U)Bahrain does not have an identified child sex
tourism problem.
5.(SBU) REFTEL Question 29 - Protection and assistance to victims. --A. (SBU)The government opened a shelter for women
in 2006. Between April 1, 2007 and February 1, 2008, the shelter provided legal services for 45 expatriate women for a
variety of causes, the majority of which were beatings. In July, two women, one Ukrainian and one Russian, approached
the shelter seeking repatriation and relief from trafficking, which the shelter provided. Between August 1, 2007, and
January 31, 2008, the government granted an amnesty for all illegal laborers, whereby they could legalize their status
in Bahrain or return to their home country without having to pay fines normally levied for visa overstays. According to
the LMRA website, at the end of the amnesty, 12,897 workers returned to their home countries, while 43,445 chose to
remain in country either by transferring their visa to a new employer (29,804) or renewing an expired visa (13,641). The
press reported slightly higher figures. MWPS volunteers told poloff that during the amnesty, in two cases, they saw
sponsors go to the queue in front of the GDNPR office, locate "their" runaway workers, and physically prevent them from
registering for the amnesty. MWPS and the media reported that some employers did not grant their employees time off to
register. --B. (SBU) There are several shelters for trafficking victims, especially women. There are no reports of
internal trafficking. The government runs its own large shelter that provides services for victims of trafficking
victims and of domestic abuse. The MWPS maintains a small shelter for women, and many of the sending countries maintain
shelters for their nationals. The government shelter, financed by the Ministry of Social Development, reported providing
legal services to 45 expatriate women. The government shelter reportedly referred some victims to the hospital for
medical treatment, and to a social worker for psychological services. Post was unable to obtain statistics from the
embassies or from the MWPS shelter. The MWPS shelter relies upon community donations for its operation. --C. (SBU)
Although it permits NGOs that serve migrant workers to operate freely in Bahrain, the GOB does not provide funding or
other forms of support to foreign or domestic NGOs for services to trafficking victims. --D. (SBU) A short module on
trafficking is included in the initial training for prosecutors and police officers. According to the Public Prosecution
office, police officers attempt to identify prostitutes as victims. In most cases victims were given temporary shelter
by the police, or taken to the MWPS shelter while the case underwent a preliminary investigation. In cases of physical,
sexual, or psychological abuse, the police referred the case to the government-run shelter. In cases where there was an
indication of misconduct on the part of the expatriate worker, the worker was held in detention before being deported.
The government did not provide statistics on numbers of victims to post before the reporting deadline of March 1. --E.
(U) Bahrain does not have legalized prostitution. --F. (SBU) Trafficking victims were not fined or imprisoned unless
they were found guilty of an immigration violation or suspected of a crime such as theft or prostitution. Workers who
were no longer employed by their sponsor, but who pursued work illegally as "casual" laborers, were detained while being
processed for deportation. According to the Ministry of Labor, it did not normally detain workers longer than 48 hours,
but detention lengths reportedly varied. According to MWPS, workers who left their employers were frequently charged
with running away, and imprisoned for two weeks for being deported. --G. (SBU) The GOB does not actively discourage
workers from pursuing legal action against employers. The GOB reportedly facilitates contact with lawyers, but NGOs
report that workers rarely have the money to hire quality attorneys. Immigration officials often adjust residence and
sponsorship requirements to enable expatriate victims to work for employers other than their sponsors so that they may
support themselves during the legal process. MWPS representatives reported that it no longer encouraged victims of abuse
to seek restitution through the court system due to the length of court cases. MWPS has experienced higher levels of
success working in conjunction with source country embassy staffs to negotiate settlements with sponsors. Such
settlements often included back-payments of salary, repayment of recruiting fees, release of passports and/or
sponsorship, and repatriation. --H. (U) Reference paragraph 4B. --I. (SBU) Prosecutors and police officers undergo a
training module on trafficking as part of their initial training. Post is not aware of any further special training. The
GOB had not responded to all reftel questions before the March 1 reporting deadline. --J. (U) Post is unaware of any
Bahraini nationals that are victims of trafficking. --K. (SBU) The International Organization for Migration occasionally
works with trafficking victims in Bahrain, however most of its work has been to provide training, capacity building, and
awareness campaigns. In this capacity, the GOB has offered to provide training space, conference space, and support
design and printing of awareness materials. Neither the GOB nor IOM provided any additional information to post
regarding this question by the March 1 deadline.
6. (SBU) REFTEL question 30 - Prevention. --A. (SBU) The GOB acknowledges that trafficking is a problem in the country,
and a senior Foreign Ministry official presented a speech at the Vienna Forum to Fight Human Trafficking in February,
2008, outlining Bahrain's efforts to combat trafficking. --B. (U) The Labor Management Regulatory Authority has
initiated an education campaign for both employers and incoming labor. The campaign focuses on how employers and
employees can ensure the legality of their employment on the LMRA website. On May 29, 2007, the Ministry of Social
Development and the Ministry of Foreign Affairs, in cooperation with IOM, organized a symposium entitled, "Trafficking
in Persons: A Global and Local Perspective." --C. (SBU) There was some official coordination between the GOB and civil
society concerning trafficking. At the GOB's request, the director of a non-governmental domestic violence center
initially managed the government shelter; however, she withdrew from its management shortly after it opened. The GOB has
since attempted to recruit other NGOs to run the shelter; none have accepted the offer for a variety of reasons. The
MWPS has developed an adequate network to assist victims. The Ministry of Interior occasionally contacted the MWPS when
the police identified victims needing assistance. Embassies also contacted MWPS for assistance with victims. The MWPS
received no direct GOB funding, although some Bahraini officials have contributed to the group on an individual basis in
connection with its annual fundraising dinner. --D. (SBU) Under the new LMRA regulations, immigrant workers are screened
and biometrically registered upon entry into Bahrain. --E. (SBU) The inter-ministerial task force coordinates GOB
action. The GOB does not have a public corruption task force. Issues of corruption are addressed publicly by periodic
government audit reports, Members of Parliament, and by an NGO, the Bahrain Transparency Society. In addition, the new
LMRA regulations require cooperation between various internal agencies, including the Ministries of Labor, Interior, and
Foreign Affairs, the GDNPR, and the Central Infomatics Organization before a work visa can be issued. --F. (SBU) The GOB
had not responded to post's query by the March 1 deadline. As post reported last year, member ministries of the
anti-trafficking task force formulated a national plan of action that includes legislation, a shelter, a trafficking
database, phone hotlines, and outreach, among other items. NGOs were not consulted in the process. The plan is an
internal document and has not been made public in its official form.
7.(U) REFTEL Question 31 - Heroes. --A. (U) Post recommends Marietta Dias and the Migrant Workers Protection Society as
a trafficking Hero. The Migrant Workers Protection Society is comprised of 38 volunteer members, almost entirely
expatriates. The MWPS maintains a small shelter for trafficking victims, and works hard to get the press to publish
victims' stories and raise awareness of their plight. MWPS is sure to attend any function where migrant labor is the
focus of discussion. It assists laborers in court, facilitates mediation between workers and their sponsors, and
educates workers about their rights in Bahrain. It also works with employers to improve working conditions for migrant
laborers. --B. (U) As the head of its action committee Marietta Dias is the face of the MWPS. Ms. Dias, an Indian
retiree with no formal training in social work or counseling, works tirelessly to care for migrant laborers from any
country. Ms. Dias coordinates her work with embassies, GOB agencies, and welfare groups to seek justice or repatriation
for workers. She has worked with many international NGOs to learn more and better ways of improving the treatment of
migrant laborers, as well as to increase international awareness of Bahrain's migrant labor force.
8. (U) REFTEL question 32 - Best practices. Post believes that the combination of the new trafficking law and the new
LMRA system for issuing work visas provide a legal framework conducive to discouraging trafficking and reducing the
demand for migrant labor. LMRA officials admit that its system of biometric controls and increased fees for work visas
is aimed at reducing Bahrain's reliance on expatriate labor and encouraging employers to hire Bahraini employees. This
reduction in demand, in combination with stiff penalties on traffickers, could reduce the incidence of trafficking.
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