The Tribune

By AVA TURNQUEST

Tribune Staff Reporter

aturnquest@tribunemedia.net

UN SPECIAL Rapporteur Joy Ngozi Ezeilo yesterday urged the government to implement a national action plan to combat human trafficking given the high level of migration to the country.

Echoing concerns raised in a US State Department report earlier this year, Ms Ezeilo criticised the government for not having statistical data about the scale of trafficking in the country, and a uniform policy on the identification of victims.

At the end of the first visit by an independent expert from the UN Human Rights Council to the country, Ms Ezeilo expressed fears over the high risk of trafficking victims being criminalized due to rapid processing and repatriation of illegal migrants.

“Given the influx of migrants I have the fear that it is possible that trafficked persons might be arrested as migrants, detained and deported without any opportunity to be identified.

“My fear is heightened,” she said, “by the fact that there is capacity gaps in terms of ability for accurate and quick identification of victims.”

And she added: “These are challenges that must be addressed if the government is to succeed and effectively combat trafficking in persons.”

Pointing to the high demand for cheap domestic labour, and reports of labour exploitation of migrants, Ms Ezeilo urged the government to implement a policy to create safe and legal migrant opportunities through bilateral cooperation with countries in the region.

Paired with the “prevailing social fabric”, Ms Ezeilo said the demand may contribute to increased vulnerability of persons to trafficking.

“The phenomenon of trafficking is still insidious, complex and underground in The Bahamas, unlike the cases of migrant smuggling that is open and well reported by the media,” Ms Ezeilo said.

“Trafficked persons, their passports are usually confiscated by the trafficker and (victims) are forced to work. In order to control (victims), they confiscate their travel documents and force them to work and keep them in debt bondage.”

Ms Ezeilo called for consistent and continual training throughout the relevant public sectors; a national base line study, preferably conducted with an independent research institute; a comprehensive data collection mechanism; enhanced coordination with government agencies and civil society; and comprehensive victim assistance, to include psycho-social support and resident status to allow for gainful employment.

Ms Ezeilo’s assessment echoes concerns lodged by the US State Department in its 2013 Trafficking in Persons Report.

Released in June, the Bahamas was given a “Tier 2” classification as a destination, source, and transit country for men, women, and children subjected to forced labour and sex trafficking.

The Bahamas was upgraded from Tier Two Watch to a Tier Two status – having been listed as a Tier Two Watch country since 2011.

The US report noted that while the government was making significant efforts, the country does not comply fully with the minimum standards for the elimination of trafficking.

Yesterday, Ms Ezeilo acknowledged that the government has demonstrated a willingness to combat the growing phenomenon.

She added that she felt the country could become a model for other countries in the region if current efforts are continued.

“People are not really aware and there is a lot of confusion on irregular migration and trafficking,” she said.

Ms Ezeilo said: “The Bahamas has met international standards because the law is comprehensive, I am satisfied with the law. But then I want to see the law in action, I want to see the law implemented, and I want to see the law work for victims of trafficking so that they can get required protection and assistance from the government.”

However, she urged the government to ratify optional protocol under the UN convention on the rights of the child, on the sale of children, child prostitution and pornography.

She also called for the ratification of the International Labour Organization’s convention on decent work for domestic workers, and protections for rights of migrant workers and their families.

While the US report commended the government’s first prosecution under the human trafficking law, it pointed out that there has yet to be a reported conviction of a trafficking offender.

A landmark case is now being tried in the Magistrate’s Court, in which a Jamaican woman is accused of the “trafficking of a person”, “unlawful withholding of papers”, and “transporting a person for the purpose of exploiting such person for prostitution”.

Sexual exploitation is the most prevalent form of trafficking in The Bahamas, according to Ms Ezeilo, who yesterday revealed that she met with alleged trafficking victims currently under state protection.

During her three-day visit, Ms Ezeilo said she held high-level meetings with government officials in New Providence, and Grand Bahama, including the government’s task force and national committee. Ms Ezeilo also visited migrant detention centres.

Last night, Nicolette Bethel, head of the Department of Psychology, Sociology & Social Work at the College of The Bahamas, expressed disappointment that the academic community was not invited to contribute during the observer visit.

Dr Bethel pointed out that the most comprehensive study to date on the status of the Haitian migrant community in The Bahamas was conducted by the College in collaboration with International Organization for Migration.

Ms Ezeilo is expected to present her final observations and recommendations to the UN Human Rights Council in June 2014.