2007 Trafficking in Persons Report - Center for Women Policy Studies

S P E C I A L C A S E S
Government Efforts. While Barbados has no law
specifically prohibiting human trafficking, existing
statutes against crimes such as pimping, pandering,
illegal immigration, and forced labor could be used
to prosecute trafficking. The government has investigated
and initiated prosecutions against a small
number of alleged traffickers, but there have been
no convictions to date. In December, a Barbadian
race car driver was charged with “exercising control
of movement” of two Ukrainian women in prostitution
and withholding their passports, as well as
pimping and living off the proceeds of prostitution.
The magistrate responsible for the case dropped the
charges because the two victims had already been
deported. However, the government continued to
prosecute a 2005 case against a local construction
company for allegedly trafficking 14 Indian laborers
to work on infrastructure improvements.
Anti-trafficking training would assist government
officials and law enforcement personnel to identify
victims and to provide support. The government
is also taking steps to increase public awareness
of human trafficking. The Office of Gender Affairs
broadcast several public service announcements to
prevent trafficking during the reporting period.
Immigration officials do not formally screen
undocumented foreigners before deporting them,
but there is no substantiated evidence that any
deportees were trafficked. Barbados provides no
legal alternatives to the removal of foreign trafficking
victims to countries where they may face
hardship or retribution, but there is no evidence
that any trafficking victims were deported to such
countries during the reporting period. Barbados has
not yet ratified the 2000 UN TIP Protocol.
BRUNEI
Brunei remains a special case for a second consecutive
year because the lack of reliable data makes
it unclear whether there is a significant number
of victims in the country. The presence of large
numbers of legal migrant laborers in the country
that may face conditions of involuntary servitude
raises concerns that there may be a significant
number of trafficking victims.
Government Efforts. The Government of Brunei
vigorously enforces immigration and labor codes.
The government demonstrated some efforts to
combat trafficking in persons; however, it often
relied on administrative rather than criminal penalties.
The Government of Brunei prohibits sex and
labor trafficking in its Trafficking and Smuggling
Persons Order of 2004; however, there have never
been any prosecutions under this order. Labor cases,
such as contract switching and non-payment of salaries,
are usually tried under the Labor Act. Penalties
for commercial sexual exploitation are commensurate
with those for rape. The 2004 Trafficking and
Smuggling Order prescribes sentences of up to 30
years’ imprisonment, which is sufficiently stringent.
The Labor Act prescribes penalties for labor trafficking
of up to three years’ imprisonment, which is not
sufficiently stringent. The enforcement section of
the Department of Labor recorded 72 complaints by
domestic helpers and 288 complaints by corporate
and garment workers against employers who failed
to pay salaries. The majority of these complaints
were resolved through mediation. Local media has
published reports of Brunei employers receiving
administrative penalties — largely fines — for failure
to pay wages. It is not clear whether any of these
were investigated as trafficking cases. There were no
reports of government or law enforcement complicity
in trafficking during the year.
The Government of Brunei made some small efforts
to protect trafficking victims. It offers shelter and
other services for foreign victims when identified.
While there are no foreign NGOs or international
organizations in Brunei to provide victim support,
the embassies of several labor source countries
provide shelter, mediation, and immigration support
services to their nationals. The government encourages
victims to assist in investigations as witnesses.
In one case that the government recognized as
trafficking during the reporting period, the government
encouraged the victims to participate in the
investigation of the trafficker, but they refused.
Under Brunei’s anti-trafficking order, the government
may provide temporary residence and work permits
to persons identified as trafficking victims. Police and
prosecutors have an ongoing, if limited, program to
improve their skills in identifying victims of trafficking
among vulnerable populations.
S P E C I A L C A S E S
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Scope and Magnitude. Brunei is a destination
country for men and women who migrate
legally from Indonesia, Malaysia, the Philippines,
Bangladesh, and Thailand for domestic or lowskilled
labor. A small but unknown number may
be subjected to conditions of involuntary servitude
after arrival. Victims may suffer conditions including
non-payment of wages, confinement to the
home and contract switching. In part due to its
small size and vigorous enforcement, Brunei has a
small trafficking challenge.
The Government of Brunei has not conducted
public awareness campaign programs on trafficking,
although it did conduct training for law enforcement
officials on its anti-trafficking legislation.
Brunei has not ratified the 2000 UN TIP Report.
HAITI
Haiti has been in transition since widespread
violence and political instability led to the resignation
of former President Jean-Bertrand Aristide in