Combating Human Trafficking in Bahrain
The US Department of State has recently issued a report on trafficking
in persons, which covered countries all over the world. Bahrain
and some other Gulf states received considerable attention because
they host large numbers of foreign workers, a fact that makes the
issue of human trafficking rather blurry and hard to pin point correctly
and therefore raises the possibility of countries receiving an unfair
negative categorisation.
Sources of concern
According to the report the Government of Bahrain does not fully
comply with the minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. It also added
that the Government did not show evidence of its overall increasing
efforts to address human trafficking over the previous reporting
period; therefore, Bahrain is placed on the Tier 2 Watch List for
the second consecutive year.
The report also stated that the Government made limited efforts
to prosecute and punish the perpetrators of forced labour and sex
trafficking during the reporting period, and that there was no indication
that the Government took steps to institute a formal identification
procedure for trafficking victims. In addition to the absence of
referral mechanisms which provide foreign victims with legal alternatives
to their deportation to countries where they faced hardship or retribution.
The report also stated that even though the Government’s funded
shelters began accepting female trafficking victims in 2012, trafficking
victims continue to be susceptible to arrest, detention, and deportation
for offenses directly related to being trafficked. Despite past
commitments, the Government’s migrant worker sponsorship—or “kafala”—system
was not abolished and continues to give employers inordinate power
over foreign workers and contributed to forced labour and debt bondage.
Recommendations for Bahrain
The report recommends that Bahrain enforce the 2008 anti-trafficking
law, and significantly increase the investigation and prosecution
of trafficking offenses—particularly those involving forced labour—including
convictions and punishment of offenders. It also recommends that
the Government actively enforce labour law protections for domestic
workers and to reform the sponsorship system in order to eliminate
obstacles to migrant workers’ access to legal recourse for complaints
of forced labour. The report also stated that Bahrain should institute
and apply formal procedures to identify victims of trafficking among
vulnerable groups, such as domestic workers who have fled from abusive
employers and women in prostitution.
It also recommends that the Government institutes a formal victim
referral mechanism for law enforcement and that Government officials
refer identified victims to protection services. Also, to ensure
that identified victims of trafficking are not punished for unlawful
acts committed as a direct result of being trafficked, such as illegal
migration or prostitution. The report also recommends that the Government
expands its shelters to protect all victims of trafficking, including
victims of forced labour and male victims of trafficking. Finally,
it recommends that the Government ensures that the shelter staffs
receive anti-trafficking training and speak the languages of the
expatriate workers. As well as to continue to publicly raise awareness
of trafficking issues in the media and other outlets for foreign
migrants, specifically domestic workers, in their native languages.
Government efforts
|
The Undersecretary of the Ministry of Foreign Affairs,
Ambassador Abdulla Abdullatif Abdulla |
The Bahraini Government seems to be duly concerned by human trafficking
and has established a national committee in order to address this
problem. This Committee includes Government officials and non- Governmental
bodies, and is chaired by Ambassador Abdulla Abdullatif Abdulla.
The American report concluded that the low number of cases that
were referred to courts and tried indicates the Government’s failure
to comply with the minimum standards for the elimination of trafficking.
But according to the Government officials, many cases were recorded
but not followed up because the victims tend to change their testimonies
in court for fear of losing their jobs or deportation.
With regards to the number of cases which were referred to courts,
Bahraini authorities have recorded four cases in 2012 and two cases
in 2013. In March 2013, four offenders, one of whom was a policeman
were prosecuted for the trafficking of two female dancers and were
sentenced to three to five years in prison. The policeman was sentenced
to five years imprisonment and fined five thousand Dinars and the
dancers were returned to their countries. In another case, two foreigners
were found guilty of human trafficking, sent to jail and then deported
after completing their sentences.
In June 2013, an Asian woman was also sentenced to ten years
in prison, fined five thousand Dinars and then deported for forcing
a woman into prostitution.
The Public Prosecutor Wael Bu A’alay said that human trafficking
cases in Bahrain does not constitute a phenomena and stressed the
need for a law that regulates demotic workers. The Ministry of Foreign
Affairs (MOFA) and the International Organisation for Migration
organised a workshop on ‘National Capacities Building and increasing
awareness on Combating Trafficking in Persons’. During this workshop
the Undersecretary of the Ministry of Foreign Affairs and The Chairman
of the National Committee for Combating Human Trafficking, Ambassador
Abdulla Abdullatif Abdulla , highlighted Bahrain’s achievements
in the field of combating Trafficking in Persons. He stated that
Bahrain is keen on adhering to its national and international obligations
towards combating human trafficking through building of national
capacities, spreading awareness and allowing workers to move without
the consent of their employers. He also added that the National
Committee has set up many programmes to improve its performance,
including: launching a hot line, providing psychological support
and providing shelter centres for victims. Also, the Labour Market
Regulatory Authority’s organised an online awareness campaign, which
explains the rights of the workers in different languages. The Government
also broadcasts news and programmes on the issue in the state media
in different languages and has increased the number of inspectors.
The UN representative of the International Organization for Migration,
Sara Craggs said that the workshop was a testament to the commitment
of the Kingdom of Bahrain to combating human trafficking, adding
that the country has made positive steps in this regard. The UN
expert Professor Mohammed Mattar said that the workshop discussed
putting into place a national plan to combat trafficking based on
legal pursue, protecting victims, precautions procedures, social
participation and outlining clear roles for civil society.
|