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TITLE: THE BAHAMAS HUMAN RIGTHS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
THE BAHAMAS
The Bahamas is a constitutional, parliamentary democracy and a
member of the Commonwealth of Nations. Queen Elizabeth II is
the nominal Head of State and is represented in The Bahamas by
an appointed Governor General. The Government is headed by an
elected Prime Minister and Parliament. Since 1992 the
Government has been controlled by the Free National Movement
(FNM) of Prime Minister Hubert A. Ingraham. The opposition
Progressive Liberal Party is led by Sir Lynden 0. Pindling, who
was Prime Minister from independence in 1973 until 1992.
The police and a small defense force are answerable to civilian
authority and generally respect laws protecting human rights.
However, there were continuing credible reports that police
occasionally abuse suspects during interrogations. Many of the
allegations involved members of the Criminal Investigations
Department (CID), which is also the body charged with
investigating such cases. CID issued no public reports of such
investigations during 1993.
The economy depends primarily on tourism, which accounts for
more than half of the gross domestic product. Financial
services, particularly offshore banking and trust management,
are also important foreign currency earners. While some
Bahamians enjoy relatively high average income levels, overall
unemployment is estimated to exceed 20 percent, and there is
considerable underemployment and some poverty.
Bahamians enjoy a wide range of democratic freedoms and human
rights. As in past years, the principal human rights problems
were police abuse of detainees, harsh and overcrowded
conditions at the only prison, abuses against Haitians caused
by local antagonism toward the Haitian migrant community,
violence against women, and the slow pace of justice. The
Government established a coroner's court in 1993 to conduct
independent investigations in cases where criminal suspects die
while in police custody and for other deaths in unusual
circumstances. Only one prosecution on the basis of alleged
police abuse commenced during 1993, that of three police
officers charged with a beating death in 1989.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of killings for political motives by the
Government or domestic political groups. Three police officers
from the island of Eleuthera were placed on trial on charges of
manslaughter arising from the 1989 beating death of a criminal
suspect at the time of arrest. At year's end, this trial had
not been completed. The Government established a coroner's
court in 1993 to investigate deaths of suspects in police
custody and accidental deaths involving unusual circumstances.
There were no such deaths reported in 1993. Most Bahamian
police still do not carry firearms, although several were shot
during attempted arrests in 1993.
b. Disappearance
There were no reports of abductions, secret arrests, or
clandestine detention by police or other official security
forces.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and other cruel and
degrading treatment or punishment, but Bahamian human rights
monitors expressed concern over a pattern of police abuse
against criminal suspects. The police Criminal Investigation
Department is charged with investigating allegations of abuse
and disciplining those officers determined to be guilty. Many
of the charges of abuse, however, involved CID officers
themselves who allegedly beat criminal suspects, occasionally
with instruments such as baseball bats, during interrogations
in an effort to extract confessions. In one incident being
investigated by the Grand Bahama Human Rights Organization, a
criminal suspect in Freeport claimed to have been cut with
garden shears during an interrogation. Charges by a Jamaican
attorney that he had been beaten by Bahamian immigration
officers at Nassau International Airport in December led to an
official protest by the Jamaican Government.
Although Bahamian police claimed to be investigating many of
these incidents, no reports of such investigations were
published during 1993, nor were any police officers tried or
disciplined for such abuse. In at least one incident, an
alleged victim of such abuse reported being harassed after
release from custody by the officer he accused.
Conditions at Fox Hill, The Bahamas' only prison, remain harsh
and overcrowded. The men's facility, originally built in 1953
to house about 500 inmates, holds over 1,800 prisoners. Up to
four male prisoners may be housed in 6- by 8-foot cells
designed to hold no more than two. Most prisoners lack beds
and many sleep on concrete floors. The cells have no running
water, and drinking water is often not supplied unless the
prisoner has paid a trusty. Sanitation facilities usually
consist of a plastic bucket in each cell. A public
investigation in June into the 1988 death of a Fox Hill
prisoner highlighted the problem of poorly controlled violence
among prison inmates. Prisoners allege that requests for
medical attention are sometimes denied. Prison authorities
often decline to forward prisoners' letters, including letters
to the courts by prisoners defending themselves.
The Grand Bahama Human Rights Association conducted a limited
inspection of conditions at Fox Hill in May. On two separate
occasions, diplomats and Bahamian journalists were allowed to
make comprehensive, unsupervised visits. The journalists'
subsequent articles, accompanied by photographs of prison
conditions, received wide coverage in the local press, and the
Ingraham administration appointed a new superintendent and
senior deputy superintendent at Fox Hill. In September the
Government transferred oversight of the prison from the
Ministry of Justice to the Ministry of Public Safety and
Transport. Improvements in prison conditions, however, still
await the availability of adequate government funding.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention.
Authorities conduct arrests openly and, when required, obtain
judicially issued warrants. Felony cases, including those of
suspected narcotics or firearms possession, however, do not
require warrants where probable cause exists. Suspects under
arrest appear before a magistrate within 48 hours (or by the
next business day for cases arising on weekends and holidays)
to hear the charges against them. At this point they generally
gain access to an attorney of their choice. The Government
respects the right to a judicial determination of the legality
of arrests, but Bahamian law allows no compensation for false
arrest. It is possible to sue police authorities for malicious
arrest but the standard of proof is high and there are no
recent reports of successful suits on this ground.
A system of bail exists, albeit mostly for Bahamian suspects,
as foreign offenders are generally considered to be likely to
flee if granted bail. Judges sometimes authorize cash bail for
foreigners arrested on minor charges, but generally prefer to
levy fines in exchange for guilty pleas. The Government is
obligated to provide legal representation only to destitute
suspects in cases involving capital crimes. Illegal migrants,
mostly Haitians, have the right to retain legal representation,
although not at government expense, but are generally held at
Fox Hill prison pending deportation unless they can arrange
private means for their repatriation. As a result, illegal
migrants may be held at Fox Hill for weeks or months while
awaiting repatriation.
e. Denial of Fair Public Trial
The justice system in The Bahamas derives from English common
law. The judiciary is independent, appointed by the executive
branch on the advice of the Judicial and Legal Services
Commission, and conducts fair and public trials. Defendants
enjoy the presumption of innocence and the right to appeal.
However, the overburdened judicial system must handle a rapidly
increasing caseload, most of it related to narcotics, which
often results in excessive pretrial detention and prison
overcrowding; it can often take as long as 2 years from time of
arrest to eventual conviction or acquittal.
In 1993 the Government constructed new magistrates' courts on
New Providence Island and announced plans to appoint additional
magistrates to help reduce the case backlog. The Government
and the Grand Bahama Port Authority also constructed a building
to house four magistrates courts and a Supreme Court in
Freeport, the latter to be the first court at that level to be
located outside Nassau. Public and private sector attorneys
participated in a study of the judicial system, which developed
recommendations for improving court efficiency. The Ministry
of Justice and the College of The Bahamas began planning for a
1994 course to train additional court reporters, the short
supply of whom has contributed to the case backlog.
There are no political prisoners in The Bahamas.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary entry, search, or
seizure. A court order is usually required for the entry into
or search of a private residence, but a police inspector or
more senior police official may authorize the search of a
residence without a court order where probable cause of a
weapons violation exists. Such an official may also authorize
the search of a person (which extends to the vehicle in which
the person is traveling) without a court order should probable
cause exist for drug possession. Aside from restrictions on
prison mail, the Government neither censors mail nor restricts
receipt of foreign correspondence or publications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for the right of free expression and
that right is respected in practice. The political opposition
freely and frequently criticizes the Government. Three daily
and three weekly newspapers, all privately owned, express a
variety of views on issues of public interest, including
varying degrees of criticism of the Government and its policies.
Foreign newspapers and magazines are readily available.
Reporters occasionally self-censor stories about government
fraud, corruption, and moral turpitude due to the threat of
libel suits under laws unchanged since the nineteenth century.
In March an election court consisting of two Supreme Court
justices issued a "contempt of court" verdict against the
publishers of two newspapers for printing a letter to the
editor highly critical of the election court's reversal of the
result of a close House of Assembly race in the 1992 general
elections. The justices assessed $1,000 fines against both
publishers.
In August the Government issued radio broadcasting licenses to
two private companies, one associated with the afternoon daily
The Tribune and the other with the weekly Bahama Journal and a
trucking company, thereby ending the state monopoly on radio
broadcasting since independence. Opposition politicians
claimed that the companies receiving broadcasting licenses were
sympathetic to the ruling FNM; the Government, while indicating
it might issue additional licenses for local broadcasting,
claimed it needed to limit the number of private nationwide
radio stations in order to maintain the economic viability of
the state-run network. Florida radio stations are easily
received in most of The Bahamas, but a Bahamian law forbids the
use of foreign radio or television to broadcast Bahamian
election advertisements.
The sole television broadcaster in The Bahamas, the state-owned
station ZNS, presents a variety of views, although opposition
politicians claim with some justification that their views do
not receive as extensive coverage as those of the Government.
Prior to the 1992 election, however, the then-ruling PLP also
received far more television coverage than did its critics.
The Government announced that by August 1994 it would issue a
permit for a private company to provide cable television
service in Nassau; such service is already available in
Freeport.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights to free assembly and
association. These rights are respected in practice. Private
associations are permitted, but groups must obtain permits to
hold public demonstrations. Such permits are freely granted.
c. Freedom of Religion
Freedom of religion is guaranteed by the Constitution and
respected in practice; no restrictions are placed on any
religious denomination.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Bahamians and residents of The Bahamas enjoy free movement
within the country, and Bahamians face no impediments to
foreign travel or emigration. The Government liberally grants
passports to its citizens.
Although Cuban asylum seekers are officially regarded as
illegal immigrants and are occasionally held in prison or at
other official facilities until a third country arranges to
admit them, the Government in most instances works with private
groups to arrange temporary housing. Opposition politicians
charged that the Government's willingness to make such
arrangements for Cubans whose intended third-country
destination was the United States constituted discrimination
against Haitian migrants. The Bahamas is reluctant to accept
Cuban migrants for long periods of time, however. On several
occasions, Bahamian authorities have initially declared their
inability, due to shortage of operational craft, to assist
Cuban rafters stranded on isolated small islands in The Bahamas.
The presence of an estimated 30,000 to 40,000 Haitian migrants
in The Bahamas remained a volatile social, economic, and
political issue. According to United Nations High Commissioner
for Refugees (UNHCR) officials, who interview the refugees to
determine their status, relatively few qualified as legitimate
refugees. In January the Government repatriated 339 Haitians
under the auspices of the UNHCR. In May authorities conducted
raids on Abaco and Eleuthera Islands, rounding up over 400
Haitians. Church and human rights officials criticized the
Government for conducting some of the raids at night, for
refusing to allow some Haitians to collect their belongings,
and for causing the separation of many Haitian children from
their parents. These officials further criticized the
Government for conducting the raids without having prepared
adequate housing for the captured illegal immigrants. Several
hundred detainees were housed on an emergency basis by the
Roman Catholic Church in an abandoned convent in Nassau after
they were originally sent to a government building with no
sleeping or sanitary facilities.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Bahamas is a constitutional, parliamentary democracy with a
multiparty political system, governed by an elected Prime
Minister and Parliament. The political process is open to all
elements of society, and citizens 18 years of age and older are
eligible to register and vote. In the 1992 elections, slightly
over 92 percent of registered voters cast valid ballots.
Registration is on a nonparty basis. The two principal
political parties are the ruling Free National Movement (FNM)
and the opposition Progressive Liberal Party (PLP). The PLP
led the country for 6 years of internal self-government from
1967 to 1973, and held power under Prime Minister Sir Lynden 0.
Pindling from independence in 1973 to 1992.
Since the 1992 general elections, the FNM under Prime Minister
Hubert A. Ingraham has held 32 of 49 seats in the House of
Assembly, while the PLP holds 17. In May The Bahamas Court of
Appeals overturned an earlier Supreme Court ruling that would
have permitted a parliamentarian defeated for reelection in
1992 to appeal his loss via the election court. The decision
left the composition of Parliament unchanged. The Cabinet has
3 female members, and 4 women were elected in 1992 to the
49-member House of Assembly. One of the four was a
parliamentarian later elected Deputy Speaker of the House.
Under the Constitution, the next general elections must be held
before August 1997.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Four local human rights groups operate in The Bahamas: the
Grand Bahama Human Rights Organization, the New Providence
Human Rights Organization, the Abaco Human Rights Organization,
and the National Association for the Protection of Human Rights.
These organizations operate freely and report without
government restriction on alleged human rights violations. No
international human rights organization sought to visit The
Bahamas to investigate human rights conditions during 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution provides for individual rights and freedoms
regardless of race, place of origin, political opinion, creed,
or sex, and this policy is generally respected in practice.
Women
The Constitution differentiates between the sexes in that it
does not provide Bahamian women the ability to bestow
citizenship upon their foreign-born spouses. Additionally,
nationality laws confer citizenship more easily on the children
of Bahamian men than on those of Bahamian women in marriages
involving two nationalities. The FNM pledged in its party
platform to "accord non-Bahamian spouses of Bahamian women the
same privileges as those afforded the spouses of Bahamian men,"
but as of year's end had not introduced legislation to carry
this out.
Women participate fully in Bahamian society and are well
represented in the business and professional sectors, as well
as in the judiciary and in government. Women's rights
activists, however, claim that the scarcity of public and
private child care facilities, particularly important in a
society with a high proportion of single mothers, discourages
many women from entering the work force,
Domestic violence against women continued to be a problem, with
independent women's support groups reporting that many women
sought shelter at the private, but government-supported,
Women's Crisis Center in Nassau. Women may have their cases
heard in a closed domestic court and may seek a restraining
order against an abusive spouse. In the case of an abusive
male companion, however, women can only obtain a magistrate's
order for their protection, which carries less legal force than
a restraining order. Women's rights groups speak freely on
ways to improve the condition of women and children, including
safeguarding their physical safety. In September the Ministry
of Justice cosponsored with private women's groups a conference
aimed at devising a national policy statement on women's
rights. The conference concluded that an important first step
would be the development of better statistics documenting the
status of women in Bahamian society.
Children
Since independence, both major political parties have been
committed to defending the rights of Bahamian children and
improving child welfare and education. In 1993, at a time of
fiscal austerity, the Government placed priority on maintaining
adequate expenditures in these areas. One of the few areas to
receive a modest increase in government expenditure was youth
and education, with particular emphasis on efforts to improve
physical conditions in the nation's schools. According to the
Women's Crisis Center, however, child abuse and neglect
continued to be serious problems. In 1992 the Center reported
206 cases of sexual abuse of minors, and the frequency of such
reports increased during 1993. Women's and children's rights
monitors said that far more cases of abuse were not being
reported, although a public education campaign mounted in
1992-93 by the Women's Crisis Center resulted in increased
calls to the Center's telephone "hot line."
National/Racial/Ethnic Minorities
Approximately 85 percent of the Bahamian population is
primarily of African descent, with the rest mostly of either
European or mixed descent. Since independence, both black and
white Bahamians have been well represented in Government, the
civil service, and private business. Although opposition
politicians occasionally charge that the business community
continues to be dominated by white Bahamians, the number and
size of black Bahamian-owned businesses continue to grow
steadily and they probably constitute a majority of business
activity. Black and white Bahamian business leaders no longer
appear to regard themselves as representing separate interest
groups. On several occasions in November and December, former
Prime Minister and opposition leader Pindling called on
Bahamians to boycott white-owned businesses, claiming that
black businessmen were still at a competitive disadvantage.
Pindling's comments drew wide criticism, and no boycott or
change in business patterns developed.
Many Haitians in the Bahamas are illegal immigrants and face
economic and social deprivation. Although they provide a ready
supply of cheap labor and fill jobs which most Bahamians shun,
illegal immigrants are subject to detention and deportation at
any time. Children born in The Bahamas to illegal immigrants,
if not registered by the country of their parents, are
considered stateless until they become eligible to apply for
citizenship at the age of 18. Although they are eligible
nevertheless for free public education, there were reports of
some children of Haitian illegal immigrants being denied entry
to public schools in islands other than New Providence because
of limited school facilities. There is no instruction in
Creole or in English as a second language in the Bahamian
school system. Many Bahamians, including some government
officials, view the growing Haitian population as unwelcome
guests who are a drain on the economy and who deserve no
constitutional rights.
To work legally, foreigners, including Haitians and a growing
number of Jamaicans, must obtain work permits through their
employers. Even longtime residents of the Bahamas must renew
these permits annually, at a cost of at least several hundred
dollars per year, and can have renewal applications arbitrarily
denied. If employment is terminated for any reason, the work
permit becomes invalid and the foreigner loses his or her legal
status. Work permits granted to Haitians and Jamaicans do not
normally include permission for a spouse to remain legally in
The Bahamas. Some Bahamians have expressed concern that this
system tends to lead to economic exploitation of foreign labor
by unscrupulous employers.
People with Disabilities
The Ministry of National Insurance and Social Development began
work in June to formulate for the first time a national policy
regarding the disabled, with a target of mid-1994 for the
announcement of the new policy. Although the 1973 National
Building Code mandates certain accommodations for the
physically disabled in new public buildings, this part of the
code is rarely enforced. Assistance for the disabled is
provided by several government ministries and private
organizations. Approximately 150 children are enrolled in the
public Stapledon School for the Mentally Retarded. The Special
Services Division of the Ministry of Education provides speech
therapy classes and the recently constructed Thelma Gibson
primary school includes facilities which can accommodate
physically disabled children while keeping them in a mainstream
educational institution. The State Home for Orphaned and
Abandoned Children includes a residence for physically disabled
children.
Section 6 Worker Rights
a. The Right of Association
The Constitution specifically grants labor unions the rights of
free assembly and association. Workers may form or join unions
without prior authorization, except for members of the police
force, defense force, fire brigade, and prison guards, all of
whom are forbidden to organize by statutes authorized by the
Constitution. This right is exercised extensively, particularly
in the hotel industry, where approximately 80 percent of the
employees are unionized.
The two major labor organizations in The Bahamas, the
8,000-member Bahamas Hotel Catering and Allied Workers Union
and the 12,000-member Trade Union Congress (TUC), function
independently of government or political party control. All
Bahamian labor unions are guaranteed the right to maintain
affiliations with international trade union organizations. The
TUC, which groups 10 of the country's 44 registered unions, is
a member of the International Confederation of Free Trade
Unions and the Caribbean Congress of Labor.
The right to strike is limited under the Industrial Relations
Act, which requires that union members must vote to strike and
that the motion must be passed by a simple majority before a
strike can commence. The Ministry of Labor oversees the vote.
The Ministry may also refer a dispute involving employees of an
"essential service" to the Industrial Relations Board for
settlement if the Ministry determines public interest requires
such action. The Industrial Relations Act also states that a
strike which has an object "other than or in addition to the
furtherance of a trade dispute within the trade or industry in
which the strikers are engaged" or "is designed or calculated
to coerce the Government either directly or by inflicting
hardship upon the community" is illegal.
The Public Service Workers Union and the Taxi Union held
peaceful leadership elections during 1993. Internal bickering
among leaders of the Bahamas Hotel Catering and Allied Workers
Union lessened the union's effectiveness as a collective
bargaining agent for hotel workers in a sector already beset by
high unemployment and underemployment. Doctors at the public
Princess Margaret Hospital occasionally threatened to strike
over salaries and working conditions.
b. The Right to Organize and Bargain Collectively
Workers are free to organize, and collective bargaining is
extensive for the 30,000 workers (25 percent of the work force)
who are unionized. Collective bargaining is protected by law
and freely practiced, and the Ministry of Labor is responsible
for mediating disputes. Wages are set in negotiations between
unions and employers without government involvement.
Both the Constitution and the Industrial Relations Act prohibit
antiunion discrimination by employers. The Industrial
Relations Act requires employers to recognize trade unions.
The Industrial Relations Board within the Ministry of Labor
mediates and conciliates disputes between individual employees
or unions and their employers. Mechanisms exist to resolve
complaints: filing a trade union dispute with the Ministry of
Labor, or bringing a civil suit against the employer in a court
of law. The Industrial Relations Act requires the
reinstatement of workers fired for union activities. Employers
may dismiss workers in accordance with applicable contracts,
which generally require some severance pay. The Government
seeks to enforce labor laws and regulations uniformly throughout
the country; however, inspections occur infrequently.
Two small, but not particularly active, free trade zones exist
in The Bahamas. Labor law and practice in these zones do not
differ from those in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and such
labor does not exist in practice.
d. Minimum Age for Employment of Children
Bahamian laws prohibit the employment of children under the age
of 14 for industrial work, work during school hours, or work at
night. There is no legal minimum age for employment in other
concerns, however, and some children are employed part-time in
grocery stores and gasoline stations.
e. Acceptable Conditions of Work
The Fair Labor Standards Act limits the regular workweek to
48 hours and provides for at least one 24-hour rest period.
The Act requires overtime payment (time and a half) for hours
in excess of the standard. The Act permits the creation of a
Wages Council to recommend the establishment of a minimum wage;
to date, no such council has been established. The Ministry of
Labor, which is responsible for enforcing labor laws, has a
team of several inspectors who make on-site visits to enforce
occupational health and safety standards and investigate
employee concerns and complaints. The Ministry normally
announces these inspection visits ahead of time. Employers
generally cooperate with inspections in implementing safety
standards. The Bahamian economy is service oriented,
especially in tourism and offshore banking, and therefore does
not have significant industrial and occupational health
hazards. The national insurance program provides for
compensation for work-related injuries. The Fair Labor
Standards Act requires an employer to find suitable alternative
employment for an employee who is injured on the job but is
still able to work. While there is no legislated right for
workers to remove themselves from dangerous workplace
situations without jeopardy to their continued employment,
there have no recently reported instances of such retribution.
(###)
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