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Title: Bahamas Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
BAHAMAS
The Commonwealth of the Bahamas is a constitutional, parliamentary
democracy and a member of the Commonwealth of Nations. Queen Elizabeth
II, the nominal Head of State, is represented by an appointed Governor
General. Prime Minister Hubert A. Ingraham's Free National Movement
(FNM) has controlled the Government and Parliament since 1992.
The police and the small Bahamas Defence Force answer to civilian
authority and generally respect laws protecting human rights. However,
there continued to be credible reports that police occasionally abuse
detainees.
The economy depends primarily on tourism, which accounts for over two-
thirds of the gross domestic product. Financial services, particularly
offshore banking and trust management, are also a major source of
revenue. While some Bahamians enjoy relatively high average income
levels, the official unemployment level is reported at over 13 percent;
there is also considerable underemployment and some poverty.
Bahamians enjoy a wide range of democratic freedoms and human rights.
The principal human rights problems centered on occasional police abuse
of detainees, harsh and overcrowded conditions at the only prison,
delays in trials, violence and discrimination against women, violence
against children, and the occasional practice of administering corporal
punishment prior to the period allowed for appeal.
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 politically motivated killings by the
Government or domestic political groups. In September an off-duty
policeman in Nassau was killed and his body dumped on a nearby island.
Investigators later discovered that he had been shot while entering a
car occupied by two fellow off-duty officers. The officers involved did
not have authorization to possess firearms, were dismissed from the
force, and currently face murder charges.
A civil suit is still pending over the May 1994 death of a detainee in
police custody in which the coroner's court jury found that police were
negligent for failing to provide necessary medical care. A police
officer was acquitted of murder charges stemming from an October 1994
incident in which he, while off duty, allegedly shot at five men during
an altercation, killing one. Two police officers convicted in 1994 of
manslaughter in the 1989 beating death of a suspect were acquitted in
March on appeal.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits torture and other cruel and degrading
treatment or punishment, but corporal punishment, abolished in 1984, was
reinstated in 1991. Local human rights monitors protested that in some
instances the authorities administered punishments prior to the proper
period allowed for appeal, and without legal representation for the
defense. Corporal punishment retains broad public support.
Human rights monitors and members of the general public expressed
concern over continued instances of police abuse against criminal
suspects. Many of the charges of abuse involved beatings in order to
extract confessions.
The police Complaints and Discipline Unit, which reports directly to
senior police officials, is responsible for investigating allegations of
police brutality. Police officials disciplined or dismissed some police
officers as a result of complaints, although some alleged victims also
claimed that police officers threatened them after they had filed a
complaint. An immigration officer convicted of assault in the beating
of a Jamaican attorney at Nassau International Airport in 1994 lost his
initial appeal, and appealed his case further.
Conditions at Fox Hill, the only prison, improved modestly, but remained
harsh and overcrowded. The men's prison, originally built in 1953 to
house about 500 inmates, holds over 1,100 prisoners. Male prisoners are
crowded into poorly ventilated cells which generally lack running water
and adequate sanitation facilities. There are no separate facilities
for inmates being held on remand, although some are eventually
segregated to a medium security wing after being processed through
maximum security. In July an inmate being held on remand in maximum
security on minor theft charges was found severely beaten in his cell.
He died a short time later at the public hospital. The authorities
charged another inmate in his death. A second inmate died of natural
causes resulting from his infection with AIDS. Prison officials
estimate that about 13 percent of the incoming prisoner population is
infected with the HIV virus. Most prisoners lack beds, many sleep on
concrete floors, and most are locked in their cells 23 hours per day.
Facilities for women are less severe and have running water.
Local and international human rights groups visited the prison during
the year. Organizatioons providing aid, counseling services, and
religious instruction have regular access to inmates. Despite fiscal
constraints, prison officials continued modest but measurable steps to
improve prison conditions and develop prisoner rehabilitation programs.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention. The
authorities conduct arrests openly and, when required, obtain judicially
issued warrants. Serious cases, including those of suspected narcotics
or firearms offenses, do not require warrants where probable cause
exists. Arrested persons 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. They may hire an attorney of their
choice. The Government does not provide legal representation except to
destitute suspects charged with capital crimes. Police sometimes
deviate from prescribed procedures, however, and act arbitrarily. The
Government respects the right to a judicial determination of the
legality of arrests.
Judges tend not to grant bail to foreign suspects, particularly on more
serious offenses, since the authorities consider foreign offenders
likely to flee if released on bail. Judges sometimes authorize cash
bail for foreigners arrested on minor charges, but in practice, foreign
suspects generally prefer to plead guilty and pay a fine rather than
pursue their right to defend themselves, given the several months'
backlog of court cases and harsh conditions at Fox Hill Prison.
The authorities detain illegal migrants, primarily Haitians and Cubans,
at the Carmichael Road Detention Center until arrangements can be made
for them to leave the country. Illegal migrants convicted of crimes
other than immigration violations are held at Fox Hill and remain there
for weeks or months, pending deportation after serving their sentences,
unless they can arrange privately for their repatriation. Due to
security concerns, the authorities earlier in the year temporarily
transferred groups of Haitian and Cuban detainees from the Detention
Center to Fox Hill Prison after fighting broke out. These detainees
have all since been released or deported.
Exile is illegal and is not practiced.
e. Denial of Fair Public Trial
The justice system derives from English common law. The judiciary,
appointed by the executive branch on the advice of the Judicial and
Legal Services Commission, has always been independent.
Trials are fair and public; defendants enjoy the presumption of
innocence and the right to appeal. However, an overburdened judicial
system must handle a steadily increasing caseload, which results in
excessive pretrial detention and delayed justice for victims. The
opening of new courts by the Government has reduced the backlog of
cases, particularly in domestic disputes, but criminal cases can still
be delayed in excess of 2 years before defendants receive a trial.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary entry, search, or seizure and the
Government generally respects these prohibitions in practice. The law
usually requires a court order for entry into or search of a private
residence, but a police inspector or more senior police official may
authorize a search 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 of drug
possession exist. 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 Government respects the constitutional provision for the right of
free expression, and the political opposition criticizes the Government
freely and frequently. Two daily and several 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.
Two radio stations, both privately owned, compete with a government-run
network and include lively political debates in their programming. The
country's sole television station, the state-owned Broadcasting
Corporation of the Bahamas, 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.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights to free assembly and
association, and the authorities respect these rights in practice. The
law permits private associations, but groups must obtain permits to hold
public demonstrations. The authorities grant such permits almost
without exception.
c. Freedom of Religion
The Constitution provides for freedom of religion and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for these rights, and the Government respects
them in practice.
Following the restoration of President Aristide in Haiti, the Bahamas
reestablished diplomatic relations with Haiti and negotiated a
repatriation agreement, whereby 800 Haitians residing illegally in the
Bahamas could be returned to Haiti every month over a period of 1 year.
The Bahamas offered free transportation and limited financial incentives
to induce Haitians to depart voluntarily, though far fewer than expected
did so.
Reports from the initial roundups of Haitian migrants in February and
March claimed that police and immigration officials physically
mishandled some detainees, but reports since that time uniformly state
that repatriation procedures are proceeding smoothly and without
incident. The presence of an estimated 35,000 Haitian migrants in the
Bahamas remains a sensitive social, economic, and political issue.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercise this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
The Bahamas is a constitutional, parliamentary democracy with two major
political parties and general elections at least every 5 years. An
elected Prime Minister and Parliament govern. The political process is
open to all elements of society, and citizens 18 years of age and older
are eligible to register and vote; voting is by secret ballot. In the
1992 elections, slightly more than 92 percent of registered voters cast
valid ballots. The two principal political parties are the ruling Free
National Movement 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.
The FNM holds 32 of 49 seats in the House of Assembly, and the PLP holds
17. Both the ruling party and the opposition name members to the upper
house, the Senate, in compliance with
constitutional guidelines. Although it does pass legislation, the
Senate is primarily a deliberative body that serves as a public forum to
discuss national problems and policies to address them. Women are
underrepresented in the legislature. The Parliament has four elected
female members, including the deputy speaker of the House, and three
appointed female Senators, including the government leader in the
Senate.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Individual human rights monitors, several local human rights groups, as
well as representatives of international human rights organizations
operate freely, expressing their opinions and reporting their findings
on alleged human rights violations without government restriction. The
Government allows them broad access to institutions and individuals.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Government generally respects in practice the constitutional
provisions for individual rights and freedoms regardless of race, place
of origin, political opinion, creed, or sex. However, both the
Constitution and the law discriminate against women in several respects.
Women
Domestic violence against women continued to be a serious problem, with
independent women's support groups reporting that many women sought
shelter at the private, but government-supported, crisis center in
Nassau. The domestic court, dealing exclusively with family issues such
as spousal abuse, maintenance payments, and legal separation, received a
significantly increased volume of cases this year. Officials attribute
the increase to the greater willingness of victims to pursue their
claims as a result of the court's decreased backlog, rather than to any
increase in actual offenses. The court installed a one-way mirror this
year to help shield victims from being identified by suspects. The
court can and does impose various legal constraints to protect women
from abusive spouses or companions.
The Constitution discriminates against women by not providing them with
the same right as men to transmit citizenship to their foreign-born
spouses. Additionally, the law makes it easier for Bahamian men with
foreign spouses to confer citizenship on their children than for
Bahamian women with foreign spouses. Some inheritance laws also favor
men over women. For example, when a person dies without a will, the
estate passes to the oldest legitimate son, or in cases where there is
no son, the closest legitimate male relative.
Women participate fully in Bahamian society and are well represented in
the business and professional sectors, as well as in the judiciary and
the Government. The Minister of Foreign Affairs, Janet Bostwick, who
was formerly the Minister of Justice, is personally responsible for the
office known as the Government's Women's Affairs Unit.
Children
The Government places priority on maintaining adequate expenditures for
child welfare and education. However, child abuse and neglect remain
serious problems. The law requires that anyone having contact with a
child they believe to be sexually abused must report their suspicion to
the police. The same reporting requirement does not apply to cases of
physical abuse, which also are increasing. The police refer reported
cases of sexual and physical abuse to the Department of Social Services,
which investigates them and can bring criminal charges against
perpetrators. The Department may remove children from abusive
situations if the court deems it necessary.
People With Disabilities
Although the 1973 National Building Code mandates certain accommodations
for the physically disabled in new public buildings, the authorities
rarely enforce this part of the Code. Private buildings are also not
routinely accessible. The Disability Affairs Unit of the Ministry of
Social Development and National Insurance works with the Bahamas Council
for the Disabled, an umbrella organization for groups offering services
for the disabled, to provide a coordinated public and private sector
approach to the needs of the disabled. A mix of government and private
residential and nonresidential institutions provides a range of
educational, training, and counseling services for both physically and
mentally disabled adults and children.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides that labor unions have the right of free
assembly and association. Private sector and most public sector workers
may form or join unions without prior approval. Members of the police
force, defense force, fire brigade, and prison guards may not organize
or join unions. Workers exercise the right of association extensively;
almost one-quarter of the work force (and one-half the workers in the
important hotel industry) belong to unions.
The country's two major umbrella labor organizations, the National
Workers Council of Trade Unions and Associations and
the Trade Union Congress (TUC), and individual labor unions all function
independent of government or political party control. In October six
trade unions signed a National Congress of Trade Unions constitution.
The new constitution will provide a unified forum for over 27,000
workers from the Musicians and Entertainers Union, Taxi Cab Union,
Maritime Port and Allied Workers Union, Commercial Stores and
Supermarkets Union, Public Service Union, and the Bahamas Hotel Catering
and Allied Workers Union (the country's largest).
The Industrial Relations Act requires that, before a strike begins, a
simple majority of a union's membership must vote in favor of a motion
to strike. The Office of Labor must supervise the vote. The Minister
of State for the Public Service and Labor may also refer a dispute
involving employees of an "essential service" to the Industrial
Relations Board for settlement, if the Minister determines that the
public interest requires such action. The Bahamas Hotel Catering and
Allied Workers Union conducted a number of work stoppages and strikes at
resort hotels during the year. In September the Airport, Airlines and
Allied Workers Union staged a "sick-out" against Bahamasair in an
unsuccessful attempt to gain salary increases.
All labor unions have the right to maintain affiliations with
international trade union organizations.
b. The Right to Organize and Bargain Collectively
Workers freely exercise their right to organize and participate in
collective bargaining, and the law protects it. Unions and employers
negotiate wage rates without government interference.
The Constitution and the Industrial Relations Act prohibit antiunion
discrimination by employers. The Act requires employers to recognize
trade unions. The Industrial Relations Board mediates disputes between
employees or unions and their employers. Mechanisms exist to resolve
complaints, including filing a trade union dispute with the Ministry of
State for the Public Service and Labor or bringing a civil suit against
the employer in court. The 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 enforces labor laws and regulations uniformly throughout
the country. The Bahamas has two small free trade zones. 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
The law prohibits the employment of children under the age of 14 years
for industrial work, work during school hours, or work at night. There
is no legal minimum age for employment in other sectors, and some
children work part time in light industry and service jobs.
e. Acceptable Conditions of Work
The Fair Labor Standards Act limits the regular workweek to 48 hours and
provides for one 24-hour rest period weekly. The act requires overtime
payment (time and a half) for hours beyond the standard. The act
permits the creation of a Wages Council to recommend the setting of a
minimum wage. To date, however, the Bahamas has not established such a
council or a minimum wage.
The Ministry of State for the Public Service and Labor, responsible for
enforcing labor laws, has a team of inspectors who conduct on-site
visits to enforce occupational health and safety standards and
investigate employee concerns and complaints, but inspections occur only
infrequently. The Ministry normally announces inspection visits in
advance, and employers generally cooperate with inspectors to implement
safety standards. In September the Government, in conjunction with the
International Labor Organization and the TUC, sponsored a 4-day seminar
on occupational safety and health and the environment in order to
promote greater awareness and enforcement of worker health and safety
standards.
The national insurance program compensates workers for work-related
injuries. The Fair Labor Standards Act requires employers to find
suitable alternative employment for employees injured on the job but
still able to work. The law does not provide a right for workers to
absent themselves from dangerous work situations without jeopardy to
continued employment.
(###)
[end of document]
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