"Look up and move on... the world is watching." - Premier Lynden Oscar Pindling
As a young student growing up in Nassau I vividly remember my childhood friends Olvin Rees, Francis Richardson and I going to Saturday matinee movies at the Capital Theatre on Market Street. That Saturday ritual was as frequently observed as was obligatorily serving on the altar at St. Joseph's Catholic Church the day after going to the movies. We were extremely excited and could not wait to view the next episode of the "serials" that always ended in a cliffhanger to encourage us to return the next week to see how the "head fella" would best his antagonist.
We were equally entranced by the clip that preceded the weekly series, the short film of newly elected Premier Lynden Pindling who reminded the audience that, given our new reality of majority rule, we had a responsibility to always remember that our conduct would be observed by others and that we must therefore "look up and move on" because "the world is watching!"
This week the U.S. Department of State issued its 2015 Human Rights Report on The Bahamas. Therefore, we would like to Consider this... just how much is the world still watching us and what are their impressions?
The executive summary
In the 21-page executive summary, the State Department Report noted that: "The most serious human rights problems were mistreatment of irregular migrants (compounded by problems in processing them); an inefficient judicial system, resulting in trial delays, and an increase in retaliatory crime against both witnesses and alleged perpetrators; and the perception of impunity on the part of law enforcement and immigration officials accused of using excessive force.
"Other human rights problems included substandard detention conditions; corruption; violence and discrimination against women; sexual abuse of children; and discrimination based on ethnic descent, sexual orientation, or HIV status."
Arbitrary or unlawful deprivation of life
The report stated that there were "no reports that the government or its agents committed arbitrary or unlawful killings, although there were occasional reports of fatal shootings and questionable deaths of suspects in police custody."
Prison and detention center conditions
The report noted that "prison and detention center conditions failed to meet international standards in some areas, and conditions at the government's only prison remained harsh due to overcrowding."
It observed: "Overcrowding, poor sanitation, and inadequate access to medical care remained problems in the men's maximum-security block."
The maximum-security wing of the prison housed 625 inmates in a facility that was designed to hold approximately 375 inmates when it was constructed in 1953.
Arbitrary arrest or detention
The report observed that: "Civil society organizations reported incidents of arbitrary detention by immigration officers and alleged that these officers solicited bribes to secure the release of detainees.
"Government officials reported that immigrant detainees who presented a security risk were held at Bahamas Correctional Services. Non-governmental organizations and media sources reported that at least two persons detained for immigration violations had been held for nearly two years without criminal charges. The government stated that release of the individuals posed a potential security risk and that it had been actively seeking a third country for resettlement, as their country of origin refused to accept their return."
Role of the police and security apparatus
The report continued: "From January to October [2015], 157 complaints were lodged with the Complaints and Corruption Branch [of the Royal Bahamas Police Force], with assault, damage, and unlawful arrest the most frequent categories of grievance. The Ministry of National Security resolved 103 of these through investigation that may result in internal discipline; counseling with complainant and accused; compensation or advisement. The ministry reported referring no cases to the Magistrate's Court for prosecution."
Pretrial detention
The report also noted that "attorneys and other prisoner advocates continued to complain of excessive pretrial detention due to the failure of the criminal justice system to try even the most serious cases in a timely manner. The constitution provides that authorities may hold suspects in pretrial detention for a "reasonable period of time", which is defined as two years. As of October, 411 prisoners, including 27 non-Bahamian citizens, were awaiting trial.
"According to unofficial estimates, between 40,000 and 80,000 residents were Haitians or persons of Haitian descent, making them the largest ethnic minority.
"Authorities detained irregular immigrants, primarily Haitians, until arrangements could be made for them to leave the country or they obtained legal status.
"Activists for the Haitian community acknowledged that few formal complaints were filed with government authorities because of these allegations, which they attributed to a widespread perception of impunity for police and immigration authorities and fear of reprisal among minority communities."
Denial of fair public trial
The report continued: "Although the constitution provides for an independent judiciary, sitting judges are not granted tenure, and some law professionals asserted that judges were incapable of rendering completely independent decisions due to lack of job security. Procedural shortcomings and trial delays were a problem. The courts were unable to keep pace with the rise in criminal cases, and there was a growing backlog."
Trial procedures
On the issue of trial procedures: "A significant backlog of cases awaiting trial remained a problem. Delays reportedly lasted five years or more. Once cases went to trial, they were often further delayed due to poor case and court management, such as inaccurate handling or presentation of evidence and inaccurate scheduling of witnesses, jury members and accused criminals for testimony.
"Local legal professionals attributed delays to a variety of longstanding systemic problems, such as slow and limited police investigations, inefficient prosecution strategies, limited forensic capacity, lengthy legal procedures, and staff shortages in the prosecutor's office and the courts."
Freedom of speech and press
Regarding the freedom of speech and the press, the report opined that the government generally respected these rights.
"An independent press; a relatively effective - albeit extremely backlogged - judiciary; and a functioning democratic political system combined to promote freedom of speech and press. The independent media were active and expressed a wide variety of views without significant restriction."
High marks for other freedoms
The report was generally complimentary of Internet and academic freedom, freedom of peaceful assembly and association, freedom of movement, internally displaced persons, protection of refugees, and freedom to participate in the political process including elections. However, the report noted that "the government did not effectively implement laws and policies for stateless persons".
Corruption and lack of transparency in government
The report asserted that the "procurement process was particularly susceptible to corruption, as it is opaque, contains no requirement to engage in open public tenders, and does not allow award decisions to be reviewed".
It also noted that although "the Public Disclosure Act requires senior public officials, including senators and members of Parliament, to declare their assets, income, and liabilities on an annual basis, there is no independent verification of the submitted data, and the rate of annual submission was weak, except in election years".
The report highlighted the fact that "the government has not issued implementing regulations to bring the 2012 Freedom of Information Act into force. The act provides access to government information upon request from citizens and permanent residents".
Discrimination
The report observed that "the law does not prohibit discrimination based on gender, and discrimination against women occurred. The law does not provide women with the same right as men to transmit citizenship to their foreign-born spouses, and makes it easier for men with foreign spouses than for women with foreign spouses to transmit citizenship to their children.
"The country has no LGBTI hate-crime legislation. Activists reported that LGBTI individuals rarely reported abuse to authorities, often because of reluctance to reveal their sexual orientation rather from fear of police harassment."
Conclusion
The U.S. State Department report provides a comprehensive overview of the progress that we have made as a relatively young member of the community of nations, while highlighting some of the weaknesses and deficiencies that must be rectified. Although we have developed a relatively vibrant democracy, we continue to be a work in progress.
While we might not agree with all of the observations in the report, they clearly demonstrate that Sir Lynden's admonition 50 years ago is as applicable today as it was then, that as we "look up and move on, the world is still watching".
o Philip C. Galanis is the managing partner of HLB Galanis and Co., Chartered Accountants, Forensic & Litigation Support Services. He served 15 years in Parliament. Please send your comments to pgalanis@gmail.com.
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