Mistreatment of “irregular migrants”, inefficiencies in the judicial system and discrimination based on ethnicity, gender and sexual orientation are featured prominently in the United States’ 2014 Human Rights Report released yesterday by the U.S. Department of State. The report said the most serious human rights problems in the country are police abuse, mistreatment of irregular migrants – compounded by problems processing them – and an inefficient judicial system leading to delays in trials and retaliatory killings. The report said other problems include substandard detention conditions, corruption, violence and discrimination based on ethnic descent, sexual orientation or HIV status.

Highlighting various discriminatory clauses in the law against women, the report notes that the government has proposed a constitutional referendum to correct these biases, but the process appeared stalled during the year. The report states that societal discrimination against lesbian, gay, bisexual, and transgender (LGBT) people occurred, with some reporting job and housing discrimination based on sexual orientation.

“According to non-governmental organizations (NGO), LGBT persons also faced discrimination in employment, for which victims had no legal recourse,” the report states.

“The government does not keep statistics on such incidents.

“Although sexual activity between same-sex consenting adults is legal, the law defines the age of consent for same-sex couples as 18, compared with 16 for heterosexual couples.

“No domestic legislation addresses the human rights concerns of LGBT persons.”

The report also highlighted the government’s new immigration policy implemented on November 1, 2014, which “clarified existing requirements for non-Bahamian citizens to carry the passport of their nationality and proof of legal status in The Bahamas”.

“Some international organizations alleged that enforcement focused primarily on people of Haitian origin, that the rights of children were not respected, and that expedited deportations did not allow time for due process,” notes the report.

“There were also reports that immigration officials physically abused persons as they were being detained and that officials solicited and accepted bribes to avoid detention or secure release.

“Activists for the Haitian community acknowledged that few formal complaints were filed with government authorities as a result of these allegations, but attributed this to a widespread perception of impunity for police and immigration authorities, and fear of reprisal among minority communities.”

The report said the government denied these allegations and committed to ensuring that immigration operations are carried out with due respect for internationally accepted human rights standards.

According to the report, prison and detention center conditions fail to meet international standards. The report notes that while prison remains “harsh due to overcrowding”, sanitation and the emphasis on the rehabilitation of offenders has improved over the previous year. However, it states that overcrowding, sanitation and access to medical care remain problems in the men’s maximum security block.

“To address overcrowding in the remand center, which stemmed from processing backlogs within the judicial system, authorities held prisoners awaiting trial in the maximum-security block,” the report notes.

“In October, the commissioner of corrections, formerly the prison superintendent, reported that the maximum security wing of the prison held 753 inmates, which was twice the number of inmates it was built to hold when constructed in 1953.

“Authorities generally held remanded non-Bahamian citizens in the maximum security block if they were deemed to pose an escape risk.

“Authorities estimated that 47 percent of those held in maximum security were awaiting trial.

“In October, authorities reported confining as many as five inmates to cells intended for one or two prisoners.”

The report also states that the courts have not kept pace with the rise in criminal cases, and there was a growing backlog, despite the government bringing on stream four more criminal courts for a total of 10.

“Delays reportedly lasted five years or more. Once cases go to trial, they were often further delayed due to poor case and court management,” the report outlines.

“Examples of shortcomings included inaccurate handling or presentation of evidence and inaccurate scheduling of witnesses, jury members, and accused criminals for testimony.”

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