The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Governance reformers have asserted that legislation to create an Independent Investigations Commission “does not fully address” the root causes of corruption while whistleblower protections must be strengthened.

The Organisation for Responsible Governance (ORG), unveiling its analysis of the Independent Commission of Investigations Bill 2025, which is designed to combat and punish graft committed by politicians, public officials and members of the security forces, said that while it represents an upgrade on the earlier 2024 version there is still room for further improvement.

In particular, it called for better protection and safeguards for “external” whistleblowers who are not within the Government’s employment while also suggesting that there be better access to the Commission’s reports and findings than simply tabling these in Parliament.

ORG also called for the Commission’s annual financial budget to be approved by Parliament, rather than the minister of finance, as this would “support a more transparent process” that dispels any perception or notion of political interference with its work and investigations.

And it urged greater civil society and public input into the Commission’s work, while also calling for the Bill to be revised so that it mandates all government agencies “monitor actions” based on the findings of investigations and produce a report 12 months later detailing the status of any corrective reforms that have been implemented.

ORG said the BIll, which was recently touted by Ryan Pinder KC, the attorney general, as enabling a “robust”, “transparent” and “authoritative” Bahamian anti-corruption regime, does indeed “provide a more robust framework” compared to the 2024 version and comparisons with similar legislation in other countries.

“As the Independent Commission of Investigations Bill 2025, advances, it is crucial to engage the public, particularly those from communities that have been marginalised by social and economic inequalities,” ORG said in its eight-page analysis. “This Bill presents a vital opportunity to strengthen transparency, accountability and governance in The Bahamas.

“ORG calls for deeper, more proactive and sustained involvement of vulnerable and marginalised communities in the advancement of the law beyond its passage, particularly in the planning, implementation and monitoring phases. Public trust in policing and oversight mechanisms is essential to achieving the Bill’s goals, and ongoing engagement will ensure its legitimacy and effectiveness.”

As for the 30-page Bill’s contents, ORG added: “While the Bill represents progress in establishing an independent investigative body, it does not fully address the complex conditions that create opportunities for corruption and misconduct. A comprehensive and co-ordinated cross-sector approach is necessary to support integrity, transparency and accountability in governance.

“The Government is urged to prioritise legislation, funding and co-ordinated mechanisms such as an Independent Integrity Commission, which could be charged with assessing and addressing overall conditions and efforts related to anti-corruption and integrity in governance, and adopting a cross-sector framework to identify, leverage and track the myriad of efforts currently in place to reduce the instance, opportunity and perception of corruption as per ORG’s proposed cross-sector anti-corruption framework, to engage, sustain and monitor a whole-of-society strategy for combating corruption and misconduct.”

While acknowledging that clauses in the Bill are well-aligned with international best practices, giving the Auditor General financial oversight and mandating that a Bahamas Institute of Chartered Accountants (BICA) member be included among the Commission’s members, ORG suggested the Bill can go further.

In particular, it recommended changes to clause 13 as “current provisions do not explicitly protect external whistleblowers from retaliation, as seen in best practices like the US Whistleblower Protection Act”. ORG called on the language to be altered such that “no person” shall face retaliation for submitting a complaint to the Commission in good faith.

And, to boost the Commission’s financial independence, the group said: “Replace the requirement of submission of the Commission’s annual budget in Clause 11(2) to the “Minister of Finance” for approval to a required submission of the annual budget to Parliament for approval.

“This would support a more transparent process which mitigates any instance, or perception, of political influence or control of the operations of the Commission. Add provisions in 11(1) for continuous staff training on human rights, forensic investigation and anti-corruption practices.”

To boost the Bahamian public’s right to know, ORG said the Commission’s reporting lines must be broadened beyond Parliament by publishing “redacted” investigation reports on its website with quarterly updates on any major findings.

Calling on the Bill to include a clause requiring the Commission to create “an advisory board comprising representatives from civil society, academia and the private sector to provide recommendations on corruption trends and preventive measures”, ORG also suggested that appointments to the body be “transparent” and “merit-based” with input from the likes of the Bar Association and University of The Bahamas.

“The Bill does not set specific deadlines, risking delays. OECD guidelines recommend defined investigation periods to enhance efficiency,” ORG added, arguing that the Bill should be amended to stipulate all investigations are completed within six months unless an extension is granted by the Commission chairman.

And, while all Commission reports are” to be sent to the director of public prosecutions (DPP), no provision ensures independence from political influence”. ORG said the Bill should allow the Commission to recommend the DPP create “an independent unit for corruption-related cases”, with the Auditor General, ombudsman and internal audit also having the power to refer cases to the Commission.

“The Independent Commission of Investigations Bill 2025 represents a significant advancement in oversight and accountability within The Bahamas. While it aligns well with international best practices, further refinements can enhance its effectiveness, particularly in whistleblower protection, public access to findings and enforcement mechanisms,” ORG said. 

“Implementing these recommendations will ensure a more transparent, independent and robust investigative framework that meets the highest global standards.”