The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

THE United States said the Bahamas government has not effectively implemented laws to provide long-term residents the chance to get Bahamian citizenship “in a timely manner and on a non-discriminatory basis.”

The US made the criticism in the latest human rights report for the country, which is released annually.

As usual, the US recognised the stability of various institutions and systems in The Bahamas, but highlighted recurrent problems, including abuse and poor conditions at the prison and detention centre, the absence of campaign finance laws and regulations, and the limited efforts of the government to enforce rules about conflicts of interest in contracts.

On citizenship, the US said: “There was little progress in advancing legislation intended to address the issue of statelessness.

“Under the constitution, Bahamian-born persons of foreign heritage must apply for citizenship during a 12-month period following their 18th birthday, but applicants sometimes waited many years for a government response. The short period for application, difficult documentary requirements, and long waiting times left multiple generations of persons, primarily persons of Haitian descent, without a nationality.

“Government policy allows individuals who missed the 12-month window to gain legal permanent resident status with the right to work, but some Haitian residents lacked the necessary documents.

“There were no reliable estimates of the number of persons without a confirmed nationality. The government asserted a number of ‘stateless’ individuals who had a legitimate claim to Haitian citizenship refused to pursue it due to fear of deportation or loss of future claim to Bahamian citizenship. Such persons often faced waiting periods of several years for the government to decide on their nationality applications and, as a result, in the interim lacked proper documentation to secure employment, housing, and other public services. The lack of a passport also prohibited students from accessing higher education outside the country.”

The US highlighted examples of people born in The Bahamas to non-Bahamian parents who were awaiting the government’s decision on their nationality for a long time. Two people were still waiting for a decision 19 and 21 years after submitting their applications.

“In both situations the individual relied on their employer to sponsor and renew their work permits each year to maintain legal status,” the US report said.

Corruption at the Bahamas Department of Correctional Services and Carmichael Road Detention Centre are highlighted as long-standing problems.

“There were widespread, credible reports that immigration officials solicited bribes to prevent detention or grant release. Human rights organisations and media reporting alleged that officials demanded payment in exchange for telephone calls and sanitary napkins,” the US said.

 The report noted that last April a correctional officer reported that two prison officers beat a male prisoner, resulting in hospitalisation.

“There were four recorded cases of physical abuse by correctional officers. Two officers in these cases had disciplinary charges levied against them. The evidence in the remaining two cases was deemed insufficient to go to trial, according to the government.”

 The report also said law enforcement investigated four alleged cases of rape at the government’s only safe house for victims of domestic violence, which was also used to hold migrant detainees who are women and children.

 “Two investigations resulted in the discharge of the immigration officers involved. Prosecutors dropped a third case because the alleged victim declined to press charges. Prosecutors dropped a fourth case when the accuser died from COVID-19.”

 According to the report, violence against women worsened during COVID-19 lockdowns and restrictions as victims were prevented “from seeking safe havens or other assistance.”

“The government did not implement long-standing civil society recommendations to address gender-based violence,” the report said.

 The US also said the government did not effectively enforce provisions of the Equal Opportunities Act, which prohibits discrimination against persons with disabilities. Among other things, the US highlighted the lack of accessible transportation for people.

 The report said: “The law affords equal access for students, but only as resources permit, as decided by individual schools. There were several segregated schools for children with disabilities in Nassau; however, on less-populated islands, children with learning disabilities often lacked adequate access. The government tried to facilitate distance learning for students with disabilities during the COVID-19 pandemic but faced problems in providing equal access. A mix of government and private residential and nonresidential institutions provided education, training, counselling, and job placement services for adults and children with disabilities.

“Several persons with disabilities submitted complaints concerning the lack of parking spaces available near buildings for persons with disabilities, as persons without disabilities were using the spaces with impunity. The government was unable to enforce the Equal Opportunities Act due to a lack of inspectors to monitor parking availability and to ensure that new building specifications aligned with accessibility requirements.”

The US said there are few safeguards against quid pro quo donations in the campaign finance system, “creating a vulnerability to corruption and foreign influence.”

It added: “The procurement process was susceptible to corruption since it contained no requirement to engage in open public tenders. In February the government passed the Public Procurement Bill (2020) to improve transparency and accountability in the public procurement process.”