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Bahamas

Executive Summary

The Commonwealth of The Bahamas is a constitutional parliamentary democracy. Prime Minister Hubert Minnis’s Free National Movement won control of the government in 2017 elections international observers found free and fair.

The Royal Bahamas Police Force maintains internal security. The Royal Bahamas Defence Force is primarily responsible for external security but also provides security at the Carmichael Road Detention Centre (for migrants) and performs some domestic security functions, such as guarding foreign embassies. Both report to the minister of national security. Civilian authorities maintained effective control over the security forces.

In September Hurricane Dorian, the worst humanitarian disaster in the history of the country, directly struck Grand Bahama and Abaco, the second- and third-most populated islands, respectively, displacing thousands of residents and causing billions of dollars in damage.

Significant human rights issues included violence by prison guards against prisoners. Libel is criminalized, although it was not enforced during the year.

The government took action to prosecute police officers, prison officials, and other officials accused of abuse of power and corruption.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Independent media were active and expressed a wide variety of views without restriction.

Libel/Slander Laws: The law criminalizes both negligent and intentional libel, with a penalty of six months’ imprisonment for the former and two years for the latter. The government did not use criminal libel laws during the year.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Migrants continued to accuse police and immigration officers of excessive force and warrantless searches, as well as frequent solicitations of bribes by immigration officials (see sections 1.f., 4). Human rights organizations alleged that bias against migrants, particularly those of Haitian descent, intensified in the aftermath of Hurricane Dorian. The government generally enforced its immigration policies equally on all irregular migrants, regardless of nationality or origin.

The government generally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: The government had an agreement with the government of Cuba to expedite removal of Cuban detainees. The announced intent of the agreement was to reduce the amount of time Cuban migrants spent in detention; however, concerns persisted the agreement allowed for information-sharing that heightened the risk of oppression from the Cuban government of detainees and their families.

Access to Asylum: While the law does not provide protection for asylum seekers, the government issued refugee cards to four asylum seekers in the past year, allowing them to work. Access to asylum in the country is informal, with no legal framework under which legal protections and practical safeguards could be implemented. The lack of refugee legislation or formal policy complicated UNHCR’s work to identify and assist asylum seekers and refugees.

According to the government, trained individuals screened applicants for asylum and referred them to the Department of Immigration and the Ministry of Foreign Affairs for further review. Government procedure requires the ministry to forward approved applications to the cabinet for a final decision on granting or denying asylum.

Authorities did not systematically involve UNHCR in asylum proceedings, but they sought UNHCR’s advice on specific cases during the year and granted access so that UNHCR could interview detained asylum seekers awaiting deportation.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The long-standing lack of a fully implemented freedom of information act continued to limit citizens’ access to information necessary to inform their political decision-making.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices, including accepting small-scale “bribes of convenience,” with impunity. There were isolated reports of other government corruption during the year.

Corruption: Corruption in the Bahamas Department of Correctional Services was a long-standing problem, with allegations by both prisoners and prison wardens. In June a court convicted a former prison officer of smuggling two pounds of marijuana to a prisoner. The court fined the former officer 7,000 Bahamian dollars (B$) (one Bahamian dollar equals one U.S. dollar).

The campaign finance system is largely unregulated, with few safeguards against quid pro quo donations, creating a vulnerability to corruption. The procurement process was susceptible to corruption, as it contains no requirement to engage in open public tenders. The government nevertheless routinely issued open public tenders. The government had a process for all vendors and suppliers to register on an electronic platform to increase transparency and otherwise to improve the procurement process. The Minnis administration brought corruption charges against three former high-level government officials. As of December, however, two of the three had been acquitted, with claims of witness intimidation and jury tampering, as well as alleged missteps by the police and prosecutors overshadowing the credible allegations of corruption. The trial for a bribery case against a third former official was scheduled to begin in March 2020.

Haitian migrants reported being solicited by immigration officials for bribes to prevent detention.

Financial Disclosure: The Public Disclosure Act requires senior public officials, including senators and members of Parliament, to declare their assets, income, and liabilities annually. The government publishes a summary of the individual declarations. There was no independent verification of the submitted data.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of international and domestic human rights organizations operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, participate in collective bargaining, and conduct legal strikes. The law prohibits antiunion discrimination. By law, employers may be compelled to reinstate workers illegally fired for union activity. Members of the police force, defense force, fire brigade, and prison guards may not organize or join unions, although police used professional associations to advocate on their behalf in pay disputes. Unions can exist without a majority vote from workers, but to be recognized by the government, a union must represent at least 50 percent plus one of the affected workers.

By law, labor disputes must first be filed with the Department of Labour. If not resolved, disputes are transferred to an industrial tribunal, which determines penalties and remedies, up to a maximum of 26 weeks of an employee’s pay. The tribunal’s decision is final and may be appealed in court only on a question of law.

The government generally respected freedom of association and the right to collective bargaining, and most–but not all–employers in the private sector did as well.

The government generally enforced the law, although Department of Labour officials admitted some legal reforms were necessary. Penalties varied by case but generally deterred violations. Administrative and judicial procedures were subject to lengthy delays and appeals. The Department of Labour wrote its annual report for the minister but did not provide updated statistics to the public during the year.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government generally enforced the law effectively. Local NGOs noted exploited workers often did not report their circumstances to government officials due to fear of deportation and lack of education about available resources. Penalties for forced labor were sufficiently stringent to deter violations.

Undocumented migrants were vulnerable to forced labor, especially in domestic servitude, in the agricultural sector, and particularly in the outlying Family Islands. There were reports noncitizen laborers, often of Haitian origin, were vulnerable to compulsory labor and suffered abuse at the hands of their employers, who were responsible for endorsing their work permits on an annual basis. Specifically, local sources indicated employers required noncitizen employees to “work off” the work permit fees, which ranged from B$750 to B$1,500 ($750-$1,500) for unskilled and semiskilled workers. The risk of losing the permit and the ability to work legally within the country was reportedly used as leverage for exploitation and created the potential for abuse.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The law prohibits the employment of children younger than age 14 for industrial work and any work during school hours or between the hours of 8 p.m. and 6 a.m. Children between the ages of 14 and 17 may work between the hours of 8 p.m. and 6 a.m. but only in hotels, restaurants, food stores, general merchandise stores, and gas stations. Children between the ages of 14 and 17 may work outside school hours under the following conditions: on a school day, for not more than three hours; in a school week, for not more than 24 hours; on a nonschool day, for not more than eight hours; and in a nonschool week, for not more than 40 hours. The government did not have a list of jobs that are considered dangerous, although it intervened when children were performing permissible jobs in dangerous environments (e.g., selling peanuts at a dangerous intersection). Occupational safety and health restrictions apply to all minors. The government does not have a list of light work activities that are permitted for children age 12 and older.

The government generally enforced the law effectively. The Department of Labour reported no severe violations of child labor laws. The penalties for violating child labor laws generally deterred violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, skin color, national origin, creed, sex, marital status, political opinion, age, HIV status, and disability, but not based on language, sexual orientation, gender identity, religion, or social status. The government did not effectively enforce the law. While the law allows victims to sue for damages, many citizens were unable to sue due to a lack of available legal representation and the ability of wealthy defendants to prolong the process in courts.

e. Acceptable Conditions of Work

The minimum wage is above the established poverty line.

The law provides for a 40-hour workweek, a 24-hour rest period, and time-and-a-half payment for hours worked beyond the standard workweek. The law stipulates paid annual holidays and prohibits compulsory overtime. The law does not place a cap on overtime. The government set health and safety standards appropriate to the industries. According to the Department of Labour, the law protects all workers, including migrant workers, in areas including wages, working hours, working conditions, and occupational health and safety standards. Workers do not have the right to refuse to work under hazardous conditions, and legal standards do not cover undocumented and informal economy workers.

The Department of Labour is responsible for enforcing labor laws, including the minimum wage, and it generally enforced the law effectively. It had a team of inspectors that conducted onsite visits to enforce occupational health and safety standards and investigate employee concerns and complaints. Inspections occurred infrequently. The department generally announced inspection visits in advance, and employers generally cooperated with inspectors to implement safety standards. Penalties were sufficient to deter violations. Working conditions varied, and mold was a problem in schools and government facilities, a common problem due to climate conditions.

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