a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There was one report that the government or its agents allegedly committed an arbitrary or unlawful killing. According to media reports, on July 26, police shot and killed Romario Lashley while executing an arrest warrant. As of October the matter was under investigation.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, but there continued to be complaints against the police alleging assault, intimidation, and other unprofessional conduct. According to human rights activists, suspects occasionally accused police of beating them to obtain confessions, and suspects often recanted their confessions during trial. In many cases the only evidence against the accused was a confession. Suspects and their family members continued to allege coercion by police, but there was no evidence of systematic police abuse.

Activists reported that police brutality cases received coverage in the news only when the victim had some form of evidence, such as a photograph. As of October only one case had received media coverage, and it was under investigation.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Administration: Two agencies–the Office of the Ombudsman and the Prison Advisory Board–are responsible for investigating credible allegations of inhuman conditions. There were no such allegations during the year.

Independent Monitoring: Although prison officials reported there was no monitoring by either governmental or nongovernmental agencies, human rights organizations stated they were allowed access and monitored prison conditions.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and imprisonment, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Barbados Police Force (RBPF) is responsible for internal law enforcement, including migration and border enforcement. The Barbados Defense Force (BDF) protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. The RBPF reports to the attorney general, and the BDF reports to the minister of defense and security. Although police were largely unarmed, special RBPF foot patrols in high-crime areas carried firearms. An armed special rapid response unit continued to operate. The law provides that police may request BDF assistance with special joint patrols.

Civilian authorities maintained effective control over the RBPF and BDF, and the government has effective mechanisms to investigate and punish abuse and corruption. Allegations against police were investigated and brought to the Police Complaints Authority, a civilian body in the Office of Professional Responsibility. Two police officers were awaiting trial for indecent assault and misconduct in public office for assaulting tourists and demanding money.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law authorizes police to arrest persons suspected of criminal activity; a warrant issued by a judge or justice of the peace based on evidence is typically required. Police procedure permits authorities to hold detainees without charge for up to five days, but once persons are charged, police must bring them before a court within 24 hours, or the next working day if the arrest occurred during the weekend. There was a functioning bail system. Criminal detainees received prompt access to counsel and were advised of that right immediately after arrest. Authorities generally permitted family members access to detainees.

Police procedures provide for police to question suspects and other persons only at a police station, except when expressly permitted by a senior divisional officer to do otherwise. An officer must visit detainees at least once every three hours to inquire about their condition. After 24 hours the detaining authority must submit a written report to the deputy commissioner. Authorities must approve and record all movements of detainees between stations.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law detainees or arrested persons, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal or arbitrary nature of their detention. If the court finds persons to have been detained unlawfully, they are entitled to prompt release, compensation, or both.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence.

TRIAL PROCEDURES

The constitution provides that persons charged with criminal offenses receive a fair public hearing without unnecessary delay by an independent, impartial court and a trial by jury. The government generally respected these rights, although prosecutors expressed concerns about the increasing delays before a defendant is tried. Civil society representatives reported that wait times could be as long as five or six years before trial. Defendants have the right to be present and to consult with an attorney of their choice in a timely manner. The government provided free legal aid to the indigent in family matters (excluding divorce), child support cases, serious criminal cases such as rape or murder, and all cases involving minors. The constitution prescribes that defendants have adequate time and facilities to prepare a defense. These timelines may be set by the court on arraignment. In court defendants may confront and question witnesses and present witnesses and evidence on their own behalf. Defendants and their attorneys have access to government-held evidence relevant to their case. Defendants are presumed innocent until proven guilty, have the right of appeal, and cannot be compelled to testify or confess guilt. Defendants have the right to free interpretation as necessary from the moment charged through all appeals. The law extends these rights to all defendants.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Magistrates’ courts have civil and criminal jurisdiction, but the civil judicial system experienced heavy backlogs. Citizens primarily sought redress for human rights or other abuses through the civil system, although human rights cases were sometimes decided in the criminal court. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press.

Press and Media Freedoms: Independent media were active and expressed a wide variety of views. Civil society representatives, however, reported that journalists who were overly critical of the government would be denied access to press conferences or denied the opportunity to ask questions of government officials.

Censorship or Content Restrictions: Civil society representatives reported media practiced self-censorship in matters relating to corruption due to fear that making allegations could invite a defamation lawsuit.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 76 percent of citizens used the internet in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedoms of 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 www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

The government was prepared to cooperate with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in assisting refugees, asylum seekers, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The Immigration Department was responsible for considering refugee or asylum claims.

The constitution provides citizens the ability to choose their government in free and fair periodic elections.

Elections and Political Participation

Recent Elections: In the 2013 general elections, the Democratic Labour Party (DLP) won 16 of the 30 seats in Parliament’s House of Assembly, and DLP leader Freundel Stuart retained his post as prime minister. Observers considered the elections to be in accordance with international standards.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and women and minorities did participate.

The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively. As of October, however, the Prevention of Corruption Act of 2012 had not been proclaimed by the governor general and consequently was not in force. According to a civil rights activist, the existing legislation was outdated.

Corruption: There were no formal reports of government corruption during the year. Nevertheless, two civil society activists reported corruption was a major concern and noted specific allegations of corruption were scant because persons were afraid to make accusations due to fear of facing a slander or defamation lawsuit.

Financial Disclosure: No law requires public officials to disclose income or assets.

Public Access to Information: No law provides citizens access to government-held information. While government websites provided access to information, responses often were slow to requests for specific government information by citizens, media, and other interested parties.

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

Government Human Rights Bodies: The Ombudsman’s Office hears complaints against government offices for alleged injuries or injustices resulting from administrative conduct. The governor general appoints the ombudsman on the recommendation of the prime minister and in consultation with the opposition. Parliament must approve the appointment. The ombudsman submits annual reports to Parliament, which contain recommendations on changes to laws and descriptions of actions taken by the Ombudsman’s Office.

Women

Rape and Domestic Violence: The law criminalizes rape, and the maximum penalty is life imprisonment. There are legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or nonmolestation order. Rape was underreported due to fear of further violence, retribution, and societal stigma. In addition, sources reported survivors were at times reluctant to report crimes to police because of perceived ineffectiveness of the police and delays in investigating complaints.

Violence and abuse against women continued to be significant social problems. The law prohibits domestic violence and provides protection to all members of the family, including men and children. The law applies equally to marriages and to common-law relationships. Amendments to the law provide for easier issuance of protective orders and mandatory investigation into any claims. The new amendments empower police to make an arrest after receiving a complaint, visiting the premises, and having some assurance that a crime was committed.

Penalties depend on the severity of the charges and range from a fine for first-time offenders (unless the injury is serious) up to the death penalty for cases resulting in death of a victim. Victims may request restraining orders, which the courts often issued. The courts may sentence an offender to jail for breaching such an order. The police have a Victim Support Unit, consisting of civilian volunteers, that offers assistance primarily to female victims of violent crimes, but reports indicated the services provided were inadequate. There is also a Family Conflict Unit. Victims reporting a sexual assault were subject to lengthy waits at the police station and for examinations at the hospital, staffed primarily by male doctors.

There were public and private counseling services for victims of domestic violence, rape, and child abuse. The Ministry of Social Care, Constituency Empowerment, and Community Development maintained a Partnership for Peace program, a psychosocial rehabilitation program for perpetrators of domestic abuse. The nongovernmental organization (NGO) Business and Professional Women’s Club of Barbados (BPW) operated a crisis center staffed by trained counselors and provided advocacy, crisis and police intervention, and referral services to community resources including legal, medical, addiction, and substance abuse. The BPW also operated a walk-in crisis center to provide psychological, social, and legal services, and to serve as a conduit for other responders to gender-based violence. The government provided funding for a shelter, also operated by the BPW, for women who had faced violence. The shelter offered the services of trained psychological counselors to survivors of domestic violence and other crisis intervention services. The shelter also served victims of human trafficking and others forms of gender-based violence.

The Bureau of Gender Affairs cited a lack of specific information and inadequate mechanisms for collecting and evaluating data on incidents of domestic violence as major impediments to dealing with gender-based violence. Human rights activists noted a decrease in the number of reported cases of rape in those cases where the victim did not know the perpetrator. They also praised the bureau’s programs, including the victim shelter and the public awareness campaign, and noted a marked improvement in societal attitudes and efforts to improve reporting.

Sexual Harassment: No law contains penalties specifically for sexual harassment. Common law, however, may be used to provide remedies to persons who are victims of sexual harassment in the workplace by reliance on the relevant law of torts. Human rights activists reported that sexual harassment continued to be of serious concern.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence.

Discrimination: The law provides for the same legal status and rights for women as for men. Women actively participated in all aspects of national life and were well represented at all levels of the public and private sectors, although some discrimination persisted. The law does not mandate equal pay for equal work, and reports indicated that women earned significantly less than men for comparable work. Under nationality laws Barbadian women not born in Barbados do not transfer citizenship to their children.

Children

Birth Registration: Citizenship is obtained by birth in the country, from a citizen father or from a citizen mother if she was born in Barbados. There was universal birth registration.

Child Abuse: Violence and abuse against children remained serious problems and appeared to be on the rise. As reasons for the increase, NGOs cited a heightened social awareness of child abuse and encouragement to report cases, rather than a rise in the incidence of abuse.

The Child Care Board has a mandate for the care and protection of children, which involved investigating daycare centers and allegations of child abuse or child labor, as well as providing counseling services, residential placement, and foster care. The Welfare Department also offered counseling on a broad range of family-related issues. The Child Care Board advocated stricter regulations to protect children; however, a grave shortfall of staffing and finances impeded the board’s efforts to respond appropriately to each report.

Early and Forced Marriage: The legal minimum age for marriage is 18 years.

Sexual Exploitation of Children: The government does not have a policy framework to combat the sexual exploitation of children. The minimum age for consensual sex is 16 years. The Ministry of Family, Culture, Sports, and Youth acknowledged child prostitution occurred; however, there were no official statistics to document the problem. Newspaper reports suggested the number of young teenage girls engaged in transactional sex was increasing. Pornography, including child pornography, is illegal.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Jewish community was very small. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

Other than constitutional provisions asserting equality for all, no laws specifically prohibit discrimination against persons with disabilities in employment, education, or the provision of other state services. Legislation to implement obligations arising from 2013 ratification of the Convention on the Rights of Persons with Disabilities had yet to be enacted.

Persons with disabilities experienced discrimination. Although the Ministry of Social Care operated a National Disabilities Unit to address these concerns, the Barbados Council for the Disabled stated that without legislation the impact of the unit was limited. The government and the council offered free bus services for children with disabilities; nonetheless, transportation difficulties at public schools continued to be a serious concern. The Ministry of Labor, Social Security, and Human Resource Development conducted workshops to address discrimination in hiring. Although persons with disabilities continued to face social stigma, attitudes continued to evolve with positive developments noted in hiring practices and general awareness. Individual government agencies were reportedly working on regulations to include persons with disabilities.

The Barbados Council for the Disabled, the Barbados National Organization for the Disabled, and other NGOs indicated that transportation remained the primary challenge facing persons with disabilities. Although many public areas lacked the necessary ramps, railings, parking, and bathroom adjustments to accommodate persons with disabilities, the council implemented the Fully Accessible Barbados initiative, which had some success in improving accessibility. Affordable, reliable transportation remained elusive; private transportation providers addressed some transportation concerns.

While no legislation mandates provision of accessibility to public thoroughfares or public or private buildings, the Town and Country Planning Department set provisions for all public buildings to include accessibility for persons with disabilities. As a result most new buildings had ramps, reserved parking, and accessible bathrooms for persons with disabilities. The council and other NGOs conducted sensitization and accessibility programs designed to improve inclusion and services for persons with disabilities.

The disabilities unit and NGOs continued numerous programs for persons with disabilities, including Call-a-Ride and Dial-a-Ride public transportation programs, sensitization workshops for public transportation operators, inspections of public transportation vehicles, sign language education programs, integrated summer camps, and accessibility programs.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity between adults, with penalties up to life imprisonment, but there were no reports of the law being enforced during the year. The law does not prohibit discrimination against a person based on real or perceived sexual orientation or gender identity in employment, housing, education, or health care. Activists reported that stigma against LGBTI persons persisted.

Activists reported few violent incidents based on sexual orientation or gender identity but suggested that social stigma and fear of retribution or reprisal led LGBTI persons to underreport the problem. Anecdotal evidence suggested that LGBTI persons faced discrimination in employment, housing, and access to education and health care. Activists claimed that while many individuals lived open LGBTI lifestyles, disapprobation by police officers and societal discrimination against LGBTI persons occurred. Anecdotal evidence indicated that LGBTI persons were vulnerable to crime, specifically destruction of property, and that LGBTI persons received threats.

Activists reported that many LGBTI persons were homeless, as families often were not accepting of LGBTI children, some of whom became involved in the commercial sex trade.

HIV and AIDS Social Stigma

The government continued a countrywide media campaign to discourage discrimination against HIV/AIDS-infected persons and others living with them, and it reported that the campaign had decreased social stigma against HIV/AIDS. While there was no systematic discrimination, HIV/AIDS-infected persons did not commonly disclose the condition due to lack of social acceptance.

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, provides for the right of workers to form and join unions and conduct legal strikes but does not specifically recognize the right to bargain collectively. Moreover, the law does not obligate companies to recognize unions or to accept collective bargaining, and no specific law prohibits antiunion discrimination or requires reinstatement of workers fired for union activity. A tribunal may order reinstatement, re-engagement, or compensation under the Employment Rights Act, although no cases of antiunion discrimination were reported during the year. All private-sector employees are permitted to strike, but the law prohibits workers in essential services, such as police, firefighters, and electricity and water company employees, from engaging in strikes.

In general the government effectively enforced the law in the formal sector, but there was no information as to the adequacy of resources or inspections. Penalties for violations include fines up to $1,000 Barbados dollars (BBD) ($500), imprisonment up to six months, or both. The penalties were sufficient to deter violations. The Employment Rights Act of 2013 gives persons the right to have unfair dismissals tried before the Employment Rights Tribunal. As of October the tribunal had concluded three cases. One case involved a class action suit in which the tribunal determined that 140 persons were severed without due process. The process was often subject to lengthy delays. A tripartite group of labor, management, and government representatives met regularly. The group dealt with social and economic issues as they arose, worked to formulate legislative policy, and played a significant role in setting and maintaining harmonious workplace relations.

With a few exceptions, workers’ rights generally were respected. Unions received complaints of collective bargaining agreement violations, but most were resolved through established mechanisms.

Although employers were under no legal obligation to recognize unions, most major employers did so when more than 50 percent of the employees made a request. Although companies were sometimes hesitant to engage in collective bargaining with a recognized union, in most instances they would eventually do so. Smaller companies often were not unionized.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. The government generally enforced such laws.

Although there were no official reports of forced labor during the year, foreigners remained at risk for forced labor, especially in the domestic service, agriculture, and construction sectors. The law provides maximum penalties for forced labor, including life imprisonment if the victim was under 18 years old and a fine of $1.5 million BBD ($750,000), 15 years in prison, or both if the victim was over 18 years old. There were no prosecutions in recent years.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law provides for a minimum working age of 16 years for certain sectors but does not cover sectors such as agriculture. The law prohibits children under the age of 18 from engaging in work likely to harm their health, safety, or morals, but it does not specify which occupations fall under this prohibition. The law prohibits the employment of children of compulsory school age (through age 16) during school hours. The law also prohibits young persons from work after 6 p.m. The law was effectively enforced, and child labor laws were generally observed. Parents are culpable under the law if they have children under 16 years old who are not in school. Under the Recruiting of Workers Act, children between the ages of 14 and 16 years could engage in light work with parental consent. There was no list of occupations constituting light work.

The Ministry of Labor had a small cadre of labor inspectors who conducted spot investigations of enterprises and checked records to verify compliance with the law. These inspectors may initiate legal action against an employer found employing underage workers. Employers found guilty of violating the Employment Act may be fined or imprisoned for up to 12 months. It was unclear whether these penalties were sufficient to deter violations. According to the chief labor inspector, no underage employment cases were filed during the past few years. Although documentation was not available, some children may be engaged in the worst forms of child labor, namely in drug trafficking and as victims of commercial sexual exploitation (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

Labor laws do not prohibit discrimination on grounds of race, sex, gender, or sexual orientation. The Employment Rights Act prohibits discrimination on grounds of known or perceived HIV/AIDS status or on account of disability. Nevertheless, employment discrimination against HIV/AIDS patients persisted. Foreign workers in high-risk sectors, such as domestic service, agriculture, or construction, were sometimes not aware of their rights and protections under the law, and unions expressed concern that domestic workers were occasionally forced to work in unacceptable conditions. Persons with disabilities generally experienced hiring discrimination, as well as difficulty in achieving economic independence (see section 6, Persons with Disabilities).

e. Acceptable Conditions of Work

While there is no national minimum wage, there is a minimum wage for “Shop Assistants” of $6.25 BBD ($3.10) per hour. While there is no official poverty income level, the most recent country assessment (2012) estimated that 19 percent of the population lived in poverty.

The standard legal workweek is 40 hours in five days, and the law provides employees with three weeks of paid holiday for persons with less than five years of service and four weeks’ holiday after five years of service. The law requires overtime payment of time and a half for hours worked in excess and prescribes all overtime must be voluntary. The law does not provide a maximum number of overtime hours. The government set occupational safety and health standards that were current and appropriate for its industries.

The Ministry of Labor is charged with enforcing the minimum wage as well as work hours and did so effectively. It also enforced health and safety standards and, in most cases, followed up to ensure management corrected problems cited. A group of nine safety and health inspectors helped enforce regulations, and nine labor officers handled labor law violations. The ministry used routine inspections, accident investigations, and union membership surveys to prevent labor violations and verify that wages and working conditions met national standards. Penalties include fines of up to $500 BBD ($250) per offense, imprisonment of up to three months, or both. The ministry reported that it historically relied on education, consensus building, and moral persuasion rather than penalties to correct labor law violations. The ministry delivered presentations to workers to inform them of their rights and provided education and awareness workshops for employers.

The ministry’s Health and Safety Inspection Unit conducted several routine annual inspections of government-operated corporations and manufacturing plants, with no serious problems noted. The department mentioned those engaged in child or elderly care, security guards, and factory workers as vulnerable to lower wages and hazardous or exploitive working conditions.

Office environments received additional attention from the Ministry of Labor due to indoor air quality concerns. Trade union monitors identified safety problems for government health and safety inspectors to ensure the enforcement of safety and health regulations and effective correction by management. As of October the ministry reported one occupational fatality, which was under investigation.

The law provides for the right of workers to refuse dangerous work without jeopardy to their employment, and authorities generally protected employees in this situation.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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. Bystanders at some shootings claimed that police were too quick to use their firearms and declared that in some instances police officers acted unprofessionally.

Authorities reported seven fatalities in police operations during the year; in each case the government reported the suspect was armed.

In August 2015 family members and some other witnesses reported that police officers shot and killed a suspect who was lying on the ground with his hands in the air. Police officials promised a full investigation of the allegations but stated they did not believe the allegations were credible. The case remained pending as of December.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and cruel, inhuman, or degrading treatment or punishment. At times citizens and visitors alleged instances of police abuse of criminal suspects.

On July 8, a foreign citizen reported he had been beaten by two or more corrections officers at the Bahamas Department of Corrections (BDOC). He said that following an altercation with an inmate, prison guards placed him in handcuffs, bent him over a cart, beat him with a PVC plumbing pipe wrapped in duct tape, and then took him back to his cell without providing any medical attention.

A migrant held in the immigration detention center in Freeport alleged unprompted, regular beatings from the guards, as well as inappropriate sexual behavior toward female detainees.

Prison and Detention Center Conditions

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.

Physical Conditions: Overcrowding, poor sanitation, and inadequate access to medical care remained problems in the men’s maximum-security block. In October 2015 the commissioner of corrections reported the maximum-security block of the prison held 625 inmates in spaces designed to hold approximately 375 inmates when constructed in 1953. The minister of national security reported that the BDOC, which was originally built to hold 1,000 prisoners, held 1,727 inmates as of October 2016.

Inmates reported receiving only two meals per day, and often only one, with a meal sometimes consisting only of bread and tea. Fresh fruit and vegetables were rare to nonexistent. Prisoners also reported infrequent access to drinking water and inability to save potable water due to lack of storage containers for the prisoners. A few cells also lacked running water, and in those cells, inmates removed human waste by bucket.

Prison guards complained about the lack of a full-time dentist and a failure to appoint a staff psychiatrist.

There were four inmate deaths through October 2015, reportedly due to HIV infection, natural causes, an apparent suicide, and injuries resulting from fighting. Reports from the coroner’s court were pending on the latter two deaths. The government did not provide updated statistics in 2016.

In August 2016, upon the conclusion of a Royal Bahamas Defense Force (RBDF) hearing that was closed to the public, the Bahamian government cleared five RBDF marines accused of beating five Cuban detainees at the CRDC in 2013.

Administration: The BDOC stated that prisoner complaints generally related to pretrial detention duration, heat in cells, untimely medical care, food quality, and untimely cleaning of bedding materials and/or clothing. Through October 1, authorities reported 717 preliminary inquiries and investigations of staff and inmates. An independent authority does not exist to investigate credible allegations of inhuman conditions.

Migrant detainees did not have access to an ombudsman or other means of submitting uncensored complaints, except through their national embassy or consulate.

Independent Monitoring: Human rights organizations complained that the government did not consistently grant requests by independent human rights observers for access to the BDOC facility, the CRDC, and the two juvenile centers. The government maintained additional bureaucratic procedures for some civil society organizations to gain access to the detention center, making it difficult to visit detainees on a regular basis. The government denied multiple official requests for consular access to the CRDC to assess conditions.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, and the government generally observed these prohibitions, with the exception of immigration raids.

Numerous Haitian migrants reported being detained by immigration officials and solicited for bribes of one thousand to three thousand Bahamian dollars (B$) ($1,000-$3,000) (one B$=one U.S. dollar), with the CRDC front office functioning as a clearinghouse. Many claimed that immigration officers targeted their dwellings once their undocumented status was discovered, demanding multiple bribes. Haitian migrants and civil society organizations complained of frequent warrantless searches of Haitian homes without probable cause.

Government officials reported that immigrant detainees who presented a security risk were held at the BDOC facility. In February the Supreme Court ordered the release of two Cuban men who had been detained for almost three years without criminal charges. The government had stated that release of the individuals posed a potential security risk and that it had actively sought a third country for resettlement, as their country of nationality refused to accept their return.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Bahamas Police Force (RBPF) maintains internal security. The small RBDF is primarily responsible for external security but also provides security at the CRDC and performs some domestic security functions such as guarding foreign embassies. The Ministry of National Security oversees both the RBPF and the RBDF. The RBDF augments the RBPF in administrative and support roles.

Authorities automatically placed under investigation police officers involved in shooting or killing a suspect. Police investigated all cases of police shootings and deaths in police custody and referred them to a coroner’s court for further evaluation. The Police Complaints and Corruption Branch, which reports directly to the deputy commissioner, is responsible for investigating allegations of police brutality or other abuse.

In addition to the Complaints and Corruption Branch, the independent Police Complaints Inspectorate Office investigated complaints against police, but the government did not provide updated statistics in 2016.

From January to October 2015, 157 complaints were lodged with the Complaints and Corruption Branch, with assault, damage, and unlawful arrest the most frequent categories of grievance. The government did not provide updated statistics in 2016. According to the Ministry of National Security, authorities 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. The RBPF took action against police misconduct, firing multiple officers during the year for illegal activities, including two officers convicted of stealing $22,000 during a traffic stop.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities generally conducted arrests openly and, when required, obtained judicially issued warrants. Serious cases, including suspected narcotics or firearms offenses, do not require warrants where probable cause exists. The law provides that authorities must charge a suspect within 48 hours of arrest. Arrested persons must appear before a magistrate within 48 hours (or by the next business day for cases arising on weekends and holidays) to hear the charges against them, although some persons on remand claimed they were not brought before a magistrate within the 48-hour period. Police may apply for a 48-hour extension upon simple request to the court and for longer extensions with sufficient showing of need. The government generally respected the right to a judicial determination of the legality of arrests. The constitution provides the right for those arrested or detained to retain an attorney at their own expense; volunteer legal aides were sometimes available. Minors under age 18 are provided legal assistance only when they are charged under offenses before the Supreme Court; otherwise, there is no official representation of minors before the courts.

There is a functioning bail system, although arrestees often waited up to two years before receiving bail. Individuals who could not post bail were held on remand until they faced trial. Judges sometimes authorized cash bail for foreigners arrested on minor charges; however, foreign suspects generally preferred to plead guilty and pay a fine rather than pursue their right to defend themselves, in view of possible delays in court cases and harsh conditions in prison.

Pretrial Detention: 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 was defined as two years. As of October 2015, 411 prisoners, including 27 non-Bahamian citizens, were awaiting trial. The government did not provide updated statistics in 2016. Authorities used an electronic ankle-bracelet surveillance system in which they released selected suspects awaiting trial with an ankle bracelet on the understanding that the person would adhere to strict and person-specific guidelines defining allowable movement within the country.

Authorities detained irregular immigrants, primarily Haitians, until arrangements could be made for them to leave the country or they obtained legal status. The average length of detention varied significantly by nationality, willingness of governments to accept their nationals back in a timely manner, and availability of funds to pay for repatriation. Authorities usually repatriated Haitians within one to two weeks. In a 2014 agreement between the governments of the Bahamas and Haiti, the government of Haiti agreed to accept the return of its nationals without undue delay, and both governments agreed that Haitian migrants found on vessels illegally in Bahamian territorial waters would be subject to immediate repatriation. In return the Bahamian government agreed to continue reviewing the status of Haitian nationals with no legal status and without criminal records who either had arrived in the Bahamas before January 1985 or had resided continuously in the Bahamas since that time. Authorities held irregular immigrants convicted of crimes other than immigration violations at the BDOC facility where, after serving their sentences, they often remained for weeks or months pending deportation.

The government continued to enforce the 2014 immigration policy that clarified requirements for non-Bahamian citizens to carry the passport of their nationality and proof of legal status in the country. Some international organizations alleged that enforcement focused primarily on individuals of Haitian origin, that rights of children were not respected, and that expedited deportations did not allow time for due process. There were also widespread, credible 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 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. The government denied these allegations and publicly committed to carry out immigration operations with due respect for internationally accepted human rights standards, including the involvement of the Ministry of Social Services, where warranted, in cases involving children, scaled enforcement based on the ability to provide adequate housing for detainees, and full investigations of any allegations of abuse.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention, although this process sometimes took several years.

e. Denial of Fair Public Trial

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

Defendants enjoy the right to a presumption of innocence until proven guilty, to be informed promptly and in detail of the charges, to a fair and free public trial without undue delay, to be present at their trial, to have adequate time and facilities to prepare a defense, to receive free interpretation as necessary from the moment charged through all appeals, and to present their own witnesses and evidence. Although defendants generally have the right to access government-held evidence and confront adverse witnesses, in some cases the law allows witnesses to testify anonymously against accused perpetrators in order to protect themselves from intimidation or retribution. Authorities frequently dismissed serious charges because witnesses either refused to testify or could not be located. Defendants also have a right not to be compelled to testify or confess guilt and to appeal. The law extends these rights to all defendants.

Defendants may hire an attorney of their choice. The government provided legal representation only to destitute suspects charged with capital crimes, leaving large numbers of defendants without adequate legal representation. Lack of representation contributed to excessive pretrial detention, as some accused lacked the means to pursue their cases toward trial.

A large number of juvenile offenders appear in court with court-appointed guardians ad litem. A conflict arises when the magistrate requests “information” about a child’s background and requests that the same social worker prepare a probation report. The Department of Social Services prepares the report, which includes a recommendation on the eventual sentence for the child. In essence the government-assigned social worker tasked with protecting and safeguarding the welfare of the child is the same individual tasked with writing the report to the judge recommending the appropriate punishment for the child.

A significant backlog of cases awaiting trial remained a problem. Delays reportedly lasted five years or more, although the government increased the number of criminal courts and continued working to clear the backlog. 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 also 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.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters, and there is access to a court to bring lawsuits seeking damages for, or cessation of, human rights violations.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and the government generally respected these prohibitions; however, in migrant villages witnesses reported immigration officers’ habitual warrantless entry of homes without probable cause.

While the law usually requires a court order for entry into or search of a private residence, a police inspector or more senior police official may authorize a search without a court order where probable cause to suspect a weapons violation or drug possession exists.

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, and 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. Independent media were active and expressed a wide variety of views without significant restriction.

Freedom of Speech and Expression: In response to criticism of the government’s immigration policy that took effect in 2014, the Ministry of Foreign Affairs and Immigration reminded citizens that the Bahamas Nationality Act allows the foreign minister, who is the minister responsible for nationality and citizenship, to revoke citizenship from a person who “has shown himself by act or speech to be disloyal or disaffected towards the Bahamas.” In August 2015 the foreign minister threatened to revoke the permanent residency status of a critic of the government.

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. Although the International Press Institute called on the government to begin reform and elimination of criminal defamation laws, the government increased its use of libel laws during the year. In August the government arrested two men for a rap song that attacked Prime Minister Christie in explicit language, held them for 36 hours before release, and continued to investigate them for criminal libel. One of the detainees was an outspoken activist frequently critical of the Christie administration. In September authorities arrested a lawyer on criminal libel charges for “defamatory statements” intended “to injure and expose” senior police officials to “general hatred, contempt, or ridicule.”

INTERNET FREEDOM

The government did not restrict access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authorization. The internet was widely available on New Providence and Grand Bahama islands, and the International Telecommunication Union estimated that 78 percent of the population used the internet during the year.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events. The Plays and Films Control Board rated and censored plays and films for public viewing.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSOCIATION

The constitution provides for freedom of assembly and association, and the government generally respected these rights, although the climate for civil society groups appeared to be worsening. Civil rights organizations protesting the government’s immigration enforcement policy and an environmental organization credibly alleged that some government officials sought to constrain their freedom of speech and association rights by publicly labeling the groups as traitors and refusing to conduct adequate investigations of or provide police protection from threats. Cabinet members also sought to intimidate a local environmental group by reading its hacked e-mails and financial information from the floor of Parliament, accusing the group of attempting to overthrow the ruling political party. The Inter-American Commission on Human Rights requested the government to undertake precautionary measures to protect six members of the environmental group following reported threats against their lives and personal integrity “as a result of their work as human rights defenders.” An activist with a reform-oriented organization claimed police questioned him for his activities. He also stated that the government warned clients away from his business. Police reportedly investigated the background of a judge who ruled in favor of a human rights nongovernmental organization (NGO).

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees and asylum seekers.

PROTECTION OF REFUGEES

Access to Asylum: According to the government, trained individuals screened applicants for asylum and referred them to the Immigration Department of the Ministry of Foreign Affairs and Immigration for further review. Government procedure requires that the ministry forward approved applications to the cabinet for a final decision on granting or denying asylum. Throughout the year the government worked to develop institutionalized asylum procedures to enhance the processing of asylum seekers and refugees. Authorities did not systematically involve UNHCR in asylum proceedings, but they did seek advice on specific cases during the year and granted UNHCR access to interview some detained asylum seekers awaiting deportation.

Refoulement: In 2013 the government signed an agreement with the government of Cuba to expedite removal of detainees. The announced intent of this agreement was to reduce the amount of time Cuban migrants spent in detention; however, concerns persisted that it also allowed for information sharing that heightened the risk of persecution of detainees and their families.

STATELESS PERSONS

The government did not effectively implement laws and policies to provide certain habitual residents the opportunity to gain nationality in a timely manner and on a nondiscriminatory basis. Children born in the country to non-Bahamian parents, to an unwed Bahamian father and a non-Bahamian mother, or outside the country to a Bahamian mother and a non-Bahamian father do not acquire citizenship at birth.

Bahamian-born persons of foreign heritage must apply for citizenship during a 12-month window following their 18th birthday, sometimes waiting many years for a government response. The narrow window for application, difficult documentary requirements, and long waiting times left multiple generations without a confirmed nationality. These restrictions primarily affected those of Haitian descent.

There were no reliable estimates of the number of persons without a confirmed nationality. The government asserted that a number of “stateless” individuals had a legitimate claim to Haitian citizenship but 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, lacked proper documentation to secure employment, housing, access to health services, and other public facilities.

Individuals born in the country to non-Bahamian parents were eligible to apply for “Belonger” status that entitled them to work, access to public high school-level education, and a fee-for-service health-care insurance program. After significant delay, hundreds of Belonger permits were issued during the year. Human rights advocates criticized the health insurance program as having unrealistic payment requirements that limited widespread access. Authorities allowed individuals born in the country to non-Bahamian parents to pay the tuition rate for Bahamian students when enrolled in college and while waiting for their request for citizenship to be processed. To attend government primary and secondary schools, the Ministry of Education requires students to have a student permit or a passport with residency stamp. Community leaders reported that many irregular migrant children, as well as children born in the Bahamas to irregular migrant parents, were barred from attending classes.

The constitution and laws provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Prime Minister Perry Christie took office after his opposition Progressive Liberal Party (PLP) defeated the Free National Movement (FNM) in a general election in 2012. The PLP won 29 of the 38 parliamentary seats, with 48 percent of the popular vote. The FNM won the remaining nine seats. Election observers from the Organization of American States and foreign embassies found the elections to be generally free and fair.

Participation of Women and Minorities: No laws limit the participation of women and minorities in the political process, and women and minorities did participate. Seven members of parliament and the governor general were women. Four members of parliament were minorities, but minorities were unrepresented in the cabinet.

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials engaged in corrupt practices with impunity. There were frequent reports of government corruption during the year.

Corruption: 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 review of award decisions. In May a former state energy-company board member was convicted under the Prevention of Bribery Act, the first significant case brought under the act since 1989. In July he was sentenced to pay a fine of $14,000 and to make a payment of $221,000, equal to the amount of the bribe, within nine months to the electric company; the court determined that the noncustodial sentence was appropriate due to his ill health.

Financial Disclosure: 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. The government publishes a summary of the individual declarations. There is no independent verification of the submitted data, and the rate of annual submission was weak, except in election years.

Public Access to Information: As of October the government, which had not issued implementing regulations to bring the 2012 Freedom of Information Act into force, announced plans to repeal and replace the act.

A number of international human rights organizations operated without government restriction, investigating and publishing their findings on human rights cases, although the government was less cooperative with domestic organizations.

Government Human Rights Bodies: A governmental commissioner with ombudsman-like duties enjoyed the government’s cooperation and was considered effective.

Women

Rape and Domestic Violence: Rape is illegal, but the law does not protect against spousal rape, except if the couple is separated, in the process of divorce, or if there is a restraining order in place. The maximum penalty for an initial rape conviction is seven years; the maximum for subsequent rape convictions is life imprisonment. In practice, however, the maximum sentence was 14 years’ imprisonment.

Violence against women continued to be a serious, widespread problem. The 2015 Strategic Plan to Address Gender-Based Violence reported a total of 2,390 incidences of sexual offenses, including rape, attempted rape, unlawful sexual intercourse, incest, and other sexual offenses, between 2003 and 2013.

The law recognizes domestic violence as a crime separate from assault and battery, and the government generally enforced the law, although women’s rights groups cited some reluctance on the part of law enforcement authorities to intervene in domestic disputes. The Bahamas Crisis Center (BCC) worked with police by providing them with a counselor referral service when encountering rape victims. The BCC operated a toll-free hotline in New Providence and Grand Bahama, run by trained volunteers to respond to emergency calls 24 hours a day. Governmental and private women’s organizations continued public awareness campaigns, highlighting the problems of abuse and domestic violence. The Ministry of Social Services and Community Development’s Department of Social Services, in partnership with a private organization, operated a safe house to assist female survivors. In November the Bureau of Women’s Affairs became the Department of Gender and Family Affairs and increased its staffing. The department was reasonably well funded and received grant funding from UN Women for special projects.

Sexual Harassment: The law prohibits criminal “quid pro quo” sexual harassment and authorizes penalties of up to $5,000 and a maximum of two years’ imprisonment. There were no official reports of workplace sexual harassment during the year. Civil rights advocates complained that criminal prohibitions were not enforced effectively and asserted that civil remedies were needed, including a prohibition on “hostile environment” sexual harassment.

Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence.

Discrimination: The law does not prohibit discrimination based on gender, and a constitutional referendum on gender equality, including prohibition of discrimination on the basis of sex, was soundly defeated in June. Women with foreign-born spouses do not have the same right as men to transmit citizenship to their spouse or children (see section 2.d., Statelessness).

Women were generally free of economic discrimination, and the law provides for equal pay for equal work. The law also provides for the same legal status and rights for women as for men; however, women reported that it was more difficult for them to qualify for credit and to own a business.

Children

Birth Registration: Children born in the country to married parents, one of whom is Bahamian, acquire citizenship at birth. Those born to non-Bahamian parents, to an unwed Bahamian father and a non-Bahamian mother, or outside the country to a Bahamian mother and a non-Bahamian father do not automatically acquire citizenship. In the case of unwed parents, the child takes the citizenship of the mother. A constitutional referendum to equalize citizenship transmission for men and women was defeated in June. All children born in the country may apply for citizenship upon reaching their 18th birthday. There is universal birth registration, and all births must be registered within 21 days of delivery.

Child Abuse: Child abuse and neglect remained serious problems. The RBPF operated a hotline regarding missing or exploited children. The law provides severe penalties for child abuse and requires all persons having contact with a child they believe has been physically or sexually abused to report their suspicions to the police.

The penalties for rape of a minor are the same as those for rape of an adult. While a victim’s consent is insufficient defense against allegations of statutory rape, it is sufficient defense if an individual can demonstrate that the accused had “reasonable cause to believe that the victim was above 16 years of age,” provided the accused was under age 18.

Sexual exploitation of children through incestuous relationships occasionally occurred, and anecdotal reports continued to suggest that this was a particular problem outside Nassau. The Ministry of Social Services may remove children from abusive situations if a court deems it necessary. The ministry provided services to abused and neglected children through a public-private center for children, the public hospital family-violence program, and the BCC.

Early and Forced Marriage: The legal minimum age for marriage is 18, although minors may marry at 15 with parental permission.

Sexual Exploitation of Children: The minimum age for consensual sex is 16 years. The law considers any association or exposure of a child to prostitution or a prostitution house as cruelty, neglect, or mistreatment of a child. Additionally, the offense of having sex with a minor carries a penalty of life imprisonment. Child pornography is against the law. A person who produces it is liable to life imprisonment; dissemination or possession of it calls for a penalty of 20 years’ imprisonment.

Institutionalized Children: Children as young as 10 years old can be charged as an adult or a juvenile before a criminal court. First-time juvenile offenders charged with nonviolent or lesser offenses faced detention and custodial sentences at the Simpson Penn School for Boys, Willie Mae Pratt Center for Girls, or the BDOC facility.

When a juvenile is arrested and taken into custody, if authorities are unable to contact a parent or guardian, police call in a social worker as a de facto parent. There was no protection to prevent juveniles from being shackled to, or transported with, adult offenders. The BDOC maintained a juvenile area at the prison facility; however, there was no strict enforcement of the sight/sound separation of juvenile and adult inmates.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The local Jewish community numbered approximately 300 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

In 2015 the government passed the implementing legislation for the 2014 Persons with Disabilities Act. The law prohibits discrimination in employment, education, the judicial system, health care, and access, and it gives businesses and public buildings two years to make needed access improvements. Although the previous law mandated access for persons with physical disabilities in new public buildings, authorities rarely enforced this requirement, and very few buildings and public facilities were accessible to persons with disabilities. The Education Act affords equal access for students, but only as resources permit, with this decision made by individual schools. On less-populated islands, children with learning disabilities often sat disengaged in the back of classrooms because resources were not available. Other legislation prohibits discrimination based on disability.

A mix of government and private residential and nonresidential institutions provided education, training, counseling, and job placement services for adults and children with disabilities.

National/Racial/Ethnic Minorities

The country’s racial and ethnic groups generally coexisted peacefully, but anti-Haitian prejudice and resentment regarding Haitian immigration was widespread. According to unofficial estimates, between 40,000 and 80,000 residents were Haitians or persons of Haitian descent, making them the largest ethnic minority. Many persons of Haitian origin lived in shantytowns with limited sewage and garbage services, law enforcement, or other infrastructure. For example, a number of shantytowns on New Providence and other islands consisted of houses built from trash and discarded building materials, with few organizational, infrastructure, or sanitation measures in place. The government occasionally evicted residents and demolished some settlements due to health and safety concerns. Fires frequently broke out in Haitian shantytowns in Nassau, at least some of which were deliberately set, according to human rights organizations. Authorities generally granted Haitian children access to education and social services, but interethnic tensions and inequities persisted. Haitians generally had difficulty in securing citizenship, residence, or work permits.

In 2014 the government began conducting large-scale immigration raids in Haitian neighborhoods and increased deportations of Haitian immigrants. Members of the community, as well as human rights NGOs, argued that the raids were conducted without probable cause and were marked by verbal and physical abuse. An elderly, bedridden woman claimed that immigration officers stomped and kicked her in October, hospitalizing her for 15 days and rendering her permanently unable to walk. Witnesses also claimed that warrantless searches of homes were common during these raids.

Members of the Haitian community complained of discrimination in the job market, specifically employers seeking advantage by threat of deportation controlled identity and work-permit documents.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Activists reported that societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals occurred, with some persons claiming job and housing discrimination based on sexual orientation. Victims had no legal recourse, as the law provides no protection from such discrimination. 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.

Activists reported that LGBTI individuals rarely reported abuse to authorities, often because of reluctance to reveal their sexual orientation rather than from fear of police harassment.

HIV and AIDS Social Stigma

Stigma and employment discrimination against persons with HIV/AIDS were high, but there were no reports of violence against persons with HIV/AIDS. The law prohibits discrimination in employment based on HIV/AIDS status. Children with HIV/AIDS also faced discrimination, and authorities often did not tell teachers that a child was HIV positive due to fear of verbal abuse from both educators and peers. The government maintained a home for orphaned children infected with HIV/AIDS.

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 can 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.

Enforcement of labor laws was weak. There was no information on the adequacy of enforcement resources. Fines varied widely by case and were not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. The government did not provide updated statistics during the year. By law labor disputes must first be filed with the Ministry of Labor and National Insurance, and if not resolved, they are transferred to an industrial tribunal, which determines penalties (fines) and remedies, up to a maximum of 26 weeks of an employee’s pay. The tribunal’s decision is final and can be appealed in court only on a strict question of law. Authorities reported a case backlog of up to three years at the tribunal.

The government generally respected freedom of association and the right to collective bargaining, and most employers in the private sector did as well. There were reports that some employers utilized individual contracts instead of collective bargaining. Workers occasionally filed disputes with the authorities involving “union-busting” charges, specifically in the financial services sector. During the year two such cases arose and were resolved in a timely manner through conciliation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government did not always effectively enforce applicable law. Although the Ministry of Labor and National Insurance received no reports of forced labor during the year, local NGOs noted that exploited workers often did not report their circumstances to government officials due to fear of deportation and lack of education about available resources. There was no information on the adequacy of resources, inspections, and remediation. Penalties for forced labor range from three to 10 years’ imprisonment and were sufficiently stringent to deter violations.

Undocumented migrants were vulnerable to forced labor, especially in domestic servitude and in the agriculture sector. There were reports that noncitizen laborers, often of Haitian origin, were vulnerable to forced labor and suffered abuses at the hands of their employers, who were responsible for endorsing their work permits on an annual basis. Specifically, local sources indicated that employers reportedly obtained $1,000 work permits for noncitizen employees and then required them to “work off” the permit fee over the course of their employment or otherwise risk losing the permit and their ability to work legally within the country.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children under age 14 for industrial work or work during school hours. Children under age 16 may not work at night. Children between the ages 14 and 18 may work outside of school hours under the following conditions: in a school day, for not more than three hours; in a school week, for not more than 24 hours; in a nonschool day, for not more than eight hours; in a nonschool week, for not more than 40 hours. The law prohibits persons younger than age 18 from engaging in dangerous work, including construction, mining, and road building. There was no legal minimum age for employment in other sectors. Occupational health and safety restrictions apply to all younger workers. Grocery stores frequently violated labor laws by employing “package boys,” some as young as 13, outside of legal working hours.

The government made efforts to enforce the law, with labor inspectors proactively sent to stores and businesses on a regular basis, but resource constraints limited their effectiveness. The Ministry of Labor and National Insurance reported no severe violations of child labor laws, although inspectors reported several instances of children working in small merchant businesses or excess hours in grocery stores. The penalty for violations of child labor law is a fine between $1,000 and $1,500. This punitive action was sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, color, national origin, creed, sex, marital status, political opinion, age, HIV status, or disability, but not in regard to language, sexual orientation and/or gender identity, religion, or social status. The government did not effectively enforce the law, and while the law allows victims to sue for damages, many citizens were unable to avail themselves of this remedy due to poor availability of legal representation and the ability of wealthy defendants to drag out the process in courts. Discrimination in employment and occupation occurred with respect to persons with HIV/AIDS (see section 6). Foreign migrant workers consistently received legal protections.

e. Acceptable Conditions of Work

In July 2015 the Ministry of Labor and National Insurance raised the minimum wage from $4.00 to $5.25 per hour. In 2013 the official poverty level was adjusted to $4,247 a year. In June 2015 the government appointed a National Tripartite Council to implement the statutory provisions of International Labor Organization Convention 144 and ensure effective consultation among employers, government, and workers.

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 Ministry of Labor and National Insurance, the law protects all workers, including migrant workers, in areas including wages, working hours, working conditions, and occupational 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 ministry is responsible for enforcing labor laws, including the minimum wage, and fielded a team of 16 inspectors that conducted onsite visits to enforce occupational health and safety standards and investigate employee concerns and complaints, although inspections occurred infrequently. The ministry generally announced inspection visits in advance, and employers generally cooperated with inspectors to implement safety standards. It was uncertain whether these inspections were effective in enforcing health and safety standards. The government did not levy fines for noncompliance but occasionally forced a work stoppage. Such penalties were not sufficiently stringent to deter violations. Working conditions varied, and mold was a problem in schools and government facilities.