There were no reports that the government or its agents committed arbitrary or unlawful killings. The Ministry of National Security reported four fatalities in police operations during the year; in each case the government reported the suspect was armed. Six police shootings from 2015 remained pending before the Coroner’s Court.

There were no reports of disappearances by or on behalf of government authorities.

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.

Foreign male prisoners frequently reported threats and targeting by prison guards at the Bahamas Department of Corrections (BDOC). For example, a Bahamian-U.S. dual citizen reported in June that BDOC officials placed a bag over his head and beat him with a golf club.

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, poor nutrition, and inadequate sanitation.

Physical Conditions: Overcrowding, poor sanitation, and inadequate access to medical care and drinking water remained problems in the men’s maximum-security block. In October the Ministry of National Security reported the block held 975 inmates in spaces designed to hold approximately 375 inmates when constructed in 1953. The minister of national security reported that the BDOC facility, originally built to hold 1,000 prisoners, held 1,676 inmates as of October. The ministry reported one prisoner death; the matter was before the Coroner’s Court of Inquiry.

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. Sanitation was a general problem, with cells infested with rats, maggots, and insects. A University of The Bahamas study reported that in the maximum-security block, which housed 58 percent of the prison population, inmates removed waste matter using buckets.

Prison inmates complained about the lack of a full-time dentist and a failure to appoint a staff psychiatrist. Prisoner access to a primary care physician was sporadic.

Administration: 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 Carmichael Road Detention Center (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.

Improvements: The BDOC acquired 20 industrial washers during the year for cleaning prisoner bedding and clothing, and the Ministry of National Security reported instituting a standardized cleaning program to improve hygiene conditions in the prison.

The constitution prohibits arbitrary arrest and detention, and the government generally observed these prohibitions, with the exception of immigration raids. The constitution provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, although this process sometimes took several years.

Numerous Haitian migrants reported being detained by immigration officials and solicited for bribes of 1,000-3,000 Bahamian dollars (B$) ($1,000-$3,000).

Government officials sometimes held migrant detainees who presented a security risk at the BDOC facility; migrants previously remained in custody without charges for up to three years.

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 problems. The courts were unable to keep pace with the rise in criminal cases, and there was a growing backlog.

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, a relatively effective--albeit extremely backlogged--judiciary, and a functioning democratic political system combined to promote freedom of expression. Independent media were active and expressed a wide variety of views without significant 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. In contrast with 2016, the government did not make use of criminal libel laws during the year.

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

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

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.

Abuse of Migrants, Refugees, and Stateless Persons: Migrants credibly accused police and immigration officers of excessive force and warrantless searches, as well as frequent solicitations of bribes by immigration officials. Widespread bias against migrants, particularly those of Haitian descent, continued.

Recent Elections: Prime Minister Hubert Minnis took office after his opposition Free National Movement (FNM) defeated the Progressive Liberal Party (PLP) in a general election in May. The FNM won 35 of the 39 parliamentary seats, with 57 percent of the popular vote. The PLP won the remaining four 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/or minorities in the political process, and women and minorities did participate.

Rape and Domestic Violence: Rape of men or women is illegal, but the law does not protect against spousal rape, except if the couple is separated or 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 sentence for subsequent rape convictions is life imprisonment; however, the usual maximum was 14 years’ imprisonment.

Violence against women continued to be a serious, widespread problem. The 2015 Strategic Plan to Address Gender-Based Violencereported 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) provided a counselor referral service and operated a toll-free hotline. The authorities in partnership with a private organization, operated a safe house.

Sexual Harassment: The law prohibits criminal “quid pro quo” sexual harassment and authorizes penalties of up to B$5,000 ($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.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/.

Discrimination: The law does not prohibit discrimination based on gender. 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., Stateless Persons).

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.

Birth Registration: Children born in the country to married parents, one of whom is Bahamian, acquire citizenship at birth. In the case of unwed parents, the child takes the citizenship of the mother. 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: 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 police; nonetheless, child abuse and neglect remained serious problems.

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 the accused had “reasonable cause to believe that the victim was above 16 years of age,” provided the accused was under age 18.

The Ministry of Social Services 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. 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: A child as young as 10 years old may 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.

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.

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

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

The law prohibits discrimination against persons with disabilities. The law 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.

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

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. Authorities generally granted Haitian children access to education and social services, but interethnic tensions and inequities persisted. Haitians generally had difficulty securing citizenship, residence, or work permits, in part due to a lack of capacity in relevant agencies.

Members of the Haitian community complained of discrimination in the job market, specifically that identity and work-permit documents were controlled by employers seeking advantage by threat of deportation (see section 7.b.).

The law provides no protection from discrimination. against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. 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. NGOs reported LGBTI individuals continued to face social stigma and discrimination.

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.

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 as an advocacy tool in pay disputes. Unions can exist without a majority vote from workers, but in order for one to be recognized by the government and act as an “agency shop,” it must first represent 50 percent plus one of the affected workers.

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 may 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 authorities involving “union-busting” charges, specifically in the financial services sector.

The law prohibits all forms of forced or compulsory labor. The government did not always effectively enforce applicable law, due to lack of capacity. The government received five reports of human trafficking, including three sex trafficking victims, one sex and labor victim, and one labor victim. Local nongovernmental organizations 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. 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, and particularly in the outlying Family Islands. There were reports that noncitizen laborers, often of Haitian origin, were vulnerable to compulsory 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 required noncitizen employees to ‘work off’ the work permit fees, which ranged from B$750 ($750) to B$1,500 ($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 potential abuse.

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

The law prohibits the employment of children under age 14 for industrial work or work during school hours. Children under 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 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.

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 B$1,000 ($1,000) and B$1,500 ($1,500), which was sufficient to deter violations.

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 based on 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. Foreign migrant workers with work permits consistently received legal protections when making complaints to the government.

In July 2015 the Ministry of Labor and National Insurance raised the minimum wage from B$4 ($4) to B$5.25 ($5.25) per hour, well above the established poverty line of B$4,247 ($4,247) per annum. A National Tripartite Council is responsible for implementing the statutory provisions of International Labor Organization Convention 144 and ensuring 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 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 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.