A Powerful U.S.-based Anti-copyright Coalition Says Copyright Legislation in The Bahamas is Poor

The International Intellectual Property Alliance IIPA Lobbies to Prevent The Bahamas from Getting Off A Watch List for Violation of Intellectual Property

In its annual trade report released this month, the The Office of the United States Trade Representative (USTR) noted that The Bahamas remains on its priority watch list for inadequate protection of intellectual property rights

Copyright Concerns Grow

By Candia Dames

candiadames@hotmail.com

March 21, 2005

The Bahamas is under attack from a powerful U.S.-based anti-copyright coalition, which has mounted an intense lobby, aimed at preventing this country from getting off a watch list for violation of intellectual property.

The International Intellectual Property Alliance says in a new report that copyright legislation in The Bahamas is poor.

The IIPA is a private sector coalition formed in 1984 to represent the U.S. copyright-based industries in bilateral and multilateral efforts to improve international protection of copyrighted materials.

The Bahamas could face sanctions from the U.S. government if this lobby is successful.

This could mean withdrawal from The Bahamas of the benefits of the Caribbean Basin Initiative, which allows a wide range of products grown and manufactured in the English-speaking Caribbean duty free entry to the U.S market.

“Little or nothing is currently being done to provide effective enforcement against the spread of physical goods piracy,” the IIPA says.

“We are not aware of any police actions that serve as real deterrents against the commercial sale of pirate goods.  The lack of adequate legislation and enforcement discourages potential local and international investments and threatens the growth of a local music industry.”

Just last week, Bahamian police announced a national effort intended to target pirate goods, including DVD’s and CD’s.

The IIPA also says that The Bahamas has the potential to be a successful market for the legitimate recorded music industry due to high levels of tourism and per capita income, and adds that the legitimate industry is also very interested in the exploitation of local and international repertoire in public locations, including cruise ships, and by broadcasters.

On February 18, 2000, the Motion Picture Association and the Television Association of Programmers filed a special petition that highlighted the fact that the Government of The Bahamas had implemented a compulsory license, which they claimed violated international copyrights norms.

As a consequence, the Government of The United States entered into negotiations with the Government of The Bahamas.  Those negotiations resulted in an exchange of letters dated October 26 and November 9, 2000 constituting an agreement between the two parties.

Under that agreement, The Bahamas committed to conform its cable compulsory license to international norms.

The compulsory license allowed Bahamian cable operators – in this case Cable Bahamas – to retransmit premium cable television programming in the absence of agreements with those cable companies.

Cable Bahamas had argued that the cable operators refused to enter into agreements with them to transmit certain English language programme because The Bahamas was viewed as being a part of the Latin American market.

“Even though more than four years have now passed, The Bahamas still has not met its commitments under that agreement,” the coalition claimed, referring to the one between The Bahamas and the United States.

But Minister of Financial Services and Investments Allyson Maynard-Gibson, who has responsibility for copyright issues, said this is inaccurate.

“The Government of The Bahamas has honoured a commitment made by the previous administration to curtail the compulsory licensing regime,” she said in an interview with The Bahama Journal.

“Both houses of parliament have passed that amendment to the Copyright Act.  Submissions made this year to the [United States Trade Representative] by the Government are that The Bahamas should be downgraded because its commitment has been honoured.

“The Bahamas also points out that we hope that the USTR would be able to facilitate our effort to cause the USTR and the other specific parties, the IIPA and the Motion Pictures Association of America to honour its side of the agreement by causing the cable service providers to have premium service provided to The Bahamas.”

In its annual trade report released this month, the USTR noted that The Bahamas remains on its priority watch list for inadequate protection of intellectual property rights.

But as indicated by Minister Gibson, government officials expect that the country will be downgraded when the list is revised this year.

“You would recall that the previous administration exchanged a letter with the USTR that we would curtail our compulsory licensing regime and they would encourage the service providers to cause premium service to be provided to cable providers in The Bahamas,” she said.

“We, The Bahamas, have honoured our side of the bargain.  The United States has not yet honoured its side of the bargain and we are looking forward to them honouring their side of the bargain.”

Sidney Stubbs, Holy Cross Member of Parliament Has Four Days To Resolve Bankruptcy Matter

Friday is a holiday, leaving Sidney Stubbs just four working days to settle his bankruptcy matter

Stubbs Has Five Days To Resolve Bankruptcy Matter

 

 

By Candia Dames

Nassau, The Bahamas

March 21, 2005

 

 

Holy Cross Member of Parliament Sidney Stubbs has reportedly started paying costs associated with his defeat in the Court of Appeal against his bankruptcy order issued by Supreme Court Justice Jeanne Thompson last year.

Mr. Stubbs is approaching the first anniversary since he was declared a bankrupt.  Meanwhile it will be one year since he took up his seat in the House of Assembly.

Wayne Munroe, who represents Mr. Stubbs’s former creditor, Gina Gonzalez, has confirmed that his team will be seeking payment from Mr. Stubbs as a result of the case arising out of the Supreme Court.

Meanwhile, the Holy Cross Member of Parliament also faces an end to the deadline of March 25 granted to him after the House of Assembly approved a resolution for him to appeal the bankruptcy matter.

Mr. Munroe said on Sunday that he was not aware whether a court date had been set for the matter to return to court.

Back in January, Chief Justice Sir Burton Hall determined that under the Bankruptcy Act, Mr. Stubbs first had to settle debts with existing creditors before the order can be annulled, and that a settlement of debt with the creditor who brought the original action was not enough for an annulment.

Mr. Stubbs has argued that he has paid his debt to Ms. Gonzalez, which ought to have been enough to clear him.

If the matter is not settled before this Friday, the government would have to make a determination as to whether it would bring another resolution seeking more time for the Holy Cross MP.

It is something government officials have been trying to avoid, given the controversy the first resolution caused in the House of Assembly in September.

While some of Mr. Stubbs’s parliamentary colleagues appear confident that he would soon be able to put the matter behind him, they had been hoping that it would have been settled before the end of the six-month extension.

But that is appearing more unlikely as Friday is a holiday, leaving Mr. Stubbs just four working days to bring the matter to a close.

Government Leader in the House of Assembly Vincent Peet told The Bahama Journal last week that officials remained hopeful that there would be no need for another resolution, and indicated that that decision could not be made as long as there was still time remaining on the extension.

Some observers have pointed out that the resolution past last year is in fact ineffective given that Mr. Stubbs is not presently engaged in the process of pursuing an appeal.

A source close to Mr. Stubbs’s case claimed that ever since leaving court in January, he has been working hard to address the matter of outstanding creditors and attempting to pay off his debts.

22 Cuban men detained at Her Majesty’s Prison in Fox Hill who were allegedly involved in the uprising at Carmichael Road Detention Centre, and other Cuban nationals who entered The Bahamas illegally - to be repatriated

The Bahamas government officials have decided that it would be best to just repatriate the Cuban immigrants allegedly involved in the Carmichael Road Detention Centre uprising - than to charge them with a crime

After the riot, Cuban Consul General to The Bahamas Felix Wilson told The Bahama Journal that the “criminal” act carried out by some Cubans must be condemned

Cubans Being Sent Home

By Candia Dames

candiadames@hotmail.com

14th March, 2005

Government officials are preparing to repatriate early this week a group of nearly 30 Cuban nationals who entered The Bahamas illegally.

The arrangements are being made through the ministries of Foreign Affairs and Immigration in conjunction with the Cuban Consulate office in The Bahamas.

Among those set to be repatriated are the 22 Cuban men being detained at Her Majesty’s Prison in Fox Hill, who were allegedly involved in the uprising at the Detention Centre on Carmichael Road last December.

Instead of pushing for charges in the matter, government officials have decided that it would be best to just repatriate the immigrants.

The Bahama Journal reported last week that there is reportedly concern that charging the Cubans with a crime would result in serious backlash from the Cuban-American community in Miami.

But some people believe repatriating them could also have the same effect.

 A source close to the decision also said that it would be cheaper to send the Cubans home rather than spend money caring for them in prison.

Under the treaty The Bahamas has with Cuba, Cubans found in Bahamian territory must be repatriated.  But a key international convention requires The Bahamas to first determine whether immigrants qualify for political refugee status.  If that were the case, they would be granted asylum.

Authorities have noted that the reason why Haitians are often repatriated faster than Cubans is due to the fact that while they (Haitians) may be economic refugees, they are seldom-political refugees.

The Cubans believed to be responsible for the Detention Centre uprising were sent to the prison immediately after the incident and government officials had promised to keep them at the facility for “safekeeping” until their removal to their place of origin.

Immigration authorities had said that, “The government remains committed to fulfilling its international obligations and will make every effort to repatriate all individuals at the Detention Centre as soon as possible, once those obligations are completed.”

Minister of Immigration Vincent Peet told The Bahama Journal on Sunday that in all, 29 Cubans will be repatriated on Tuesday.

“The government believes it is in the best interest of all parties involved and it will save Bahamian taxpayers the expense of keeping the Cubans in jail,” he said.

Among those expected to be sent back to the Communist island is Francisco Napoles Valdez, the illegal Cuban immigrant who had escaped from the Detention Centre immediately after the riot and was soon recaptured.

After the riot, Cuban Consul General to The Bahamas Felix Wilson told The Bahama Journal that the “criminal” act carried out by some Cubans must be condemned.

He had also expressed hopes that the illegal Cuban immigrants who started the fire and led the attack at the centre be repatriated as soon as possible; adding at the time that a clear message must be sent that resorting to crime is not the answer to frustrations that some illegal immigrants may feel.

In the days following the uprising, the cries from the Cuban-American group, Vigilia Mambisa, faded and authorities are hoping it remains that way.

The uprising had placed the spotlight on alleged human rights abuses at the Detention Centre, which government officials were forced to deny.  Repeated claims eventually led to authorities appointing former prison superintendent Edwin Culmer as director of the facility.

Since the uprising, the Cubans being detained at the prison have also made it to the front pages of the Miami Herald, making claims of abuse.

It put authorities here on the defensive again.  Former Minister of Immigration and now leader of the Free National Movement Senator Tommy Turnquest said as far as he’s concerned, government officials are following proper procedure by adhering to the treaty the country has with Cuba.

But he also said any illegal immigrant who may have broken the law here should “face the music.”

He added, however, that part of their sentence could very well be that they are repatriated.

“If they broke laws in The Bahamas they ought to be subject to Bahamian laws,” Mr. Turnquest said.  “They ought to be tried, but over and above that I don’t know that there is anything other than what they’re doing that the government could have done.  It’s not easy, but governance is not easy.” 

More Than Three Months After The Carmichael Road Detention Centre Uprising, no Cuban Has Been Charged

The failure of police to charge any Cubans in connection with the uprising – which resulted in 11 Defense Force officers and nine detainees being injured – has some people pointing to what they see as differential treatment between Haitian and Cuban immigrants in The Bahamas 

Attorney Eliezer Regnier, who represents the Haitian family charged within days of the Nassau Village riot earlier this year, is one of them

Cubans In Limbo At Fox Hill

By Candia Dames

candiadames@hotmail.com

Nassau, The Bahamas

11th March 2005

There are reportedly concerns among some in government that any decision by police to bring charges in relation to the Carmichael Road Detention Centre uprising in December could spark a serious backlash from the Cuban-American community, The Bahama Journal has learnt.

But Assistant Commission of Police Reginald Ferguson has assured that due process is being followed in the matter.

A source close to the investigation told The Bahama Journal that there are serious diplomatic issues involved that must also be considered.

More than three months after the incident, which made international headlines, no Cuban has been charged in connection with the matter, although police and immigration authorities had indicated that charges were likely.

There are also reports that police may forward the matter to the Office of the Attorney General, but Mr. Ferguson said that determination had not yet been made.

He added, “That is one of the options that is open to us.  We may very well do that to get a thorough look at it to assist in the thoroughness of the whole investigative process.”

The failure of police to charge any Cubans in connection with the uprising – which resulted in 11 Defense Force officers and nine detainees being injured – has some people pointing to what they see as differential treatment between Haitian and Cuban immigrants.

Attorney Eliezer Regnier, who represents the Haitian family charged within days of the Nassau Village riot earlier this year, is one of them.

“I think the Cuban situation is such that the Cubans in Miami have put the fear in the government [of The Bahamas],” Mr. Regnier said.  “I think they just want to sweep that situation under the carpet.  They fear terrorist reprisals because the Miami Cubans are very aggressive whereas in the case of the Haitians, they know once they do something to them, that’s the end of the matter.”

Magistrate Linda Virgill denied the Haitian parents and their son bail and sent them to Her Majesty’s Prison.  She also suspended their permanent residence status.

However, Mr. Regnier told The Bahama Journal that he was able to eventually secure bail for Wilson Pierre, Clarisine Pierre and Celession Simeus.

He also noted that it did not take long for the Haitians who attempted to ram a Defence Force boat off New Providence to be charged either.

Magistrate Virgill gave most of those involved maximum sentences and fines after they pleaded guilty.  They admitted to trying to smuggle illegal Haitian immigrants into The Bahamas.

Mr. Regnier believes this is a clear case of differential treatment among immigrants.

But Mr. Ferguson cautioned against drawing comparisons, pointing out that each investigation is different.

“Every investigation has its own characteristics and it is determined by the investigation as it progresses,” he noted.  “I don’t think it is fair to make a comparison between one incident versus the other because every incident is different.”

Prison Superintendent Dr. Elliston Rahming has confirmed that the 22 Cuban nationals believed to have been involved in the Detention Centre incident back in December are still being held at Her Majesty’s Prison in Fox Hill.

Cuban Consul General to The Bahamas Felix Wilson told The Bahama Journal that he is aware that a group of Cubans may soon be repatriated, but he was not sure whether those at the prison may be a part of that group.

Following the fire at the Detention Centre, some Cuban-Americans demonstrated in Miami, claiming that the Cubans at the facility were being abused.

But that’s a claim government officials have vehemently denied repeatedly.

Rape Charges Dropped Against Bahamian Cabinet Minister, Bradley Roberts

Rape Charges Dropped

 

 

 

 

By Candia Dames

candiadames@hotmail.com

Nassau, The Bahamas

12th January, 2005

 

 

 

Attorney General Alfred Sears announced last night that the woman who claimed Minister Bradley Roberts raped her dropped the charge against him bringing an end to the matter that has generated much public concern over the last two weeks.

 

A statement from the AG said that the woman showed up at the Office of the Attorney General accompanied by her lawyer, Anthony McKinney.

 

"Mr. McKinney indicated that he had recently been retained by the virtual complainant in respect of this matter", the statement said.  "The virtual complainant presented the officials in the Office of the Attorney General with a letter withdrawing her complaint in clear and unequivocal terms".

 

According to the AG, her letter said, "My decision to withdraw my allegation is not based or due to any payment made to me or any offer to pay me in the future.  My decision is made of my own free will without any pressure, duress or undue influence".

 

The statement said that the woman was interviewed by the director, and the deputy director of public prosecutions - who were both, satisfied that she was making a voluntary withdrawal of the allegation of rape against Minister Roberts.

 

"I have considered the file, the recommendation of the Commissioner of Police, the advice of my senior officials and the letter of withdrawal from the virtual complainant and I have decided, in the total circumstances, not to institute criminal proceedings against Mr. Roberts in respect of this matter".

 

The surprise announcement came amid a growing call for the minister's resignation and mounting criticisms against the police and the prime minister for the handling of the matter.

 

Earlier yesterday, the Free National Movement released a statement claiming that justice was "under assault by a rash, unfair PLP".  It's a claim that PLP and government officials have vehemently denied, dismissing the FNM's comments on the matter as an attempt to gain political mileage from the situation.

 

Minister Roberts, who had maintained his innocence all along, was not available for comment on the revelation last night.

 

Only days ago, the woman's initial attorney, Wallace Rolle, indicated that she was looking forward to her day in court.

 

Last night, he said he was "shocked" when he listened to the news.

 

"I spoke with my client very early this morning", Mr. Rolle said.  "I hadn't spoken to her since then. I believe that the pressure that had been put on her caused her to succumb.  This is a sad day for me, not the fact that she had gotten another attorney, but it is sad for justice.

 

She got something like 100 calls a day from different people in the community asking her to withdraw the complaint.  I am surprised by the level we have sunk in society". 

The Bahamas Police have Cleared PLP Cabinet Minister- Bradley Roberts in relation to the rape claim made against him on December 5, 2004

Police Clear Roberts

 

 

 

 

By Candia Dames

Nassau, Bahamas

candiadames@hotmail.com

7th January, 2005

 

 

 

Attorney General Alfred Sears confirmed on Thursday that police have recommended that Minister of Works and Utilities Bradley Roberts not be charged in relation to the rape claim made against him on December 5.

 

"On Tuesday I received a recommendation from the Commissioner of Police that based on their collection of evidence and their assessment of the evidence in all of the circumstances that Mr. Roberts should not be charged", the attorney general said.

 

He continued, "Upon receipt of the evidence and the recommendation from the commissioner of police [the director of public prosecutions and the deputy director of public prosecutions] are reviewing the evidence along with the recommendation of the commissioner.  In due course they will make a recommendation to me whether the recommendation of the commissioner will be confirmed or otherwise".

 

Minister Sears, who spoke with reporters during an event at the College of The Bahamas, was also asked whether he could remain impartial in this matter.

 

He said, "As attorney general I have a constitutional obligation.  The constitution guarantees me independence as attorney general and I begin with the very simple proposition that no person is above the law - and that guided by the technical experts in the Office of the Attorney General, we will review the evidence in a dispassionate manner and in light of all of the circumstances a decision will be made".

 

If no charge is brought against the Minister, the attorney of the alleged victim plans to file an affidavit, asking a magistrate to hear the case in any event.

 

But Wallace Rolle told the Bahama Journal on Thursday that he is prepared to wait a few days to allow officials in the AG's Office to carry out their review.

 

He said he was disappointed to learn of the attorney general's confirmation.

 

"Certainly that won't deter my client and that won't deter me", he said. "I still believe that if the professionals in the AG's Office who would have an opportunity to look at the file don't want to press charges, we still have the option of going by way of private prosecution".

 

Sources in government also indicated that the Prime Minister was doing "the best thing" by also taking a wait and see attitude - and would only be prepared to ask Minister Roberts to step down if he is charged in connection with the matter.

 

The public debate surrounding the matter, meanwhile, continued to swirl on Thursday.

 

In grocery stores, in the halls of workplaces (perhaps even around the water coolers), on the streets, and on radio Love 97's "Issues of The Day" with Jeff Lloyd, the talk remained on the allegation and whether the Minister should step down.

 

The views, as one would imagine, were varied with some callers suggesting that an allegation is not enough for the Minister to resign; and others insisting that his resignation would be in order.

 

Not surprisingly, it was the same view expressed by the Free National Movement in a new statement.

 

The Official Opposition, in a release separate from what had been issued on Wednesday by the FNM Action Group, said the Bahamian people will not be well served having a minister who is unable to give fully of his time and good judgment to the affairs of the state.

 

"If it should run its course we have no doubt that Mr. Roberts will receive a fair trial in our courts and his accuser a fair hearing", said the statement, which was sent by party chairman, Carl Bethel.

 

"Until the process is concluded, we make no judgment about his guilt or innocence and we urge the Bahamian people to do likewise".

 

He made it clear that it is not the party's belief that a Minister of Government should vacate his office because any frivolous allegation is made against him.

 

"However, in the present case the allegation against Mr. Roberts is by no means frivolous", the statement said. "Neither does it appear that it has been frivolously made".

 

He also said a "rotten" example is being set by authorities in this case.

 

"Whatever procedure you use for Jack, you must use for Jill", said Mr. Bethel, who was apparently unconvinced by the assurance given a day earlier by the police commissioner that the case in question was treated the way any similar matter is treated.

 

Speaking to the Bahama Journal on Thursday, Mr. Bethel, a former attorney general, said he was very surprised that the matter has been forwarded to the Attorney General's Office.

 

"The discretion to bring a prosecution has traditionally been given over to the commissioner of police for many, many years", he said. "So I'm surprised that the commissioner of police would have forwarded a file like this under these circumstances to the Attorney General's Office".

 

But Commissioner Farquharson has stressed that forwarding the file to the AG's Office was nothing unusual and he assured on Wednesday that there is only one standard of law in The Bahamas despite the perception that some people may have.

The Bahamas Police Chief Passes the Buck on Alleged Rape Against Bahamian Cabinet Minister- Bradley Roberts, MP

Bahamas Police Chief "Passes Buck"

 

 

 

 

 

By Candia Dames

Nassau, The Bahamas

candiadames@hotmail.com

6th January, 2005

 

 

 

Commissioner of Police Paul Farquharson was called upon three times during a press conference on Wednesday to explain why police took three weeks to question Minister of Works and Utilities Bradley Roberts in connection with the rape claim made against him.

 

Mr. Farquharson said police did not want to act prematurely and in some instances have waited up to six months to question persons accused in similar matters.  The Minister said in a recent statement that he went to the police "voluntarily".

 

The police commissioner also declined to answer another pressing question as members of the media pressed him on whether there was enough evidence to charge the Cabinet Minister with a crime.

 

Mr. Farquharson instead suggested that reporters contact the AG's Office for an answer to that question, which was perhaps the most pressing one of the day.

 

During the press conference at police headquarters on East Street, he also insisted that the police did not move too slowly in the matter despite the perception that some members of the public may have.

 

"Remember that once a complaint is laid against any citizen of The Bahamas by another citizen, the police must conduct lines of inquiries in order to prove that allegation", he said.  'It is only at certain stages of the investigation will you pick up or invite or arrest a suspect in order to put the questions of that inquiry to that particular suspect'.

 

The police commissioner also praised his detectives for concluding the investigation in "record time", noting that the woman reported the allegation on December 5.

 

"There are several other cases that are similar that have come before the police that have taken a longer time" ,he said.  "There are some that may have taken a shorter time, but this one took four weeks".

 

But his statements were not enough to convince Wallace Rolle, the alleged victim's attorney, that police handled the matter efficiently.

 

Mr. Rolle asked Mr. Farquharson to explain why Minister Roberts was not questioned sooner.  But the police commissioner indicated that it was inappropriate for him to ask the question in that setting and declined to give an answer.

 

Following the press conference, Mr. Rolle said the event was 'a complete waste of time'.

 

"The commissioner passed the buck", he charged.  "I don't think he answered any question. I don't think we're any closer today than we were yesterday.  He doesn't want to make a decision.  He wants somebody else to make the decision.  A month later, this lady who made a complaint to the police is no closer to getting before the court and I think that is unfortunate".

 

During the press conference, Mr. Farquharson assured that there was no political interference in the investigation and he said no one is above the law.

 

"This allegation, like every other serious allegation, placed the onerous task on the police of conducting an objective, transparent and a thorough investigation into the matter reported", he said.

 

Mr. Farquharson was asked whether he was concerned about the perception that some people may have that the Minister's case is receiving special treatment.  He assured that it was not and explained why he felt it necessary to call a press conference in relation to this rape claim as opposed to any other rape claim.

 

"I think it's very clear to everyone that this matter has drawn great public debate and because of the individual who is involved, who occupies a very high profile office, the public interest certainly goes above everything else and I thought from where I sit, I owe [it to] the citizens of this country to explain how that investigation took place", he said.

 

"This particular incident of the allegation that is laid before us is one that created great public concern and I felt as commissioner that I had a responsibility to forward the results of this investigation to the AG's Office.

 

"We have forwarded many matters to the AG's Office before.  This is not the first rape incident that has been forwarded to the AG's Office for further considerations or direction.  This is only one of many so there is nothing unusual about this particular case".

 

Director of Public Prosecutions Bernard Turner, who spoke to the Bahama Journal from his office on Wednesday, also pointed out that it is not unusual for the police to send a file of this nature to the AG's office.

 

When asked how long it will take for authorities there to make a determination on the matter, he said, "We want to consider it properly.  I expect that we will make a determination in due course".

 

Like the commissioner of police, he declined to say whether the police have made a recommendation on whether there is sufficient evidence for the Minister to be charged.

 

At the press conference on Wednesday, Chief Superintendent of Police Marvin Dames told reporters that police find themselves in a "very, very unique situation".

 

"Because we have to appreciate and respect due process and the rights of individuals, we cannot just carelessly reveal aspects of the investigation to the press and members of the public as we receive it", Mr. Dames said.

 

"We only release what we feel is fair to release and we have never done an investigation in the press and that is critical.  We have not done so because we respect the rights of both parties".

 

His statement was an obvious reference to a question asked by a reporter regarding whether Minister Roberts has admitted to having sexual relations with the woman who made the claim against him.

 

In a recent interview with the Bahama Journal, the Minister said only that he knows the woman in question.