The Bahamas and the Case for Another National Holiday... ...the addition of Majority Rule Day... ...

By:	Llonella Gilbert
	Bahamas Information Services
	May 7, 2013

Bahamas Would Not Be Out Of Sync With 11 National Holidays

NASSAU, Bahamas -- Prime Minister the Rt. Hon. Perry G. Christie said based on random surveys of other nations, with 11 national holidays including the addition of Majority Rule Day, The Bahamas will not be out of sync with international norms.

The Prime Minister set out to prove that the concern about the aggregate number of public holidays in The Bahamas is “greatly exaggerated” as he wrapped up the debate on the Majority Rule Day Bill in House of Assembly, Monday, May 6, 2013.

“At present, we observe 10 national or public holidays in The Bahamas. The addition of Majority Rule Day will bring this number to 11. How does this compare with other countries?”

Prime Minister Christie said, “As a comparative frame of reference, the following should be noted:

In the U.S. there are 11 federal public holidays (one of these, it should be noted, is observed quadrennially (the others being observed annually).”

He explained that in Barbados, they also have 11 public holidays. (Of particular interest, Barbados has both a National Heroes Day and an Errol Barrow Day observed as separate national holidays).

“In Trinidad, they have as many as 14 national holidays.

“In the United Kingdom, the position varies: England has eight ‘bank’ holidays, as they are called, but Scotland and Northern Island which are integral parts of the United Kingdom have nine and 10 public holidays, respectively.”

He said in Bermuda, a colonial territory with whom The Bahamas has a great deal in common, both in terms of historical ties and basic economic configuration (tourism and financial services), there are 10 public holidays.

In the Cayman Islands, another colonial territory with which The Bahamas has certain economic similarities, they have 12 public holidays.

The Prime Minister explained that in continental Europe, in France, they have 12 public holidays.

“In Switzerland, a country that we have a lot to do with in terms of our financial services industry, holidays are set not by the federal government but by the 26 individual cantons into which the country is divided.

“Interestingly, however, for a country that justifiably prides itself on its work ethic, 17 of the 26 cantons have public holidays of 10 or more. In fact, there are some cantons in Switzerland that have as many as 14 to 15 public holidays every year.

“Indeed whether one looks at it intra-regionally, hemispherically, or globally, we will remain very much in line with the norms of developed and developing countries alike.”

Prime Minister Christie said he is aware that employers are concerned that additional holidays may translate into additional measurable financial losses during a time when many businesses are facing during difficult times as many countries are facing recessions and they want to ensure maximum productivity from workers.

“However, that is not an argument against making Majority Rule Day a public holiday. Rather it is, I would submit, an argument – and a perfectly legitimate argument - that perhaps the time has come for national bi-partisan consensus that the total number of public holidays should not increase beyond the total number that will come about when Majority Rule is added to the list.”

He added, “In other words the time has perhaps come for us to agree that after this addition of Majority Rule Day, no more holidays will be added in the future unless an existing holiday is eliminated. That way, the total number would remain stable for the indefinite future.”

Bahamas Gov

Caribbean Blog International

Audit Report: The National Insurance Board (NIB) Salaries and Bonuses were Unauthorised

Report: NIB Salaries and Bonuses Unauthorised

By Ianthia Smith
Jines Bahamas




The National Insurance Board (NIB) audit report noted that former Chairman of the NIB Board of Directors Patrick Ward increased suspended Director Algernon Cargill’s base salary from $140,000 to $171,225.50 from October 20, 2008 to October 19, 2011 without the proper approval.

According to the controversial and scathing report the increases were given without the approval of former Prime Minister and NIB Minister Hubert Ingraham, NIB board of directors and human resources.

The auditors from Grant Thornton sought advice from Thomas Evans QC, senior partner at Evans and Co. Attorneys at Law to determine whether the authorisation and payments of executive salaries and bonuses by Mr. Ward without the knowledge of the proper authorities were in accordance with the NIB act.

But in his opinion, the attorney indicated that Mr. Ward, in approving these payments without the full knowledge of the NIB board and the human resources committee.

That such actions were ultra vires, or beyond the powers of both the board and human resources and consequently are void and of no effect.

Additionally, Mr. Evans said in the report that Mr. Cargill and Human Resources Vice President Richenda King in submitting the proposal for salary increases to Chairman Ward for authiorisation may lead to an inference that they were complicit in the ultra vires conduct of the chairman.

Also from the scathing report Grant Thornton outlined the findings of an interview the company did with Mr. Ward and is reported as saying, “I believe that I did not do anything illegal or unethical and I would certainly react very strongly if someone tried to tarnish my reputation.”

The interview also said Grant Thornton asked Mr. Ward why the Board was not informed about Mr. Cargill’s increases.

According to the report, he replied, “We did not discuss details of the executive remuneration at the full Board meetings. The minister does not approve annual increases. The minister approves the initial contract/terms of the contract,” he continued.

“You cannot run to the minister every time for salary increases. The previous minister didn’t and as far as I’m aware, it has never been done.”

The report also noted that Mr. Cargill took home more than $915,000 from 2011 to early 2013 acting as an NIB representative on the Commonwealth Brewery Limited, Cable Bahamas Limited and Bank of The Bahamas Limited boards.

May 08, 2013

The Bahama Journal

Caribbean Blog International 

Facebook and the Rights of Bahamians in The Bahamas

By Dennis Dames:



Facebook is free for all, but it doesn’t mean that we are liberated to slander others with impunity - or to make vile threats against brothers and sisters without consequences. Facebook was not designed to override the justice system, or to be a place where public trials and inquiries are conducted by citizens - in the name of justice.

I have noticed recently, that some of our Bahamian brothers and sisters are using Facebook to exercise their so called rights, while they infringe on the rights of others. This cannot be right. I have witnessed so called trials and inquiries being conducted by compatriots who apparently feel that they are now magistrates and judges in the Bahamian court system.

I have noticed that some of us are now being picked-up, questioned and charged for our Facebook indiscretions. It appears to be getting worse, rather than better. We all have been warned by the Commissioner of Police about our irresponsible Facebook maneuvers; some of us believe that the COP’s warning is a joke, so we continue to be out-of-control in the distorted interests of freedom and justice – on Facebook.

Well, like the saying goes: for every action – there is a reaction. We all have equal rights, and we are all equally free. The law exists to protect every citizen. It is a shame therefore, that some of us feel that we have exclusive rights, so we continue to be the self-appointed judge of the land, the violator of personal privacy, or the shameless slanderer on Facebook.

Okay! Carry on, until the law knocks on your door - to take you to the lawful place, where you must answer accordingly - for your potentially criminal Facebook behavior.

May 05, 2013

Caribbean Blog International

Bahamas Immigration Policy Hurts Tourism ...and Business Expansion

Immigration Policy Hurting Tourism Investment

Tribune 242 Editorial:



MANY BAHAMIANS are walking contradictions. They accept that this country needs the goodwill of tourists and foreign investors, but — in the words spoken from the floor of the House by an older generation — they also “believe that they should bring them (foreigners) in, suck ’em dry and throw out the husks”.

 

While the Tourism Ministry is spending big bucks to convince visitors and investors that the Bahamas is the ultimate paradise, the heavy boots of Immigration seem to be working overtime to destroy those efforts.

 

If it is an increase in Bahamian jobs that this government wants, then the Immigration policies, as currently executed, are not going to encourage production of those jobs — rather it will mean that, even locally, many business owners will think twice before expanding.

 

It should be made mandatory for every Immigration officer to attend the Bahamas Host programme to understand what it means to be working in such a sensitive economy — an economy that depends upon goodwill and confidence. Good manners will not hinder these officers in the efficient execution of their duties, but at least they will learn how to carry out their duties without being boorish.

 

Judging from the hits on our website from the general public and the telephone calls, the public is incensed by the treatment of the sea lion trainer who was humiliated before the guests of Atlantis earlier this week. All Bahamian hotels are competing against the world market for the tourist dollar. This is the only way that they can keep their doors open, hotel rooms filled, and Bahamians employed.

 

Atlantis, with its almost 8,000 employees and related associates, is the largest private employer in the Bahamas. Of this number, 74 are foreigners on work permits — way below the number of permits allowed Atlantis under its heads of agreement with government.

 

Yet this week, three Immigration officers entered Atlantis’ private property through a back gate, interrupted a session the sea lion trainer was conducting with some of the hotel’s visitors, demanded her passport, which, of course, she did not have on her, resulting in them ordering her to their car and driving off. No explanation to anyone. It was a mistake, of course. The lady was breaking no Immigration laws. She was working legally for the resort.

 

While calling the incident “regrettable,” Immigration Minister Fred Mitchell’s comment that on some occasions the execution of policy causes some “confusion” was not good enough.

 

Nobody can be confused by common good manners. Wouldn’t it have been more polite to have waited until the session with the guests was over? The officers could have then taken the lady aside and asked the pertinent questions.

 

Of course, the correct procedure, rather than rushing out the door to show off their bully tactics, would have been to have checked the database at Immigration to confirm the woman’s immigration status. What they would have discovered was that whoever had “tipped” them off to the “illegality” was misinformed.

 

If whoever in Immigration had done their job, these men would never have been instructed to go to the resort. However, even if Immigration had discovered something wrong, they should have telephoned the hotel and asked to speak with Mr George Markantonis, the president and managing director of the resort, or one of his assistants. But, oh, no! There’s certain excitement in showing who is the boss “in we country!”

 

Although matters had been smoothed over, Mr Markantonis made it clear that he was still “extremely upset” at the “heavy-handed behaviour” of two of those three officers.

 

An Associated Press report, published in the Charlotte Observer, in Charlotte, North Carolina, on Wednesday, quoted Mr Winston Rolle, former CEO of the Chamber of Commerce, as saying that there are not enough skilled Bahamian workers available for the private sector in the Bahamas.

 

“What happens when we cannot find people to get the job done? Are these businesses supposed to go without? I don’t think that is practical and realistic,” Mr Rolle said. “I think the current stance by government is damaging. For people sitting outside of the Bahamas, what is being portrayed is scary.”

 

But Atlantis was not the only resort graced with Immigration’s presence.

 

Mr Sandy Sands, senior vice president of Baha Mar, had his own Immigration visit. The officers arrived at the Sheraton during the lunch period and detained senior engineers. Mr Sands said that the officers approached the foreign staff in public view. ‘‘At our urging,” said Mr Sands, the officials agreed to “take the matter to a private location,” where the matter was resolved.

 

While supporting the Bahamianisation policy – by “recruiting talented Bahamians to work in various positions throughout the organisation,” said Mr Sands – “the long-term success of our project depends on attracting expatriates whose skill sets contribute to the success of the project or our operating entities and by extension contribute to the long term success of our operation.

 

“We have to be careful in terms of the manner in which enforcement of the Immigration Department is conducted and we really have to enhance the perception that the government welcomes foreign investment and by extension welcomes those skill sets that are not readily available within the country.”

 

The country also has to be “very careful”, he said, that it does not send signals to investors or potential investors that the country is not investor-friendly.

 

According to Wikileaks, a US Embassy official in February 1976 had an interesting conversation over lunch with the country’s former deputy prime minister Arthur Hanna. The topic was the country’s Bahamianisation policy.

 

They discussed a range of ideas, including the cost of work permits. It was noted that certain firms had argued that their profits were so marginal that the permit fees might force them out of business. There was also the claim by the larger firms, which had to bring in large numbers of technicians to service equipment, that the added costs were prohibitive.

 

“Hanna’s attitude,” the official reported to Washington, “ranged from scepticism to outright rejection. He showed no concern over the possibility that the alternative to paying the work permit fees or employing Bahamians was to close down the business.”

 

Today with the economy desperate for an injection of capital, no one can afford to have such a cavalier attitude — certainly it will not produce the 10,000 jobs that the PLP promised in their first months in government.

 

April 26, 2013

 

Tribune 242

 

Caribbean Blog International

 

Months after the failed January 28, 2013 gaming referendum, gambling continues to be one of the most divisive ...and unnecessarily distracting issues in The Bahamas

A bad gamble

Gaming Bill resurrects calls for end to discrimination

By CANDIA DAMES
Guardian News Editor
candia@nasguard.com

The government of Prime Minister Perry Christie had another bad week last week.

In fact, it seems the Progressive Liberal Party (PLP) administration has been tying itself into one strangling knot after another.

Leading up to the first anniversary of its May 7 victory, it is finding itself increasingly on the defensive and has been making the kinds of moves that awaken public angst and weaken the confidence of citizens in their government.

An increasingly hostile and confusing tone on work permits, a highly publicized immigration blunder at Atlantis resort and the junior national security minister’s suggestion that the Americans are fueling our crime problem by sending us criminal deportees were all matters that caught our attention last week.

But it was public reaction to The Nassau Guardian’s revelation on the proposed Gaming Act 2013, and an announcement that web shop layoffs could come as early as this week, that showed most clearly that the government has a lot of work to do to stem what seems to be rising anti-PLP sentiment.

Months after the failed January 28 referendum, gambling continues to be one of the most divisive and unnecessarily distracting issues in The Bahamas.

In the lead up to that referendum, there was great confusion about the process.

In the weeks and months since, there remains great confusion on the way forward for the web shop sector.

By far, the matter that is dominating national discussion is that proposed act on gambling.

As we reported, it would permit holders of casino licenses in The Bahamas to facilitate online and mobile gambling.

With a deal sealed with Las Vegas’ Cantor Gaming, Atlantis is set to offer its guests mobile gaming as of this week.

Minister of Tourism Obie Wilchcombe, who has responsibility for gaming, said yesterday this will be offered during a “test period” and the property would have to apply for the relevant license to continue mobile gaming and eventually introduce online gaming.

The failed gambling referendum notwithstanding, many people are insulted by the discriminatory bill that would allow Atlantis, Baha Mar and the holders of other casino licenses in The Bahamas to do legally what is being denied Bahamian business people.

The bill has been in the works since shortly after the Christie administration came to office last year.

It was developed outside any considerations connected to the gambling referendum, and the government worked closely with industry stakeholders in its development.

The outrage over the government’s ongoing discriminatory approach to the gambling issue is most understandable when added to the fact that the new bill excludes permanent residents and work permit holders from the class of people not permitted to gamble legally.

The bill speaks only to the prohibition of Bahamian citizens.

Under existing legislation, permanent residents and work permit holders are also prohibited from gambling.

For Bahamians, the move could not be more insulting.

Another provision of the new bill would allow people outside The Bahamas to gamble via the website of a local gaming license holder.

But those people must be in jurisdictions that allow online gambling.

Wilchcombe said there will be tight controls to guard against Bahamians gambling from other jurisdictions.

REFORMS

While Bahamians ought to be concerned over the matter, any hysteria and anger toward the investors who have long been pushing for these industry reforms are misdirected, in my view.

As good and valued investors, Atlantis and Baha Mar deserve to have legislation passed for the protection and improvement of the gaming sector and the tourism industry.

The decision to block Bahamians from gambling in local casinos is not the investors’ decision.

The casino operators in fact have said more than once that they would welcome Bahamians gambling in casinos.

The decision to keep Bahamians from gambling in casinos is the government’s continuation of a controversial and discriminatory decades-old policy.

Wilchcombe said yesterday the policy has served us well and it would need to be carefully examined before any changes are made because there are serious social and economic considerations.

“We have always restricted Bahamians from participating in the gaming activity at our casinos and it was in fact the best compromise for a tourism destination and a country that has a strong opposition from Bahamians participating, particularly the church,” he said, referring to the initial decision on casino gambling several decades ago.

“Way back then, it was a happy compromise and I think that it has proven to be beneficial for the country and it has not hurt The Bahamas.

“We have been able to build an economy without income tax, etc. and it’s really because of our progressive tourism industry, one which included gaming.”

Wilchcombe also rightly pointed to the need and desire for the gaming aspect of tourism to be more competitive — thus the need for the Gaming Bill.

Anyone who takes offense to this bill ought to take that up with their government — not the holders of casino licenses who have for years been working with the government (the former administration included) to effect these necessary reforms for a more competitive gaming industry.

In a paper outlining recommendations for reforms, casino licensees note that in recent years, casino gaming has expanded worldwide.

To stay competitive, the largest jurisdictions have been forced to update their regulations to accommodate shifting consumer tastes, technology and potential sources of new tax revenues, the document points out.

It adds that Nevada, Macau, Singapore, New Jersey and the U.S. Gulf Coast states have structured their laws to reflect recent developments.

Casino operators are hoping the reforms outlined in the Gaming Bill would drive gaming revenues and create a sustainable competitive advantage.

They made 14 recommendations to the government in a document titled “Guide to modernization of casino regulations in The Bahamas”.

One of the recommendations calls for segmented VIP gaming suites and salons. It would allow enclosed gaming rooms to be located anywhere on the resort campus of a licensed casino.

Other recommendations include credit card payments for chips and duty free exemption for gaming equipment and interactive/mobile gaming.

The licensees also proposed the impostion of an entry level for permanent residents and work permit holders.

The document notes that in Singapore, residents must buy a daily pass for US$100 or yearly pass for US$2,000 for casino entry, limiting access to those with financial means.

Wilchcombe said without critical reforms, the gaming sector would lose ground.

THREAT

A separate but very closely related issue involves the web shop industry, which is reportedly suffering under a threat of raids.

Bahamian citizens must continue to demand an end to discrimination on gaming.

Had the referendum passed on January 28, one assumes the government would have been well on its way in structuring a properly regulated web shop sector.

But Bahamian citizens would still have been barred from casino gambling.

The absence of that question from the ballot is one reason some people gave for voting against the regularization and taxation of web shops and the establishment of a national lottery.

It is also the reason some people gave for staying away from the polls altogether.  Voter turnout in fact was less than 50 percent.

Prime Minister Perry Christie has promised that while the casino question was not on the January 28 ballot, it would be a question on the ballot of a promised constitutional referendum if the Constitutional Commission recommends that it be addressed.

It would be unfortunate if the discriminatory nature of the bill derails the industry’s push toward modernization and reform.

But the failed referendum should not be taken as a true reflection of the views of the electorate on gambling.

Had the government taken its time and addressed gambling for Bahamians in its totality and in a clear process where adequate information was provided, it might have avoided anger and confusion over this very necessary step it is taking for casino owners.

Bahamian businessespeople who have for years been operating web shops now feel like second-class citizens, as do Bahamians who are being told about the provision that would provide for work permit holders and permanent residents to take part in an industry they have been told to keep out.

Wilchcombe has said the Cabinet will review the bill tomorrow.

Perhaps it would also examine why so many people have reacted so strongly against it.

April 29, 2013

thenassauguardian

Caribbean Blog International

Domestic Violence in The Bahamas... ...The Bahamas is among countries that have a very high level of lethal violence against women... ...reluctance on the part of law enforcement authorities to intervene in domestic disputes

Violence Against Women A Widespread Problem, Says Us

By RUPERT MISSICK Jr

 

 

 

 

VIOLENCE against women continues to be a “serious, widespread problem” in the Bahamas, a newly released 2012 human rights report from the US Embassy allegeges.

 

In August of last year, the police reported that 464 domestic violence cases were registered in 2011, representing the highest recorded in the previous three years. One third of the 1,285 interventions conducted by the Bahamas Crisis Centre (BCC) in 2011 related to domestic violence, and the centre experienced similar trends during the year.

 

The country’s record with regard to its treatment of women has been documented by other organisations as well.

 

The Bahamas is listed by The Small Arms Survey – an independent research project located at the Graduate Institute of International and Development Studies in Geneva, Switzerland – as being among countries that have a very high level of lethal violence against women – six women per 100,000 of the female population.

 

According to The Small Arms Survey, firearms play a major role in these deaths.

 

“Many women report having been threatened with a firearm before they fall victim to a (murder). Firearms in the home similarly represent an increased risk to women as they are more likely to be used to threaten and inflict harm on family members than to protect the home from intruders.”

 

In July, the police commissioner reported that many of the murders that took place were related to domestic violence, and another official indicated that 45 per cent of all homicides over the last 20 years could be attributed to domestic violence.

 

Ten women were killed during 2012, compared with 16 in 2011.

 

According to the report, women’s rights groups cited some reluctance on the part of law enforcement authorities to intervene in domestic disputes.

 

The BCC worked with police by providing them with a counsellor referral service to utilise when encountering rape victims.

 

“In June, a minister of state called for the BCC to change its policy of requiring those in need of counselling to come to the centre rather than dispatching volunteers to people’s homes. The BCC director pointed out that none of the centre’s staff are paid and reiterated that police should be the first point of contact for domestic disputes,” the report said.

 

The report pointed out that while rape is illegal, the law does not protect against spousal rape, except if the couple is separating, 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.

 

The report points out however, that in practice, the maximum conviction was 14 years. Survivors reported 97 rapes during the year compared with 107 in 2011 – when authorities initiated only 40 prosecutions for rape.

 

Authorities declined to provide more recent figures.

 

April 25, 2013

 

Tribune242

 

Caribbean Blog International

 

Bahamas Petroleum Company (BPC) says it expects to find crude oil in The Bahamas

BPC Expects To Strike Oil

By Jones Bahamas:

Efforts to find oil off Cuba may have failed, but the Bahamas Petroleum Company (BPC) – the only explorer searching for oil off the Atlantic archipelago – says it expects to find crude oil in The Bahamas.

BPC CEO Simon Potter recently noted that a seismic study by his company showed that the Great Bahama Bank may have oil at shallower water depths, making it easier to drill, and a layer of salt keeping the crude in place.

BPC is currently looking for a partner to raise at least $100 million to drill the country’s first exploration well in about 27 years.

It holds five licences covering more than 4 billion barrels of potential oil resources and is seeking three more with Statoil ASA.

Last month, the Christie administration gave BPC the green light to explore for oil.

Environment Minister Kenred Dorsett said the government wants to first see if there is oil in The Bahamas before proceeding with a voter referendum.

“Let’s go and bake the cake, let’s establish commercial reserves,” Mr. Potter said. Should a discovery be made, “there’ll be a much more positive issue to be managing.”

Mr. Potter has already noted that oil extraction could help The Bahamas reduce its mounting debt.

Government borrowings rose to 53 percent of gross domestic product last year from 32 percent in 2007, according to a December report by Moody’s Investors Service.

However, environmentalists are leery about drilling for oil, noting that it could destroy The Bahamas’ precious natural resources.

22 April, 2013

The Bahama Journal

Caribbean Blog International