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BAHAMAS: Minister Dames Explains why Bill is not a ‘Spy Bill’

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#Bahamas, April 30, 2018 – Nassau – While giving his contribution to the Interception of Communications Bill 2017, Minister of National Security the Hon. Marvin Dames termed it a comprehensive contemporary law to fight “sophisticated technologically savvy criminals and dismantle their criminal networks.”

“From the outset, let me dispel this ridiculousness of the Interception of Communications Bill being referred to as a ‘Spy Bill’,” Minister Dames said in the House of Assembly, on April 25, 2018. “For all within hearing distance of my voice, it is not and I will explain in my Contribution this morning.

“The word ‘spy’ connotes breaking the law and impinging upon the constitutional rights of an individual.  The mere fact that we are in honourable House debating this very important Bill, represents an urgent need to send a clear message that this Government, is committed to adhering to the Constitution of The Commonwealth of The Bahamas and the rule of law and in no case assuming the posture of politics of disrespect and arrogance.”

Minister Dames pointed out that a responsible Government does not come to Parliament to inform its citizens and pass legislation only to ignore the very legislation it was responsible for bringing to Parliament.

“This does not make sense,” he stated.  “The entire absurdity of the Interception of Communication Bill being referred to as a ‘Spy Bill’ needs to be put to a perpetual rest.”

Minister Dames said that the Interception of Communication Bill was timely and pertinent to The Bahamas’ national security and well-being as a nation.  He added that the foremost aim of the Bill was to thwart any and all national security threats to Bahamian citizens, residents and visitors.

“This Bill is a vital tool to assist in our crime fighting strategies, particularly in combating drug, human, and gun trafficking, gang violence, cyber crimes and other forms of transnational organised crimes,” Minister Dames said.  “Without legislation such as this one, law enforcement agencies will be severely handicapped and disadvantaged in their attempts to detect, collect, analyse, investigate and prosecute associated crimes in a world where technology related platforms have become the preferred means of communications across the globe especially for organised crime organisations.

“Therefore, the question, we must now ask ourselves, ‘Who do we prefer to have the upper hand, organised crime groups or the men and women in law enforcement who have taken an oath to protect us all?’.”

Minister Dames noted that the Bill sought to provide a single legal framework within which the interception of all communications on public and private systems would be authorized inclusive of public telecommunication operators and Internet providers. The Bill, he added, provides for the interception of communication carried wholly or partly by wireless telegraphy and also covers all mail handling systems including parcel and courier services.

“This Bill further provides for the use of certain devices for listening to private conversations,” he said.  The Bill, once passed, will come into operation on a day decided by the National Security Minister and it will be publicly announced.”

Minister Dames noted that the word communication, as defined in Section 2 of the Bill, included anything transmitted by means of a postal service, including a postal article; anything comprising speech, music, sounds, visual images or data of any description; and signals serving either for [impart] of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus.

Intercept or Interception, as defined in the same section of the Bill Section, he added, included aural or other acquisition of the contents of any communication through the use of any means, including an interception device, so as to make some or all of the contents of a communication available to a person other than the sender or recipient or intended recipient of that communication; monitoring of a communication by means of a monitoring device; viewing, examining or inspecting of the contents of any communication and diverting of any communication from its intended destination to any other destination.

Minister Dames stated that, in the last two decades, information and communication technologies (ICTs) have continued to advance, thus highlighting the critical need for the collection of data to be used as a fuel to protect and enhance national security interests.

“The smartphone, which can be referred to as one’s most personal computer, is owned by approximately 2.5 billion of the world’s population, according to Statista, a leading provider of consumer data,” he said. “The Pew Research Center, a nonpartisan fact tank, found in a recent study an estimated 95 percent of all Americans owned cellphones; nearly three quarters of American adults own desktops or laptops; half of the adult population own tablets and around one in five own e-readers.

“I suspect that the use of ICTs in The Bahamas is widespread,” he added.  “With this ever increasing use of communication gadgets and its rapid evolution, it is imperative that legislation allow law enforcement to keep pace with changing technology and prevent criminals from abusing communication devices to commit offences.”

That, Minister Dames said, was the crux of the Bill: the necessity for law enforcement to address dangers posed by criminals using advanced technologies such as newer encrypted forms of Internet-based communications,inclusive of computers, Ipads, smartphones and other similar instruments.

“I can speak of personal experiences in which police acting on intelligence pursued criminal networks in this country and in doing so, it was not uncommon for criminal groups to have had multiple disposable prepaid phones which they were able to quickly discard so as to evade detection,” Minister Dames said.  “This ‘modus operandi’ is nothing new and will only increase in occurrences.”

“As such, we have to equip our law enforcement agencies with the applicable legislative tools to remain relevant and collect the necessary investigative information by way of modern platforms for the sole purpose of protecting the local as well national security interests of the people they have sworn to protect,” he added.

 

By Eric Rose

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Caught in the Net, Not Accused of Wrongdoing

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What the Attorney General must do now to protect Bahamian exports

Deandrea Hamilton | Editor

NASSAU, Bahamas — The United States’ decision to impose a 12.5 percent tariff on Bahamian exports is about more than higher costs for seafood, rum and other goods entering the American market. It is a warning that The Bahamas must move quickly to strengthen or clarify its legal framework governing forced labour and supply-chain enforcement.

The tariff, which takes effect July 24, is part of a sweeping U.S. trade action affecting 60 economies following a review by the Office of the U.S. Trade Representative (USTR). The review concluded that the listed countries have not adequately prohibited or enforced measures against goods linked to forced labour in global supply chains.

The action follows a recent U.S. Supreme Court ruling that invalidated an earlier series of Trump-era tariffs imposed under emergency powers. In response, the Trump administration shifted to a different legal authority—Section 301 of the Trade Act of 1974—using findings from a U.S. Trade Representative investigation into forced-labour compliance to support a new round of tariffs affecting 60 economies, including The Bahamas.

Importantly, the action does not accuse Bahamian businesses of using forced labour. Instead, it reflects the U.S. view that The Bahamas’ legal or enforcement framework does not yet meet the standard Washington expects.

That distinction matters.

The Attorney General’s Office now has the responsibility to lead the country’s legal response. That begins with determining precisely what concerns the U.S. Trade Representative identified, reviewing whether Bahamian law adequately addresses those concerns and, where necessary, recommending legislative or regulatory changes. If deficiencies exist, legal amendments and stronger enforcement could help position The Bahamas for removal from the tariff list.

The government may also seek formal discussions with U.S. officials while those reforms are undertaken, outlining a clear timetable for compliance and demonstrating that the country is committed to meeting international labour standards.

A Nassau Guardian front-page report on July 24 drew attention to the tariff action, prompting broader questions about why The Bahamas was included among the 60 economies affected by the U.S. trade measure and what steps are now needed to restore full confidence in the country’s trade framework.

For many Bahamians, the immediate concern will be the fisheries sector, one of the country’s largest export industries. Commercial shipments of lobster, conch, fish, crawfish and other products entering the United States could become more expensive because of the additional tariff, potentially affecting exporters’ competitiveness.

The broader lesson is that international trade increasingly depends not only on quality products, but also on strong business relationships and confidence in the legal systems that govern them.

For The Bahamas, this is less a finding of wrongdoing than a reminder that international credibility is earned through modern laws, effective enforcement and trusted partnerships. The challenge now is for the Attorney General’s Office to lead a swift legal review, identify any deficiencies and chart a clear path toward compliance so Bahamian exporters are not burdened any longer than necessary.

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What 45 Shell Casings and New Murder Charges May Mean for Three Officers in the Azario Major Case  

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By Deandrea Hamilton | Editor

NASSAU, Bahamas (July 16, 2026) — The allegation is as shocking as it is consequential. Prosecutors now contend Azario Major was struck by additional gunfire after he was already dead.  That conclusion has prompted the Director of Public Prosecutions to upgrade the case against three police officers from manslaughter to murder ahead of a judge-only trial.

According to court filings and the DPP’s review of the forensic evidence, prosecutors allege that additional rounds entered Major’s body after death, a finding they say fundamentally changed their assessment of the case and justified the more serious charge of murder.

Investigators recovered 45 spent shell casings at the scene of the Boxing Day 2021 fatal shooting of Azario Major, a striking piece of forensic evidence that has remained central to the case from its earliest days.

Major, 31, was fatally shot by police outside Woody’s Bar on Fire Trail Road on December 26, 2021. While police initially maintained the shooting was justified, the circumstances surrounding the incident were heavily scrutinized during a Coroner’s Court inquest, where jurors ultimately returned a verdict of homicide by manslaughter.

The officers later challenged that finding, but the Supreme Court upheld the Coroner’s Court ruling, paving the way for criminal proceedings. They were subsequently arraigned on manslaughter charges and pleaded not guilty.

The DPP’s decision to elevate the charges to murder significantly raises the legal stakes. Unlike manslaughter, which does not necessarily require proof of an intent to kill, a murder conviction requires prosecutors to establish the legal elements of the more serious offence beyond a reasonable doubt. The prosecution’s case is now expected to focus heavily on forensic evidence, ballistic analysis and the sequence of gunfire during the fatal encounter.

The case is also notable because it will proceed without a jury. Barring further delays, the trial is expected to open on September 14 before Justice Guillimina Archer-Minns in a judge-alone trial, where a single judge—not a jury—will decide the fate of the three accused officers.

The proceedings will determine not only whether the three officers are guilty or innocent of murder, but whether prosecutors’ extraordinary allegation—that Azario Major was struck by additional gunfire after he was already dead—can be proven in court.

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CARICOM Targets Affordability as Bahamas, TCI Continue to Feel the Pinch  

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By Deandrea Hamilton

 

Cheaper shipping. Lower energy costs. Better access to healthcare. Stronger consumer protections.

Those are among the measures CARICOM Heads of Government believe could finally begin reducing the stubbornly high cost of living for millions of people across the Caribbean.

Meeting in Saint Lucia, regional leaders agreed that making life more affordable must become one of the Community’s highest priorities. Their emerging strategy includes reducing freight costs through a regional ferry service, accelerating renewable energy projects to lessen dependence on imported fuel, expanding regional healthcare partnerships, strengthening consumer protection, and encouraging governments to adopt successful cost-of-living measures already being implemented across the Caribbean.

“Our discussions over the past four days were guided by one central objective – ensuring that CARICOM delivers results that people can see and feel in their everyday lives,” CARICOM Chairman and Saint Lucia Prime Minister Philip J. Pierre said.

Few places may welcome that relief more than The Bahamas and the Turks and Caicos Islands.

Although inflation has moderated in both countries from the sharp increases experienced following the pandemic, the cost of living remains stubbornly high. Families continue to complain about grocery bills that stretch household budgets, rising housing costs, expensive electricity, healthcare expenses and fuel prices that remain among the highest in the region.

Governments have responded.

In The Bahamas, successive reductions in Value Added Tax on selected goods and other targeted tax measures have sought to ease pressure on consumers. In the Turks and Caicos Islands, the Government this weekend opens applications for its $500 Cost of Living Relief Programme, acknowledging that many households continue to struggle despite the country’s economic success.

Yet affordability remains elusive.

The contradiction is difficult to ignore.

The Turks and Caicos Islands continues to post one of the region’s strongest tourism-driven economies, with robust investment, record visitor spending and sustained construction activity. The Bahamas has also strengthened its economic position, earning improved sovereign credit ratings as tourism, government revenues and fiscal performance continue to recover.

Yet those encouraging economic indicators have not translated into noticeably lower household expenses.

The reason is largely structural.

Both The Bahamas and the Turks and Caicos Islands produce relatively little of what they consume. Food, fuel, medicines, vehicles, building materials and countless household essentials are imported. Both countries also record significant trade deficits, illustrating their dependence on overseas suppliers. Every increase in global shipping costs, fuel prices or supply chain disruptions is eventually reflected in supermarket prices, utility bills and the cost of everyday living.

That is why CARICOM’s agenda matters.

If regional leaders succeed in lowering freight costs through an inter-island ferry network, expanding renewable energy, improving regional cargo movement, strengthening consumer protections and making healthcare more accessible through cooperation, the benefits could extend far beyond government balance sheets.

For Bahamians and Turks and Caicos Islanders, success will not be measured by another tourism record or another credit rating upgrade. It will be measured at the supermarket checkout, on the monthly electricity bill, at the gas pump and in the simple ability to afford a better quality of life.

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