By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Bahamas was yesterday urged to “see through” its anti-corruption reforms package to full completion after a US government report highlighted “growing concerns” over its governance systems.

Matt Aubry, the Organisation for Responsible Governance’s (ORG) executive director, told Tribune Business that laws such as the Freedom of Information Act, Ombudsman Act and recently-passed Independent Commission of Investigations Bill represent “a formidable framework” for combating graft plus boosting transparency and accountability in how the Government interacts with all citizens.

He warned, though, that “it’s critical” such reforms do not exist solely “on paper” or “as a theory”, and that they must start to deliver “real and tangible results” for the Bahamian people through being fully implemented and backed with the necessary financing, staff and resources to ensure proper enforcement.

Mr Aubry, noting that this nation is seeking to break with a “murky past”, spoke out after the US State Department, in its 2025 ‘investment climate statement on The Bahamas, repeated what are becoming annual concerns about the stalling, delaying or inadequate implementation of anti-corruption and governance reforms that have been much-touted by multiple administrations (see other article on Page 1B).

The report, which has been seen by Tribune Business, asserts that - despite the introduction of the Public Procurement Act and digital ‘Go Bonfire’ procurement platform - “a lack of transparent investment procedures and legislation continues to create challenges for investors”.

It added that The Bahamas’ nine-point fall in Transparency International’s Corruption Perceptions Index since 2011 indicates “growing concerns over governance and anti-corruption enforcement”, and noted that the office appointed to administer the Freedom of Information Act still lacks the necessary technical and administrative staff some eight years after the Act was passed.

The US ‘investment climate statement’ on The Bahamas also asserted it is “unclear” why implementation of the Office of the Ombudsman, which would deal with complaints of maladministration and ill-treatment of Bahamians in their interaction with public services and government agencies was being “delayed”.

And it repeated prior criticisms about the “inconsistent” application of anti-corruption reforms to cases involving public officials, while noting the charges facing Adrian Gibson, the Long Island MP, and former Cabinet minister, Lanisha Rolle. Both matters remain before the courts, and each has pleaded not guilty to the claims being made against them.

Still, the US report hinted at disappointment over the fact it will take “one to several years” for the Independent Commission of Investigations to become “fully operational”, while reiterating that the last time the financial disclosures of MP, Senators and senior civil servants were publicly gazzetted and published was 2011. And that was for disclosures made in 2008 - some 17 years ago.

And the US report said election campaign financing “continues to be largely unregulated, lacking sufficient safeguards against quid pro quo donations and foreign influence” while civic non-profit groups such as ORG “have no legal protections” when investigating corruption.

Ryan Pinder KC, the attorney general, did not respond to Tribune Business messages seeking comment before press time last night. However, Prime Minister Philip Davis KC previously confirmed that his administration has more important priorities, such as fighting the ‘cost of living’ crisis, than ensuring laws such as the Freedom of Information Act are fully implemented and funded.

Mr Aubry, though, yesterday conceded that the US State Department’s latest ‘investment climate statement’ is “very reflective of the current state of where we are at”. He said: “The fact they are noted is part of the challenge we have talked about for a while. 

“If we are looking to create an environment that is ‘best in class’ for investment we have to hit that standard and demonstrate The Bahamas is a place where investors want to bring their resources. In that space, it also highlights what we are talking about - the advantages that come from a Freedom of Information Act, Office of the Ombudsman, a fully-developed Public Procurement Act, a Public Disclosures Act that is fully transparent and the Integrity Commission.

“All of those being put together creates a formidable framework, and a lot of thing that can be pushed, but if it’s only on paper, not a priority or at risk of being back stepped” by a lack of will and support to properly follow-through with full implementation then the anti-corruption reform benefits will not be realised.

Mr Davis on June 4 this year, explaining why the Freedom of Information Act is not a priority for his administration, said: “The Bahamian people were suffering. Some are still suffering. And until that suffering is alleviated, things as esoteric as matters of freedom of information, they can’t take priority in my mind when a little baby can’t find food tomorrow. That is what worries me,” he said.

“Freedom of Information Act, that’s about accountability, right? I’m not ashamed to say I’m an accountable person, right? I have transparency, and all the negativity that arises on what is transparent, what’s accountability, I’m not worried about that because I can account for my actions.”

“I could defend my actions, and they’re all above board. But for me, I am paying more attention, and continue to pay attention, to bringing relief to the Bahamian people, and they can see that in what we have done so far, and we still have more to do. That’s my focus.”

However, Mr Aubry yesterday argued that such an approach could squander “a lot of potential” - including attracting more job-creating foreign and Bahamian investment - if it neglects strengthening its anti-corruption and governance regime.

“With that potential framework that we have, a lot of significant opportunities can come forward, foreign direct investment (FDI) being one of them, but also renewed confidence in the local economy,” he said. “A lot of people would believe that, if they come up with this product or develop their business in the best possible way, they can grow from a small business to a mid-sized business.”

The ORG chief argued that the failure to enhance transparency and accountability could undermine The Bahamas’ prospects of attracting investment that stays for the long-term and promotes “inclusive local development” as well as economic diversification.

“We want folks to come here and stay,” Mr Aubry told Tribune Business. “The world is looking for equity. Our approach to transparency or approach to accountability, for jurisdictions to be considered best in class, investors want to know they are built. These pieces of legislation could bring forward greater opportunities right when we need it.

“We have to set the stage. We’re competing with a lot of other jurisdictions so we have to be reflective of what we provide. We are working against perception. The Bahamas has kind of a murky past where this level of disclosure was not expected. Now we are working on this, and have put forward these initiatives, we have to see them through...

“All these things brought forward to reflect best in class in the region will make us more attractive and create less obstacles to investing. When looking at transparency, it’s critical that initiatives don’t sit as theory but start to deliver real and tangible results. 

Mr Aubry, citing the Government’s electronic public procurement portal as an example, said it still lacks a mechanism for reporting or raising concerns over whether all contracts and bids have been published, and details of all offers disclosed. 

“We’re coming into an election year,” the ORG chief added. “When you put these things later in the legislative agenda, the likelihood is a lot of things will happen to prevent them coming forward.” He added that Bahamians must push the Government to fully implement anti-corruption reforms.

ORG previously criticised the Government for failing to invest in transparency and provide adequate funding for key areas such as the Freedom of Information Act, the Office of the Ombudsman and newly-established Independent Commission of Investigations. It added that the $140,000 allocated to the Freedom of Information Act is far below the $1m estimated as needed for execution.

The Office of the Ombudsman has been budgeted $39,890 for the upcoming fiscal year, the Independent Commission of Investigations has been allocated $30,000 and the Public Disclosure Commission was allocated $80,000.

However, Mr Pinder subsequently told the Senate that staffing for the Independent Commission of Investigations and the Office of the Ombudsman will come from an $11m global fund provision in the Ministry of Finance’s budget. 

“It should be noted that the facilities for each of the institutions are already secured,” he said. “The payment for those facilities are found in the public services line item. The public service is responsible for paying for all accommodations of the Government.”

Mr Pinder stressed that there are adequate provisions in the Budget for both the Independent Investigations Commission and the Ombudsman Office. “As new institutions, those allocations are found in other line items throughout different ministries,” he said. The Ministry of Finance’s “provision” is for “new appointments” and “monthly employees”.