As printed in the Tribune newspaper
Bahamas Information Services photo by Derek Smith

"BY NOW, most of you have learned that I thrive on challenge and I do not quit or throw up my hands when faced with a difficult problem. My solution, and that of the United States, is to systemically address the problem head on, not flinch in the face of adversity, and, when appropriate, try something creatively different.

"Through long years and - at time bitter experiences - we have learned this about combating the traffic of drugs and lessening its impact on our people. We've also learned a lesson that successful people have always known, that superficially complex problems have simple solutions, as Alexander the Great demonstrated when he cut through the conundrum of the Gordian Knot with the stroke of his sword.

"So, today I will talk about simple concrete steps, things that I believe the Commonwealth of The Bahamas can do right now, with little effort and without great expenditure of scarce resources, to markedly improve its performance in the war on illegal drugs. I have several proposals to make, and I challenge the Commonwealth to take action on all of them now.

"The first proposal I have to make is very basic, and should have been done years ago. The Bahamas should clearly enunciate its national drug control strategy. This strategy, which all nations involved in the drug war should have, would systematically address all of the interrelated aspects of the problems facing the Commonwealth and clearly lay out the direction the country will take in addressing each aspect, including interdiction, law enforcement, prosecution, detection and monitoring, intelligence, demand reduction, treatment and public education. This policy should clearly identify which organisation is responsible for each aspect of the drug war. It should set forth goals and objectives, as specific as possible, and hold the agency and its director responsible for meeting them. It should be a living document, deliberately created to be flexible and easily changed to take into account the changing trends in narcotics trafficking and public health, lessons learned from law enforcement, and new technologies and discoveries in drug treatment.

"Like any war strategy, it needs a supreme commander, a Drug Czar, someone responsible for making the entire operation functional and ensuring that individual ministries and agencies work together rather than at cross-purposes. I believe that a Drug Czar for The Bahamas should be appointed, and this person should be given operational control of those units, officers, and agencies involved in the drug war across traditional bureaucratic lines. There needs to be one person, supported by a highly-qualified and dedicated staff, who will be responsible for running the strategy, and who will be accountable for making sure the whole thing works together toward a common goal. With accountability must come authority; a Drug Czar must have total control of all personnel and assets involved in the drug war; and this person should report to the Deputy Prime Minister and be employed by contract just as are the Police Commissioner and Defence Force Commodore. For our part, the United States is prepared to contribute significant financial resources to the formation of this National Drug Office now when the Bahamas acts.

"I request that the Government of the Commonwealth of The Bahamas have prepared when we meet this coming summer, a National Drug Control Strategy and to have that strategy approved, and 'Drug Czar' selected by this time next year.

"As part of the national drug control strategy, I am convinced that the Royal Bahamas Defence Force must be brought into the war on drugs. The Bahamas as a small nation needs to make more effective use of ALL assets in the war on drugs, and currently the RBDF is underutilised. Its personnel, boats, and its knowledge and its skills must all be brought to bear on the drug problem in this country. There is talent and there are resources in the RBDF that are going to waste. In the coming year, I hope we can draw the RBDF fully into the drug war and make them full partners with the US and other agencies of The Bahamas currently involved in that effort.

"First, however, the RBDF needs to undergo a thorough reform effort. If the RBDF is to be an honest and dependable partner, its personnel must be thoroughly vetted in the same manner as the Drug Enforcement Unit and the Drug Enforcement Administration. We cannot share the sensitive law enforcement information on narcotics trafficking organisations necessary to enable the RBDF to work with us, if such vetting is not done.

“RBDF personnel who will be involved in the fight against narcotics trafficking must go through the strictest of background checks and other vetting procedures to ensure that not only their fitness to join the effort, but to also to assure the safety of people already working to jail those responsible for the scourge of drugs affecting both our countries.

“The United States will not accept any person whose background is not impeccable: In other words, ‘only the best will do’. The United States is fully prepared to put the 1992 HMBS ‘Inagua’ incident behind us with only this comment: The investigation was poorly handled and seems to have had some institutional and political motives. This incident has never been satisfactorily investigated and many of the persons allegedly involved are still serving members of the RBDF. Future allegations involving either the Police Force or Defence Force must be fully investigated and resolved by independent judicial authorities, an independent prosecutor if you will, or neither will be accepted as a full partner in the war on drugs by the United States.

“The. Bahamas has a solid system of justice based on the English common law system that has served it well over the centuries, and has some of the modern legislative tools needed by law enforcement agencies to fight the drug war. However in some cases, Bahamian legislation and practice have not kept up with the complex and ever changing challenges represented by the international drug trade. Further legislation is required in some areas to correct weaknesses in the Bahamian legal system that have been exploited and manipulated by those accused of drug offences.

"I applaud the Prime Minister's call for bail reform. Parliament should pass legislation setting stricter guidelines for the granting of bail in narcotics trafficking cases. Major traffickers are, by definition, flight risks and bail should be set to deter flight, not facilitate it, and ensure that the accused will appear in court to answer charges. We are aware of several cases recently in which Bahamian traffickers released on bail have fled the country in violation of their bail conditions. It is notorious public knowledge that numerous drug traffickers, who were released on bail pending their appeals, have violated the terms of their release. The flight of individuals released on bail is of course tremendously frustrating for those involved in the long, difficult, and sensitive investigations that precede their arrests. It can undo in moments the hard work put in by hundreds of dedicated law enforcement officials over months and even years of investigation. When suspected narcotics traffickers are caught, let's keep them securely locked up until they have their day in court, not free to roam the streets and possibly continue to ply their trade as merchants of death.

“The other legislative change I urge you to consider is the passage of mandatory sentencing guidelines based on representative samples of drugs in trafficking cases. Bahamian law dictates that the maximum sentence a Magistrate can give is five years. However, we note that convicted narcotics traffickers caught with thousands of pounds of drugs are only being sentenced for periods of 18 months to two years, even when guilt is demonstrated beyond a shadow of a doubt, by testimony of law enforcement personnel, videotapes and other evidence. This practice is ludicrous and out of step with modern judicial practice in much of the developing world, including other countries with an English common law based system. The result is sentences are not proportional to the crime, nor to injury and damage inflicted upon Bahamian society by the convicted.
Our goal should be to keep traffickers off the streets until they have paid their full debt to society.

“Finally, I would like to address the issue of resources for the drug war – something which always seems to be in short supply. The proposals that I am about to make can relieve this problem in both the short and long term.

“First, the Commonwealth of The Bahamas needs to act immediately to develop a spending plan for $1.2 million seized and uncontested cash held in government accounts. This money should be directed back into the drug war as our countries have previously agreed. I have to admit that I get extremely frustrated when the Government of The Bahamas approaches the United States for additional funding when I know that there is this pool of money available sitting untapped.

“Let me make it perfectly clear, this money is not intended to replace US government assistance, but should serve as a supplement to it. We ask the same of all of our partners in the drug war: That seized assets should be reinvested in law enforcement and demand reduction programmes.

“Following the same theme, The Bahamas needs to streamline the asset forfeiture process. Currently, this process is too awkward and unwieldy, subject to legal delays and long administrative and judicial delays. It needs to be swift and sure.

“Narcotics trafficking is an economic crime and those involved are in it to make money, lots of money.

“Going after their assets is how you hit them where it hurts.

“For asset forfeiture to be an effective weapon, traffickers need to know with certainty they will lose their ill-gotten gains and that all their labour will have been for naught. Presently this is not the case, but it should be.

“I strongly encourage The Bahamas to improve this process and make asset forfeiture a meaningful weapon in its arsenal in the war on drugs in The Bahamas.

“For its part, the United States is now prepared to bring increased resources to the anti-drug fight.

“The US Customs Service, specifically, will be bringing additional air assets to assist joint anti-drug operations in the very near future.

“The suggestions I am proposing today are not complicated nor difficult to implement, nor are they costly. They are direct and concrete steps to address a complex problem, small improvements that can make a big difference in the war on drugs.

“If implemented, they would give Bahamian law enforcement officers and government officials involved in the drug war new, and more effective weapons and resources to use in this vitally important struggle."