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29th UPR session
Date of review: 17 January 2018
Date of report adoption: 28 June 2018
Document number: A/HRC/38/9
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SUMMARY SOGIESC issues during Bahamas’ 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Scope of international obligations and cooperation with international human rights mechanisms and bodies
6. JS2 asserted the Bahamas had also entered a reservation to Article 2 of the Convention on the Rights of the Child, which is the general anti-discrimination clause of the Convention, which obligates States to ensure every child’s enjoyment of all rights set forth in the Convention, without discrimination of any kind, including on grounds of sex, both of the child and of the child’s parents or guardians. Hence, this reservation was clearly aimed at preserving gender discrimination in the Bahamas’ nationality laws. JS2 recommended that the Bahamas remove this reservation.
National Human Rights Framework
9. JS2 stated that the maintenance of nationality laws which discriminated on the basis of gender were themselves in conflict with the object and purpose of the Convention on the Elimination of all forms of Discrimination against Women and with the general obligation of all State parties to agree to pursue, by all appropriate means and without delay, a policy of eliminating discrimination against women.
Women
30. JS2 asserted that for example, the Bahamas had not ratified the Optional Protocol to the Convention on the Elimination of all forms of Discrimination against Women and had not implemented a comprehensive strategy (or National Action Plan) to eliminate gender-based stereotypes. JS2 also indicated that the current administration had not demonstrated a commitment to strengthening gender equality and eradicating gender discriminatory practices, but was rather seeking to promote urban renewal initiatives within the Department’s purview.
Children
38. JS2 emphasized that gender discrimination in the Constitution and nationality law of The Bahamas resulted in violations of every child’s right to acquire and retain a nationality. Bahamian law was contrary to provisions of the Convention on the Rights of the Child, as children’s ability to acquire the nationality of their Bahamian mother or father was dependent upon the parent’s gender and marital status. The denial of the child’s right to a nationality due to discrimination against their parents on the basis of sex, marital status, or other grounds, was a violation of the Convention on the Rights of the Child. In addition, Bahamian women’s inability to confer nationality on their foreign spouses threatened a child’s right to know and be cared for by his or her parents, and infringed upon a child’s right to family unit. JS2 recommended that the Bahamas take steps to ensure that all children and adults who have been denied access to Bahamian citizenship due to gender discriminatory nationality laws, are granted nationality and in the interim, that they fully enjoy their other human rights on a non-discriminatory and equal basis.
39. JS2 underscored that children denied Bahamian nationality due to gender discrimination in the nationality laws may also suffer from violations of their right to healthcare and to education and expressed that human rights of equal protection under the law and non-discrimination on the basis of sex were not legitimately subject to majority opinion, but must be upheld by the State.
II. Excerpts on SOGIESC issues from the national report
Constitutional Reform Commission
23. The Government, during its second cycle, reported that it had reinstated the Constitutional Reform Commission (the “Commission”) in August 2012. The Commission was given the mandate to present recommendations for Constitutional Reform by March 2013. A Constitutional Referendum on gender equality was held on June 7, 2016, pursuant to the Constitution. However, the referendum was defeated by a large margin.
Education and curricula
65. In regards to recommendation 92.89 of the Second Cycle report it should be noted that the Government offers compulsory and free education to all persons in the country between the ages of five to sixteen years without any racial, ethnic, national, religious or gender bias.
Gender equality
73. Despite this, successive Governments have developed and implemented gender neutral policies relative to professional access to education, health, and social services and to employment. Women are prominently evidenced in all professions in the Bahamas.
Discrimination
75. The Constitutional Reform Commission made a recommendation to amend the definition of “discrimination” to include “gender” in its definition. This was one of the questions put to the electors during the referendum, however, the electors did not vote in favor of this amendment to the Constitution.
Gender equality global scales and ranks
82. Statistically, the Bahamas ranks favourably on international standards of gender equality and empowerment. The Bahamas has a Gender Inequality Index (GII) value of 0.362 (compared to 0.332 in 2011), ranking it 77 out of 159 countries in the 2015 index.13 Relative to an alternative composite index which seeks to measure gender equality, the Gender Empowerment Measure (GEM), the Bahamas has a GEM Global Index value of 0.729 and corresponding country ranking of 37, as of 2016. The country is ranked on the Economic Participation and Opportunity subscale as 3, with a score of 0.827. The Bahamas enjoys a number one ranking on the Educational Attainment and Health and Survival subscales. However, the country scores just 0.110 on the Political Empowerment subscale with a country ranking of 99.
Women (Recommendations 92.29–92.36; 92.38–92.44; 92.54; 92.56– 92.62; 92.76; 92.87) Domestic legislation
68. Protection of fundamental human rights enshrined in the Constitution applies equally to men and women. Article 15 of the Constitution provides that every person in the Bahamas is entitled to the fundamental rights and freedoms of the individual, whatever his sex.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
6. In November 2017, [Bahamas] had announced its intent to amend the Bahamas Nationality Act, with a view to promoting gender equality regarding the conferral of nationality upon children.
10. The Bahamas had received a number of recommendations concerning discrimination on the grounds of sexual orientation and gender identity. No formal reports had been lodged of discrimination on the basis of sexual orientation with the Royal Bahamas Police Force, the Labour Board or the Ministries of Education or Health, indicating that no such cases were before the judiciary.
11. The national community of lesbian, gay, bisexual, transgender, queer and intersex persons had a platform on which members represented their groups in a number of national and regional organizations. Moreover, persons in same-sex relationships were able to avail themselves of the regular protection and remedies available under the law.
33. In February 2016, the Bahamas had approved a national strategic plan to address gender-based violence. The plan covered all forms of violence, as it related to women and girls throughout the country.
44. Australia commended the Bahamas for its recent steps aiming at progressing human rights, including to promote gender equality through a constitutional amendment. It remained concerned at the scale of violence — particularly sexual violence — perpetrated against women.
46. Barbados noted the significant effort that the Bahamas had made to further strengthen the legal and institutional framework for human rights within its administrative and financial capabilities. It noted the progress made in enhancing protection for children through the establishment of the National Committee for Families and Children. It also noted the efforts made by the Bahamas in approving a national strategic plan to eliminate gender-based violence.
54. Cuba underscored the adoption of legislation such as the Persons with Disabilities (Equal Opportunities) Act, 2014, and the amendment to the Justice Protection Act. It recognized advances in gender equality and the human rights of persons with disabilities, among others. It called on the international community to attend to the request of the Bahamas for technical assistance for development and the promotion of human rights
55. Denmark stressed that ensuring full and effective gender equality and the protection of women and girls against all forms of discrimination were crucial when seeking to advance respect and protection for human rights and must be a key objective also in relation to ensuring socially and economically sustainable societies.
60. Guyana congratulated the Government on the presentation of its comprehensive report to the third cycle of the universal periodic review. It highlighted the country’s economic, social and political development and high human development. It congratulated the Bahamas for the progress it had made in advancing gender equality.
71. Maldives welcomed the legislation adopted by the Bahamas to promote and protect the rights of women and children, as well as the measures taken to address gender-based violence and the ratification of the Convention on the Rights of Persons with Disabilities, and encouraged the introduction of a national health insurance scheme.
73. Montenegro commended the Bahamas for the improved level of technical cooperation with OHCHR and its commitment to implement the Sustainable Development Goals and encouraged the Government to harmonize its national legislation, as well as strengthen women’s rights and gender equality.
74. Morocco commended the constitutional and legislative reforms undertaken and highlighted the efforts under way, particularly in the following areas: human trafficking (especially, women and children), the gender perspective, domestic violence, equality and non-discrimination and the integrated protection of persons with disabilities.
83. Regarding gender equality, the Bahamas stressed the need in a democracy to develop the necessary social consensus.
86. Portugal welcomed the approval of the national strategic plan to address gender-based violence in 2016 in the Bahamas, as well as the ratification of the Convention on the Rights of Persons with Disabilities and accession to two Optional Protocols to the Convention on the Rights of the Child.
88. Senegal congratulated the Bahamas for its progress achieved regarding the recommendations accepted after its previous universal periodic review in 2013. It also welcomed the constitutional referendum on gender equality that the Bahamas had had in June 2016.
93. Trinidad and Tobago welcomed the signature and ratification of the Convention on the Rights of Persons with Disabilities and the enactment of the Persons with Disabilities (Equal Opportunity) Act, 2014. It also recognized the substantial legislative progress achieved in respect of the access of the Family Islands to services, the administration of justice, the protection of children and addressing gender inequality.
95. The United Kingdom welcomed the national anti-trafficking strategy and action plan and encouraged the Bahamas to increase its efforts to prosecute and convict traffickers. It also urged action to promote gender equality, including preventing discrimination on the grounds of sexual orientation and gender identity, and encouraged the new Government to take steps towards the abolition of the death penalty.
103. The Bahamas thanked delegates for their questions, observations and recommendations, all of which forced the country to think how it could do things better. There were three key areas: the need to enhance gender-based equality; treatment of children; and efforts to combat human trafficking
V. Conclusions and/or recommendations
Bahamas accepted the following recommendations:
105.43 Increase efforts to combat discrimination based on gender and sexual orientation or gender identity (Chile)∗;
105.79 Initiate gender-neutral policies relating to access to education, health, and social services (India);
105.95 Continue efforts to strengthen gender equality and eradicate discriminatory practices on gender (Portugal);
105.98 Take effective measures to ensure gender equality (Angola);
105.104 Combat violence and discrimination against women and girls, including, among other actions, through the implementation of the action plan to address gender-based violence and the evaluation of results (Mexico);
∗ This recommendation was also noted.
Bahamas noted the following recommendation
105.10 Sign the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, withdraw the reservations to the Convention’s articles 2 (a) and 9 (2) on nationality and move forward with the adoption of a comprehensive strategy to eliminate gender stereotypes (Spain);
105.44 Fight discrimination against lesbian, gay, bisexual, transgender and intersex persons (France);
105.45 Introduce laws to provide redress to people subject to discrimination based on their sexual orientation or gender identity (Australia);
105.46 Take steps to amend the definition of “discrimination” in order to include gender, sexual orientation, gender identity or expression as grounds within it (Israel);
105.47 Include same-sex couples in the Domestic Violence (Protection Orders) Act and repeal all provisions that discriminate against persons on the grounds of their sexual orientation (Netherlands);
105.48 Eliminate any legal provision that justifies discrimination for any personal issue, including issues of sexual orientation or gender identity, as previously recommended (Spain);
105.94 Continue the process of constitutional reform to remove gender discrimination in nationality provisions and introduce safeguards to prevent statelessness (Australia);
105.97 Increase efforts to promote the rights and equality of women, specifically addressing the Bahamas Nationality Act, which discriminates on the grounds of gender (Uruguay);
105.100 Adopt effective legal actions to address discrimination and widespread violence against women and implement the strategic plan to address gender-based violence (Germany);
105.122 Pass comprehensive anti-discrimination legislation that would protect the human rights of all, including lesbian, gay, bisexual, transgender and intersex persons and members of ethnic minority groups (United States of America);
105.140 Continue efforts to ensure that national legislation adequately guarantees gender equality as it pertains to the conferring of nationality (Trinidad and Tobago);
VI. Further information
You will find all documents relating to Bahamas’ third review at UPR-Info and OHCHR’s websites.