The Network of Caribbean Feminists released its statement–calling on CARICOM to support the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) case at the International Court of Justice for measures to be taken against genocidal actions by Israel–on the ongoing genocide in Palestine on Monday, May 7. This post has excerpts from the statement.

“We affirm the humanity and dignity of the Palestinian people and we rebuke the violence enacted against them, including bombardment, starvation, sexual violence, ethnic cleansing, and the intentional destruction of educational, cultural, healthcare, political, and religious institutions. More than 35,000 Palestinian people have been killed since October 7, 2023. Most of them are women and children. More than 80,000 Palestinian people have been injured. Over 8,000 Palestinian people are missing. Almost 2 million Palestinians are currently displaced in Gaza, and 1.1 million are facing catastrophic food insecurity.”

“We reiterate the Human Rights Council resolution on the right of the Palestinian people to self-determination which “calls upon all States to ensure their obligations of non-recognition, non-aid or assistance with regard to the serious breaches of peremptory norms of international law by Israel.” We grieve the Nakba of 1948 and support Palestinians who reject the two-state solution. There can be no peace without justice.”

See and share the full statement at tiny.cc/caribbeanforpalestine

The Prime Minister said, “Rape is rape!” Women’s rights advocates have been saying this for years. Rape is rape! Rape is rape! Wherever it happens, whoever is involved, rape is rape. There are no exceptions. 

The rest of what the Prime Minister said, however, is nonsense. The rest of what he said, in fact, was contradictory. The rest of what he said was irresponsible and misleading. The rest of what he said was what we, by now, have come to expect from him—unwillingness to state a clear position and a singular commitment to obfuscation.

“Why do you want to describe rape? Rape is rape.”

Well, for all who are as confused as the Prime Minister, the statement “Rape is rape” means that rape in all forms, by any person with or without any kind of relationship to the person violated, is rape. Rape of an underage person is rape. Rape on a hotel property is rape. Rape in the morning is rape. Rape by a spouse is rape. In the statement “Marital rape is rape,” we see that “marital” is used as an adjective, indicating that the rape being discussed is rape by a spouse. It is both more succinct and wholly accurate. The reason we use the term “marital rape” is not a suggestion that it is not rape, but an affirmation that it is, in fact, rape. It is not that we are creating a category of rape, but that we are calling attention the distinction that is made in the law—a distinction that dehumanizes married women, violates the right to bodily autonomy, violates the right to be free from violence, and violates the right to be seen and treated as person before the law. “Marital rape” is a necessary term within this context—the violent, misogynistic Bahamian context—where there is no recourse for a women who raped by her spouse.

Rape is, as the Prime Minister put it, divided into categories. This does, indeed, present a problem. Rape is rape! All forms of rape are wrong. Whether rape takes place in the morning or at night, perpetrated by a person known or unknown to the person violated, it is rape. Sexual intercourse without consent is, without question, rape. The Sexual Offenses Act, however, does not align with this fact. Not only are there several “categories” of sexual violence in the Act, the definition of rape in Section 3 has a marital exclusion, hence the term “marital rape” in the advocacy to amend the law. Because the Act creates this exclusion, we must be intentional in naming the exclusion.

The definition of rape in Section 3 of the Sexual Offenses Act says, “Rape is the act of any person not under fourteen years of age having sexual intercourse with another person who is not his spouse —[without consent].” The issue with the definition is that it provides an exception for people who are married to the people they rape. “Rape is rape,” the Prime Minister said, but the law does not say the same, and his administration has the power to change it. 

The definition of rape in the Sexual Offenses Act limits rape to non-consensual sexual intercourse that occurs outside of a marriage. The law, then, recognizes rape perpetrated by stranger, a parent, a sibling, a boyfriend, a teacher, an acquaintance, and a host of other people. It very specifically and deliberately does not recognize nonconsensual sexual intercourse, which is rape, that is perpetrated by a spouse. Again, this is an exception on the basis of marriage. It creates a “category” of rape that is permissible by the Sexual Offenses Act (while in contravention with international human rights standards and commitments that The Bahamas has made through its ratification of various conventions including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará). 

Given this, it important to look at Section 15 on sexual assault by spouse. In this section, the drafters determined that there is a narrow set of circumstances under which nonconsensual sexual intercourse perpetrated by a spouse is a criminal offense. They decided that this nonconsensual sexual intercourse, which is understood to be rape in other cases, is going to be in a different category. Rather than rape, it is called “sexual assault by spouse.” This, then, is another “category” of rape.

Section 6 is the first that addresses indictable sexual offenses and states that “Any person who commits rape is guilty of an offence and liable to imprisonment for life, subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years.” Terms of imprisonment vary from one “category” to another. Again, note that women’s rights advocates have not created these categories. They exist in the law.

Section 15 states “Any person who has sexual intercourse with his spouse without the consent of the spouse —[where there is a decree nisi of divorce; a decree of judicial separation; (a separation agreement; or an order of a court for the person not to molest or co-habit with his spouse[…] is guilty of the offence of sexual assault by spouse and liable to imprisonment for a term of fifteen years. In addition, prosecution requires “consent of the Attorney-General.” It is clearly rape, though given another name and treated differently by the law, and putting up an additional barrier to reporting and accessing justice, again, privileging the rapist who is married to the person they sexually violate.

“Rape is rape, whether you’re married or unmarried and the challenge they are having is describing it,” the Prime Minister said.

Who is the “they” being referenced by the Prime Minister? Women’s rights advocates are not trying to “describe” rape. We are using appropriate language to specify that the rape of a person by their spouse is currently not considered, in Bahamian law, to be an act of sexual violence, and it ought to be. As the Prime Minister said, rape is rape! The most direct and clear way to discuss this issue is to use the succinct term “marital rape” until the necessary amendments are made to the Sexual Offenses Act to remove the words “who is not his spouse” from the definition of rape. Then we can talk about rape without the adjective “marital.”

The Prime Minister said, “We passed a bill… a bill against violence against persons[…] that covers any manner of degradation, or what I call behavior that’s not acceptable to society.”

This is, quite simply, incorrect. The “Protection Against Violence” Act is an embarrassment. It was rushed, bypassing consultation processes, in order to displace—and perhaps get people to forget about—the Gender-Based Violence bill. We have not forgotten the Gender-Based Violence bill which has been in draft since 2016. Equality Bahamas has been calling for the Gender-Based Violence bill to be updated and passed for several years, and this has been one of its demands during the Global 16 Days Campaign since 2020. The CEDAW Committee, in 2018, expressed its concern about “the lack of a comprehensive law addressing violence against women and the delay in finalizing and adopting the draft bill on gender-based violence and the draft national strategic plan to address gender-based violence.” The Committee called on the Government of The Bahamas to “accelerate the adoption of the comprehensive draft bill on gender-based violence and the draft national strategic plan to address gender-based violence, in line with the Committees general recommendation No. 35.”

Successive administrations have failed to act on the recommendations to move closer to compliance with CEDAW and other international human rights mechanisms. The “Protection Against Violence” Act does not meet the requirements. It is not a gender-based violence bill and it does not address gender-based violence. It absolutely does not “cover any manner of degradation” and certainly does not, as the Prime Minister seemed to suggest, address the issue of marital rape.

The so-called Protection Against Violence Act states as its purpose “to provide for a national strategy to prevent and respond to the occurrence of violence and to protect victims of violence by promoting a strong multi-disciplinary community and services for the comprehensive management of victims and offenders; a system of information gathering for the purpose of generating reliable statistics in instances where violence in domestic relationships results in death; compliance with regional and international human rights treaty obligations of The Bahamas.”

In summary, the “Protection Against Violence” Act is meant to provide a strategy to prevent and streamline responses to violence, collect data on death due to domestic violence, and meet international human rights obligations. The Act has sections on developing and implementing a national strategic plan (which, we must remember, was already published in 2015 and has been collecting dust instead of being implemented or, at this point, significantly and substantively updated), institutional strengthening, establishment of a foundation, establishment of a commission, establishment of a secretariat and appointment of a director, general rights of victims, procedure for handling complaints, care and support services (including housing and legal assistance) which apply only to victims of sexual abuse, protocol when violence results in death, establishment of a violence fatality review team, and administrative details related to the bodies to be established. 

The “Protection Against Violence” Act does not, in and of itself, propose prevention. It does not present a strategy. It does address marital rape at all. It focuses on the establishment of bodies and structures. It is not the kind of law that people imagine when they read or hear the title. The law that address sexual violence is the Sexual Offenses Act and it, as explained, does not acknowledge that rape is rape. The marital exception is cruel, violent, dehumanizing, and does not have to exist. 

All we need is a Prime Minister who cares. Members of Parliament who care. Who are not lazy. Who are not complicit. Who are not more concerned about reelection than addressing the pervasive issue of gender-based violence and, in particular, violence against women that is perpetrated by a spouse or intimate partner. We need legislators who know and understand the law. Who are prepared to work together to amend the law so that marital rape is, legally, rape. It only takes one Member of Parliament to take a bill to Parliament. Thus far, not a single member has cared enough to do it. What great evidence of where we are as a country, with our “representation” in the government and its priorities.

Recommendations

  1. Join the call to criminalize marital rape. Learn more about the #Strike5ive campaign by Equality Bahamas at tiny.cc/strike5ive. 
  2. Read the Sexual Offenses Act. Pay attention the definition of rape, the forms of sexual violence that are included, and the differences in sentences.
  3. Read the “Protection Against Violence” Act. There was no consultation on the bill before it was rushed to be passed, bypassing the Gender-Based Violence bill which was mid-consultation and has been recommended by numerous bodies including the CEDAW Committee in 2018 and Member States of the United Nations at the Universal Periodic Review in 2023. Understand what is and is not in the Act. The misinformation being spouted by this administration is not accidental, and it is not hard to miss if you read the text yourself, looking for the changes it is expected to make.

Monday, April 1 marked the start of Sexual Assault Awareness Month. This year, the theme is Building Connected Communities. It is recognition of our individual and collective responsibility to prevent sexual violence in all forms, from sexual harassment to rape. It is important for us to remember that:

  1. Sexual violence is not only perpetrated by strangers. Most people who experience sexual violence know the perpetrators. 
  2. More than one in three women have experienced sexual violence.
  3. Offenses recognized in the Sexual Offenses Act include rape (with the exclusion of marital rape), indecent assault, serious indecency, and sex trafficking. 
  4. Marital rape is not yet criminalized. 
  5. Sexual violence is a spectrum, and sexual harassment—including street harassment—is included.
  6. Consent is required for sexual activity. There is no substitute for consent and no excuse for acting without consent. 
  7. We have the power to reinforce and to rebuke gender stereotypes and gender-based violence, and we do it in our intentional and unintentional responses to the behavior of the people around us. 

The general public may not be aware of the commitments The Government of The Bahamas has made to the people of The Bahamas through international mechanisms, and it has a duty to comply with ratified international human rights mechanisms. The government also has a duty to make the general public aware of its commitments, its reports to international bodies for periodic reviews, recommendations made by the reviewing bodies, and its response to the recommendations. Successive administrations have completely failed to raise public awareness and education on human rights and its obligations to ensure access to all of our human rights. 

In 1993, The Bahamas ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), also known as the women’s bill of rights. Article 5 of CEDAW calls on States to “modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.” Under this Article, the CEDAW Committee makes recommendations to States to address the issue of gender stereotyping and gender-based violence against women. 

Since the adoption of CEDAW, the CEDAW Committee has also produced General Recommendation 35 which is specific to gender-based violence against women. In it, the States are called on to “ensure that all forms of gender-based violence against women in all spheres, which amount to a violation of their physical, sexual or psychological integrity, are criminalized and introduce, without delay, or strengthen, legal sanctions commensurate with the gravity of the offence, as well as civil remedies.” States are specifically called to “ensure that sexual assault, including rape, is characterized as a crime against the right to personal security and physical, sexual and psychological integrity and that the definition of sexual crimes, including marital and acquaintance or date rape, is based on the lack of freely given consent and takes into account coercive circumstances.” It is clear, then, that the criminalization of marital rape is required, necessary, and urgent. 

CEDAW Genera Recommendation 35 also articulates the need for integration of gender equality into curricula at all education levels. This should address gender stereotyping and gender-based discrimination, and include the values of non-violent masculinities and comprehensive sexuality education. We must ensure that people, from a young age, understand what sex is and is not. Everyone needs to know that sex requires consent, that consent must be enthusiastically and freely given, that consent applies to a specific act at a specific time and is not transferrable, and that consent can be withdrawn at any time. There is a clear different between sex and rape, and this distinction must be taught before people become sexually active. 

In 1995, The Bahamas ratified the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, also known as the Belém do Pará. It affirms that “violence against women constitutes a violation of their human rights and fundamental freedoms, and impairs or nullifies the observance, enjoyment and exercise of such rights and freedoms” and that “elimination of violence against women is essential for their individual and social development and their full and equal participation in all walks of life.” Article 2 states that Violence against women includes physical, sexual and psychological violence “that occurs within the family or domestic unit or within any other interpersonal relationship, whether or not the perpetrator shares or has shared the same residence with the woman, including, among others, rape, battery and sexual abuse” which means it includes marital rape. Further, Article 3 states the right of women to be free from violence in public and private spheres. That marital rape has not yet been criminalized in The Bahamas is a failure to come into compliance with the Belém do Pará as well as CEDAW.

Importantly, the Belém do Pará recognizes the intersection of identity and the resulting layers of oppression and discrimination that women differently. This means, for example, that women with disabilities, elderly women, and women experiencing poverty are among those who are more likely to experience discrimination and violence and to face challenges in reporting and accessing justice in the absence of appropriate intervention. 

Reports of sexual violence continue to be in the news every week. Women live with the perpetual fear of being raped. Many still think rapists only lurk in bushes and around dark corners, trusting that people known to us are safe to be around. Rapists are, more often than not, partners, family members, friends, longtime family friends, ex-partners, and people in positions of authority. The abuse the power of familiarity, and they depend on shame, stigma, and silence to maintain their reputations and their freedom. Changing this requires public education campaigns, comprehensive sexuality education in all schools and at all levels, elimination of stigma, survivor-centered reporting mechanisms, and legal reform that affirms the humanity and human rights of all women, regardless of marital status and any other identity markers.

Remember the Strategic Plan to Address Gender-Based Violence?

This week, I saw the announcement of the National Strategic Action Plan on Gender-Based Violence and Sexual Violence of Trinidad and Tobago 2023-2027 which is expected to “empower [Trinidad and Tobago] to build capacity for curbing violence, a deeply entrenched problem that affects individuals across age, gender, and socio-economic lines” and “foster multi-sectoral collaboration in addressing gender-based violence (GBV) and its detrimental effects on families, communities, and the wider society, thereby allowing all of society to suitably approach challenges and serve our vulnerable populations in a comprehensive manner.”

Does this sound familiar? It may be because the Strategic Plan to Address Gender-Based Violence in The Bahamas had multi-sectoral coordination as its first recommendation. The Plan was lauded by UN Women, said to be a model for the Caribbean. This is, of course, not the first time that The Bahamas has led the way, producing a report or taking a position, only to fail to implement or ensure substantive effects of the work, welcoming other, more committed countries to pass it by. 

The National Task Force on gender-based violence launched in 2013. It was chaired by Justice Rubie Nottage (retired), Dr. Sandra Dean-Patterson, and Dr. Robin Roberts. The Taskforce produced the Strategic Plan to Address Gender-Based Violence in 2015. With a vision “to eliminate GBV from our society completely by working together to maintain a zero-tolerance for GBV,” it focused on three core principles—prevention, protection, and accountability. The Plan noted that gender-based violence is “endemic in our communities and constitutes a major public health issue in our country.”

In a section for immediate action, the Task Force identified “The Ten Low Hanging Fruit” which it considered to be practical and measurable. They included a national community awareness program on gender-based violence prevention, a focus on mentoring for men and boys, a sexual assault response team project, and an early intervention program for children exposed to violence. 

At a forum held in New Providence in April 2016, UN Women’s Deputy Representative for the Caribbean Tonni Brodber said, “The 10 Low-lying Fruit” concept, if successful, can signal to other countries how to successfully go about ending gender-based violence.” Ms. Brodber added, “This will speak to all the better practices that we see around the world that are useful in reducing or ending gender-based violence. It shows the world that when the Commonwealth of the Bahamas says it is going to do something it is going to get it done.”

Eight years later, the Strategic Plan to Address Gender-Based Violence has yet to be implemented. Perhaps The Bahamas will have to follow the lead of Trinidad and Tobago. It may implement its Plan before The Bahamas even bothers to update the one it created a Task Force to produce more than a decade ago. The proof of commitment is in the implementation. 

Recommendations

  1. Participate in National Poetry Writing Month (NaPoWriMo). The prompt for April 1, fittingly, was “dupe.” The prompt for April 2 was “Who’s ya people?” Get in touch with Poinciana Paper Press to join the NaPoWriMo WhatsApp group to receive the daily prompts, read others’ work, and share your own. 
  2. Attend Women’s Wednesdays. On Wednesday at 6pm, Equality Bahamas will be in conversation with journalist Ava Turnquest about media literacy in The Bahamas. Register at tiny.cc/wwapril24. 
  3. Read How to Say Babylon by Safiya Sinclair. Feminist Book Club, coordinated by Poinciana Paper Press and Equality Bahamas, meets every third Wednesday of the month at 6pm in a hybrid format. On Wednesday, April 17, participants will discuss Sinclair’s memoir, described as a “reckoning with the culture that initially nourished but ultimately sought to silence her [and] her reckoning with patriarchy and tradition, and the legacy of colonialism in Jamaica.” It is on the long list for the 2024 OCM Books Prize for Caribbean Literature in the non-fiction category alongside Equal to Mystery: In Search of Harold Sonny Ladoo, by Christopher Laird and Harvesting Haiti: Reflections on Unnatural Disasters, by Myriam J.A. Chancy. The winners in the categories of Poetry, Fiction, and Non-fiction will be announced on April 7, 2024, and the overall winner will be announced on April 27 at the NGC Bocas Lit Fest in Trinidad. Register to join Feminist Book Club at tiny.cc/fbc2024. 

This week, I am participating in the strike for Palestine, and I invite you to join for the remainder of the week if you are not already participating. This global strike week is about disrupting business as usual. Those who are able are withdrawing their labour from formal markets through January 28. Many have committed to not spending money this week, and in some cases this is with the exception of purchasing e-SIMs for people in Palestine to enable internet connectivity.

This week is a time, for those new to it, to build the habit of boycotting so that it becomes a lifestyle rather than a one-time event. On social media, most participants are only sharing content related to Palestine and the call for a ceasefire. The global strike week is also a time for educating ourselves and one another, mobilising, protesting, and donating to pro-Palestine causes.

Since October 7, 2023, more than 24,000 people have been killed in Gaza.

While Israel’s aggression against Palestine has been referred to as “war”, it is genocide.

This month, South Africa took Israel to the International Court of Justice and, in its application, noted “the acts and omissions by Israel[…] are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group, that being the part of the Palestinian group in the Gaza Strip”.

I have followed dozens of Palestinian reporters, activists, academics, authors, and educators on social media, viewing their posts, captions, and the comments. Like many others, when I realise more than the usual amount of time between posts has elapsed, I try not to think the worst, knowing that it is completely possible, in this reality that should be impossible.

Palestinian people struggle to find internet to share the ongoing reality on the ground. They show us how they are grinding animal fodder to make food for themselves and their families. They tell us about their daily routines. They show us the mixing of soil into a muddy paste, mixing It with hay, and layering it to build an oven. They show us the shaking bodies of children who have seen and lived through what no human being should experience. They show us people digging in the rubble, searching for the bodies of their loved ones. They show us the darkness they sit in as they hear the sounds of airstrikes throughout the night. They show us lighter moments of song and dance, reminding us that even the smallest feelings and acts of joy can be resistance.

One of the people I follow is Bisan Owda, a Palestinian journalist and filmmaker. In a recent post, she said: “I am not scared of death, but of being displaced, scared of losing my family or friends, scared of being wounded and can’t have my treatment because the health system is collapsed in Gaza, and to die in pain! I am not scared of the destruction… I lost my work place… my home and my family work place and source of income, I am terrified of being killed by an occupier, and to be forgotten, one oppressed Bisan of a whole occupied people.”

Bisan has called for a global strike and a call for ceasefire. “Strike, protest, stop the economic movements and make pressure on your countries to stand against this and stop it[…]”

In the midst of this, there are protests against crimes against humanity in Sudan. People are calling attention to human rights violations and exploitation in Democratic Republic of the Congo. All of these crises are taking place now, having escalated in recent months, and started long before they got our attention in this way. These crises are all deeply rooted in colonialism. The devastation of communities, killing of people, and degradation of environments are all connected to the extraction of resources and the exploitation and dehumanisation of people. These are struggles that are not unknown to us, except for the ways that they are manifesting themselves and, perhaps, their timelines. We, too, have been and continue to be impacted by colonization. Look at our laws and judicial system, look at taxation and spending on public goods and services, look at the most common religious, look at the uniforms and all that is considered professional, and investigate their origins. It does not take long to trace it all back to colonisation, and it certainly should not take very long to see how these do not serve as as they should.

It is easy to ignore what is taking place in other parts of world. It is easy to think of ourselves and our geographic locations as separate. We are not, however, immune to the effects of global events. Our rights, our economics, our social attitudes and behaviors are all connected in both simple and complicated ways. Our actions impact more than the people directly receiving them and the places they occur. The unnecessarily frequent replacement of smartphones, for example, drive demand up and contributes to the continued exploitation of children made to work in mines in the Democratic Republic of the Congo with devastating consequences for their lives and the environment.

Many may think these are not our issues to consider, much less act on. Many are afraid of feeling powerless, so refuse to activate the power they do have for whatever small affect it may have, ignoring that all of our efforts, however small, add up, especially when we take action together.

The Boycott Divest Sanction (BDS) movement calls on us to end international support for the genocide of Palestinian people by pressuring Israel to comply with international law. Inspired by the anti-apartheid movement in South Africa, it is a form of non-violent pressure organised by 170 Palestinian organisations and members of civil society in 2005. The BDS website, bdsmovement.net, details which organizations we are called on to boycott, divest from, or sanction and why these actions are important and impactful. Some of the companies on the boycott list do have products available in The Bahamas and alternative options are available.

Participating in the global strike week is easy. We do not have to do everything. It is important that we do something. It is critical that we are consistent, that we talk to others about the genocides taking place, and that we pressure people in positions of power to take action and to support those, like South Africa, who are leading.

“It is easy to feel discouraged and simply let go… On the other hand, if we take a step back, reflecting on what is happening all over the world and the history of struggle, the history of solidarity movements, it becomes clear, sometimes even obvious, that seemingly indestructible forced can be, thanks to people’s willpower, sacrifices, and actions, easily broken.”

– Angela Davis

To learn more about what is happening in Palestine, visit thepalestineacademy.com/resources.

Published in The Tribune on January 24, 2024.

SUNDAY, December 10, was Human Rights Day, with the theme of Freedom, Equality, and Justice for All (with italics indicating the emphasis on “all”). It marked 75th anniversary of the Universal Declaration of Human Rights. The most translated text in the world, the Universal Declaration of Human Rights consists of 30 articles and serves as “a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society[…] shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance[…]”

It is the Universal Declaration of Human Rights that states that we are all born free and equal in dignity in rights, that everyone, without distinction, is entitled to all of the human rights and freedoms outlined, that we all have the right to life, liberty, and security of person, and that no one is to be held in slavery or servitude among many other rights.

The Human Rights 75 Initiative was launched to bring attention to the Universal Declaration of Human Rights and a High-Level event was organised to promote universality and indivisibility, look to the next 25 years, and bolster the human rights ecosystem. At the event, the Attorney General delivered pledges on behalf of The Bahamas at the High-Level event to commemorate the 75th anniversary by contributing to “change and concrete progress on the ground on the promise of freedom, equality and justice and accountability[…]” The Ministry of Foreign Affairs website describes the pledges made as:

(1) Strengthening and development of national human rights mechanisms and institutions in alignment with international standards, including the establishment of the Parliamentary Human Rights Committee, the Office of the Ombudsman and strengthening the National Reporting Cooperation Mechanism;

(2) Strengthening cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR) as host country for the proposed regional office of OHCHR for the Caribbean Community (CARICOM);

(3) Ensuring equality in nationality rights and

(4) Taking concrete measures to address the existential threat of climate change and its adverse effect on human rights.

These pledges are without much meaning when we consider the complete and decided inaction of the Government of The Bahamas to protect, promote, uphold, and guarantee access to human rights. In April 2023, mere weeks before the appearing before the Human Rights Council for the Universal Periodic Review, the government passed a resolution in the House of Assembly to form a “Human Rights Committee.”

At the Universal Periodic Review, 17 Member States recommended that the Government of The Bahamas establish a national human rights institution (NHRI), many of them specifying that it be in line with the Paris Principles which outline specific responsibilities and modes of operation and gives a specific composition to guarantee independence.

A national human rights institution is not a committee, and it is certainly not a parliamentary committee. It is to have pluralist representation to include civil society and universities and qualified experts. It is to have funding and its own staff to support its independence from the government. It is expected to have a broad mandate including the promotion of the harmonization of legislation with international human rights instruments, encourage ratification and implementation of human rights instruments, contribute to reports to human rights mechanisms including treaty bodies, and to publicly advocate for and increase public education on human rights.

The Government of The Bahamas has not acted in alignment with its purported commitment to human rights. It readily participates in talk shops and makes statements and pledges in international spaces, but fails to follow through on commitments or even acknowledge that commitments have been made at the national level. It is inconsistent even in its international acknowledgement of commitments.

For example, The Bahamas noted (meaning rejected) the recommendation to “ensure the full applicability of the Convention on the Elimination of All Forms of Discrimination against Women,” but supported (meaning accepted) the recommendation to “continue its efforts to harmonise its national legislation to match its international human rights obligations and commitments.” The 1993 ratification of Convention on the Elimination of All Forms of Discrimination against Women is, in fact, a human rights commitment. It does not make sense for The Bahamas to accept a recommendation to harmonise legislation with international human rights commitments while refusing to fully comply with the Convention on the Elimination of All Forms of Discrimination against Women.

Several member states recommended that the government of The Bahamas take measures to ensure the equal participation of women in political and public life. The government of The Bahamas noted, rather than supported, all of the recommendations in this area that obligates it to take specific action. Its nonsensical and false responses were, “There are a very high percentage of women having leadership in public and political life,” and “Women in The Bahamas are already participating equally in public life with their male counterparts.” It is important to note that the second response conveniently excludes political life. The first response is especially concerning as it is absurd to suggest that less than 20 percent is high representation when women are more than 50 percent of the population.

The Government of The Bahamas is not only content with its own mediocrity, but is consistent in its attempts to mislead multilateral organisations and the general public with regard to its position on issues and progress (or stagnation). It continues to reference the human rights committee as though it meets international standards. It does not. It is not in line with the Paris Principles. It is not a national human rights institution. No amount of pomp and pageantry around it will make it any more substantial or bring it any closer to the international standard. That the same government would suggest that 18 percent of parliamentarians being women is a high percentage is cause for great concern. Either the people submitting responses to the recommendations received in the Universal Periodic Review do not have a basic understanding of mathematics and, in particular, proportions, fractions, and percentages, or they have no commitment to gender equality or women’s equal participation and have set a devastatingly low bar that it does not intend to raise.

It remains to be seen whether or not the government will follow through on its commitment to address the issue of gender inequality in nationality law. When asked about the persisting inequality which prevent women from conferring Bahamian citizenship to their children and spouses, the government said it would take action upon the decision from the Privy Council. That decision was delivered in May 2023, more than seven months ago. Just days ago, the pledge was made to ensure equality in nationality rights. The pledges made by The Bahamas are not concrete and have no timeline, making them difficult to measure which was likely the point. The Government of The Bahamas participates in international events and processes in this marginal way, and perhaps its peers fail to call it out. We need not fail it and ourselves in the same way.

Published in The Tribune on December 13, 2023.

THERE is always a crisis somewhere, and when there is a crisis anywhere, there is a crisis everywhere. This is the nature of the world, given the way that the global economy, geopolitic, and interpersonal relationships work on their own and are connected with each other. Crises, however discreet they may appear to be, are also interconnected. Discussed as though they are about one issue or another, armed conflicts are usually started to gain control of resources, destabilise economies, and/or oppress and subjugate people. The latter two are usually connected to the desire to steal, control, and profit from resources.

Some crises make it to the news while others are ignored, deemed less important, impactful, or relevant. Sometimes it is about the direct effect of crisis in one or two countries on the rest of the world and how much we depend on them for necessities. Sometimes it is about the people involved and how human the rest of the world considers them to be.

Everyone knows that there is a conflict in Ukraine, though everyone who is aware of it may not understand and discuss it as a war being waged by Russia.

We have seen footage of the violence against people and destruction of property. We have heard from the people who fled of the absence of choice and the will to survive which led to the separation of families. Ukrainian people have been forced to go to other countries that, thankfully, rightfully, accept them as refugees. They, in many ways, have to learn new ways of life, and they face the difficulty of deciding in which ways they should assimilate and in which ways they can and should maintain their culture. They balance the maintenance of their collective identity with living as comfortably in community with a receiving country. Language and food, of course, are integral to cultural identity, and are both the easiest and most difficult aspects to maintain when a minority in another country. Many have pointed to the targeted destruction of museums, galleries, and other cultural sites — clear attempts to wipe out every trace of Ukrainian cultural. This — all of it— is genocide. This is a war on people, on their culture, and on their history.

Everyone knows that there is conflict in Palestine, and particularly in Gaza, and there are different narratives about it, so not everyone acknowledges that it is genocide.

Some understand that Israel has inflicted violence upon the Palestinian people for decades, displacing them, trapping them in open-air prisons, and killing them. Some are unaware, and maybe uninterested, in the history of this crisis and the human rights violations by Israel against Palestine.

The same must be said here:

We have seen footage of the violence against people and destruction of property. We have heard from the people who fled of the absence of choice and the will to survive which led to the separation of families. Palestinian people have been forced to go to other countries that, thankfully, rightfully, accept them as refugees. They, in many ways, have to learn new ways of life, and they face the difficulty of deciding in which ways they should assimilate and in which ways they can and should maintain their culture. They balance the maintenance of their collective identity with living as comfortably in community with a receiving country. Language and food, of course, are integral to cultural identity and are both the easiest and most difficult aspects to maintain when a minority in another country. Many have pointed to the targeted destruction of museums, galleries, and other cultural sites — clear attempts to wipe out every trace of Palestinian culture. This — all of it — is genocide. This is a war on people, on their culture, and on their history.

What does the repeated use of these tactics tell us about these wars and the people waging them? What do they say about the intent of the people behind them? What about the common suggestion that it is “just about land”?

It is easy to throw our hands up. We can come up with countless excuses that amount to:

  • We are too far away.

  • We do not understand.

  • We are suffering too.

Whatever the excuses we can find to absolve ourselves of any responsibility for each other, within and across borders, global solidarity is critical. This has been rather difficult to build, but it is happening. One of the main gaps is the low capacity to care.

It is not always that people do not care. Sometimes people do not want to care, so they choose to ignore. Sometimes people do not know why they should care, and they actively work against the human instinct to be interested in the welfare of others. So many of us are tired, struggling, and tired of struggling. Moving from one day to the next can sometimes feel as though we ourselves are turning the massive, heavy hands of time, and that our running feet are what make this planet spin. The burden heavy, the pressure tall, we press on in our daily lives, concerning ourselves with what is immediately in front of us. Sometimes, being asked to care is taken as an affront. It is not that we should be blamed for these circumstances, considering that we are operating within a system that has been designed and maintained for this purpose — self-destructive individualism, hyper-focus on survival, perpetual exhaustion, and a seemingly necessary disinterest in what takes place outside of our own bubbles.

Our pushback against this system, while we are in it, has to be intentional, collective, and unrelenting. We have to choose to be attentive —watching, reading, and listening to the news. This on its own, of course, is not enough. We have to be media literate, assessing the credibility of our sources of information and being critical of the way the information is a delivered. Does the source have a clear position on this issue? What does the source want us to believe? Who has been quoted, and what other sources have been mentioned? What do the people behind this piece want us to do, and why?

One source is not enough for us to be able to make a decision on an issue. It is important to go to multiple sources, draw comparisons, note the contrasts, and verify the information. Are the stories firsthand, coming directly from people who have directly experienced the event? Is it a retelling of someone else’s story? Is there evidence to support the secondary data? What do the photos, video, and audio indicate? Could they have been manipulated in any way? Separate the facts from the opinions and apply the evidence.

After accessing and assessing the information for credibility, it can be helpful to discuss it with others. What do other people think about the news? Have others found other sources of information or completed assessments that we have not yet done? Do people tend to take one side over another? Why?

There is often one side that gets more support, and this does not necessarily mean that it is the right side. In many cases, the conservative viewpoints get more attention, both from media and from the people around us, because their talking points are generally the same and their positions are often so divisive that the media wants to run multiple stories over a long period of time, if only for the shock value that leads to more purchases and clicks. The people who call for human rights, dignity, peace, and equality are often left to play catch-up, responding to the hateful rhetoric and misinformation spread by other people. It is important to pay attention to what is being said on all sides and to identify the intent behind all of the messages. It is not sufficient to know the opinions people hold. Find out why they think, say, and do whatever it is they do. Assume less. Ask questions, challenge positions, and determine why you stand where you do.

Where are people being valued, championed, and protected? Where are systems and institutions being held up as more important than human life? Who is expressing concern and demonstrating care for the people most vulnerable to violence, destruction, oppression, and murder? Who is dehumanising people, using gender, race, socio-economic status, age, and other identity markers to “excuse” what is happening to them?

With information, opinions, and the intent behind them, we are better equipped to find our own positions on issues. Once we do, in order for it to mean anything, we have to take action. This does not mean we need to enter conflict zones or become participants in wars. Being relatively safe, we are able to speak up. We can talk to family members and friends about what is happening elsewhere and help them to understand who the victims are and how we can support them. We can make donations to organisations that are activated, especially on the ground and in receiving countries, to meet immediate needs, including food, water, and medical care. We can engage political leaders and other people of influence, sharing our positions and our expectations of them as they participate in conversations and decision-making processes with regard to the crisis. We can use our platforms, including social media, to share information and encourage others to act. Small acts matter. What is most important is that we take action based on our own capacity, and that we seek to increase that capacity by challenging ourselves and the systems that limit our ability and willingness to participate.

Interested in learning more about Palestine? Check out the list of 40 books at https://lithub.com/40-books-to-understand-Palestine. 

Published in The Tribune on November 15, 2023

FRIDAY, October 6, marked the 30th anniversary of The Bahamas ratifying the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It was marked by a proclamation, printed in both national newspapers, of October 6, 2023, as Elimination of All Forms of Discrimination Against Women Day. The Prime Minister called on organisations, businesses, and families to recognise the importance of women’s rights and the elimination of discrimination against women with relevant activities and programmes.

Follow three decades of work by the United Nations Commission on the Status of Women (CSW), CEDAW was adopted by the United Nations General Assembly in 1979. It came into force in 1981. Some may be familiar with CSW as it is a large annual event held at the United Nations in New York City, drawing not only Ministers with responsibility for gender and women’s affairs, but non-governmental organizations that advocate for the rights of women for two weeks of meetings.

In its official programming, CSW results in an outcome document that lays out the commitments made by member states. Side and parallel events give non-governmental organisations and individual advocates opportunities to share knowledge, network, and build solidarity across countries and regions, and they also present opportunities to meet with state representatives and international organisations. It was the cumulative outcome of many years of CSW meetings that made the case for the drafting of the Convention on the Elimination of All Forms of Discrimination against Women, recognising discrimination against women as a specific issue that needed to be addressed.

Since April 2022, Equality Bahamas has been hosting the CEDAW (Convention) Speaker Series, inviting experts — mostly from the CEDAW Committee — to lead discussions on the Convention, one Article at a time. The series started with Swiss human rights lawyer and former CEDAW Committee member Patricia Schulz leading the discussion on Articles 1 and 2. Article 1 focuses on the definition of discrimination against women and Article 2 focuses on the policy measures that must be taken in order to come into compliance with CEDAW, so those two Articles are discussed together just as they are dealt with together in the constructive dialogue in Geneva. Article 3 on basic human rights and fundamental freedoms was presented by CEDAW Committee member Esther Eghobamien-Mshelia, and it was followed by Article 4 on special measures which was led by Bahamian human rights experts Gaynel Curry. The series continued this way, with one expert discussing one Article (or two when they are handled together by the Committee) each month, presenting the text of the Convention, the relevance of the Article to the rest of the Convention, and the application of the Article to the Bahamian context.

I facilitated the CEDAW Speaker Series sessions, and each one deepened my understanding of the individual Articles and the Convention. Each speaker took time to give context for the Article of discussion, grounding it in the purpose and overall content of the Convention. They also made clear connections to other Articles. We tend to understand almost all of the Articles of the Convention as specific to a thematic area, but the overlaps and the interdependent nature of the Articles became with each session, especially as we considered them within the context of the work we are doing at the national level. For example, Equality Bahamas is currently conducting research on parental leave, and while we considered Articles 11 on employment and 12 on health, we realised that we also need to integrate Article 16 on marriage and family life. Article 14 on rural women is particularly relevant and will feature prominently when, in our report, we delve into the specific experiences of women on the Family Islands and how their maternity leave is impacted by the requirement that they leave their home islands to give birth in a hospital.

I was on a radio talk show yesterday to talk about the 30th anniversary of the ratification of CEDAW by The Bahamas and a caller expressed his concern that women in Centreville and in Bain and Grants Towns do not know about CEDAW because they have a lot of children and would not understand what I was saying. My instinct was to respond to a number of implicit biases and incorrect assumptions. One is that women in townships or inner-city communities are all the same — more than the average number of children and less than the average education among other assumptions. This is, of course, not the case.

He also assumed that I am a “sophisticated” woman, whatever that means, who does not engage at the community level. Instead of responding to these assumptions, I listened to the rest of what he said. The point that he really seemed to want to make was that the people who are supposed to benefit from the international human rights mechanisms that the governments sign do not even know they exist, much less how to use them to their benefit. I can easily agree with that point, while making it clear that it is the responsibility of the government to educate the people, promote human rights, and meaningfully engage people on human rights, domestic law, and international law and obligations.

We have become accustomed to the government, with any administration at the helm, shirking its responsibility to the people. It has normalised and continued its withdrawal from social protection, refusing and/or failing to ensure that people’s basic needs are met. We continue to suffer the effects of structural adjustment programmes, even in the face of multiple crises in recent years.

Despite being urged to do so by advocates and the CEDAW Committee, the government has refused and/or failed to educate the public on human rights, the obligations of the government to promote and guarantee access to them, and the international mechanisms that monitor and hold the government accountable in addition to make clear recommendations that must be implemented. In its Concluding Observations following the sixth periodic review of The Bahamas, held in Geneva in 2018, the CEDAW Committee said it was “concerned that women in the State party, in particular those belonging to disadvantaged groups, are unaware of their rights under the Convention and thus lack the information necessary to claim them”. It called on the Government of The Bahamas to “enhance awareness among women and girls of their rights and the remedies available to them under the Convention, including through awareness – raising campaigns, in cooperation with civil society organisations and community-based women’s associations”.

That the general public, and that women and girls themselves, are not aware of and do not understand CEDAW and its implications for all of our lives is not a failure of the public, women and girls, non-governmental organizations, or advocates. It is not due to an inability to gain new knowledge or to understand the content and application of the Convention. It has been thirty years since The Bahamas ratified CEDAW. The government is well aware of what CEDAW is and what it means for women and girls in The Bahamas. It voluntarily ratified it and it has presented its reports to the CEDAW Committee, the most recent being in 2018 and one in progress now. It has decided that women and girls knowing their rights is either unimportant or disadvantageous to the government and the institutions and people who benefit from the oppression, marginalisation, discrimination, and violence against women and girls. Thirty years is far too long for any excuse to hold.

Equality Bahamas has, with limited resources, run a speaker series in the lead-up to the thirties anniversary of the ratification of CEDAW. The recordings of past sessions are available on its Youtube channel and can be accessed at tiny.cc/cssplaylist. The series will continue during the Global 16 Days Campaign which runs from November 25 to December 10. In those sessions, experts will lead discussion on General Recommendations which elaborate on the Convention and address issues that are not articulated in it.

If you are interested in learning more about CEDAW or you would like to organise a session for a group, contact the Equality Bahamas team at equalitybahamas@gmail.com. If you would like to see the government step up to the plate and do the promotion and education part of its job as it pertains to human rights, say so. Contact the Department of Gender and Family Affairs to find out what it is doing, and contact the Office of the Prime Minister to urge the Prime Minister to properly resource the Department and transition it to the Ministry so that it can function as a national gender machinery and to build a national human rights institute which would monitor human rights, receive complaints, make recommendations, and provide education on human rights to the public. These have already been recommended by the CEDAW Committee and by member states through the Universal Periodic Review, so it will not be news to them. What would be news, however, is that members of the public are paying attention and have the demand, if not the expectation, that human rights be fulfilled.

Published in The Tribune on October 11, 2023

In June, I attended #CHOGM2022 in Kigali, Rwanda. I attended in the Commonwealth Women’s Forum, moderating a panel organizations by The Commonwealth Equality Network (TCEN) on LGBTQI+ rights, and was on the closing panel at the Commonwealth People’s Forum which was focused on building upon the ideas shared during the two-day forum and looking toward the future.

Later in the week, I participated in the Commonwealth Foreign Ministers Roundtable where I spoke about the relationship between governments and civil society and why it needs to change. We, members of civil society, know our communities. We work with and within them every day, we can reach them with ease, we know the pressing issues, and our access cannot be matched by the government. Non-governmental organizations cannot be skipped over and ignored when services and programs are being developed to benefit the people in the communities we serve.

If I come across a recording of the Roundtable, I’ll be sure to share it. I’m happy to see the Commonwealth Foundation has shared the recordings from the Commonwealth People’s Forum, and it was great to revisit the closing panel. Check it out.

I was invited as a part of the delegation of The Commonwealth Equality Network (TCEN) to attend the Commonwealth Heads of Government Meeting (CHOGM) in Kigali Rwanda from from 19 to 25 June 2022.

I shared my experience with TCEN, which you can take a look at from 10:45 in the video below.

March is always packed with speaking engagements due to International Women’s Day. I’m always happy to see the conversations continue well past March 8, so I’m looking forward to attending this week’s Rotary Club of South East Nassau meeting to talk about gender-based violence. Last week was full of terrible news, so there are many examples to use in this sessions and, more importantly, put in the context of structural gender-based violence and the reform we need.