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Channelling rage and anti-resilience

The Global 16 Days Campaign started on Monday, November 25, International Day for the Elimination of Violence Against Women (IDEVAW). The campaign opened at a time that the country is shocked and upset by the rape and murder of 12-year-old Adriel Moxey and the rape and death of 72-year-old Verencha Butler.

The Global 16 Days Campaign was started in 1991 by a group of women in activism who had been engaged in a training programme and saw the need to bring specific focus to gender-based violence against women and girls. The 16-day campaign includes key dates such as International Day of Solidarity with the Palestinian People (November 29), International Women Human Rights Defenders Day (November 29), International Day of Persons with Disabilities (December 3), and Human Rights Day (December 10.) In recent years, December 6 has been recognised as Femicide Awareness Day.

Femicide has been a theme in the Global 16 Days Campaign by Equality Bahamas for the past few years, both because it was a multi-year theme for the Global 16 Days Campaign itself and it is an overlooked, under-studied issues in The Bahamas. Femicide is the sex- or gender-based killing of a woman or girl, and it can be direct or indirect. Direct femicide is a killing that results from overt physical violence, and indirect femicide results from discriminatory, oppressive, or negligent action or inaction.

The rape and killing of both Adriel Moxey and Verencha Butler, which took place just days before the start of the Global 16 Days Campaign, are emblematic of the issue of gender-based violence against women and girls which includes sexual violence and at its most extreme, results in femicide.

Adriel Moxey, by all accounts, was a spirited girl who enjoyed being around people and kept herself busy with extracurricular activities. She usually made her way home after her on campus activities and church events. It was expected that she would continue to do so, and that it would be safe for to continue living as she did. On the day she was raped and murdered, she went to school. She attempted to walk home from school. She was interrupted by violence. She, like all survivors and victims of rape and femicide, does not have any blame for what for what was done to her. She was child, and she was trying to find joy and connection, and she was targeted, overpowered, and violated in the ways women and girls are regularly reminded to fear.

Verencha Butler was a mother and grandmother. She spent time with her family, in celebration of a birthday, before returning to her home where she had the reasonable expectation of safety. She likely had a daily and nightly routine. Perhaps she watched the news in the evening. Maybe she enjoyed a cup of tea before going to bed. She may have always had her tea in a particular mug. That night, we can easily imagine that she turned over the memories of the birthday celebration in her mind, smiling at the wonderful engagement she had with her family. Her night was interrupted. She, like all survivors and victims of rape and femicide, does not have any blame for what was done to her. She was an elderly woman, and she was going about life as she usually did, and she was targeted, overpowered, and violence in the ways women and girls and regularly reminded to fear.

Both of these cases are horrific. They fill some of us with terror and other with disgust or confusion. We wonder how anyone could violate a 12-year-old or a 72-year-old in these ways. We have question after question about the circumstances that led to these criminal acts, what went wrong along the way, and what we need to do now. It has only been a few days, and already the temperature is returning to the usual as attention shifts. So limited is the national capacity for outrage and to apply pressure that even the most horrific cases fall away from the headlines, social media discourse, and dinner table discussion.

This year, Equality Bahamas set Rage and (anti-)Resilience as its theme for the Global 16 Days Campaign. The events are creating space for women to feel, acknowledge, and channel our rage into meaningful action for the political and social transformation we need in order to end gender-based violence. The sessions are also challenging the idea that women and girls must be resilient as individuals, being strong, pulling ourselves up by the bootstraps, and bouncing back from adversity, pretending it never happened. Instead, resilience is being framed as system and a network that allows people to recognise our interdependence and build active communities that are spaces and resources for care. The campaign is building on the idea put forward by Soraya Chemaly in her book The Resilience Myth: New Thinking on Grit, Strength, and Growth After Trauma.

We see the harm causes by narrative about a resilience that requires individual strength in the response to the rape and murder of Adriel Moxey. People have been quick to blame her mother, who is also a victim of these crimes, for what happened to her daughter. She should have secured private transportation for her child, she should have looked for her earlier, she should not have fallen asleep, she should have walked to the police station… There is no end to the list of actions she should have taken. Not only is there no blame assigned to the father, whether or not he was present in Adriel’s life, but this shifted attention from the perpetrator. It also makes the assumption that we are all responsible for ourselves and our dependents to the exclusion of everyone else. It suggests that there is no role for community or government to play. It ignores that other factors involved in Adriel’s case, from the lack of electricity in the area of her home and lack of safe public transportation for all students to the realities and perceptions of the police (as demonstrated by more than one person who did not go directly to the police when there were signs of a crisis).

What is resilience is not a one person job that everyone has to do for themselves? What if the village actually functioned like a cohesive unit? What if the Department of Social Services did its job, on every case, every single time? What if the police were trusted, responsive, and effective? What if no child had to walk home alone, whether at the end of the regular school day or after extracurricular activities? What if electricity was provided wherever there are houses? What if mental health were taken seriously and people could access services without stigma and regardless of ability to pay? What if there were sufficient housing for people in crisis?

The failures are systemic. No individual should have the burden of overcoming all of the systemic issues that are not addressed by the government or other power-wielding entities, nor carry the blame when the consequences of the systemic issues result in tragedy. You see the horrible situations. You feel grief when people are raped, physically assaulted, and murdered. You see the pain of their loved ones. You can barely imagine the fear of the people it could have been, and the people it could be next. You know it is tragic that there will be a next time. Still, you are in the safety of your home, your family, your safety net, your bank account, and you tell yourself that you are better than those other people and what happens to them would not happen to you because you are resilient. Because you or your family has done certain kinds of work to protect you. And to further convince yourself of your invulnerability, you blame someone. You make decisions about why events unfolded as they did and what individual actions would have prevented them. You get to be superior and separate from this place where terrible things happen. It is easy to blame.

What if you allow yourself to be enraged? What if your disgust is for perpetrators and the systems that enable them to enact violence? What if your demands of the government extended beyond punishment?

There is very little prevention work taking place in The Bahamas. Punishment is not prevention. Punishment happens after the crime is committed. How many cases of gender-based violence and femicide do there need to be before this administration—any administration—faces the facts?

Gender-based violence is a specific type of violence that disproportionately impacts women and girls. Violence against women and girls is common, and it is rooted in patriarchal attitude, gender stereotypes, and harmful gender ideology that convince people that women are inferior to men. Gender-based violence can result in femicide. The killing of a woman or girl because of her sex or gender is femicide. This is not the same as any other kind of murder or homicide. It is gender-based killing. Cases of femicide must be named and counted. There is no other way to determine the prevalence of the sex- and gender-based killing of women and girls, and there is no other way to determine the risk factors or indicators. Risk factors and indicators are needed in order to development preventative measures and appropriate, effective intervention. There is no ending gender-based violence or femicide without the use of these specific terms, the collection and analysis of data, and the development, planning, and implementation of action plans which must include legal reform and national programming. The Gender-Based Violence bill is, as stated by the CEDAW Committee and recommended by United Nations Member States in the Universal Periodic Review, a requirement for this work. There is no existing law that address gender-based violence specifically and comprehensively, and until there is, we know that we cannot take the Government of The Bahamas seriously and that it is leaving to us, as individuals or as communities—whichever we choose—to be resilient on our own.

Published in The Tribune on November 27, 2024.

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Dear survivor, I believe you

EVERY now and then, there is a story that takes over the news. It is a top story one day, and lingers in the main section, even if not on the front page, for a while. It pops up again when it becomes particularly relevant. It is discussed widely, and in public, by people with varying degrees of knowledge of the situation, but usually with strong opinions regardless of knowledge. People participating in commentary are confident and loud in their positions. They do not think about the consequences of being heard by the people in the news story or their loved ones, much less people in their own lives or in close physical proximity who relate to the story in a personal way. They do not view the affected people as human beings, making it easier to use them as fodder for uninformed conversations.

Much of the messaging in the media is to the general public. Some of it is directed to the government. There is not enough support, in word and deed, directed to survivors of gender-based violence. Today, in the aftermath of a high profile case and in the flurry of conversation about the US presidential election, my attention is specifically and exclusively on survivors.

Dear Survivor,

I believe you.

I know that what you said happened is what happened. I know there are parts that you have forgotten — some that you would like to remember, and some that you are relieved to be rid of. Memory sometimes seems to fail us. Know that the brain has ways of protecting us. Trust that your brain and your body, in all that they are doing, are trying to protect you from further harm.

People may have said and may continue to say that you lied or exaggerated, and that is far from the truth. I know that we, survivors, often minimise when we recount what has happened to us. There are parts of our stories that we do not want to think about it, much less talk about. There are parts of our stories that we will only tell when we are ready. There are parts of our stories that no one else will ever know. Sometimes we have to keep something for ourselves, even when it is pain. You know the truth, and no one’s disbelief is more important than that.

I know that you did nothing to cause the violence you experienced. People make hurtful comments, state assumptions as though they are facts, and forget that you are a real person who has experienced one of the most horrific acts of violence. It is tempting to read the news, to read the comments, and to see what people are saying, and it is usually best to avoid it all. I hope that you have someone you can rely on to monitor the news and the comments made, record them, and make them available to you or the relevant people working with and for you if and when there is a time that may be useful. You do not need to do it alone.

I know that you are not and cannot be solely responsible for your healing. Even meeting your most basic needs can be difficult, and this is not a failing of yours. Lean on the people who love you. You may be inclined to push people away in this moment. Consider that you may actually need to let people in. Allow them to help you, whether by dropping off meals, helping with childcare, or sleeping in another room so you have privacy as well as someone to call on when you need support. Professional mental health support is important too. If you are able to access therapy, take the opportunity. You need a safe space to talk.

It makes sense if you are disappointed with the people around you who did not do everything they could to prevent the violence you experienced. There may be people who could have warned you, but didn’t. There may be people who saw what was happening and did not take action. There may be people who could have stepped in, and they stayed on the sidelines. There may be people who could have supported you in material and immaterial ways, but they never made the offer. It is okay to be upset with them. It is okay to forgive them. It is okay if you cannot even contemplate forgiveness right now, or ever. It has to be in your own time, and it all depends on the way you process everything that has happened. You are entitled to your feelings, and you do not have to put mind over matter all of the time. You do not have to set anyone free from the consequences of their actions or inaction. You deserve to be free, even from the expectation that you be the “bigger person”.

I understand that you may be angry with people you have never met. I understand that you may be hurt because of things strangers have said about you, about your story, and about your actions toward justice. These almost-anonymous people are reckless in their commentary, and there is very little recourse for you. Your feelings, however, have a purpose. You know the difference between right and wrong. You know that what you experienced was wrong, and the way you are being treated by the people who seek to discredit you is wrong. You may not see a clear action to take as a result of your feelings, but it is important to recognise them and your right to them.

Justice, Survivor, is not often had through the judicial system. In far too many cases, survivors are put on trial. It is we, the ones who were harmed, who are made to retell stories of violation, whose characters are called into question, and who are accused of trying to ruin the lives of violent people. It is exhausting, it is frustrating, and it is demoralizing to try to navigate systems that were not developed for our benefit at all. We are expected to fit into them and to take what we can get from them.

Your justice — and certainly your healing — will likely not come through a court case. It may be in knowing that you spoke the truth. That you did not take on the shame that belongs to the perpetrator. That you would not be quiet about what happened. That you said their name out loud. That you can share your story with other people. That you are the person someone else can call when they see the signs, when they are in trouble, when they want to know the way forward, when they need someone to stand with them against another person who thought they could get away with it. That you still know that you are a person, that you have rights, that you are whole, that there are many possibilities, and that you, above all else, can love and trust yourself fiercely.

It is difficult to participate in inhumane processes as human beings. This is not a statement on your character. The systems we live within are terribly flawed. We need more people and organizations to help people to navigate them, but more than that, we need to change them. This is not your job.

Your number one responsibility is to prioritize yourself and your healing, knowing that the road is long, and can be a bit easier with support. When you need help, please ask. If you did not get referrals when you reported, if you reported, reach out to non-governmental organizations working in this area. You can always contact Equality Bahamas at equalitybahamas@gmail.com. We want you to win — not just a court case, but the struggle to stay in this life, to centre yourself, and to embrace the journey of healing. You deserve to be here just as much as anyone else. Your life has value. The world needs what you came here to deliver. Believe it as strongly and unreservedly as I believe you.

In Solidarity,

ALICIA WALLACE

 

Published in The Tribune on November 6, 2024.

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Stop normalising gender violence

Cases of gender-based violence against women continue to be in the news on a daily basis. With little or no ongoing work to prevent gender-based violence against women and girls and insufficient resources allocated to intervention, women and girls are experiencing violence in many forms, and repeatedly.

A 26-year-old man who met a 14-year-old girl on Instagram in 2022 pleaded guilty to “unlawful sexual intercourse”. He will return to court on September 18 for sentencing.

A 20-year-old man admitted to “injuring his girlfriend and assaulting her with a knife”. He threatened to kill the woman. The news report stated that he “lost his temper” during an argument. He was sentenced to three months for causing harm and five months for assault with a dangerous instrument, and the sentences are to be served concurrently.

These people were not under the impression that what they were doing was right. Certainly, the 26-year-old knew that he was raping the 14-year-old girl as no one under the age of 16 can give consent. The 20-year-old man definitely knew that assaulting his girlfriend with a knife and without a knife was a criminal offence. Why did they act violently?

Were they trying to make a point? Were they trying to assert authority? Did they want to appear dominant? Did they want to have power and control over someone else? What makes violence the go-to when there are ways that we can actually fulfill our needs to communicate, to respect ourselves and be respected, and to take control of our own lives?

Violence, in all of its forms, has been normalised in The Bahamas. Many believe that violence is an appropriate response to a variety of situations. “What did you do to make him do that?” is a victim-blaming question that is often asked of survivors of domestic violence and intimate partner violence. It suggests that there is cause and effect—that person who experienced violence caused it, and that the perpetrator was violent for a reason. Violence, however, is not reasonable. It is not a reasonable response to any situation or event. It is not a reasonable way to express emotion.

Violence has long been regarded by Bahamians as a solution. It is regarded as one of the most foundational tools of parenting. Children are beaten for failing to behave in the ideal manner, getting lower grades in school that parents and guardians want to see, not making the best decisions at all times, going through development (including changes in their bodies), being unable to regulate their emotions at all times, having natural reactions to situations, and crying when they are beaten. There are many other “reasons” that children are beaten. The beatings that children are subjected to vary widely.

Some adults hit children repeatedly with hands. Some adults hit children with objects like shoes and power cords. Some adults pinch and poke children. Some adults punch and kick children. Some adults take children by the neck and throw them against walls. Shout obscenities at their children and threaten to hit them, put them out, take them to the police station to be beaten, or send them to someone else who, presumably, does not have the means to provide for them. Destroy their children’s belongings. Record and publicly share videos of themselves verbally and/or physically assaulting their children.

It is all violence. It is a failure of parents and guardians to effectively communicate with children, regulate their own emotions, deprioritise their egos, and be led by love—not fear or the desire to instill it in others—as they raise their children with the respect and discipline that eschews violence.

People learn violence early. Children are taught, through the actions of adults, that violence is a way to respond to their emotions. Violence is the response when feelings are hurt. Violence is the response when there is a feeling of disrespect. Violence is the response when there is the feeling of embarrassment. Violence is the way to coerce someone into taking a particular action. Violence is the way to instill fear. Violence is the way to assert dominance. This is what we are led to believe when violence, and the fear of violence, form our discipline.

Violence is, in fact, the way of the cowardly, the ignorant, the lazy, the underdeveloped. Violence is a failure to communicate. It is the failure to experience and process emotions. It is the failure to lose and to then move on. Violence is indicative of an incompatibility with humanity which requires us to have experiences that prompt feelings, to then experiences those feelings, and to understand what those feelings mean, even when it means sitting in the discomfort or vulnerability of being seen as human.

When violence is taught, by demonstration, from childhood, what are we to do about the challenges we face as we get older and both our needs and responsibilities change? What can we expect from one another when we are under stress and many factors are completely out of our control? What standard do we currently hold ourselves and one another to, especially as we navigate crises from the devastation of hurricanes and the impact of COVID-19 to difficult relationships and precarious living situations?

Far too many people turn to violence, expecting it to make them feel and appear more powerful. They use it to shut people up. They use it to make people talk. They use it to make money. They use it to make a name for themselves. They use it to send messages. “They” are not always the criminals that comes to mind. “They” are not just the young men on the street. “They” are not just people on the run. “They” are people in high places and in not-so-high places where decisions are made.

Over the past few days, public discussion has centered the horrific text messages, videos, and photos that have been circulating via WhatsApp and other social media platforms. The violence displayed in them is disgusting, terrifying, and gratuitous. The way people are fiends for graphic images, publicly asking for the material to be sent to them, is sickening. It is a clear indication of the way many have been desensitised not only to the idea of violence, but the display of it. How different from the person who inflicts violence is the depraved person who wants to watch it happen?

How can we continue to pretend to be shocked by the rate and extent of murder and other violent crime in The Bahamas, knowing that many people around us teach it, practice it, and delight in it? People who claim to care about various issues related to national development and human rights are laughing about a recent murder and the graphic material circulating. These are signs of people who are peaceful or peace-loving. These are not signs of people who are concerned about the safety or wellbeing of people in The Bahamas.

While this case is discussed, along with the way positions and relationships to people in positions of power protect certain people, no matter what they do, let us not forget the sitting Member of Parliament charged for rape and making death threats. Everyone is not treated equally. Not the violent, and not the violated. Justice, all too often, takes a very long time to come.

Recommendations

1. Join Feminist Book Club this month. We are reading Ayọ̀bámi Adébáyọ̀’s Stay With Me which was shortlisted for the Women’s Prize for fiction. Nigerians Yejide and Akin fell in love in university and got married, decided that polygamy was not for them. After for years of trying, they have not been successful in conceiving. Yejide is doing everything she can, but what is she supposed to do when a new wife for Akin is delivered to their doorstep? The Guardian called it a “bright, big-hearted demonstration of female spirit, as well as the damage done by the boundlessness of male pride”. Join Equality Bahamas and Poinciana Paper Press for Feminist Book Club on Wednesday, September 18 at 6pm EDT. Register at tiny.cc/fbc2024 to receive information on our monthly meetings.

 

2. The Braxtons. This reality television show following The Braxton family comes four years after the last season of Braxton Family Values aired. In March 2022, Traci Braxton died of esophageal cancer at the age 50. Three episodes in, the first season of this new show starring the Braxton sisters and their mother, Ms E (Evelyn Braxton), focus on their grief alongside their promise to Trina that they would stay close. Sometimes funny, sometimes deeply saddening, the show can be hard to watch, especially for anyone experiencing grief. It can be helpful for people whose loved ones are grieving as it shows some of the different ways that grief can look, how differently people, even in the same family, process grief, and the long-term support that is needed.

Published in The Tribune on August 28, 2024.

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We agreed to protect women – why don’t we?

THE Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, also known as the Belém do Pará Convention was adopted on June 9, 1994. Belém do Pará is now 30 years old and has been ratified by 32 of the 34 member states of the Organization of American States (OAS). The Bahamas ratified the Convention, obligating it to prevent, investigate, and punish violence against women.

In Article 1, Belém do Pará defines violence against women as “any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere”. In Article 2, it elaborates with the specific inclusion of 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”, “occurs in the community and is perpetrated by any person” including harassment in the workplace and other institutions, and “is perpetrated or condoned by the state or its agents regardless of where it occurs”.

In addition to the specific mention of the public and private spheres in Article 1, Article 3 specifically states the right of every woman to be free from violence in both the public and private spheres. Article 3 also draws attention to State-condoned violence and, in the Bahamian context, makes it necessary to look at laws that discriminate against women and exclude particular acts of violence or perpetrators of violence.

Articles 1 to 3 are easily applied to the issue of marital rape in The Bahamas and the flimsy excuses put forward by successive governments and anti-rights groups who insist, implicitly, that women are not full human beings and there should be exceptions when violence is perpetrated at home and by spouses. Violence against women is clearly defined, and the Convention explicitly states, twice, that women have the right to be free from violence in the public and private spheres, and perpetrated by any person. This means states are obligated to prevent, investigate, and punish violence enacted against women in the home and violence enacted against women by their spouses.

Articles 7 to 9 are specific to the duties of State Parties. These include their obligation to:

1. apply due diligence to prevent, investigate and impose penalties for violence against women

2. include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary (This includes the gender-based violence bill, recommended by the CEDAW Committee in 2018 and by member states in the Universal Periodic Review process in 2023. The government committed to pass the bill, but stopped consultation, abandoned the bill, and passed the “Protection Against Violence” Act which does not, in any way, address the specific issue of gender-based violence.)

3. take all appropriate measures, including legislative measures, to amend or repeal existing laws and regulations or to modify legal or customary practices which sustain the persistence and tolerance of violence against women (This includes the amendments to the Sexual Offences Act, removing “who is not his spouse” from the definition of rape, repealing section 15 on “sexual assault by spouse”, adding a statutory definition of consent, and adding a clause of non-immunity on the basis of marriage.)

4. promote awareness and observance of the right of women to be free from violence, and the right of women to have their human rights respected and protected (The CEDAW Committee has recommended that the government ensure that women and girls are aware of their human rights, particularly under the Convention, and there has been no movement toward this in the five years since.)

5. modify social and cultural patterns of conduct of men and women, including the development of formal and informal educational programs appropriate to every level of the educational process, to counteract prejudices, customs and all other practices which are based on the idea of the inferiority or superiority of either of the sexes or on the stereotyped roles for men and women which legitimise or exacerbate violence against women (Related to the previous point, there is no plan and there has certainly been no action by the government to address the issue of gender stereotyping and harmful ideology. This, too, is an obligation through CEDAW, and one that is critical to preventing violence against women and girls.)

6. to ensure research and the gathering of statistics and other relevant information relating to the causes, consequences and frequency of violence against women, in order to assess the effectiveness of measures to prevent, punish and eradicate violence against women and to formulate and implement the necessary changes (The gender-based violence, which was never passed, should have included a system for recording and analysing incidents of violence against women and, in particular, femicide, in order to identify risk factors and trends which would aid in developing effective prevention and intervention.)

The Belém do Pará is not often discussed in The Bahamas. We have generally been more attentive to the United Nations human rights mechanisms. While they are useful, it is important that we make better use of regional mechanisms and find ways to learn from other countries in the region that have had success in reducing violence against women and in implementing the Convention in effective ways.

That 30 years have passed since The Bahamas ratified the Convention and few people recognise its name, much less know what it is about and what it contains is a failure of successive government administrations. It is, as we know, not enough to participate in multilateral processes, sign and ratify documents, make commitments, and occasionally report. The general public needs to be made aware of the obligations of the government to protect and expand our human rights. We need to know our rights and how to access them. We need to have a clear understanding of the existing national legislation and how it is contravention with international commitments. We, importantly, need to know that these commitments are to us, and not to an institution. The institutions are vessels and, yes, motivators, and we, the people, are rights holders. It is our right to know our rights, and it is the obligation of the government to ensure that we know them and access them fully.

Published in The Tribune on June 12, 2024.

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Bahamian politics a race to the bottom

It looks like we are in for another race to the bottom. We are now halfway through this term, and the Free National Movement will decide who its leader will be in the coming weeks. While the two candidates, from what we have seen thus far, are quite different, neither inspires confidence. The party itself has a significant amount of work ahead of it to define itself and prove itself to a new generation of voters and the voters who refused to show up for it in 2021. Two and a half years later, this work has not even begun. In fact, it seems to be working against itself. It is not even trying to play the role of Opposition, failing to draw attention to the governance failures, failing to offer solutions, and failing to model better practices.

Member of Parliament for St. Anne’s seemed to be upset by the announcement that The Bahamas now recognises Palestine as a state. The Bahamas took far too long to take this step, particularly as we witness, on a daily basis, the settler colonialism and genocide, by Israel, of Palestine and the Palestinian people. The Bahamas was the last CARICOM country to recognise Palestine as a state, and this is an embarrassment. White has now added to the embarrassment by his weak attempt to challenge it, and using “traditional allies” to do it. He said, “Our traditional allies, Madam Speaker, are countries that we haven’t aligned our position with, and I find that on such an important international issue, now it’s a national issue.”

The genocide of the Palestinian people has been an issue at the international, regional, and national levels for years, and without recognition of the same. As stated in the Caribbean Feminist Statement Against Israel’s Settle Colonial Project and Ongoing Genocide in Palestine, “We, Caribbean people, who have arisen from histories of genocide, enslavement, indentureship, and colonialism, remain firm and unwavering against all attempts at settler colonialism, apartheid, arbitrary arrests and detention, displacement and forced exile, confiscation of land and territories, sexual violence, and other human rights violations carried out by any State against any ethnic, racial, or geographic population. These images of violence are all too familiar.”

Over the past 228 days, we have seen the displacement of over 900,000 people from Gaza. We have seen the destruction of schools, mosques, and hospitals. We have watched as journalists report on the conditions with the eery sound of weapons flying overhead. We have read about the hunger, seen the images of injuries and death, and heard the cracks in the voices of thousands of people who continue to speak against the violence they are experiencing without end and call on us, the rest of the world, whoever our allies may be, to help them.

When we, human rights advocates, call on the government to fulfill its obligation to protect, promote, and ensure access to human rights, there is talk of “sovereignty.” When we reference the United Nations human rights mechanisms that The Bahamas has voluntarily adopted and ratified, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), “sovereignty” comes up. When the United States Embassy flies the PRIDE flag at its locations, “sovereignty” is thrown around. For some reason, though, when it comes to The Bahamas taking a principled position — the right position — on the statehood of Palestine, it is time for The Bahamas to worry about its allies and their wishes. Why might that be? There are far too many people in positions of leadership who are ill-equipped, unprepared, and generally opposed to human rights, regardless of sovereignty or allyship. It seems, in fact, that they are playing a game that has nothing to do with the wellbeing of the people they claim to serve.

White said, “[…] the people of this nation, Madam Speaker, should be informed I think on a more regular basis on why some of these international decisions are being made, why we are agreeing one way or the other.”

He said this about the decision by The Bahamas to recognize Palestine as a state. He did not say this about countless other decisions made by the Government of The Bahamas with no announcement at all. There are no questions about the financial bills that are pushed through quickly and without consultation. There are no questions about the way The Bahamas votes at the United Nations on a regular basis. There are no questions about participation in InterAmerican processes or the decisions made therein. The continued failure of government officials to disclose assets is not a conversation this week. Why might that be?

Several human rights advocates have been calling on the government to communicate with the general public about its commitments and activities in international spaces. In fact, we have used international spaces and processes to demand that the government inform the Bahamian people of its commitments and to make human rights mechanisms accessible to the public. When we talk about the Universal Declaration of Human Rights, it should not be a cloudy concept for the general public, but a clear set of rights that we all can easily apply to their own lives, even if we cannot perfectly recite them. When we reference CEDAW, it should not evoke fear. When we remind the country that migrants are human beings with human rights, it should not be surprising or confusing. Perhaps successive administrations have enjoyed the low access to information for the general public which enables them to distract, to lie, and to create enemies of human beings rather than the inequitable systems we live within. Migrant people have always been scapegoats of choice, haven’t they?

It is no surprise that Minnis is not only running for leadership of the Free National Movement again, but that he is so easily and confidently referencing his spectacular failure from 2017 to 2021 — which even he was in a rush to escape with a nonsensically early general election — saying “Let’s do it again,” is a sure sign of delusion or confidence that, in a race to the bottom, he is a good bet.

Rather than focusing on the state of the country, largely due to his egotistical, sloppy, tyrannical “leadership” and the current administration that is taking full advantage of the terrible precedent set in many areas, including undisguised abhorrence for the press, he has taken aim at some of the most vulnerable people in the country. Instead of acknowledging the harm already done by terrible decisions and devastating inaction, he is going the lazy route of scapegoating Haitian migrants. He said that he would “aggressively deport all undocumented people” and claimed he would regularize those who have been in The Bahamas for a long time. These two promises are not aligned. The first is, in fact, quite troubling when we should know what is happening right now in Haiti. (It is important that we do not pretend that he was talking about all migrants. He meant, as they always mean, Haitian migrants).

Pintard, on the other hand, said the Free National Movement should not “make every immigrant a tyrant”. He pointed to willingness to collaborate and a duty to solve problems. It is cause for concern that these conversations do not seem to be taking place within the party and, importantly, across the obvious factions. Is there no clear direction for the party? No shared values? No clarity on what leadership means and looks like in practice?

We have not seen strong leadership from Pintard who has been in the ideal position to demonstrate his ability over the past few years. The current Opposition has fallen into the same practices as every Opposition before it, opposing for the sake of it, criticizing at every turn, and offering no solutions. It is old, it is tired, it is ineffective, and it serves no one. This is unfortunate, not only for a party that is vying for leadership in the next general election, but for the people of The Bahamas who need a true, properly functioning Opposition.

Anyone who is serious about leading a political party, not to mention leading a country, must demonstrate their values. These are not centering hatred of people or particular groups of people. Values are indicative of positions on pressing issues. People who are serious about leadership are clear in their positions. If they cannot decide for themselves, they certainly cannot be trusted to listen to and make decisions in the best interest of others. When will the Progressive Liberal Party and the Free National Movement figure out who they are and where they stand on critical issues? How will they communicate their identities to us? What will it take for them to be truly people-centred? Who, within these parties, are leaders with the competence to listen, learn, collaborate, communicate, and act with the most vulnerable in mind? If it takes anywhere near two more years to see manifestos and charters, we need to be clear that there are no leaders in these parties, and there are no parties prepared to lead.

Published in The Tribune on May 22, 2024.

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Blueprint for Change says so

It should not be surprising at this point. Another week, another idiotic statement in response to the call for the criminalization of marital rape. This week, when asked about movement on the marital rape bill, the prime minister made a number of disturbing comments. 

First, he said, “Drafts are given for consideration. So we have a draft that has been given for our consideration. We have not gotten around to it yet.”

The bill to amend the Sexual Offenses Act to criminalize marital rape has been in draft form since, if not before, 2022. We have had the bill for at least two years. This comes after four years of sitting on an inadequate bill drafted by the previous administration. This is not a new issue, and there are no new items for consideration. There is nothing complicated to think about or discuss. Just last week, he stated that rape is rape, and that he has difficulty with categories and descriptions of rape. The marital rape bill removes a category and ensures that rape that is perpetrated by a spouse is legally treated as rape, as it should.

Next, he said, “As you would recall, I am guided by my ‘Blueprint for Change’. That sets out the basis for which I asked people to vote for me and marital rape was not contained in that. I’m not insensitive to it. I appreciate it and I know.” The Blueprint for Change mentions women only twice. On page 49, it states, “The PLP is committed to the United Nation’s Sustainable Development Goals that ensures quality education, life long learning opportunities, gender equality and empowerment for women and girls; quality water, sanitation, and access to affordable, reliable, sustainable and modern energy.”

The Sustainable Development Goals were adopted by the United Nations General Assembly in September 2015 with full support from all Member States, including The Bahamas. All of the 17 goals have targets, and those targets have indicators that facilitate monitoring and evaluation of progress toward the goals. 

Sustainable Development Goal 5, referenced in the Blueprint for Change, is to achieve gender equality and empower all women and girls. The first target is “End all forms of discrimination against all women and girls everywhere.” The indicator for this target is “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non‑discrimination on the basis of sex.” The second target is “Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation. The indicators of this target are “Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age” and “Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months, by age and place of occurrence.”

Gender equality requires an end to gender-based discrimination in law, policy, and practice. This, combined with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the recommendations made by the Committee, led to the government engaging UN Women to undertake a review of all laws to identify those that discriminate against women and girls. This is what led to the discriminatory law review forum where the draft was, in a less than ideal way, discussed. The final report has not yet been delivered and approved, but we know the laws that were identified. The Sexual Offenses Act was one of them and Section 3, which defines rape, was specifically identified as one that needs to be amended. Eliminating discrimination against women, which is required to achieve gender equality, necessitates the criminalization of marital rape. The Blueprint for Change, then, includes a commitment to criminalizing marital rape.

On page 52, the Blueprint for Change states, “The Progressive Liberal Party is committed to eliminating all forms of discrimination against men and women in The Bahamas.” 

The Bahamas ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1993. In 2018, it underwent its sixth periodic review. Marital rape was raised, again, raised as a pressing issue. In its Concluding Observations, the CEDAW Committee recommended that the Government of The Bahamas “Adopt, without delay, the amendments to the Sexual Offences Act expressly criminalizing marital rape, remove any temporal limitations to the right to file a complaint for marital rape in the draft amendment to the Sexual Offences Act and establish a sex offender register and registry.”

In her report following her visit to The Bahamas, the (then) Special Rapporteur on Violence Against Women called on the Government of The Bahamas to “Revise or adopt new criminal law provisions to prohibit marital rape, including by ensuring that the definition of sexual crimes, including marital and acquaintance/date rape is based on the lack of freely given consent, and takes account of coercive circumstances, in line with general recommendation No. 35 of the Committee on the Elimination of Discrimination against Women.”

These recommendations are connected to the aforementioned parts of the Blueprint for Change. Criminalizing marital rape is required to follow through on the commitment to the Sustainable Development Goals which include gender equality and to eliminate discrimination against men and women. We must not accept what the Prime Minister has said. This is the work that is required of his administration, and this is the work that is committed to carrying out in its own campaign document.

Finally, the prime minister said, “My thing is that any time a couple … in blissful marriage reaches a stage where they are going to report their husband for rape, it seems to me that that marriage is irretrievably broken, meaning they are no longer married even though it may not have been so pronounced by a court.”

The marriage is broken? Violence is destructive. Sexual violence destructive. Rape is destructive. The conversation about marital rape, contrary to popular belief, is not about marriage. It is about people. Specifically, it is about a person who is violated in a devastating, irreparable way by a perpetrator who is not only known to them, but in a legal arrangement that is supposedly rooted in love, but often turns out to be obsession and/or possession. At present, the law suggests that legal arrangement erases the humanity of the person who has been violated, and that they should endure that violence and have no legal recourse.

Here comes the prime minister. He says the rape means the marriage is broken, such that they are no longer married, regardless of what the law or courts say. This shifted the line of questioning to divorce. It must be made clear that divorce is not a remedy for rape. Whether the marriage is broken or a person in the marriage fails to see the other person as a human being with human rights, including the right to give and withhold consent, divorce should be readily available. It should be more than possible. It should be easy because those people should not be together and should not be forced, by the law, to operate, in any way, as a married people. The violent act of rape, however, requires different action. Any person who is raped must be able to report the rape and have access to justice. Divorce and rape charges are not the same, they are not interchangeable, and one does not replace the other. We need access to both. Everyone should be able to report acts of violence against them, have their reports taken, and see the justice system work for them. 

In December 2017, the prime minister said, “I think we all accept…I know no right thinking Bahamian will accept that a person should be violated or in any form or fashion be abused.”

In February 2022, he said, “I’ve given the attorney general the mandate to follow the recommendations that will flow from that conference[…] and we’ll see what the recommendations are from there, and we’ll move to enact what laws [are] recommended by them to the attorney general that is deemed appropriate by the Cabinet.”

In October 2022, he said, “Any assault on a woman, be it whether you call it rape, grievous harm or otherwise, the law should take its course. Report those incidents to the police.”

Help women who raped by their husbands to report those incident to the police. Make rape a crime, regardless of the relationship between the perpetrator and the victim or survivor. Commitments have already been made. The bill has already been drafted. Stand in the shoes you so desperately wanted to wear.  Do what you claimed, in your Blueprint for Change, you would do. Move toward the achievement of Sustainable Development Goal 5 for gender equality and eliminate discrimination against women. Criminalize marital rape.

Recommendations

Yesterday was World Book Day, and Equality Bahamas shared a list of recommended books. One set of books were selected from the Feminist Book Club reads, and one set were written by Palestinian authors. Here are four books to consider buying or borrowing to read this month. 

How to Say Babylon by Safiya Sinclair

National Book Critics Circle Award Winner, a New York Times Notable Book, and winner of the 2024 OCM Bocas Prize for Fiction winner, this book is hard to put down. From the first page, Sinclair captures readers with the vivid depiction of her childhood and family life and her determination to get out and create a different life for herself. 

Evil Eye by Etaf Rum

Yara got married to break free from her conservative family. She went to university, got a job, and wants to teach full time. Her ability to participate in the work culture, which seems inextricably linked with upward mobility, is constrained by her domestic and care responsibilities. It does not help that colleagues obviously buy into stereotypes about Palestinian people, and this flattens her view of her own life into obligation and regret. She wants to prove that she isn’t the stereotypical Palestinian woman, and she wants to challenge, carefully, the norms that have been created in her own family so that she does not become her mother. 

What My Bones Know by Stephanie Foo

This is one of those books that, once you have read it, you are bound to think everyone should read. It is memoir infused with research, bringing scientific context to the deeply personal story Foo shared. Foo survived a childhood rife with abuse and abandonment. Though it took a long time, she got the diagnosis of complex post traumatic stress disorder (C-PTSD) and soon realized that she could not just “rally” and move on. She put in significant work to understand the diagnosis and access the care she needed. The story is difficult in parts, yet full of hope. 

You Exist Too Much by Zaina Arafat

A queer Palestinian-American girl is trying to be and love herself. This book takes us back and forth between the U.S. to the Middle East, showing different parts of her life. She struggles to live in a space between cultures and beliefs, trying to keep her identity and sense of self stable and strong. What happens when a mother tells her girl child, “You exist too much?” She has to reject it. She has to accept herself.

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Yes, rape is rape

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 Committee’s 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.
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Sexual Assault Awareness Month 2024

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. 
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Ending Sexual Violence Begins with Education

Comprehensive sexuality education in all schools is an absolute necessity. It is a preventative measure that can and does protect children from sexual violence in various forms including incest and rape by people known to them. The absence of comprehensive sexuality education and the ongoing refusal to implement it in all schools is not only a disservice to children and the people who have gone through the system, but an act of violence. It is withholding information that is critical for people to assess risk, make good decisions, identify acts of violence, and report threats, intimidation, and acts of violence toward them by (would-be) perpetrators.

The children of this country need access to information. We need to acknowledge and respond to the fact that they will not be children forever, and they cannot be expected to responsibly participate in a world they do not understand. Providing them with information gives them the ability to make informed decisions. It does not promote or encourage recklessness.

Comprehensive sexuality education does not teach children how to have sex. It increases their ability to prioritise their health and wellbeing, not only when they decide to engage in sexual activity, but as they navigate relationships.

Below are ten facts that are important for us to know about comprehensive sexuality education.

  1. It is scientifically accurate. It includes biology and uses the proper names for body parts including penis, vagina, vulva, and anus. Knowing these words and being able to identify these body parts is critical for children as it enables them to clearly communicate about what is happening to their bodies and report acts of sexual violence against them.

  2. Contraception, pregnancy, and sexually transmitted infections (STIs) are covered. Students are introduced to condoms (both external, known as male condoms, and internal, known as female condoms), oral contraceptives (commonly known as birth control pills), implants, injections, patches, and intrauterine devices. They are taught about pregnancy and how it happens, how it can be prevented, and which contraceptive methods also protect against STIs. It is important for young people to know the proper names and common names of STIs, the symptoms, how they are transmitted, and the available treatments. At least as important as this information is national statistics on the prevalence of STIs.

  3. Comprehensive sexuality education is for all ages and curriculum is designed to be age-appropriate. Those in the first grade do not receive the same information as those in the tenth grade. Younger students are taught that their bodies belong to them, that there are good touches and bad touches, and that they can trust their own instincts and feelings about which touches are good and which touches are bad. They are taught about consent in simple, relatable ways and given permission to say no when anything is uncomfortable, and encouraged to talk to their parents or another authority figure if someone makes them feel uncomfortable. High school students are taught more about biology, relationships, and making the distinction between sex and rape.

  4. Comprehensive sexuality education has a human rights approach. It focuses on the humanity of people and does not aim to shame them for the changes in their bodies and their curiosity about sex. It affirms young people’s identities and how those identities affect the way they experience the world. They learn about discrimination and violence, and they are taught the value of empathy and being able to resolve conflict in nonviolent ways.

  5. Self-determination is a critical part of the curriculum. By providing this information, young people are empowered to make their own decisions. They are given life skills that they will need and use forever. These include condom negotiation, which can be difficult for people of all ages, and firmly, confidently saying no, even under pressure to say yes.

  6. Power dynamics are included in comprehensive sexuality education. Young people, especially children, need to know that people in positions of authority and older people do not get to automatically do whatever they want to their bodies. They learn that they own their bodies. They also learn that people sometimes misuse and abuse power. Adults may use age or positions such as teacher, religious leader, or relative to convince young people to do something, to not talk about something that happened, that something terrible was okay, or that no one would believe them. They need to be aware of this and to know that it is manipulation and it is wrong.

  7. Discussions about healthy relationships are an important part of comprehensive sexuality education. Young people often start thinking about, observing, and entering relationships before the adults in their lives know or talk to them about it. Navigating relationships is difficult, and they need to be equipped with tools that help them to be clear about what they want, clearly communicate what they do and do not want, set boundaries, see red flags, prioritise their own wellbeing, and get help from an adult when needed. They need to know that relationships should be mutually beneficial, should not involve pressure to do anything, and should not involve any form of violence.

  8. Sexual and reproductive health and rights are deeply connected to comprehensive sexuality education. Having this information is a right for everyone. Young people need to know the age of consent. They need to know what consent means and what does and does not constitute consent. They need to know when and how they can access healthcare on their own and what that healthcare should include.

  9. Gender, discrimination, and violence have to be included in comprehensive sexuality education. Gender is a factor in various parts of the curriculum including power dynamics and the legal age of consent. Discrimination is also relevant in those components. Violence is, unfortunately, always relevant and the risk of violence can change with age, gender, socio-economic status, and various other identity markers.

  10. A sex-positive approach is critical to the success of comprehensive sexuality education. Sex should not be presented as bad or negative, and people who have sex should not be characterised that way either. It needs to be acknowledged that sex involves pleasure. It is not exclusively for procreation, nor is it for the enjoyment of one person. It should be mutually enjoyable. This is important as it makes clear that sex should be a good experience for the people involved and not a sacrifice that is made for or to someone else. This is helpful for people as they make a distinction between sex, which is consensual and enjoyable, and sexual violence which is nonconsensual and in many cases, though not all, does not feel good. This is not the same as encouraging sexual activity. It is providing important information that they can use to assess situations, both in the future and in the past.

It is our responsibility to ensure that children are protected from predators, young people have the information and confidence to make good decisions and access to the services and resources they need, and perpetrators of violence can be identified, reported, and appropriately charged. We cannot do this by pretending young people will be immune to their own sexuality and abstain from sex unless we acknowledge the existence of sex and sexuality. It is unrealistic to expect them to accept the directive to abstain without any further information or the explanation of other options and the related risks and benefits.

Reports on sexual violence are in the news every day. There are cases of incest, statutory rape (reported in very incorrect, misleading terms as “unlawful sex with a minor”, conflating rape with sex), and rape that get very little attention unless we hear specific details. Sometimes the age of the survivor or the circumstance of the assault cause alarm and upset, but every case does not get the same response. People have become and are becoming desensitised. People are finding ways to excuse sexual violence. Rape culture continues to dominate, leading adults to blame children for being preyed upon by adults. Adults demonstrate their complete ignorance about consent every day. Young people are not the only ones who need comprehensive sexuality education, and that is obvious, but they certainly need it immediately.

Many parents are unwilling to talk to their children about sex. Many are unequipped. Many do not want anyone else to do it. What ends up happening is young people learning from other young people, and young people using the internet and turning to popular culture for answers to their questions. Depending on the sources they find, they could get accurate information, or they could be misled. We have the opportunity to ensure that they have accurate information and access to resources and services. This should not be squandered in the name of fear. Adults have to get past their discomfort, and they need to prioritise their children. The government needs to take responsibility for the education and health of the people in this country.

Comprehensive sexuality education needs to be in all schools and at all grade levels. We cannot afford the consequences of not making this decision. We need to end rape. We need to end incest. We need to end all forms of sexual violence against everyone. This begins with education, and this is the only way to truly empower the people who are at the highest risk.

Published in The Tribune on July 26, 2023

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Unlawful Sex is Rape; Time to Name It and Do What’s Needed to Stop It

It is nowhere near surprising to read news stories about increased reports of sexual violence. It has become a near-daily challenge to get through articles about court cases involving men who have raped or otherwise sexually assaulted children where their crimes are referred to as sex or, in some other way, named as though they are not criminal, abuses of power, and void of consent.

The language used by police and courts is used in newspapers, all but erasing the word “rape” from public conversation. This is, in part, how we have come to talk about children as though they are adults, and survivors as though they are perpetrators. This is rape culture. This is adultification of children (and black girls in particular), the hatred of women, the refusal to acknowledge human rights, and the determination of far too many people to ignore the crisis that is gender-based violence.

Violence of many kind has been normalised in The Bahamas. It has been a part of our everyday vernacular for a long time with words like “hit” being used to describe various acts that are not necessarily violent, and threats of violence are made loosely, in jest, and without reproach.

“Rape” is used to describe various activities that people consider unfair, but which, otherwise, do not compare to the vile, criminal act of sexual violence. Somehow, though, when it comes to rape, the language changes. There is less willingness to use the appropriate word — rape. Instead, terms like “unlawful sex” are used to refer to the criminal act of a man raping a child. There is no excuse for this. Police reports do it, then the news media does it. The courts do it, then the news media does it again. One says they are using the language of the other, for consistency, yet the law says that the offence is rape.

Rape is caused by rapists. Rape culture makes it easy for rapists to rape people. Rapists seek to dominate, so people in situations of vulnerability, largely due to their identities, are often targeted. These include women, children, and people with disabilities. Rape, as we have seen in the reported cases over the past few weeks, does not need many conditions in order to occur. Rape happens during the day, and it happens at night. It is perpetrated by rapists indoors and outdoors. Rape is perpetrated against strangers, family members, friends of family members, friends, co-workers, people under the care of the rapist, and people with many other relationships to the rapist. There is no single act or set of actions that anyone can take to prevent themselves from becoming the target of a rapist. Rapists rape.

It is not that nothing can be done to prevent rape, but that preventative action is not for potential targets to undertake. It is not up to individuals to protect themselves from rapists. It is for governments to enact and enforce laws, make clear the obligations of institutions, including schools and workplaces, connect institutions and stakeholders and facilitate ongoing communication and implementation of action plans, develop appropriate, effective interventions, provide support services for survivors, centre survivors and their healing in justice systems and practices, and provide programmes for perpetrators that rehabilitate and prevent recidivism.

Asked about the increase in reports of sexual violence, the police press liaison officer said there are “crimes of opportunity because we are not taking the time out to put necessary precautions in place”. Let us assume, for the purpose of usefulness and productivity, that the officer was referring to prevention that must be led by public institutions. What precautionary systems and measures should be in place?

Let’s start with the root of this issue. There is a dangerous gender ideology that stems from slavery, colonialism, capitalism, and patriarchy that has convinced people that women are subhuman, are to be dominated by men, and are objects. It has also convinced people that men are to perform masculinity in the most toxic ways which include violence, hostility, a very limited range of emotions, and both the willingness and ability to dominate anyone who is not a man performing in the same way, especially women and men who are not (perceived to be heterosexual.

The vast majority of sexual violence is perpetrated by men. This is not disconnected from toxic masculinity or the constraints of the gender ideology that put women and men in boxes while marginalizing all other people. One of the ways that some men seek to assert their masculinity — and distance from femininity which has been so devalued by heteronormative gender ideology that it is regarded as perverse — is perpetrating violence. When manhood is questioned, when masculinity is undermined, when authority is not theirs alone, see how many men thump their chests and proclaim, “I’s man!”

Listen to the threats they spew. Watch the way they engage women as opposed to men. Listen to the way women talk about their experiences with them. Differentiate between the platonic love and respect they have for each other and the vitriol and disdain they have for women they may even claim to love.

Where a relationship exists, perpetrators of violence convince themselves that it is ownership. Where a relationship does not exist, and a perpetrator wants there to be a relationship, he decides to punish. Where a relationship does not exist and the perpetrator has no interest, and ownership — by another man — is not established or immediately evident, the perpetrator assumes control.

Rape is about power and control. Relationships only determine how a perpetrator violates a person, unless he respects a man who has already claimed ownership. All of this is misogynistic. All of it is dehumanising. It is all linked to the idea that women are subhuman and subject to the whims of men. This dangerous idea is perpetuated in explicit and implicit ways, from fathers giving their daughters away at weddings to the normalization of sexual harassment in public spaces. None of this has anything to do with what women do or do not do, or efforts made or not made to protect ourselves from rapists. It is directly related to societal ideas and behaviours related that subjugate, devalue, and dehumanize women and girls.

The press liaison officer, unfortunately, went on to do what we have come to expect from the police. Victim blaming. “Females need to make sure that they are upfront and they are honest with their family members in letting them know where they are going, who they are going with, and not saying you going one place and you end up another and something goes wrong.”

While we may agree, in theory, that it can be helpful for us to let people know our plans, we need to be realistic about the benefits of the practice. If something goes wrong and people know where we are, then what? Something has already gone wrong. Sure, we may be found and receive assistance sooner, but the violation has already occurred. No sharing of plans would prevent a rapist from raping in a location that we disclose. The problem is the rapist. We can, of course, delve into the reasons people lie and withhold information, especially when there are differences in values and fear of judgment. For now, we need to be realistic about where prevention takes place.

Prevention is in schools. It is in the way we teach children about their bodies, about consent, and about paying attention to and responding to their instincts. It is in comprehensive sexuality education, and discussions on healthy relationships, warning signs of abuse and abusive partners, sex positivity, and bodily autonomy. It is in households. It is in the way we tell people to moderate their behaviour, the respect we show and demand be shown to our children, the communication channels and practices, and the modeling of safe, healthy relationships of various kinds.

Prevention is in street lighting. It is in safe, reliable, accessible public transportation, and having it as an option at night. It is in the clearing of bushes, pedestrian crossings and enforcement of traffic laws. It is in legal reform to criminalise rape, contributing to the widespread understanding that rape is rape, no relationship is a defence for rape, and women are human beings with human rights regardless of marital status. It is in legal systems and practices, from bail to assessing the actual effects of a sexual offenders registry to reporting mechanisms.

Prevention is in the way government officials regard women and girls, and the urgency with which they respond to issues, especially gender-based violence, that directly affect us and often lead to femicide.

The Minister of Social Services said: “The rush of the past in dealing with sensitive issues have failed and caused Bahamians to be sceptical and cynical about what they perceive is haste without complete dialogue with the people.”

This is a matter of urgency. Years and years of back and forth on a bill, turning it into a senseless debate when it is an issue of human rights, is not rushing. This issue is not sensitive to anyone but the people experiencing violence every day, and having little or no recourse. It is not sensitive to government actors, content to let bills like the marital rape bill and the gender-based violence bill languish, and who allow extended discourse about whether or not it matters that a woman is raped if the rapist is her husband. There is no sensitivity there, and there is certainly no sense.

The minister also said: “The position of the Church is fundamental and has been in each step taken in the growth and development of our country.”

The Church is fundamentalist. The religious leaders who are talking about this issue, delaying the bill with their misogynistic, violent nonsense are fundamentalist. They fundamentally believe that women are less than men. That women do not deserve rights. That men should get away with rape if they are married to the victim or survivor. That their god is pleased with violence. That their opinions are more important than the fact that rape is violence, women have human rights, and that those rights include freedom from violence.

This is what is delaying the passing of the marital rape bill. This is what is delaying the gender-based violence bill (rather than the significant work that needs to be done to make it useful, including actual engagement with human rights experts and NGOs with proven technical expertise on women’s human rights rather than the government’s — or the Attorney General’s Office’s — selection of yes-organisations).

“We have made progress, and we will soon complete our due diligence,” the Minister of Social Services said.

What progress? What due diligence? What is the meaning of “soon”?

It is interesting to see the specific ways that government institutions suggest we, women and girls, protect ourselves, juxtaposed with the vague, unsubstantiated nonsense they offer when pressed to do more than perpetuate rape culture by blaming us for the violence we experience.

If the government did its job, we would be able to go to ours without being raped on the way, or on the way back, or while there, or during a call to tell someone where we’re going, or when catching a ride, or or or or or.

At some point, the government, especially legislators and law enforcement, must accept that the blame is on rapists, and that they facilitate rapists far better than they protect us, the women and girls who live with the perpetual fear of rape, and/or the memory of it.

Published in The Tribune on April 5, 2023

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