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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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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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No more empty words, government – we need action on equality

In two days, it will be Women’s History Month, also known as International Women’s Month due to International Women’s Day being on the eighth. It is a time to not only acknowledge the work and achievements of women in the past, but to face the issues of the present in a way that can contribute to an equitable future.

We are still living in an inequitable, violent world that privileges men, boys, and the masculine and discriminates against women, girls, and the feminine. Misogyny and gender inequality are entrenched in the constitution, permeate our laws, and influence behaviour that is often conflated with culture and deemed unchangeable. Many people continue to ignore the existence of gender inequality and to insist that gender equality does not exist, while looking at and being a part of the evidence that it does, indeed, exist and is affecting all of us every day.

This week, I am participating in the World Conference on Stateless where people from all over the world are talking about stateless, the laws and conditions that lead to it, and the affect that it has on stateless people and broader society. In some of the sessions, the focus is on gender inequality in nationality rights, making it difficult or impossible for women to confer citizenship on their children and spouses.

Several people have made it a point to tell me that they did not know The Bahamas had this issue. They did not know that things were so bad in The Bahamas. I know that there are many Bahamians who would take great exception to this, feeling the need to defend The Bahamas and insist that it is not a bad place, or that its problems are not so terrible. This is easy to do when people do not face these problems themselves, and even moreso when they could not care less about the trials and tribulations of others —particularly those they already consider to be “other.” This, in fact, is evidence of the terrible state affairs. People do not even have the capacity to care about what is happening around them, to people around them, many of whom they depend on for various forms of labour.

Women’s History Month begins in two days, and I take this opportunity to share that my colleagues at Equality Bahamas and I have been requesting a meeting with the Minister of Social Services for months. In fact, we had been requesting a meeting with his predecessor for months as well.

It is unclear whether we have ministers who are incapable of meeting with feminist civil society organisations or ministries and departments that are staffed with people who are unwilling to do their jobs or see it as their duty to be the bottlenecks that frustrate so many into non-participation. Perhaps it is a combination of the two.

This is not only unfortunate, but to the detriment of the country which is struggling to present itself as doing all right, and a government desperate to hide its failures and sugarcoat its complete disinterest in meeting international human rights standards. Civil society organisations such as Equality Bahamas are advocating for women to have full access to our human rights by participating in and invoking international mechanisms, demanding legal reform, providing public education material, and engaging with community members. This often means its representatives provide written and oral accounts of what is taking place in The Bahamas, how the government is responding to issues, and how government officials engage with advocates and affected people. These reports, generally speaking, are not good. The failure of successive government administrations is colossal, embarrassing, and wholly unnecessary.

In 1993, the Government of The Bahamas ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and reserved on Articles 2(a) and 9(2) which obligate States to “embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein[…]” and to “grant women equal citizenship rights with men with respect to the nationality of their children”. The CEDAW Committee has, on more than one occasion, recommended that the Government of The Bahamas withdraw its reservations, stating that these Articles are integral to the intended effect of the Convention itself. In particular, to reserve on Article 2 is antithetical to CEDAW and the ratification of it. How can a government commit to eliminating discrimination against women, yet refuse to make the necessary changes in the law?

Does a government committed to gender equality have ministers with responsibility for the gender department who refuse to meet with women’s rights advocates? Does it employ people who refuse to coordinate meetings at the request of civil society organisations? Civil society in some countries, with much smaller civic space, often complain of being unable to engage with government except for when they meet in international spaces, particularly where reporting is done. This should not be the case in The Bahamas, especially when the government has told the Human Rights Council that it is unaware of hostility toward human rights defenders.

We have to demand more of the government. We barely get promises, much less action that moves us toward gender equality. Even ending gender-based violence is not a priority for this administration which has failed to pass the Gender-Based Violence bill and is pretending as though the marital rape bill has vanished into thin air.

It is not enough to make speeches in other parts of the world about its “commitment” to human rights, and it is unacceptable for it to overstate its plans and actions. Equality Bahamas invites members of the public — women and girls in particular — to join us in taking our feminist demands to the streets. Our International Women’s Day March and Expo is on Saturday, March 9. Meet us at the Eastern Parade at 8:45am for the march to The Dundas Centre for the Performing Arts on Mackey Street, then spend the day with us at the Expo with several none-governmental organisations and practitioners who will facilitate great sessions from Zumba and yoga to letterpress printing and an introduction to bush medicine. Learn more about the event at tiny.cc/iwd242nassau.

Published in The Tribune on February 28, 2024.

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It is Up to Citizens to Hold the Government Responsible on Human Rights Issues

Human rights are being discussed with more frequency in The Bahamas in recent years, due in no small part to the human rights violations taking place and the responses of non-governmental organisations and the general public. From reports of sexual violence and children becoming victims of gun violence to “police-involved incidents” and the destabilising effects of crisis after crisis, connections are being made between the atrocities we experience and the right to freedom and dignity without distinction on the basis of identity.

The Universal Declaration of Human Rights was published in 1948, has been translated into over 500 languages, and is the foundation of dozens of human rights treaties. In Article 2, it is clearly stated that everyone is entitled to the rights and freedoms set out in the Declaration. These include life, liberty, and security of person, recognition as a person before the law, equal protection of the law, freedom of movement, nationality, to work, and to education.

Human rights treaties build and expand on the human rights articulated in the Universal Declaration of Human Rights, making them specific to particular groups of people who are frequently excluded and/or marginalised and who have/had experiences that make their ability access to human rights more difficult. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) — perhaps the most widely referenced human rights treaty referenced in The Bahamas — is an example of this as it built and continues to build on the Universal Declaration of Human Rights to specifically articulate the rights of women and the obligation of States to promote, uphold, and expand them.

Take, for example, Article 16 of the Universal Declaration of Human Rights which is on marriage. It has three parts. The first part says, “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.” The second part says it is only entered into with full consent of both parties. The third part says “the family is the natural and fundamental group unit of society[…]” Article 16 of CEDAW is on marriage, and it has two parts with the first part having eight subsections. The Article focuses on eliminating discrimination against women in marriage and family relations. As such, one of the subsections affirms that women and men have “the same rights and responsibilities as parents[…]. Another states that women and men have “the same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation”. While these rights could be assumed upon reading and understanding of the Universal Declaration of Human Rights, the human rights treaty specific to (eliminating discrimination against) women states them clearly. Other human rights treaties serve a similar function, putting human rights into the context of particular people and situations.

The Bahamas has ratified nine United Nations human rights treaties. These include the Convention of the Rights of the Child, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of Persons with Disabilities. The most recent is the Convention against Torture and Other Cruel Inhuman or Degrading Treatment of Punishment, ratified in May 2018, closely following the third cycle of the Universal Periodic Review during which several UN member states — including Italy, France, Sierra Leone, and Indonesia —recommended The Bahamas ratify it.

Ratification of human rights treaties is agreement with the content, acknowledgement of the State obligation to take specific actions to promote, protect, and provide access to human rights, and a commitment to take those actions. This is not limited to United Nations mechanisms, but includes regional agreements and those by other multilateral organizations such as the International Labour Organization (ILO). For example, The Bahamas ratified Convention 190 (C190) on the Elimination of Violence and Harassment in the World of Work on November 25, 2022, International Day for the Elimination of Violence Against Women — the first day of the Global 16 Days Campaign, also known as 16 Days of Activism Against Gender-Based Violence.

Many human rights treaties have committees of independent experts which are responsible for reviewing State reports and submissions from other stakeholders, posing questions, and facilitating constructive dialogues with States about their progress toward full compliance with the related treaties. One process that works differently is the Universal Periodic Review (UPR). It does not have a committee of experts. Instead, it is a peer review in which United Nations Member States review one another. Another unique element is that the UPR is attentive to other human rights treaties and State ratification of and compliance with them.

On Wednesday, May 3, The Bahamas was under review at the 43rd Session of the Universal Periodic Review (UPR) at the United Nations in Geneva. This was part of the fourth cycle of reviews. The Bahamas submitted a written report and the Attorney General made a statement before the United Nations Member States. This was followed by 90-second contributions by Member States which includes commendations on the progress made up to that point and recommendations for The Bahamas to act on before its review in the fifth cycle, approximately five years later.

The Bahamas failed to take action on most of the recommendations made at its third cycle review. The Bahamas has not ratified the International Convention on the Protection of the Rights of all migrant workers and members of their families. The Bahamas has not ratified the Optional Protocol to the same Convention. It has failed to establish the Office of the Ombudsman in accordance with the Paris Principles, and it has failed to establish a national human rights institution (NHRI) in accordance with the Paris Principles. Several Member States called for the criminalisation of marital rape, implementation of the Strategic Plan to Address Gender-Based Violence, comprehensive anti-discrimination legislation to protect the human rights of all, including LGBTQI+ people, amendments to the Bahamas Nationality Act for gender-equal nationality rights, and abolition of the death penalty.

Several countries expressed concern regarding human trafficking and recommended that The Bahamas provide training to law enforcement and judges to improve identification of trafficking victims, provide support to trafficking victims, provide financing for prevention of trafficking, and improve its coordination with non-governmental organisations and government departments to prevent trafficking. Recommendations related to trafficking were repeated in the fourth cycle review.

The Bahamas did, as previously mentioned, act on the recommendation to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), a recommendation repeated from the second cycle review.

In his address, the Attorney General, of course, highlighted even the smallest steps taken toward recommendations. He noted that the death penalty had not been carried out for many years and that there is no plan for a formal moratorium on the death penalty. He claimed there is a systemic approach to protecting the rights of children, that corporal punishment is not recommended in schools and that the last school administrators who used it was put on administrative leave, and that the Department of Social Services has a parent training program that includes information on different forms of discipline. Rather than admitting that The Bahamas has failed to establish a National Human Rights Institution, he talked about the Ombudsman Bill—tabled one week before the review, obviously for this purpose—and the laughable Parliamentary Committee on Human Rights, also introduced the week before, which is far from a National Human Rights Institution and does not come close to meeting the Paris Principles.

At the 43rd Session of the Universal Periodic Review last week, United Nations Member States repeated many of the same recommendations from 2018. There were also new recommendations, and recommendations that were repeated with more specificity. The recommendations included amendments to nationality law for women to pass on citizenship to their children and spouses, implementation of the Strategic Plan to Address Gender-Based Violence, criminalisation of marital rape, amendment of the definition of “discrimination” in Article 16 of the constitution, establishment of a National Human Rights Institution, ratification of various human rights treaties including the Convention on the Rights of All Migrant Workers and Members of Their Families, discriminatory law review and reform with support from UN Women (which is in progress and we await the final report from UN Women Caribbean Multi-Country Office which is significantly delayed), improvement of prison and detention center conditions, inclusion of climate justice in civics curriculum, and elimination of discriminatory stereotypes against women and girls.

The report on the Universal Periodic Review of The Bahamas in the fourth cycle will be made available on the Office of the United Nations High Commissioner for Human Rights website this month. It will not only have the recommendations made to The Bahamas, organized by thematic area, but will have the response of the government. States can support (interpreted as accept) or note (interpreted as reject) recommendations. It is important to know the international human rights standards, how The Bahamas does or does not meet them, and how the government responds to the recommendations aimed at compliance with the international mechanisms with which it has chosen to participate. Recent news stories on the UPR process have chosen specific points to highlight for various reasons, obviously linked to the market for news, so it is especially important for those with interest in human rights to seek out, read, understand, and share complete information. Knowing our rights is critical, as is knowing the government’s perception of and response to its obligations. With this information, we are better equipped to make our demands and realise all of our human rights.

Published in The Tribune on May 10, 2023

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Culture Clash: Violence Cannot Be Tolerated – In Whatever Form It Comes

Gender-based violence is a pervasive issue that often goes unrecognised and unchecked. We all know it exists, but our understanding of it can be quite limited in scope and type.

In discussions about violence, emphasis is generally put on direct violence which includes physical acts like hitting and pushing, with little focus on forms of violence that are just as damaging. Direct violence also includes sexual violence, from harassment to rape, and less frequently discussed acts like human trafficking, exploitation of domestic workers and online harassment.

We have fallen into the habit of excusing direct violence. We find ways to put blame on the survivors and victims of violence. This is sometimes because we want to protect the abusers, but in most cases, we fail to recognise certain acts as violence. We use words like “teasing” and “flirting” to downplay harassment, refusing to see the distinction between them.

Women and girls are seen as unfriendly or “stuck up” when they dare to say or show that attention is unwanted. Men and boys are allowed to make nuisances of themselves because there is more value on their performance of masculinity and seeking to fill their own needs than the comfort and safety of women and girls.

Far too many people concern themselves with what a women or girl was wearing, where she was, who she was with and why she was there with whomever was in her company when she reports sexual assault. This refusal to recognise the violation in favour of misplacing blame for the violation is another act of violence.

Indirect violence includes systemic issues and the stereotypes with which we are familiar, even if we do not recognise them as such.

Yesterday, in a session focused on the United Nations Convention for the Elimination of All forms of Discrimination Against Women, a differently-abled woman spoke out about the lack of access to spaces — public and otherwise — and increased vulnerability of differently-abled women.

She identified the exclusion of differently-abled women as an act violence. This is a form of violence we do not often recognise or acknowledge, but is part of the lived reality of differently-abled people and compounds the marginalisation of differently-abled women. Women do not get to be only women. We are women and black, women and queer, women and poor, women and elderly and any number of other layered identities.

Every year, 16 Days of Activism Against Gender-based Violence — a global campaign — run from November 25 to December 10. It opens on the Day for the Elimination of Violence Against Women and closes on International Human Rights Day. These observations underscore both the pervasive and possibly most easily identified forms of gender inequality and the recognition of women’s rights as human rights. This campaign coincides with National Women’s Week in The Bahamas which this year began on the fifty-fifth anniversary of the first time Bahamian women voted.

The Department of Gender and Family Affairs planned Orange Day, a church service and the information and walk-through of the CEDAW report. The Department also disseminated information on NGO-led events and initiatives, including the Zonta Says No town hall held last night and the series of events and actions organised by Equality Bahamas.

These included a Day of Silence, screening of Marion Bethel’s Womanish Ways — a documentary on the Bahamian Women’s Suffrage Movement — and open mic at Expressions at Bistro Underground being held tonight, featuring Tingum Collective from University of The Bahamas, Blue Elite dance troupe and poets Zemi Holland and Letitia Pratt.

This 16-day campaign includes a broad range of activities which are aimed at raising awareness and driving action. Beyond wearing orange and attending events in droves, it is critical we advocate for the change we need, systemically, to end gender-based violence. As Donna Nicolls, of Bahamas Women’s Watch, stated at a few events thus far during the campaign, we need to continue our action and remember that 16 days is not enough.

The campaign is beneficial for introducing people to the issues, increasing and deepening understanding of those issues and connecting with organisations and individuals working on women’s rights and ending gender-based violence year-round all over the world.

Last year, the Life in Leggings movement started in Barbados, swept across the region and encouraged many Bahamian women to share their stories of sexual violence. For most of them, it was the first time they had spoken about their experiences.

While the campaign was not launched as a part of the 16-day campaign, it connected thousands of Caribbean women and highlighted the similarity of stories, laws and systemic issues. This year, just before the beginning of the campaign, people in Guyana stood in support of high school girls who reported sexual violence by a teacher and rebuked the headmistress who shamed girl students for not supporting their teacher. They pushed for a response from the Ministry of Education with regard to the teacher and the headmistress. It is clear none of us can wait for annual campaigns, nor can we limit our advocacy and activism to these limited periods.

Everyone is not able to participate in global campaigns or contribute to ongoing work in the same ways, so it is important to consider various levels of involvement, time commitment, and frequency of activity. As the holidays approach and the season of giving makes us more willing to part with money, think about how can you support an organisation advocating for the rights of women or providing support to women and girl survivors of violence.

While money is always helpful, a phone call or email to find out about items needed is always welcome. The Bahamas Crisis Centre, for example, is currently in need of nonperishable food including noodles, tuna, corned beef and small packs of rice.

Whether you can give a can of tuna or a case of tuna, it would be appreciated by both the organisation and its clients.

There are always people who want to help, but are not able to give tangible items, and there is space for them too. Bahamas Sexual Health and Rights Association (BaSHRA) is running Baby Can Wait — a comprehensive sexual education program — in a few high schools this academic year and could certainly benefit from more volunteers willing to be trained and assigned a class to teach for one hour per week for ten weeks. There are many ways to take action and Equality Bahamas is sharing a new idea every day during 16-days.

The first step is to think about violence in its various forms, where it shows up in your life and how you respond to it. Every act of violence is not intentional, but is still wrong, so it is on the individual, along with organisations, to be intentional in our actions and inclusion of women and girls and all other marginalised people.

Published in Culture Clash — a weekly column in The Tribune — on November 30, 2017

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