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Last Updated: Feb 6, 2017 - 2:32:04 PM |
The Constitution Commission heard recommendations from representatives of The Bahamas National Council for Disability and Gay and Human Rights activist, during a public hearing on Wednesday, February 27, 2013 at the Constitution Commission office in the British Colonial Hilton. Pictured centre is Sean McWeeney, Chairman of the Constitution Commission. Pictured next is Sheila Culmer, President of The Bahamas National Council for Disability. (BIS Photo/Kris Ingraham)
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NASSAU, The Bahamas - The Government-appointed Constitution Commission heard recommendations from representatives of The Bahamas National Council for Disability and Gay and Human Rights activist, with a view to ending discrimination against those groupings.
The public hearing was held Wednesday, February 27, 2013 at the Constitution Commission office in the British Colonial Hilton. Sheila Culmer, President of The Bahamas National Council for Disability and Erin Greene, Human Rights and Gay Rights Activist, made presentations.
Mrs. Culmer said it is fitting that during the country’s 40th Independence Anniversary the commission took time to include disability in the country’s revised Constitution.
Towards this end, the council proposed 13 provisions for a more comprehensive inclusion of persons with disabilities, amongst other concerns to be included in the Preamble of the Constitution.
It is proposed that the word “disability” be included to the general fundamental rights provisions of Article 15 of the Constitution, bearing in mind that no one becomes disabled by choice.
“We advise that there be inclusion of an express provision prohibiting discrimination against persons with disabilities and that such clause include reference to both direct and indirect discrimination,” she proposed.
The council also advocates that there be inclusion of an express provision providing for affirmative action to redress the imbalances and disadvantages, engendered by prejudice and discrimination, which have historically characterised the lives of persons with disabilities.
The council also recommends that there be inclusion of a provision guaranteeing the rights of persons with disabilities to have access to and be provided with legal aid and affordable legal services to ensure that they have access to justice.
“We advocate that there be inclusion of Constitutional provision similar to Article 35 (1) of the Constitution of the Republic of Uganda, which declares that persons with disabilities have a right to respect and human dignity which mandates the State and society to take appropriate measures to assure that they realise their full potential and which specifically mandates that Parliament shall enact laws appropriate for the protection of persons with disabilities,” Mrs. Culmer said.
In her presentation, Ms Greene called for the inclusion of sexual orientation in The Constitution; which states that everyone in The Bahamas is entitled to the fundamental rights and freedoms regardless of race, place of origin, political opinions, colour, creed or sex.
To the controversy regarding same sex marriage, she stated that the State has an obligation to its citizens to provide equality across the board. She viewed marriage existing in this jurisdiction in two areas – the church and the state.
“I think that these two institutions are essentially different. I think the state has an obligation to its citizens that is different than the church’s obligation to its parishioners,” Ms Green said.
To the question of why no gay or lesbian couple has challenged the law to get married in The Bahamas, she said that they are fearful of being discriminated against or harmed.
Ms Greene also called for economic rights, human rights as regards to violence against the person, food security and the rights to access to healthy foods and land upon which to grow food and the mandatory labelling of products.
The Government appointed the Constitutional Commission to conduct a comprehensive review of the Constitution of the Bahamas and to recommend changes to that effect, prior to the country’s 40th Independence anniversary.
The Commission is expected to report its recommendations to the Government on or before March 31, 2013.
Former Attorney General Sean McWeeney, QC, heads the Constitutional Commission. Chief Counsel in the Chambers of the Attorney General Loren Klein serves as the technical co-coordinator of the Commission’s Secretariat.
Other members of the Commission are former Attorney General and former Minister of Education Carl Bethel; Madam Justice Rubie Nottage (Retired); Mark Wilson, Lester Mortimer, Tara Cooper-Burnside, Michael Stevenson, Dr Olivia Saunders, Michael Albury, Chandra Sands, Brandace Duncanson and Carla Brown-Roker.
© Copyright 2013 by thebahamasweekly.com
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