A/HRC/38/9
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance with
Human Rights Council resolution 5/1, held its twenty-ninth session from 15 to 26 January
2018. The review of the Bahamas was held at the 6th meeting, on 17 January 2018. The
delegation of the Bahamas was headed by the Attorney General and Minister of Legal
Affairs, Carl Wilshire Bethel. At its 10th meeting, held on 19 January 2018, the Working
Group adopted the report on the Bahamas.
2.
On 10 January 2018, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of the Bahamas: Chile, Qatar and Senegal.
3.
In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were
issued for the review of Bahamas:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/29/BHS/1);
(b)
A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/29/BHS/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/29/BHS/3).
4.
A list of questions prepared in advance by Belgium, Brazil, Germany, Liechtenstein,
Portugal, Slovenia and the United Kingdom of Great Britain and Northern Ireland was
transmitted to the Bahamas through the troika. These questions are available on the website
of the universal periodic review.
I. Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
The delegation of the Bahamas stated that, in August 2012, it had reconstituted the
Constitution Reform Commission to conduct a comprehensive review of its Constitution and
recommend changes. That body had submitted its recommendations in July 2013.
Subsequently, a constitutional referendum had been held in June 2016 to address some of the
Commission’s recommendations concerning gender equality. However, the amendment bills
had each been defeated by large margins.
6.
In November 2017, it had announced its intent to amend the Bahamas Nationality Act,
with a view to promoting gender equality regarding the conferral of nationality upon children.
7.
The Bahamas maintained its position on the retention of the death penalty. It continued
to recognize its lawfulness as a punishment for the crimes of murder and treason, on a
discretionary basis and subject to the conditions laid down in case law.
8.
Since the enactment of the Correctional Services Act, 2014, corporal punishment as a
disciplinary measure for prisoners had been repealed. Additionally, the Early Childhood Care
(National Standards) Regulations, 2015, had been enacted, prohibiting the use of corporal
punishment in day-care centres and preschools. At present, the Bahamas still allowed
corporal punishment in elementary, secondary and senior school, but only when administered
by the Principal or Administrator and subject to stringent rules.
9.
The Rome Statute of the International Criminal Court continued to be under active
review by the Office of the Attorney General and the Ministry of Legal Affairs.
10.
The Bahamas had received a number of recommendations concerning discrimination
on the grounds of sexual orientation and gender identity. No formal reports had been lodged
of discrimination on the basis of sexual orientation with the Royal Bahamas Police Force, the
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