A/HRC/10/70
Page 11
merely consider the population of the Bahamas, which is approximately 330,000 persons, while
not taking into account that 5 million persons visit each year, with tourism being the most
important commercial activity, and that visitors can be potential victims of sexual violence.
However, the Bahamas expressed that it takes the issue of protecting women seriously, and
penalties for crimes of sexual violence against women have been increasing through a law
passed in November 2008. The Domestic Violence (Protection Order) Act provides additional
protection to women victim of domestic abuse. The Act expands the number of persons who can
be protected and the ability of the courts to restrain persons who have been accused of sexual
misconduct.
34.
In noting that the distinction between corporal punishment and physical abuse of children
is clear, the Bahamas considered that corporal punishment is a reasonable act of discipline, while
physical abuse of children is not permitted under Bahamian law. It is the intention of the
Government to repeal the law permitting corporal punishment as a sentence by the court during
the next legislative term.
35.
With regard to the backlog of judicial cases, the Bahamas stated that this affects all the
population, not only migrants. The delegation stated that the Government is increasing the
number of courts and judges dealing with criminal cases. The Bahamas recognized that prison
overcrowding is a problem and pointed out that the Government is committed to building new
detention facilities. The Bahamas also stated that the Criminal Procedure (Plea Discussion and
Plea Agreement) Act of November 2008 introduced the process of plea bargaining, whereby
criminal matters are resolved by compromise without resorting to full-scale trials.
36.
Canada welcomed a speedy accession to the remaining core international human rights
treaties, in particular the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights, to which the Bahamas stated it
will accede. Canada recommended that the Bahamas follow the recommendation of the
Committee on the Rights of the Child to establish a national human rights institution in
accordance with the Paris Principles, that is adequately resourced, child-sensitive and able to
provide remedies in a timely manner. Recognizing the challenges that the Bahamas faces with
regard to migrants and asylum seekers, Canada supported the recommendations of the
Committee on the Elimination of Racial Discrimination that migrants, refugees and asylumseekers be detained only as a last resort and, furthermore, that alternatives to detention be sought,
and recommended that the Bahamas implement the recommendations of the Committee. Canada
also recommended that any detention of migrants, refugees or asylum-seekers be subject to
judicial review and that all persons be informed of their rights. Canada recognized the efforts
made by the Bahamas in educating its children. In order to continue this positive trend, Canada
recommended that the Bahamas undertake a comprehensive study on child abuse in order to
understand its scope and to suggest ways to prevent it, and focus more efforts on combating child
prostitution and pornography and aiding its victims, in accordance with the recommendations of
the Committee of the Rights of the Child.
37.
Maldives noted that the national report effectively highlights one of the main human
rights challenges facing small-island States like the Bahamas, namely human and technical
capacity constraints. The Maldives welcomed the Government’s stated intention to accede to the
International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights, and asked whether the Bahamas is also considering
signing the Convention against Torture and the Optional Protocol thereto. It also enquired
whether the Government has considered engaging with selected special procedures, such as the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents