A/HRC/10/70
Page 9
Republic recommended that the age of criminal responsibility of children be raised. It also
recommended that a standing invitation be issued to special procedures.
27.
Germany welcomed the frank report of the Bahamas and the answers to the written
questions. With regard to corporal punishment of children and the recommendations of the
Committee on the Rights of the Child in this regard, Germany asked the Bahamas to elaborate on
the distinction between corporal punishment and physical abuse in punishing children and the
criteria when corporal punishment amounts to physical abuse. Germany recommended that the
Bahamas abolish the death penalty. It also recommended that the Bahamas, as recommended by
the Committee on the Rights of the Child, establish effective mechanisms in accordance with the
Paris Principles, especially with regard to children’s rights, which are lacking in the Bahamas
Constitution.
28.
The United Kingdom of Great Britain and Northern Ireland noted that the reports
prepared show that the Bahamas has ratified some United Nations human rights treaties and that
it will soon accede to the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights, and encouraged the Bahamas
to do this as soon as possible. It noted past concerns about the activities of the security forces and
welcomed efforts made to build capacity within the police, prison and defence forces to observe,
respect and protect the rights of the individual. The reports provided as a basis for this review
indicated concern about violence against women, and in particular domestic violence. The
United Kingdom asked for more information about the steps the Bahamas is taking to protect
women from violence. It welcomed the passing of the Domestic Violence (Protection Order) Act
in March 2007. In order to enhance the protection of women, the United Kingdom recommended
that existing legislation be amended so as to outlaw marital rape. It noted that, in 2006, the
Judicial Committee of the Privy Council abolished the mandatory death sentence for those
convicted of murder in the Bahamas and ruled that the mandatory death sentence was in
violation of the Bahamian Constitution. The United Kingdom recognized this positive step and
recommended that further action be considered to repeal provisions allowing for the death
penalty, including by becoming a party to the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. The United
Kingdom asked the Government about its plans to involve civil society in the follow-up to the
review, and recommended that the Government of the Bahamas ensure that civil society is
involved in the implementation of the outcome of the review.
29.
Brazil noted that significant progress had been achieved in areas such as the fight against
racism, the promotion of gender equality and combating human trafficking. It noted the concerns
of the Government to promote and protect human rights as essential elements of social and
economic development. In the area of fighting discrimination, Brazil highlighted the adequacy
of policies aimed at improving the social and economic living standards of its disadvantaged
black majority. Brazil also noted that, although education receives the largest percentage of the
Bahamian annual national budget, challenges still persist in key specific areas, such as migration
and the rights of children. Brazil asked how the Government intended to address the concerns of
the Committee on the Elimination of Racial Discrimination about the issue of undocumented
migrants and asylum-seekers. Brazil recommended that the Government of Bahamas consider
establishing a moratorium on executions with a view to abolishing the death penalty, in
accordance with General Assembly resolution A/62/149, adopted on 2 February 2008. Brazil
also proposed that the Bahamian authorities consider increasing dialogue with treaty bodies and
special procedures.
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