A/HRC/10/70
Page 3
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance with
Human Rights Council resolution 5/1 of 18 June 2007, held its third session from 1 to 15
December 2008. The review of the Bahamas was held at the 2nd meeting, on 1 December 2008.
The delegation of Bahamas was headed by the Honourable Michael Barnett, Attorney-General
and Minister for Legal Affairs. At its meeting on 3 December 2008, the Working Group adopted
the present report.
2.
On 8 September 2008, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Bahamas: Djibouti, Malaysia and the Netherlands.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following documents
were issued for the review of the Bahamas:
(a)
A national report submitted / written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/3/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.6/3/BHS/2);
(c)
A summary prepared by OHCHR, in accordance with paragraph 15 (c)
(A/HRC/WG.6/3/BHS/3).
4.
A list of questions prepared in advance by the Czech Republic, the United Kingdom of
Great Britain and Northern Ireland, Sweden, Denmark, Germany, Latvia and the Netherlands
was transmitted to Bahamas through the troika. These questions are available on the extranet of
the universal periodic review.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5.
At the 2nd meeting, on 1 December 2008, the Honourable Michael Barnett, AttorneyGeneral and Minister of Legal Affairs of the Commonwealth of Bahamas, introduced the
national report. The Bahamas reaffirmed its commitment to the mission of the United Nations
and stated that the country has an established record of democracy, respect for human rights and
the rule of law, and is the second oldest parliamentary democracy in the western hemisphere.
Over 90 per cent of registered voters vote in general elections every five years, and changes of
Government occur peacefully. The Bahamas has an independent press, several national
newspapers, radio stations, two television stations and access to international press without any
Government interference. The written constitution provides protection for fundamental rights
and freedoms. The delegation noted that the Bahamas has an independent judiciary with
constitutional security of tenure, with the Privy Council in the United Kingdom as the final court
of appeal.
6.
In addressing advance questions, the Bahamas stated that the death penalty is legal in the
Bahamas, but not mandatory, for the crimes of murder and treason. The last court-mandated
execution took place in January 2000. Whether and in what circumstances the death penalty may
be imposed and carried out are presently matters for the courts and the Advisory Committee of
the Prerogative of Mercy.
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