A/HRC/23/8
of civil society, which included an independent press, organized trade unions and the
Church.
8.
The Head of Delegation outlined a few general considerations which had important
sociocultural, legal and institutional implications for the implementation of human rights on
the domestic level. There were also two jurisprudential issues, which formed an important
part of the legal and institutional framework of the human rights environment. First, the
Bahamas had a Constitution in force which entrenched many fundamental provisions,
especially those related to fundamental rights and freedoms. To amend them required
special procedures, parliamentary majorities and referenda. This truly reposed the final say
in the hands of the people.
9.
The Head of Delegation indicated that the Government had relaunched a
Constitutional Reform Commission to conduct a comprehensive review, and to recommend
changes to the Constitution by the end of March 2013, in advance of the fortieth
anniversary of independence in July. The issues included: discrimination and gender
equality; citizenship and nationality; distribution of state power vis-à-vis individual rights;
capital punishment; and conferral of full equal rights on women. This last would be put to
referendum by June 2013.
10.
The Commission’s Report would be accompanied by public consultation and
education.
11.
The Head of Delegation described the second jurisprudential issue: the dualist nature
of the legal system that required the incorporation of international conventions into
domestic law. Nevertheless, the Government was committed to this process and was
determined to improve the domestication of such instruments.
12.
On thematic considerations, the Head of Delegation reported that civil society had
been involved more deeply in the preparation for the review. Consultations were held with
key national stakeholders, namely representatives of all the major religious groups and
representatives of civil society (including the official opposition).
13.
On reporting obligations to the various treaty bodies and increasing dialogue with
such bodies, the Head of Delegation acknowledged that there were still outstanding reports
to several human rights instruments, due to technical and legal challenges. The Head of
Delegation reported that a project management team was being established to conduct an
audit of all international treaties to which they were party, with a view to identifying
reporting obligations while welcoming offers of technical assistance.
14.
On the creation of national human rights institutions, such as an ombudsman or
human rights commission, the Head of Delegation clarified that the Bahamas had a
“Westminster-style” Constitution where the Court constituted the primary human rights
institution. The High Courts had almost unlimited powers to enforce fundamental rights.
Nevertheless, the Bahamas was generally supportive of the concept of national human
rights institutions, and their potential additional value. Thus, best practices thereon were
being researched.
15.
The Head of Delegation stated that a division had been formed to harmonize
national legislation and international agreements. An inter-agency committee had also been
established to oversee the implementation of convention mandates and recommendations.
16.
The Head of Delegation acknowledged that there had been a delay in the
implementation of both the International Covenant on Civil and Political Rights (ICCPR)
and the International Covenant on Economic, Social and Cultural Rights (ICESCR),
because they required amendments to the Constitution, and would therefore have to be
subjected to the referendum process, which would require time and public education.
Therefore, it was not in a position to ratify either the First Optional Protocol to the
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