A/HRC/23/8
domestic in nature, characterized by a dispute between the parties themselves, and had not
been provoked by any form of discrimination.
30.
The Bahamas had been the first country in the Commonwealth Caribbean (in 1991)
to decriminalize consensual sex between persons of the same gender. Also, in 2010, and
again during the current sixty-seventh session of the General Assembly, the Bahamas had
voted in support of the retention of language in a resolution condemning killings for any
discriminatory reason to specifically include “sexual orientation” as a discriminatory
ground for such killings. The Bahamas would remain engaged in the international
discussions on the matter.
31.
The Head of Delegation reported that, in 2009, a bill was tabled to amend the Sexual
Offences and Domestic Violence Act to criminalize marital rape where the couple was
living together. Consultation with civil society indicated that public opinion was strongly
against the bill, and it was subsequently withdrawn. At the same time, spouses who might
be subject to sexual abuse by their partners were not without legal protection under
Bahamian laws such as the Domestic Violence (Protection Orders) Act. In addition, the
Government had embarked, in schools, through its social agencies and in conjunction with
civil society, on a variety of programmes to sensitize persons to this issue, which, it was
hoped, would contribute to a decrease in domestic violence generally, including all forms of
spousal violence.
32.
The Head of Delegation noted that they were aware of the concerns with respect to
the high incidents of reported rape. She told of steps taken to reduce such incidents, such as
taking action to effectively investigate and prosecute rape cases and respond sensitively to
the victims, when they did occur. On the Strategic Plan for the Management, Prevention
and Elimination of Family Violence, she stated that a multi-disciplinary team had been
established in March 2012 to review the plan and make recommendations on the way
forward. The team expected to have the report completed by March 2013.
33.
The Head of Delegation reiterated that the Bahamas had for many years attracted a
steady flow of immigrants, mainly from its sister CARICOM (Caribbean Community)
country of Haiti, although in recent times this had included vulnerable migrants from other
countries. Such persons were housed in a detention centre until they could be repatriated to
their countries, unless they qualified for refugee status after appropriate screening. Where
children were involved, every effort was made to repatriate, determine refugee status or
resettle them as quickly as possible. In this regard, the Department of Immigration adhered
to guidelines based on the Office of the United Nations High Commissioner for Refugees
(UNHCR) mandates to screen immigrants to determine whether they were at risk of
persecution in their country. The Government and UNHCR enjoyed a regular dialogue,
whereby national asylum assessments were shared with UNHCR and, when necessary,
advisory opinions were requested. In addition, the Government was reviewing existing
policies in respect of both the Carmichael Road Detention Centre and asylum seekers. The
Government had also begun a process of renovating the physical infrastructure at the
Detention Centre, beginning with the refurbishment of plumbing facilities.
34.
The Bahamas continued to engage in very close cooperation with the United States
in addressing this issue, and members of the TIP (Trafficking in Persons) Committee had
received American-sponsored training to identify and respond to victims and perpetrators of
trafficking.
35.
The Government had undertaken several cross-cutting, bilateral and multilateral
initiatives to deal with the scourge of trafficking in persons. In addition to putting in place
the Trafficking in Persons (Prevention and Suppression) Act, 2008, it had established a
National Inter-Agency Committee and Task Force, drafted national protocols for the
Security Forces and Health and Social Services, conducted awareness programmes in
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