A/HRC/23/8
82.
The Maldives congratulated the Bahamas for achievements in consolidating human
rights since its last review, welcoming its ratification of the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social and Cultural
Rights, and steps taken in the areas of gender empowerment and human trafficking. It
called upon the international community to extend technical assistance to the Bahamas, a
small island developing State, to conduct training and awareness programmes to
consolidate its national human rights framework. It made recommendations.
83.
Mexico noted the ratification by the Bahamas of the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social and Cultural
Rights. It commended the legislative amendments made by the Bahamas to extend the
protection framework for victims of trafficking in persons as well as the measures taken to
combat violence against women. It hoped that those actions would be strengthened in order
to overcome limitations in those areas. It made recommendations.
84.
The Netherlands noted the consultation by the Bahamas of civil society in
implementing recommendations through “town hall” meetings to promote development and
dialogue. It commended the Bahamas on its Domestic Violence Act 2007, which
comprehensively defined violence in the home and criminalized stalking and harassment.
However, it was concerned that the term “partner” only referred to a relationship between a
man and a woman and was hence discriminatory. It made a recommendation.
85.
In response to questions, comments and observations made during the interactive
dialogue, the Head of Delegation responded by clarifying some issues, such as on
citizenship, and recalled that they there had two jurisprudential issues as the Constitution
required special procedures, parliamentary majorities and referenda for their change or
amendment. On the death penalty, the Bahamas had consistently maintained this view and
had been an active participant in the retentions group of countries (“Like-minded Group”)
at the United Nations, which had maintained the position that the issue of the death penalty
was a criminal one within the domestic jurisdiction of the State. This group had repeatedly
reaffirmed that there was no international consensus on the issue of the death penalty and
that every State had an inalienable right to choose its political, economic, social and
cultural systems without interference in any form from another State.
86.
Concerning disabilities, the Head of Delegation reiterated that consultations
continued to enact domestic legislation on disability as well as to accede to the Convention
on the Rights of Persons with Disabilities.
87.
Regarding the Detention Centre, the Government was aggressively reviewing
existing policies, with a view to identifying weaknesses and taking corrective action, and
the Bahamas and the UNHCR enjoyed a regular dialogue and cooperation. Children were
also placed in homes and no children were presently in the Detention Centre. In relation to
asylum issues, the Department of Immigration adhered to guidelines based on the UNHCR
mandates to screen immigrants to determine whether they were at risk of persecution in
their country.
88.
On the issue of trafficking, the Head of Delegation reiterated that after
comprehensive investigation, the Government had found no support for claims of sex
tourism. In fact, it had emerged in consultation with civil society that a local human rights
group, funded by international aid agencies, had also conducted a survey, independent from
the Government, and had come to a similar conclusion.
89.
With respect to marital rape, the Head of Delegation noted that they were aware of
the concerns of the Council and human rights treaty bodies with respect to this particular
issue. 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
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