By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
GENDER inequality regarding the transfer of citizenship could be remedied by taking the matter before an international court.
Rapporteurs at the 172nd session of the Inter-American Commission of Human Rights (IACHR) highlighted longstanding concerns over the issue and noted the failure of two constitutional referenda signaled a critical need for public education.
According to Minister of State for Legal Affairs Elsworth Johnson, the 2016 referendum cost the government over $1.57 million.
The matter was raised at the country’s thematic hearing in Jamaica on the rights of migrants and their children.
However, Mr Johnson argued that the largest number of persons affected by gendered provisions of the Constitution are Bahamian men and women and their descendants, not migrants.
“It is no secret that the Constitution of the Bahamas is not gender-neutral and treat men and women differently in and unequally with respect to their ability to transmit citizenship to their children and spouses,” he said, adding the government had spared no effort in trying to amend constitutional provisions.
Margarette Macaulay, IACHR’s Rapporteur on the Rights of Women, and Persons of African Descent and against Racial Discrimination, stressed the IACHR would prefer to work in partnership with the government rather than have the matter put before the court.
Ms Macaulay, a Jamaican jurist and pivotal figure in the the regional women's movement, served as a judge of the Inter-American Court of Human Rights from 2007 to 2012. During that time, she contributed to the formulation of the Court's Rules of Procedure.
“There is a matter of the referendums in relation to citizenship which I couldn’t understand,” Ms Macaulay said, “but I understand it is within your law that you must have that referendum. But you know that within (IACHR) mandate…if we do have a case presented in relation to that issue ultimately we could say fine, that the Bahamas has to amend its law, you know that?
“We could but we haven’t gotten to that stage yet,” she added, “I am dropping a hint for civil society.”
Ms Macaulay continued: “It is commendable that these attempts were made under the laws as you have them but if you see the mischief which exists in the circumstance that you wish to correct. And you clearly recognize it, that’s why you used the referendum system twice.
She said: “Twice means that you need to do education to your citizens about the mischief.”
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Comments
DDK 5 years, 5 months ago
Yet another organization head-quartered in Washington D.C. dictating other countries' affairs...........
Hoda 5 years, 5 months ago
The suggestion that they can make you do it anyway is not appetising. However, We signed on to the IACHR. You can't pick and choose when 'rights' and 'equality' are important to you. Thats why they are fundamental freedoms - they are suppose to guide everything you do even though the politics of the time may change.
While everything on the quote on quote globalist/ liberal agenda I don't agree with. This world has changed and the reality is every call to look at something from another perspective or to think differently is not some attack against nationalism and sovereignty.
When it was convenient to scream about it being our right to play numbers - referendum, voted no. We got over it when the government pressed ahead with legalising number houses or maybe we didn't care enough to go and vote. Now its convenient to talk about how the number bosses corrupt and the cause of social ills. On flip side - passing on citizenship - voted against it and the government dropped it I guess. Probably because we don't understand the value of lobbying in politics. The 39 people in Parliament can't think of every issue and nuance - and at the end of the day the 39 people in Parliament - Legislature - is driven by us. When they do things that maybe in the best interests or future interests we vote them out because its not convenient for us now. Maybe it wouldn't seem that way if we were engaged and educated better. I'm not sure if I've heard all of them speak. Let's not forget only a portion of that is in Cabinet - who in reality are the executive arm.
But those who's lives are affected have a right to go to court and press for their rights. I guess we'll see what comes of it.
bogart 5 years, 5 months ago
Outsida da PARLIAMENT.....DERE IS THE SUPERIOR AN BALANCING FORCE..... THE CHURCH.........SOME 4,000 CHURCHES...IN BAHAMAS.........TIME THE BAHAMAS CHRISTIAN COUNCIL....BCC.....NEEDS TO PULL OUT .......THEIR WELL THUMBED ..USAGES.....BIBLES......AN TELLS DESE INTERNATIONAL WEMMEN.......THERE FEMALE PLACE....AN...WHO IS DA HEAD OF THE HOUSE....waiting....
Well_mudda_take_sic 5 years, 5 months ago
Just who the hell does this Jamaican (Margarette Macaulay) think she is telling us (the Bahamian people) that the IACHR somehow trumps the requirements of the Constitution of The Commonwealth of The Bahamas?! Macauley's time would be much better spent trying to make her country (Jamaica) a better place to live in so that fewer Jamaicans flee to country's like the Bahamas and Canada (Toronto) as illegal aliens. These uppity Jamaicans cannot even take care of many of their own people in their own country, yet they have the brazen boldness to tell us Bahamians that we are too dumb and stupid to think for ourselves. Ms. Macauley should be put on the first flight leaving the Bahamas for Jamaica, via Miami if need be.
curious 5 years, 5 months ago
So this will be an unpopular comment, ant I expect the responses to be vitriolic to it. Over 30 years ago I a non Bahamian male fell in love with an absolute angel who happens to be a Bahamian female. We were both attending college in North America. We eventually got married and she came to live with me in my country of origin. Fast forward to 20 years later some opportunities came for me to look at options of migrating to The Bahamas to pick up some employment opportunities that were available. Started to do some research. To my shock and awe, I found out my Bahamian born wife can grant me her husband of many years any status to even come and settle. Not only that our kids wouldn’t even have that right. They would have to apply for some sort of residency status. I thought it was an error. I was then told if I were the Bahamian as the male then I can grant status to her and our children would then have the right to apply for citizenship. How in the world can a constitution of a modern democratic Christian country, Say that a woman is a second class citizen and not entitled to the full rights of a male. The irony is not lost on me that your GG is a female, the wife of the late father of modern Bahamas. It’s funny that foreign male can migrate to the Bahamas and if eventually granted citizenship legally that the constitution of The Bahamas says he has more fundamental rights than the GG a native born Bahamian wife of the father of the modern Bahamas.
curious 5 years, 5 months ago
Just to finish off, I opted not to come to the Bahamas, I couldn’t bring my wife to a country that relegated her to a second class citizen. I love and respect her too much. My daughter would not be told by any archaic law that she is less of a person because that’s the law of the land. That sort of standard is not what I expect in a modern western Christian country. I know that applies in other parts of the world where women are still considered as objects and property, and not as a helpmate to their husband. I love The Bahamas, We visit all the time but my wife will not be considered second class by no one. Not even from the land of her birth
Schemer18 5 years, 5 months ago
The amount of poverty - killings going on in Jamaica this jack of a woman Margarette Macaulay wanna stretch her dyke ways, to tell a country she does not pay a homage to on how to operate its laws? They are mad because the Bahamas has not signed on to CSME - the free movement of their poverty people into other countries jurisdiction! So what can Jamaica offer the Bahamas NOTHING YET! The Bahamas have more Jamaicans employed at the moment making a one to one US dollar than any Caribbean country! These people are jealous in their minds of a Bahamian - Bahamas envy, because of our Economy, & our geographical location. It is about time these lousy politicians wake up, & fend for their Bahamian people. STOP BEING A KITTY.
Schemer18 5 years, 5 months ago
The amount of poverty - killings going on in Jamaica this jack of a woman Margarette Macaulay wanna stretch her dyke ways, to tell a country she does not pay a homage to on how to operate its laws? They are mad because the Bahamas has not signed on to CSME - the free movement of their poverty people into other countries jurisdiction! So what can Jamaica offer the Bahamas NOTHING YET! The Bahamas have more Jamaicans employed at the moment making a one to one US dollar than any Caribbean country! These people are jealous in their minds of a Bahamian - Bahamas envy, because of our Economy, & our geographical location. It is about time these lousy politicians wake up, & fend for their Bahamian people. STOP BEING A KITTY.
Schemer18 5 years, 5 months ago
STOP! RIGHT THERE "CURIOUS" Your wife got married to YOU, & NOT the Bahamas. In the first place the Bahamas Constitution Laws was NOT intended for YOU as a foreign male. What YOU should of done was NOT to migrate anywhere, & to take YOUR responsibility as a man, to take care of YOUR WIFE, in the country where YOUR mother's tongue origin! So don't come trying to ridicule the Laws of the Bahamas to suit YOUR LOUSY benefit.
concernedcitizen 5 years, 5 months ago
When I read the comments from some of the regular posters I realize how accurate the Dunning Kruger effect is .
stillwaters 5 years, 5 months ago
Lordy.......things get a little heated and out of control on this blog sometimes, but hey..........that's life!!!!
curious 5 years, 5 months ago
@ Schemer18 . I took your advice. As I stated earlier, I am currently living in the land of my birth along with my Bahamian worn wife. I apologize if I wasn’t clear on that. I agree again with you, the constitution of The Bahamas should not look to protect the rights of a foreigner over a native born Bahamian. That’s why I say again. How come in the 21st century in a western democratic Christian country a constitution regulates a person as having less fundamental rights than a male just because she was born female. I mean just yesterday was mother’s day. Isn’t it ironic that all of The Bahamian mothers that were rightfully celebrated by spouses and children yesterday, on reflection are relegated by the constitution to be less than a male. Nah, try and convince me that that’s normal and you will continue to fight for that view ? I’m not sure if you are a male, but if you are you were born to a female and I want you to reflect and think that your constitution gives her less rights than you her son. Think of it. If you are married your wife is less than you. If you were to have children a boy and a girl. Your constitution says your son is of more importance than your daughter. So you see it doesn’t affect the foreigners like me. It affects the Bahamians. Native born Bahamian. Last point. If a foreign male were to migrate to the Bahamas and acquire citizenship. Your constitution says that foreign born male has more funds rights than your Bahamian born mothers, wives, sisters and daughters. Think about it. That seems absolutely and fundamentally wrong.
Well_mudda_take_sic 5 years, 5 months ago
There's nothing in the laws of the universe that says the Bahamian people must bow to the wishes of others in determining who should be allowed to have Bahamian citizenship. We are a sovereign state organized as a democracy with our very own constitution. Your free to have your opinion, but you're not free to tell us Bahamians that our vote should not count in our own country. As a Bahamian you're of course welcome to vote in elections and on matters pertaining to our constitution, but keep in mind that it's the majority vote that counts at the end of the day, and we Bahamians wish to keep it that way, especially when it comes to who should be allowed to have Bahamian citizenship.
curious 5 years, 5 months ago
This is a response I agree with. I appreciate the fact that you at least read and gave a response that was civil. I do believe if the Lord tarries and we live long enough. This is an aspect of your constitution that will be given a challenge by future generations.
Schemer18 5 years, 5 months ago
Curious I am NOT hearing ALL that la la la foolishness. You & your wife NO MATTER WHERE SHE IS FROM decided on a formal spousal relationship until death do you part, & how do YOU expect another man to take care of your RESPONSIBILITIES? YOU AREN'T AN IDIOT RIGHT?
Schemer18 5 years, 5 months ago
So leave the Bahamas Constitution Laws ALONE. THE BAHAMIAN MALE MUST HAVE A BETTER SAY THAM THE WEAK BAHAMIAN FEMALE, TO BRING WEAK FOREIGN MEN INTO OUR SOCIETY - A MARRIAGE OF CONVENIENCE!
curious 5 years, 5 months ago
Shemer18 I think your phrase “ weak Bahamian female “ proves to me that we are as far as the East is from the West as far as how this discussion is going. I love the Bahamas and the people of the Bahamas. But I’m still convinced on a personal level that there’s something inherently wrong with a constitution that says a woman is less of a person than a male. I’m proud to say that my marriage of convenience is 2 decades plus, and I’m loving every moment of it, and will continue to as long as God continues to give me breath. As far your question as to which country I’m from. It’s a fellow Caricom state, and as I say we continue to live here. Just for the record I can’t be that weak if as a foreigner I was able to capture the Heart of my Bahamian queen from under the nose of all those “Super Strong” Bahamian males !!!!!
Schemer18 5 years, 5 months ago
So which country are you from "Curious", because I am a male, & ALL 132 PLUS democracy world countries stipulates ALL countries are indebted to their mother's tongue! So don't come here trying to shift the order on the Bahamas Constitution. Fact you are NOT one of us.
BahamaRed 5 years, 5 months ago
The sad part about this is, an unmarried Bahamian woman can have all the illegitimate babies she wants for how ever many foreign men she wants, and all those children will be Bahamians. Also an unmarried Bahamian man can have babies with all the foreign women he wants, but they can't be Bahamian either - based on current constitutional rights.
If Bahamians would stop being so silly and realize that they are only trying to level the playing field for ALL BAHAMIANS this wouldn't be an issue.
curious 5 years, 5 months ago
Aha, a valid point. So that needs to be looked at as well. That’s just as bad as the scenario for a married female. The confusion has its genesis that the constitution gives different values to male and female. And then further complicates the issue by reversing the roles of power between an unmarried male and unmarried female. Well mudda sic. I think that’s how the phrase goes. My wife uses all the time.
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