The Tribune

A MEMBER of Parliament has been accused of gender-based violence by a woman who was in a relationship with him. The violence included physical assault, rape, and death threats against the woman and her family. The survivor’s story is as clear as it is disturbing. It is about the escalation of violence, manipulation and threats, abuse of power, and the apparent impossibility of accessing justice. It is a lived reality that is more common than most people know.

I have spoken and worked with many survivors of gender-based violence in The Bahamas. Their stories are always upsetting, and their experiences when they try to get help are usually discouraging. There are, of course, stories we will never hear, some because the survivors do not want to talk about those experiences, and some because the stories have been buried along with them. Everyone does not get out. Everyone does not (get to) ask for help. When people come forward, tell their stories, and ask for help, there should be no barriers. They should be guided through a seamless process to ensure their security and wellbeing and that of their dependents and anyone else at risk, access to swift justice, and access to all necessary resources, services, and accommodations including physical and mental healthcare, paid leave and accommodations at work, housing and childcare, and legal assistance. Survivors should never feel alone, judged, blamed, or disbelieved. They should be treated with dignity and respect.

In the case of Ms Rolle (a pseudonym used to protect her identity), the survivor who has accused the Member of Parliament of physical violence and rape, we see a survivor who has become an activist of sorts. She reported the gender-based violence perpetrated by the Member of the Parliament to the police. When she did not get the response that the police owe to her, and to us all, she went to the news media. She clearly stated that she took these steps, not only for herself and her family, but for other women and girls. She wanted to protect other people from having the same experience. She said: “I’m doing this because this could be used to save a life.”

Far too many women, before we are able to take care of ourselves and heal from violence and trauma, become activists in some way. We do not want other people to experience the violence we have experienced. We take on the responsibility to prevent it, whether by sharing stories with women and letting them know who the predators are and/or what the warning signs of abusive relationships are, or by speaking publicly, calling on the government officials to take the action that is well within their power.

The police have the power to bring in the Member of Parliament for questioning, and to press charges. Not doing so was a choice, and one they should not have been able to make. The Commissioner of Police has significant power. Will he use it? The Prime Minister has significant power, as leader of the Progressive Liberal Party and as Prime Minister. Will he use it? What will the Minister of National Security do, or not do? What about the Attorney General? If all of these people and their offices refuse to take action, what are we left to do? What does it mean for the women and girls in this country? For the LGBTQI+ people? The people with disabilities? The people in the Family Islands?

This week, it is a woman living outside of the capital. She, fortunately, has the support of her family. She does not, as we learned from her story, have the support of a law enforcement or judicial system. Who, then, is going to stand up? Is one man, one Member of Parliament, more powerful than everyone else who is mandated to take action in response to the violence he allegedly enacted against Ms Rolle? Is one man worth the disgust and anger we should all have for the Progressive Liberal Party? Will they let protecting him, accused of being a rapist, come before law, order, conscience, responsibility, and human rights? Or are they convinced that The Bahamas is comprised of a people that do not move forward, upward, onward, or together with the people in situations of vulnerability, but have short memories, disinterest in another’s wellbeing, and the foolish belief that we will not be next?

We have to demand action. The Member of Parliament needs to be questioned, charged, and publicly named. If found guilty he needs to be dismissed. The Prime Minister, the Progressive Liberal Party, the current administration must take a stand. This is the time for them to prove themselves. Are they not rapists themselves? Are they not corrupt? Are they not actively participating in rape culture? Are they not misogynists? It is time to start proving it. The best time has passed, and today is the next best opportunity, in Parliament.

Recommendations to the government of The Bahamas

1 Criminalise marital rape. What does this mean? The definition of rape in Section 3 of the Sexual Offences Act needs to be amended to remove “who is not his spouse” which is an exception for rapists who are married to their victims/survivors. Rape is rape, regardless of the relationship between perpetrator and victim/survivor, and this needs to be clear in the law. How would this make a difference? Making this amendment to criminalise marital rape will make it clear that women are human beings with human rights that are not, in any way, diminished by any relationships, including marriage. This means women have bodily autonomy and have the right to give or withhold consent. When we understand women’s bodily autonomy and fundamental rights and freedoms, we also understand that they are entitled to equal protection of the law, and this influences behaviour.

2 Implement a gender policy. What does this mean? There is a National Gender Equality Policy that was drafted in 2018 and has yet to be adopted. It outlines seven goals with objectives, strategies, and timelines. Goal one, for example, is to eliminate discriminatory laws, policies, and practices, protect human rights, and provide access to justice. The objectives related to these goals are to create a legal environment that facilitates the elimination of all forms of discrimination on the basis of gender, build awareness among all actors in the justice system about rights and obligations under treaty agreements related to gender-based discrimination, and provide legal aid services to victims of gender-based violence. How would this make a difference? The gender equality policy will provide guidance to move The Bahamas toward gender equality by addressing both gender ideology and structural barriers through specific activities designed for various areas. For example, a strategy under goal one an objective one in 2018 draft is to “build awareness among the citizenry on the criminal nature of marital rape with a view to amend the Sexual Offences and Domestic Violence Act of 1991 to criminalise marital rape”. The gender equality policy is guidance and a set of strategies and activities to change mindsets and practices.

3 Set a timeline and action plan for a constitutional referendum. What does this mean? The 2016 constitutional referendum did not result in the necessary amendments to the constitution. The government, however, is still obligated to protect, promote, and uphold women’s human rights. It must hold another constitutional referendum, and plan for it extensively. The CEDAW Committee recommendations that the Government of The Bahamas set a timeline so that it is clear to everyone when the next referendum will be held, human rights organisations can plan their advocacy. An action plan would include the educational campaign, use of media, identification of champions, voter registration, budget, and other necessary components. How would this make a difference? This would ensure that the electorate is better prepared to participate in the constitutional referendum. Human rights organisations will have time to prepare material and run campaigns, voters will have time to access information and pose questions, and there will be a better use of time and resources when everyone knows what is happening and when.

4 Establish a national human rights institution (NHRI). What does this mean? This institution, established by law and independently run would promote and monitor the implementation of human rights standards in The Bahamas. NHRIs give advice to governments, receive, investigate, and resolve complaints, conduct research, and run human rights education programmes. How would this make a difference? The Bahamas needs an independent body with the capacity and mandate to collect and analyze data, monitor the government’s (non)compliance with human rights mechanisms, provide education and training, and raise pressing human rights issues nationally, regionally, and internationally. It would support the government in fulfilling its human rights obligations, work along with non-governmental organisations, and provide recourse to individuals who experience human rights violations, all while increasing national understanding of and access to human rights.

 5 Properly resource a national gender machinery. What does this mean? The Bahamas now has a Department of Gender and Family Affairs which sits within the Ministry of Social Services and Urban Development. The Bureau of Women’s Affairs was “upgraded” to a Department in 2016, but has never received a proper working budget. It still operates much like the Bureau before it and, for some reason, the “upgrade” came with the addition of “family affairs” and the Department now has a “men’s desk”. The government quickly lost the plot, failing to put the necessary focus on gender (in)equality and the specific needs of women and girls, and does not acknowledge LGBTQI+ people as a primary community of focus. The Department of Gender and Family Affairs needs to be staffed with technical experts on gender, sexuality, and human rights. It needs to be at the highest level of government — a ministry — as set out at the Expert Group Meeting on national gender machineries in Santiago, Chile, in 1998. How would this make a difference? A national gender machinery would function as a Ministry and have the ability to engage with Ministers and Ministries on equal footing. It could develop guidelines and give input that would ensure gender mainstreaming in all government ministries and, by extension, services and programmes.

6 Adopt temporary special measures, such as a political quota, to ensure gender parity in political life. What does this mean? Temporary special measures are put in place to reduce and then eliminate disparities and to promote equality by making stipulations that change a practice and/or system for a period of time so that the norms change. Some countries, such as Guyana, have a political quota which requires political parties to have candidate slates that are 30 percent women. The onus is then on political parties to recruit and welcome women and present them as candidates for winnable seats. The electorate then sees women participating in frontline politics. How would this make a difference? When we see women in leadership positions, we understand that women can be leaders. Women can be Members of Parliament, Ministers (of more than Education and Social Services), and Prime Ministers. People learn, through experience, that women are as capable of leadership as men, and women’s representation is both increased and recognised as critical to the development of the country.

7 Amend the Bahamas Nationality Act 1973 to ensure gender-equal nationality rights. What does this mean? The 2016 constitutional referendum did not receive enough “yes” votes to make the necessary amendments to the constitution to allow gender-equal nationality rights. At present, Bahamian women married to non-Bahamian men do not pass on citizenship to their children born outside of The Bahamas and their spouses cannot apply for citizenship, and Bahamian men do not pass on citizenship to their children born outside of marriage. Gender-equal nationality rights need to be enshrined in the constitution, and in the interim, amendments can be made to legislation to grant this right. Members of Parliament need only make the decision to do so. How would this make a difference? This would allow Bahamians to pass on citizenship to their children, and it would allow spouses of Bahamians the right to access Bahamian citizenship. Doing this would demonstrate that women are whole people — not extensions of men — and that women’s rights are not erased by marriage.