The Tribune

By EARYEL BOWLEG

Tribune Staff Reporter

ebowleg@tribunemedia.net

SOME WOMEN activists are again calling for equality over citizenship rules after the recent news of Bahamian Olympic star Shaunae Miller-Uibo’s pregnancy.

The track and field athlete announced that she and her husband, Estonian decathlete Maicel Uibo, are expecting their first child. The news was met with widespread congratulations, including from Prime Minister Philip Davis.

This comes at a time when there is much discussion regarding citizenship laws. Children born outside of the country to a Bahamian woman and a foreign man are not automatically granted Bahamian citizenship. They must apply to become citizens.

Former senator Lisa Bostwick-Dean said she is “absolutely thrilled” about the gold medalist’s pregnancy and wished her a safe delivery when contacted by The Tribune yesterday.

However, she expressed disappointment in women who did not ensure the previous equality vote was not decided in their favour.

She said: “I’m extremely saddened that this has to be a discussion. I’m angry and I’m not just angry with politicians. I’m angry with everyone that was entitled to vote on this issue.

“I’m disappointed that women, because we are the majority of voters on the register, I’m disappointed that women have not - [ensured] that our children are Bahamian wherever we give birth to them. Wherever we give birth and under circumstances, whether we’re married or not married.”

Women United president and founder Prodesta Moore said it is unfortunate that Shaunae’s baby news is in the spotlight when it comes to advancing the cause, but Ms Moore hopes it will.

She said: “I thought about Shaunae when I heard about the pregnancy and this is one of the things that we’ve been talking about for a while in terms of being able to pass citizenship on to your children. I know that she can apply for a child but that’s not the point. The point is, it should be, you know, automatic just how it is if it was a male.

“So hopefully, this will spark some interest in our country and making sure that she is able to do it and the laws are changed based on the fact. The laws are changed based on the fact that it’s unfortunate that it has to take a person like Shaunae to help to advance the cause, but I’m hoping that this is advanced, based on the fact that citizenship should automatically passed on to our children whether we’re male or female.”

Asked if it were shameful that the country had not changed its laws and that it could affect someone like Mrs Miller-Uibo, Ms Moore replied: “It would be shameful and that’s why I’m hoping that this now helps us to advance the cause where we see that we have national heroes like Shaunae because they are not taking the regular Bahamian citizens seriously.

“But now who would not want to have a Shauna Miller-Uibo as you know, being able to pass the citizenship on. So it should draw some attention and I’m hoping that we take a look at it. It is unfortunate that we have to now use this as a platform, but if that’s what it takes, then that’s what it takes.”

In 2016, a gender equality referendum asked the electorate whether they would support four constitutional amendments. One of those included Bahamian women being afforded the same right as their male counterparts, but it was rejected.

Attorney General Ryan Pinder said previously, with respect to the country’s citizenship laws, that the government is awaiting the Privy Council’s decision concerning a landmark Supreme Court ruling on the issue.

In 2021, the Court of Appeal affirmed a Supreme Court decision that Bahamian men can automatically pass citizenship to their children regardless of whether their child is born out of wedlock to non-Bahamian mothers.

The government later appealed the court’s decision to the Privy Council and the matter is still pending.

Equality Bahamas director Alicia Wallace argued that Mrs Miller-Uibo is entitled to the “same human rights as all Bahamian women”.

“We are all subject to discriminatory law which needs to change for the benefit of us all. At Equality Bahamas, we talk about inter-sectionality as integral to feminist and women’s rights work because we know that we do not all experience discrimination in the same way or to the same degrees.”

“The ways we are treated are determined based on race, class, disability, geographic location, and as we well know in The Bahamas, our names which determine who we know and who knows us.

“Miller-Uibo’s pregnancy may bring more attention to the issue of gender inequality in nationality law and serve to renew the call for it to be addressed through ordinary legislation while the government develops an action plan and timeline, with women’s rights organisations, for a referendum as recommended by the CEDAW Committee in 2018.”

Ms Wallace highlighted the need for equal application of the law and rights for all woman, including the track star.

“It is important to note that there is significant power held by the minister who, through the Bahamas Nationality Act, can grant citizenship to the child of a Bahamian at his/her own discretion. Should Miller- Uibo apply for her child to be registered as a citizen of The Bahamas, citizenship would likely be granted.

“The minister may decide that her name and her status as an Olympian are enough to overlook her gender and what the law says about Bahamian women and citizenship. We all know that the law is not applied to all people in the same way. Not only is there gender inequality in our laws, but in enforcement, implementation, and practices. We need legal reform to ensure that we all have full access to our human rights and that all Bahamian women can confer citizenship on their children.”