By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

THE government’s position on criminalising marital rape, abolishing the death penalty, banning corporal punishment and protecting the rights of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people will be scrutinised when Attorney General Ryan Pinder leads a delegation to Geneva, Switzerland, for the United Nations Human Rights Council’s (UNHRC) review of our human rights record this week.

Wednesday will mark the fourth time The Bahamas has participated in the UNHRC’s Universal Periodic Review. Representatives will be expected to outline their steps to implement recommendations they committed to during previous reviews and highlight recent human rights developments in the country.

According to the UNHRC’s website, some countries submitted questions to The Bahamas before Wednesday’s meeting, many focusing on controversial domestic issues.

The United Kingdom asked: “What steps are the government of The Bahamas taking to amend the Sexual Offences Act and the definition of rape in Section Three to include the criminalisation of marital rape?”

Belgium asked: “What other steps will the government of The Bahamas take to address the high prevalence of gender-based violence? Are The Bahamas considering criminalising marital rape in all circumstances?”

“Belgium is concerned about the prevalence of corporal punishment as a widely accepted means of disciplining children at school and at home. Is the government of The Bahamas planning to prohibit all forms of corporal punishment of children and adolescents in all settings and to strengthen awareness-raising programmes in order to promote non-violent forms of child-rearing and discipline?”

“As a strong proponent of the abolition of the death penalty, Belgium welcomes the fact that no execution has taken place in the Bahamas since 2000 and that death sentences were commuted. Will the government of The Bahamas, as a next step, reduce the offences for which the death penalty may be imposed to the most serious crimes? Is the government considering to ratify the Second Optional protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty?

Spain asked: “In order to fight discrimination against LGBTI people, does the government of The Bahamas plan to take measures to ensure the protection of all, regardless of their sexual orientation or sexual identity?”

Panama asked: "What is the state of play of the 'Nationality Bill 2022, which seeks to promote gender equality in the transmission of citizenship?"

Germany asked: “How does the Commonwealth of The Bahamas plan to tackle the increase in cases of sexual and gender-based violence?”

The review of The Bahamas’ human rights record will rely on a national report the government submitted to the UNHRC; information contained in reports from independent human rights experts and groups; and information from other stakeholders, including national human rights institutions, regional organisations and civil society groups.

Ahead of Wednesday’s meeting, the House of Assembly passed a resolution establishing a Human Rights Committee in Parliament last week.

The government also tabled a bill to establish an Office of Ombudsman––a matter of interest to the UNHRC, with Germany asking: “When will the Commonwealth of The Bahamas introduce the long-planned office of an ombudsperson for human rights?”

Before Wednesday's meeting, the Office of the United Nations High Commissioner for Human Rights compiled a report highlighting numerous issues raised with The Bahamas government in the last five years, some of which have not been resolved.

It noted, for instance, that the Committee on the Elimination of Discrimination against Women recommended in 2021 that the government finally enact a gender-based violence law.

“The same committee expressed concern about the lack of a comprehensive law addressing violence against women and the delay in finalising and adopting the draft bill on gender-based violence,” the report, dated February 13, 2023, said.