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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATIONCONSIDERS REPORTS OF THE BAHAMAS

27 February 2004

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27 February 2004



The Committee on the Elimination of Racial Discrimination has reviewed the fifth to fourteenth periodic reports of the Bahamas on how that country implements the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Introducing the reports, Paulette Bethel, Permanent Representative of the Bahamas to the United Nations in New York, said her Government was committed to combating and eradicating the evils of racism and racial discrimination at the national, regional and international levels. The country’s commitment to ensuring the dignity of the individual and promoting and protection fundamental human rights and freedoms was reflected in its accession to the Convention and other human rights instruments, she added.

Committee Experts raised a series of questions, including on the “Bahamianization” policy in employment; the situation of illegal immigrants from Haiti and other countries; the lack of specific data on the demographic composition of the population based on race or ethnic origin; and the situation of asylum seekers and their detention.

The Committee will issue its final observations and recommendations towards the end of its session, which concludes on 12 March. In preliminary remarks, Nourredine Amir, the country rapporteur for the reports of the Bahamas, said that the replies provided by the delegation were based on clarity, truth, honesty and integrity. The most difficult questions had received simple replies from the delegation, which resolved the problem, and the Committee will reflect all those facts while drafting its conclusions on the reports of the Bahamas.

In concluding remarks from the delegation, Ms. Bethel said her country was gratified for the resumption of the dialogue with the members of the Committee and appreciated its efforts in terms of assisting the Bahamas in the implementation of the provisions of the Convention. The Bahamas was absolutely and unequivocally dedicated to the application of the Convention and other international human rights instruments, she added.

Members of the Bahamas delegation included Vernon E.L.Burrows, Director of Immigration, Ministry of Labour; Patrick Mackey, Senior Counsellor, Office of the Attorney-General; and Nicole L. Archer, Second Secretary, Permanent Mission of the Bahamas to the United Nations, New York.

As one of the 169 States parties to the International Convention, the Bahamas must present periodic reports to the Committee on its efforts to implement the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will consider individual communications in a closed meeting. At 10 a.m. on Monday, 1 March, the Committee is scheduled to consider under its review procedure the situation in States parties whose reports were seriously overdue. In the afternoon at 3 p.m., it will hold a thematic discussion on non-citizens and racial discrimination.

Reports of the Bahamas

The fifth to fourteenth periodic reports of the Bahamas (CERD/C/428/Add.1) contain information on the legislative, judicial, administrative and other measures taken by the State party. The reports cover a period of 20 years, and their compilation involved 14 government ministries and departments. The third and fourth periodic reports were submitted to the Committee in 1982 and were considered in the same year.

The reports note that the Government remains acutely aware that the repugnant practices of racism and racial discrimination in all their manifestations should have no place in the contemporary world and condemns such practices wherever and whenever they occur. There is no national legislation against racial discrimination except as provided by some provisions of the Constitution. Prohibition of racial discrimination is contained in article 26 of the Constitution that provides that no law shall make any provision that is either of itself or in effect discriminatory. It prohibits the discriminatory treatment of persons by any other person by virtue of any law or in the performance of the functions of any public authority.

The Government of the Bahamas is unequivocally opposed to, and does not sponsor, defend or support racial discrimination by any persons, organizations or countries, the reports note. This was clearly demonstrated during the era of the abhorrent system of apartheid, when the Bahamas was among the strongest of opponents for its demise.

Introduction of Reports

PAULETTE BETHEL, Permanent Representative of the Bahamas to United Nations Headquarters in New York, said her Government was pleased to be able to resume its dialogue with the Committee on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination in the Bahamas, and expressed regret at the prolonged delay between reporting cycles. She offered her Government’s assurances that it would make every effort to avoid a repetition of that break in the dialogue, and would resume the timely submission of the country’s periodic reports under the Convention.

The Government of the Bahamas was committed to combating and eradicating the evils of racism and racial discrimination at the national, regional and international levels, Ms. Bethel said. The country’s commitment to ensuring the dignity of the individual and promoting and protecting fundamental human rights and freedoms was reflected in its accession to the Convention and other human rights instruments.

Ms. Bethel said that ethnically speaking, the Bahamas had a relatively homogenous population, as approximately 85 per cent of the population was of Afro-Caribbean origin, while the remaining 15 per cent consisted largely of persons of Caucasian, Hispanic and Asian origin. The population had a high rate of literacy, standing at approximately 85 per cent, and a high level of participation within the political processes in the country. The most pressing issue with respect to the make-up of the population of the Bahamas stemmed from the problem of illegal immigration, largely from the Bahamas’ sister Caribbean country Haiti. However, the Government had made every effort to ensure that all persons in the country, regardless of race, ethnicity, nationality or immigration status, were accorded their human rights and fundamental freedoms and were ensured basic services and due process of law.

While there was no specific legislation in the Bahamas prohibiting racial discrimination, it was the position of the Government that the prohibitions entrenched in the Constitution were sufficiently comprehensive so as to encompass the definitions of racial discrimination, Ms. Bethel said. In addition to those constitutional provisions, there was specific legislation that imposed prohibitions on discrimination within specific fields, such as employment and extradition. There had been no reported cases of employment-related discrimination on the basis of race, ethnicity or gender in recent times. While the Bahamas actively pursued a “Bahamianization” policy, it was not based on racial or ethnic discrimination but rather on the desire to promote the employment of qualified Bahamians where possible, and to ensure, as far as possible, Bahamian ownership of the economy.

Ms. Bethel said that in the areas where there was no specific legislation in place, the provisions of the Constitution, both in letter and spirit, guaranteed that there was no discrimination on the basis of race or ethnicity. All persons were guaranteed equality under the law and due process of law with respect to civil and criminal matters. In the cases where discrimination was alleged, all persons might seek redress through the Supreme Court, including financial compensation. However, while the courts were willing and able to hear matters related to racial discrimination, to date there had been no decided cases in that area. With respect to political rights, there was no discrimination on the basis of race or ethnicity concerning voting or standing for political office, and all persons were guaranteed freedom of expression, assembly and movement.

The Bahamas faced a difficult situation vis-à-vis the continuing influx of undocumented immigrants, largely from Haiti, which placed a considerable strain on the social and economic resources and infrastructure of the country, Ms. Bethel said. However, the Government had made every effort to ensure that those immigrants did not face discrimination in the enjoyment of their fundamental human rights and freedoms.

In conclusion, Ms. Bethel reaffirmed her country’s unwavering commitment to the elimination of all forms of discrimination, including racism and racial discrimination, and pledged its continuing cooperation with the Committee and other members of the international community in meeting that goal.

Discussion

NOURREDINE AMIR, the Committee Expert serving as country rapporteur on the reports of the Bahamas, thanked the members of the delegation for the resumption of the dialogue with the Committee. The 48-page report was clear and concise and covered a 20-year period. The Government of the Bahamas had confirmed that there was no racial discrimination in the country. In 1975, when the Bahamas ratified the Convention, there was not a single piece of legislation which might interpret the provisions of the treaty. The delegation should share with the Committee how the State party had armed itself with the necessary legislative measures to deal with racial discrimination. It was also known that the Convention had influenced the drafting of the Constitution in the Bahamas. The Constitution contained a prohibition of racial discrimination in its provisions.

Mr. Amir appreciated the State party’s efforts in including information on the composition of the population, economic and social conditions, and the Bahamas international relations, particularly with the neighbouring United States. The Bahamas and the United States continued cooperating in the fight against drug trafficking and money laundering.

Mr. Amir said that in the absence of social indicators, the Committee could not determine whether social exclusion existed in the country. The indicators were significant to see if a given segment of the population was socially and economically discriminated against.

There were no laws punishing ideas of racial superiority, Mr. Amir said; however, a law had been put in place in relation to defamation, which provided for imprisonment up to two years. Article 12 of the criminal code differentiated acts committed intentionally or by negligent; but could the public understand such distinction? The importation of publications containing ideas of racial discrimination had also been prohibited.

With regard to the refugee situation, the rapporteur said that the Government continued to provide assistance to asylum seekers and refugees. It had also stated that it kept some of them in detention centres. What were the criteria to determine whether individuals were political or economic refugees? While taking steps to expel a refugee, did the Government take into consideration his or her fate in the country of destination?

Other Committee Experts also raised a series of questions. An Expert said that the reservation made by the State party with regard to article 4 of the Convention should be withdrawn. Article 4 was on measures to condemn organizations based on ideas of racial superiority. Concerning the situation of undocumented illegal immigrants, the State should take further measures to regularize their situation.

Another Expert said he was happy to see a delegation from the Bahamas after a 20-year absence. Concerning the implementation of article 4 of the Convention, the existing provisions were not sufficient to meet the requirements of that article. He suggested that provisions should be added to aggravating crimes based on racial discrimination, as done in many other countries. It would be interesting to know what judicial provision was applied with regard to the detention centres of St. Michael. It had been reported that without respect for international law and without profound examination of their cases, asylum seekers from Cuba had been sent back to their country.

An Expert asked if cases of racial discrimination committed by the police had been reported, and if the cases were investigated and the perpetrators prosecuted.

Joining the previous speakers in appreciating the presence of the delegation, another Expert regretted that the report affirmed that indigenous persons did not form part of the Bahamian society.

Reacting, the delegation said that the first Bahamians, about whom there was tangible evidence, were the Lucayan Amerindians, a peaceful people whom Christopher Columbus met when he invaded their island in 1492. They had withered away and they were no more considered as part of the Bahamian society.

Asked if the Government was intending to conduct a census to establish a breakdown of the country’s demographic composition, the delegation said that since the population was almost homogenous, there was no need to compile data based on racial belonging. The racial composition of the population of 85 per cent of Afro-Caribbean origin and 15 per cent of Caucasian, Hispanic and Asian origin had remained constant over the years.

Concerning the census conducted in 2002, the delegation said that questions were put to individuals concerning what nationality they were holding at the time; and no inquiry was made on their racial or ethnic origin. During that time 20,400 individuals had responded that they were Haitians. The number of illegal immigrants in the country was unknown.

No complaints of cases of racial discrimination had so far been lodged in courts, the delegation said. A legal provision had been put in place for a complaints procedure with regard to racial or ethnic discrimination. Individuals could bring cases of discrimination to the courts whenever they felt they were victims of such acts.

The educational act of the State party was applicable to all children residing in the country who were between 5 to 16 years of age, the delegation said. Bahamian and foreign children enjoyed the same educational rights and no act of discrimination was exercised in the admission of foreign children in Bahamian schools.

There was no discrimination in accession by immigrants to housing and employment, the delegation said. The Government had continued to regularize the situation of illegal migrants in the country. In the past, 30,000 foreigners had been granted citizenship while 10,000 work permits had been issued. The agreement signed between Haiti and the Bahamas had led to the regularization of Haitians already living in the Bahamas.

The policy of “Bahamianization” in employment was designed to build capacity among citizens in key labour sectors, the delegation said. It was in no manner aimed at discriminating against foreigners. Immigrants from Haiti were mainly engaged in farming, an occupation that was not of interest for the Bahamians.

All detention centres were subjected to judicial control and the United Nations High Commissioner for Refugees (UNHCR) had access to those centres, the delegation said. Upon request, non-governmental organizations had also been granted access to visit the detainees. Besides the Carmichael Road detention centre, the Government was envisaging to set up a reception and screening centre in one of its islands situated near Haiti.

The Bahamas complied with the provisions of the 1951 Convention on the Status of Refugees and the 1967 Protocol in dealing with asylum seekers, the delegation said. All asylum seekers were not automatically detained by the authorities before preliminary inquiries on the situation of the individuals. According to the 1995 memorandum of understanding reached between Cuba and the Bahamas, illegally arriving Cubans could be detained and returned with the exception of those who could be considered for the refugee status.

Asked about the current situation in Haiti, the delegation said that the Government of the Bahamas was intimately involved in the current situation in Haiti. The Government would do its best to cope with the situation as it might arise. It was anticipated that the situation might result in an influx of refugees from that country.


Preliminary Remarks

NOURREDINE AMIR, the Committee Expert who served as country rapporteur to the reports of the Bahamas, said that the replies provided by the delegation were based on clarity, truth, honesty and integrity. The most difficult questions had received simple replies from the delegation, which resolved the problem. The Committee will reflect all those facts while drafting its conclusions on the reports of the Bahamas.

Remarks by Delegation

PAULETTE BETHEL, Permanent Representative of the Bahamas to United Nations Headquarters, said her country was gratified by the resumption of the dialogue with the members of the Committee and appreciated its efforts in terms of assisting the Bahamas in the implementation of the provisions of the Convention. The Bahamas was absolutely and unequivocally dedicated to the application of the Convention and other international human rights instruments. The State party’s commitments were not limited within its boundaries but beyond.