Nassau, Bahamas - Communication By
The Rt. Hon. Perry G. Christie, M.P.
Prime Minister and Minister of
Finance
During the
Constitutional Amendments Debate
On August 18, 2014
In the House of Assembly:
TALKING POINTS:
DEBATE OF CONSTITUTIONAL BILLS
RESTORATION OF BIPARTISAN UNITY
Gratifying to me that
substantial unanimity appears to have been restored, as between the Government
and the Opposition, on the four bills.
I commend the Leader of the
Opposition and his colleagues for seeing their way clear to take this
supporting position once again.
In this regard, I cannot
tire of repeating that robust and sustained bi-partisan support is absolutely
essential to the success of this constitutional reform exercise. We started down this path together. We seem
to have been separated for a brief time last week but I’m happy that we now seem
to be moving in tandem in the same direction towards the same common purpose
once again.
Clearly, however, there are
still some differences between the Government and Opposition but these
differences appear to be technical rather than philosophical; differences that
relate more to how the bills are worded in some respects, rather than
differences as to the core-principles and core-objectives of the bills.
I’m confident that these technical
differences can be worked out between now and the time that the bills come out
of committee which will be the next stage of the legislative process.
And there’s nothing wrong
with that. There’s still time. Nothing
has been passed yet. Nothing has been etched in stone yet. So I welcome the
further input that the Opposition has indicated that they would like to make to
the tweaking of the bills.
I also welcome the further
input of the Opposition on matters related to the timing of, and preparations
for, the referendum, and how the Opposition thinks it might want to assist in
spreading the message of support for the bills. I know that the Constitutional
Commission has already engaged in consultations with the two main parties on
this; that it will continue to do so; and indeed that the Commission intends to
extend these consultations to the DNA and to other important groupings across a
broad spectrum of civil society, and to the religious community as well. In fact, three important meetings with religious
leaders have been held already and the next one is scheduled for the 4th
September.
No Coercion on anyone to toe the Party line
Need to speak to this,
particularly in light of some unfortunate comments made by the Member for Fort
Charlotte which conveyed the impression that members of the Government were
somehow under some compulsion to think or speak a certain way on the bills.
Nothing could be further
from the truth. I need to be very clear
on that. No Member of this House has, to my knowledge, been threatened or
bullied or coerced into supporting these bills.
What the Bills are about, inclusive of the new
amendments
Common Objective of the
Bills:
To outlaw discrimination
based on sex, that is to say, discrimination based on whether one is male or
female; and to give particular expression to this principle of non-discrimination
in relation to citizenship so that what has always applied exclusively to one
sex will in the future apply equally to both sexes, that is to say, to both men
and women.
Bill # 4 is the bill that
will enshrine the principle of equality between men and women; and bills 1, 2
and 3 will apply that principle to matters of citizenship.
And in this regard, let me
adopt, with complete approval, the very wise observation made by the Member for
Marathon this morning that these bills are not limited to protecting the rights
of women. These bills – especially bills
3 and 4 – are equally important for men as well.
In fact, bill # 3 is all
about giving Bahamian men the same right to pass citizenship to their children
born out of wedlock, a right that up to now only women have enjoyed. So men are the only real beneficiaries of the
change that will be brought about under Bill # 3. Women have always had the right in question
here.
Similarly, Bill # 4 is not
just for women. It will apply in equal
measure to men, protecting both men and women, from discriminatory treatment.
So, under Bill # 4, a man would have exactly the same right that a woman would
have to go to court to get relief if he can show that he is being discriminated
against based on his being a male.
So let’s be conscious of
that. These bills will be for the benefit of both men and women. Philosophically, the driving force behind all
the bills, all four of them, is the principle that we must cease, as a nation,
to base our laws and policies and administrative actions, on whether someone is
a male or female.
That is the long and short
of the four bills when viewed as a compendium.
Recapping the essence of each bill; updating the
snapshots that I gave in my initial communication three weeks ago
Bill # 1 : The Bahamas Constitution (Amendment) Bill,
2014
This bill seeks it seeks to
give a child born outside The Bahamas to a Bahamian-born mother and non-Bahamian
father the same right to Bahamian citizenship at birth that the Constitution
already gives to a child born outside The Bahamas to a Bahamian-born father and
a non-Bahamian mother. This bill is
therefore simply doing for Bahamian married mothers what it has done for
Bahamian married fathers for the past 41 years.
That’s the long and the short of it.
I need to emphasize once
again, as I have before, that the right to pass Bahamian citizenship to one’s
child under this Bill # 1 will only apply where the Bahamian parent is himself,
or herself, a native-born Bahamian. This
has always been the case in relation to Bahamian fathers of children born
abroad and this will not change when this right is extended to Bahamian mothers
of children born abroad. In either case,
only a native-born Bahamian will be able to pass citizenship to their children
born abroad.
I also want to re-affirm
that although this bill # 1, like all of the bills, will only apply going
forward - not retroactively - my government, as a matter of administrative
policy, will grant Bahamian citizenship to all applicants born abroad after
July 9th, 1973 (and before the law changes) to a Bahamian-born
mother and non-Bahamian father, subject, of course, to the exceptions, and in
accordance with the procedures, prescribed under the Bahamas Nationality Act
Bill
#2 : The Bahamas Constitution (Amendment) (No.2) Bill, 2014
Bill # 2 also seeks to
achieve equality between men and women in another respect under the
Constitution: it seeks to enable a foreign spouse of a Bahamian citizen to
apply for and obtain - I repeat to
apply for and obtain -
citizenship provided that he or she meets the prescribed criteria laid down in
the Bahamas Nationality Act in relation to national security and public
policy…and….subject to ensuring that the foreign spouse is not a convicted
criminal, and subject further to ensuring that it is not a sham or bogus
marriage that is in play.
Only if the foreign spouse
can meet that criteria can he or she qualify for citizenship. It is not automatic and anyone who tells you
otherwise is simply wrong!
Bill
#3 : The Bahamas Constitution (Amendment) (No.3) Bill, 2014
Bill # 3, as I said just a few moments ago, is of special
importance because it seeks to lift the burden of discrimination off the backs
of Bahamian men in one area of citizenship in which they are discriminated
against.
An unwed Bahamian father cannot at present pass his
citizenship to a child born to a foreign woman.
This bill seeks to change that.
It will give an unwed Bahamian father the same right to pass citizenship
to his child that a Bahamian woman has always had under the Constitution in
relation to children born out of wedlock.
This
bill, however, will require proof of paternity before citizenship can be passed
by a Bahamian father to a child born out of wedlock.
In
this regard, the
Status of Children Act is being amended to not only
apply it to matters of citizenship but also to ensure that the usual methods of
proving paternity will not be avilable to secure a right as sacred as
citizenship. Instead, DNA testing will
be required as proof of paternity.
Bill #4 : The Bahamas Constitution (Amendment) (No.4) Bill, 2014
Finally, Bill #4 seeks to
end discrimination based on sex. This will involve the insertion of the word
“sex” in Article 26 of the Constitution so as to make it unconstitutional to
discriminate based on a whether someone is male or female. In addition, there will be a new amendment
designed to allay fears that this might somehow open the door to same-sex
marriages. In this regard, it is now
proposed to insert a definition of “sex” as meaning male or female.
I do not need to enter into
the debate on the law pertaining to this issue because it has already been
dealt with most ably by the Member for South Eleuthera, the Member for Marathon
and by the Member for Cat Island.
I merely repeat what I said
before. Bill #4 will
not
make same-sex marriages lawful. Such
unions are already treated as void under the
Matrimonial Causes Act and
they will continue to be void if Bill #4 is enacted into law.
SIMPLIFICATION OF QUESTIONS:
I am happy that the
Constitutional Commission has recommended a simplification of the referendum
questions. It is therefore proposed that the questions will be simplified to
read as follows:
BILL #1
Do you approve of The Bahamas
Constitution (Amendment) Bill 2014?
Under
this proposed change to the Constitution, a child born outside The Bahamas
would become a Bahamian citizen at birth if either its mother or father is a
citizen of The Bahamas by birth.
BILL #2
Do you approve of The Bahamas
Constitution (Amendment) (No. 2) Bill 2014?
Under
this proposed change to the Constitution, the foreign spouse of a Bahamian
citizen would be able to obtain citizenship subject to satisfying:-
(i)
existing
national security and public policy considerations; and
(ii)
new
provisions guarding against marriages of convenience.
BILL #3
Do you approve of The Bahamas
Constitution (Amendment) (No. 3) Bill 2014?
Under
this proposed change to the Constitution, a Bahamian father of a child born out
of wedlock would be able to pass his citizenship to that child subject to legal
proof that he is the father.
BILL #4
Do you approve of The Bahamas
Constitution (Amendment) (No. 4) Bill 2014?
Under
this proposed change to the Constitution, it would be unlawful to discriminate
based on sex, and “sex” would be defined as meaning male or female.
___
Communication By
The Rt. Hon. Perry G. Christie, M.P.
Prime Minister and Minister of
Finance
During the
Constitutional Amendments Debate
On August 18, 2014
In the House of Assembly
TALKING POINTS:
DEBATE OF CONSTITUTIONAL BILLS
RESTORATION OF BIPARTISAN UNITY
Gratifying to me that
substantial unanimity appears to have been restored, as between the Government
and the Opposition, on the four bills.
I commend the Leader of the
Opposition and his colleagues for seeing their way clear to take this
supporting position once again.
In this regard, I cannot
tire of repeating that robust and sustained bi-partisan support is absolutely
essential to the success of this constitutional reform exercise. We started down this path together. We seem
to have been separated for a brief time last week but I’m happy that we now seem
to be moving in tandem in the same direction towards the same common purpose
once again.
Clearly, however, there are
still some differences between the Government and Opposition but these
differences appear to be technical rather than philosophical; differences that
relate more to how the bills are worded in some respects, rather than
differences as to the core-principles and core-objectives of the bills.
I’m confident that these technical
differences can be worked out between now and the time that the bills come out
of committee which will be the next stage of the legislative process.
And there’s nothing wrong
with that. There’s still time. Nothing
has been passed yet. Nothing has been etched in stone yet. So I welcome the
further input that the Opposition has indicated that they would like to make to
the tweaking of the bills.
I also welcome the further
input of the Opposition on matters related to the timing of, and preparations
for, the referendum, and how the Opposition thinks it might want to assist in
spreading the message of support for the bills. I know that the Constitutional
Commission has already engaged in consultations with the two main parties on
this; that it will continue to do so; and indeed that the Commission intends to
extend these consultations to the DNA and to other important groupings across a
broad spectrum of civil society, and to the religious community as well. In fact, three important meetings with religious
leaders have been held already and the next one is scheduled for the 4th
September.
No Coercion on anyone to toe the Party line
Need to speak to this,
particularly in light of some unfortunate comments made by the Member for Fort
Charlotte which conveyed the impression that members of the Government were
somehow under some compulsion to think or speak a certain way on the bills.
Nothing could be further
from the truth. I need to be very clear
on that. No Member of this House has, to my knowledge, been threatened or
bullied or coerced into supporting these bills.
What the Bills are about, inclusive of the new
amendments
Common Objective of the
Bills:
To outlaw discrimination
based on sex, that is to say, discrimination based on whether one is male or
female; and to give particular expression to this principle of non-discrimination
in relation to citizenship so that what has always applied exclusively to one
sex will in the future apply equally to both sexes, that is to say, to both men
and women.
Bill # 4 is the bill that
will enshrine the principle of equality between men and women; and bills 1, 2
and 3 will apply that principle to matters of citizenship.
And in this regard, let me
adopt, with complete approval, the very wise observation made by the Member for
Marathon this morning that these bills are not limited to protecting the rights
of women. These bills – especially bills
3 and 4 – are equally important for men as well.
In fact, bill # 3 is all
about giving Bahamian men the same right to pass citizenship to their children
born out of wedlock, a right that up to now only women have enjoyed. So men are the only real beneficiaries of the
change that will be brought about under Bill # 3. Women have always had the right in question
here.
Similarly, Bill # 4 is not
just for women. It will apply in equal
measure to men, protecting both men and women, from discriminatory treatment.
So, under Bill # 4, a man would have exactly the same right that a woman would
have to go to court to get relief if he can show that he is being discriminated
against based on his being a male.
So let’s be conscious of
that. These bills will be for the benefit of both men and women. Philosophically, the driving force behind all
the bills, all four of them, is the principle that we must cease, as a nation,
to base our laws and policies and administrative actions, on whether someone is
a male or female.
That is the long and short
of the four bills when viewed as a compendium.
Recapping the essence of each bill; updating the
snapshots that I gave in my initial communication three weeks ago
Bill # 1 : The Bahamas Constitution (Amendment) Bill,
2014
This bill seeks it seeks to
give a child born outside The Bahamas to a Bahamian-born mother and non-Bahamian
father the same right to Bahamian citizenship at birth that the Constitution
already gives to a child born outside The Bahamas to a Bahamian-born father and
a non-Bahamian mother. This bill is
therefore simply doing for Bahamian married mothers what it has done for
Bahamian married fathers for the past 41 years.
That’s the long and the short of it.
I need to emphasize once
again, as I have before, that the right to pass Bahamian citizenship to one’s
child under this Bill # 1 will only apply where the Bahamian parent is himself,
or herself, a native-born Bahamian. This
has always been the case in relation to Bahamian fathers of children born
abroad and this will not change when this right is extended to Bahamian mothers
of children born abroad. In either case,
only a native-born Bahamian will be able to pass citizenship to their children
born abroad.
I also want to re-affirm
that although this bill # 1, like all of the bills, will only apply going
forward - not retroactively - my government, as a matter of administrative
policy, will grant Bahamian citizenship to all applicants born abroad after
July 9th, 1973 (and before the law changes) to a Bahamian-born
mother and non-Bahamian father, subject, of course, to the exceptions, and in
accordance with the procedures, prescribed under the Bahamas Nationality Act
Bill
#2 : The Bahamas Constitution (Amendment) (No.2) Bill, 2014
Bill # 2 also seeks to
achieve equality between men and women in another respect under the
Constitution: it seeks to enable a foreign spouse of a Bahamian citizen to
apply for and obtain - I repeat to
apply for and obtain -
citizenship provided that he or she meets the prescribed criteria laid down in
the Bahamas Nationality Act in relation to national security and public
policy…and….subject to ensuring that the foreign spouse is not a convicted
criminal, and subject further to ensuring that it is not a sham or bogus
marriage that is in play.
Only if the foreign spouse
can meet that criteria can he or she qualify for citizenship. It is not automatic and anyone who tells you
otherwise is simply wrong!
Bill
#3 : The Bahamas Constitution (Amendment) (No.3) Bill, 2014
Bill # 3, as I said just a few moments ago, is of special
importance because it seeks to lift the burden of discrimination off the backs
of Bahamian men in one area of citizenship in which they are discriminated
against.
An unwed Bahamian father cannot at present pass his
citizenship to a child born to a foreign woman.
This bill seeks to change that.
It will give an unwed Bahamian father the same right to pass citizenship
to his child that a Bahamian woman has always had under the Constitution in
relation to children born out of wedlock.
This
bill, however, will require proof of paternity before citizenship can be passed
by a Bahamian father to a child born out of wedlock.
In
this regard, the
Status of Children Act is being amended to not only
apply it to matters of citizenship but also to ensure that the usual methods of
proving paternity will not be avilable to secure a right as sacred as
citizenship. Instead, DNA testing will
be required as proof of paternity.
Bill #4 : The Bahamas Constitution (Amendment) (No.4) Bill, 2014
Finally, Bill #4 seeks to
end discrimination based on sex. This will involve the insertion of the word
“sex” in Article 26 of the Constitution so as to make it unconstitutional to
discriminate based on a whether someone is male or female. In addition, there will be a new amendment
designed to allay fears that this might somehow open the door to same-sex
marriages. In this regard, it is now
proposed to insert a definition of “sex” as meaning male or female.
I do not need to enter into
the debate on the law pertaining to this issue because it has already been
dealt with most ably by the Member for South Eleuthera, the Member for Marathon
and by the Member for Cat Island.
I merely repeat what I said
before. Bill #4 will
not
make same-sex marriages lawful. Such
unions are already treated as void under the
Matrimonial Causes Act and
they will continue to be void if Bill #4 is enacted into law.
SIMPLIFICATION OF QUESTIONS:
I am happy that the
Constitutional Commission has recommended a simplification of the referendum
questions. It is therefore proposed that the questions will be simplified to
read as follows:
BILL #1
Do you approve of The Bahamas
Constitution (Amendment) Bill 2014?
Under
this proposed change to the Constitution, a child born outside The Bahamas
would become a Bahamian citizen at birth if either its mother or father is a
citizen of The Bahamas by birth.
BILL #2
Do you approve of The Bahamas
Constitution (Amendment) (No. 2) Bill 2014?
Under
this proposed change to the Constitution, the foreign spouse of a Bahamian
citizen would be able to obtain citizenship subject to satisfying:-
(i)
existing
national security and public policy considerations; and
(ii)
new
provisions guarding against marriages of convenience.
BILL #3
Do you approve of The Bahamas
Constitution (Amendment) (No. 3) Bill 2014?
Under
this proposed change to the Constitution, a Bahamian father of a child born out
of wedlock would be able to pass his citizenship to that child subject to legal
proof that he is the father.
BILL #4
Do you approve of The Bahamas
Constitution (Amendment) (No. 4) Bill 2014?
Under
this proposed change to the Constitution, it would be unlawful to discriminate
based on sex, and “sex” would be defined as meaning male or female.