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Constitutional Commission speaks to Sandals Resorts staff on Gender Equality Referendum‏
By Khashan Poitier
May 29, 2016 - 5:22:16 PM

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Nassau, Bahamas - Presently, under the law, children of unwed Bahamian men are not recognized as Bahamians, although children of unwed Bahamian women are. The June 7 Gender Equality referendum poses to change that.

Speaking to staff at Sandals Royal Bahamian Spa Resort and Offshore Island on Thursday, retired Justice Rubie Nottage, attorney Brandace Duncanson and aspiring attorney Rashad Flowers—members of the Bahamas Constitutional Committee explained the implications of the 4 proposed Bills.

Nottage explained that, if passed, Bills 1, 2 and 3 would allow Bahamian men and women to pass citizenship to their children with equal protection of the law. While Bill 4 would protect both men and women from any further discriminatory laws in the Bahamas.

Earlier this week, the Bills unanimously passed in the Senate.

The plan to educate Bahamian voters about the four Bills has come under heavy scrutiny by civic and political leaders, including, most recently, by Opposition leader, Dr. Hubert Minnis, who described the process as “shoving it down their throats.”

Nevertheless, influencers from both sides of the debate have taken to the media to expressed their points of view with hopes of gaining “No” and “Yes” votes for the four Bills. The educational arm of the Constitutional Commission have taken the task of simplifying the proposed legislature and dismissing any mistruths associated with each.

For instance, as Duncanson explained regarding Bill 3 of the proposed law, “where there is marriage, the children take on the citizenship of their (Bahamian-born) father. Where there is no marriage, children take on the citizenship of their (Bahamian-born) mother” regardless of whether the child was born in the Bahamas or not. Moreover, the current laws do not afford married Bahamian women the same right to pass on their citizenship.

The amendment would therefore provide equal rights for children born to either a married Bahamian father or mother, while children of an unwed Bahamian father would be subject to DNA proof.

“When these Bills were tabled in the communication in the House of Assembly by the honorable Prime Minister, he committed the Government to register those children who are affected by the law and… and grant citizenship to those children,” said Duncanson.

As for Bill 4, Nottage stressed that this legislature primarily proposes that no future discrimination laws can be enacted and, because existing laws prohibits same sex marriages in the Bahamas, talks about hidden agendas are unwarranted.

The members of the Constitutional Commission told the Sandals staff that Bill 4 mainly sets the foundation for Bahamian children to be equal under the law. In more than one instance, the Bahamas Constitution explicitly states that marriage is considered a union between a man and a woman. Anything else will not and cannot be recognized.



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