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Office of The Minister of Transport & AviationP O Box N-7132, 3rd Floor, Manx Corporate Centre, West Bay Street, Nassau, Bahamas
T: 1-242-397-5529 328-2701-5 322-4546 F: 328-1324E: pompeybay@hotmail.com or barbarampinder@hotmail.com (Secretary)
PRESENTATION TO HOUSE OF ASSEMBLYBY
THE HON. GLENYS HANNA MARTINMEMBER OF PARLIAMENT
FOR THE ENGLERSTON CONSTITUENCY
ON THE AMENDMENTTO THE CONSTITUTION BILLS
House of Assembly
Nassau, Bahamas
Wednesday, 6 August, 2014
Mr Speaker, I rise on behalf of Bahamians everywhere
to move the second reading of –
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1)The Bahamas Constitution (Amendment Bill 2014
2)The Bahamas Constitution (Amendment) (No.
2)Bill 2014
3)The Bahamas Constitution (Amendment) (No.
3)Bill 2014
4)The Bahamas Constitution Amendment) (No. 4)
Bill
5)The Status of Children (Amendment) Bill 2014
I again thank the good people of Englerston who have
allowed me to sit in this Honourable House and to be
able to stand in this place on this morning to move a
second reading of these Bills.
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Mr Speaker, I wish to begin before commencing this
important debate, by first thanking the Bahamian
athletes who comprised the Bahamian team and
represented our country at the recent Commonwealth
Games in Scotland.
Please allow me to especially commend the historic
silver medal win by Arianna Vanderpool Wallace in the
50 metres butterfly swimming event and the new
national record set in that event and the silver medal
win of the men’s 4 x 400 metres relay team and for me,
especially Chris Brown.
In the case of Arianna’s spectacular medal
performance, one of the daily newspapers reports that
while being interviewed tears flowed and she is
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quoted as saying she hoped that the Bahamian people
will understand just how precious the moment has
been for her.
#“I wanted it so badly for the Bahamas, not just for
myself,” she said as her voice started to crack with
emotion. “I had a chance to put the Bahamas on the
map and to make people realise that we are a force to
reckon with.
#“We had all of the other swimmers swimming here
and doing exceptionally well, so its been a great meet
for the Bahamas.”
#“Thanks to everybody for their support. I’ve been
getting a lot of Twitter messages, Facebook
messages and emails from people all over the world
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that I’ve never met before, but you have been rooting
for me coming from such a small country,” she
summed up. “So it means a lot to me.”
Mr Speaker, we note in her comments the recurring
reference to “we” and how she perceives her
achievement as a collective one shared by us, the
“we.”
We in this country have been watching and speaking
nationally about this young woman perhaps from the
days of her pre-teens: she has over the years shown
such determination, audacity and courage in seeking
to break new ground for our country. She has done
this and Mr. Speaker, we are not talking track and
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field, we are speaking of swimming. She is a
trailblazer.
Mr Speaker, I wish also to use this moment to say a
little something of Chris Brown, who, in my humble
opinion, epitomizes much of what is good in our
country.
Over time he has become more focused.
He has exhibited greater professional maturity.
He has become more skilled in his craft, while at the
same time honing his leadership abilities,
purposefully mentoring new and up and coming
athletes.
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All the while, with each success, each groundbreaking
milestone, he has maintained his humility and
constantly exhibited dignity and sober pride in being
Bahamian. He has become an exceedingly admirable
person, indeed an inspiration in our country’s
development.
The one constant has been the “heart” he has
exhibited on the track: wearing the colours of this
nation which appears as nothing more than little dots
on the world globe;
He has the heart of a giant: the heart of a champion
which is so reflective of the spirit of the Bahamian
people.
It is that same heart we see in young Arianna.
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In the case of both Arianna and Chris Brown we know
the victory is not simply personal to these individuals
but are achievements made for and on behalf of the
Bahamian people. That is why they speak of the “we”
and not the “I.”
It is the examples of the likes of citizens such as
Arianna Vanderpool Wallace and Chris Brown and the
so many others in all the spheres of human
endeavour, in the arts and sciences, in cultural
exposition, in the daily service to our people and the
greater good that are powerful reminders and a
material reiteration that we have such a wonderful
country.
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It is no accident that I in the beginning of this
presentation have used these two examples as a
foreword to this debate on citizenship and on the men
and women citizens of this country. It is intentional
that I have sought to refer to that intangible that
powerfully connects us as a people.
I have spoken of these two incredible athletes
although there are many examples in our national life.
Indeed these references are key to my case.
Mr Speaker, to us, The Bahamas is special.
We have our many vexing challenges and it is
because we love and care for and greatly value this
country that we do experience grave concern in the
face of these challenges; however, Mr Speaker, we
must always keep central to our focus that despite
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these challenges at the core we have a great nation
and a gifted people: a marvellous citizenry.
And even after 41 years of Independence as we as a
people seek to continue shaping our country and
properly defining our national identity: we at the same
time continue to ensure that our values and mores are
strengthened and sustained.
We endeavour to ensure a society undergirded by
equity, justice and fairness and to coerce a humane
society in which all of our people find a place of
wholeness and peace.
Mr Speaker this cannot be mere rhetoric spewed in
this Parliament but an absolute and faithful
commitment to the healthy growth of our nation.
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This business of purposefully and consciously
shaping and moulding and defining and refining our
country is especially important if we reflect upon the
historical evolution of this country and its people.
Indeed just two days ago we commemorated the
anniversary of the freeing of slaves who were
descended from Africa, our ancestors, by the public
holiday called Emancipation Day.
At one time we diplomatically called it “August
Monday” but the name “Emancipation” reiterates our
journey and places a contextual reminder of our duty
to be good to one another.
This is not fantasy or politics or anything other than
an historical fact.
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The Debate today begins yet another critical step in
the purposeful shaping of our social reality, in the
pursuit of equity, fairness, justice, equality.
We are reminded too that this debate is one based on
conscience.
There is no whip on any member of this House, at
least not on this side of the House. Each member will
speak to the Bills in accord with his or her
conscience.
Mr Speaker, fundamentally the Bills before this House
touch and concern two highly important and sensitive
issues: that of full equality under our constitution
between men and women citizens and secondly the
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issue of citizenship itself: these two issues are largely
intertwined in these Bills.
Mr. Speaker, the issue of citizenship is an extremely
emotive issue: it is one that is very personal and
intimate to the psychi of our people and in its impact
to a country and it is a turf of which Bahamians are
highly protective.
The fact, therefore that this issue is now upon the
table for decision-making is a matter of great import. It
is one that all Bahamians who are eligible to vote must
participate in. Each voice must be heard and counted
in this matter as it touches upon entrenched
provisions of our Constitution and goes to the core of
our national reality.
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This is not a PLP/ FNM/ DNA moment: those moments
come every 5 years and lots and lots in between. This,
however, is a moment that will be of a most enduring
and deeply transformative effect.
Today begins therefore a very critical intervention in
our nation’s history and in our social evolution as a
people.
It is very serious business.
We are today moving amendments to specific clauses
of our Constitution: these are what are called
“entrenched” clauses of our constitution.
These are not ordinary provisions and the
Constitution provides for an extraordinary procedure
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should at any time there be an effort to amend or in
any way alter such entrenched provisions.
Article 54 (1) of the Constitution provides-
Subject to the provisions of this Article,
Parliament may, by an Act of Parliament passed by
both Houses, alter any of the provisions of this
Constitution or
(in so far as it forms part of the law of The Bahamas)
any of the provisions of The Bahamas Independence
Act, 1973.
The Article further outlines a number of Articles in the
Constitution including those under consideration
today namely Articles 8, 9, 10, 14, 26 and prescribes a
special procedure for the alteration of these
provisions which relate to the transmission of
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citizenship and the clause prohibiting discrimination
which is among the fundamental rights under the
Constitution,
Article 54 states that where such provisions are
sought to be altered as follows;-
A Bill for an Act of Parliament under this Article shall
not be passed by Parliament unless —
(i) at the final voting thereon in each House it is
supported by the votes of not less than three
quarters of all the members of each House; and
(ii) the Bill, after its passage through both Houses
has been submitted to the electors qualified to
vote for the election of members of the House of
Assembly and, on a vote taken in such manner
as Parliament may prescribe the
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majority of the electors voting have approved
the Bill.
Our Constitution makes these provisions
“entrenched” that is that they cannot be altered by any
ordinary Parliamentary process and provides that any
amendment to these specific clauses must first be
passed by a mandatory 3/4ths vote taken in both this
House and the Senate but thereafter and further a
referendum of the People must be held who will be
called upon as provided for in our Constitution to vote
‘yes’ or ‘no’ to the proposed amendments.
A simple majority of voters will determine the
outcome.
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This extended process is therefore mandated by the
Constitution as it relates to those provisions that
touch upon the principles of citizenship and the
fundamental rights and freedoms of the individual and
which are entrenched in our Constitution.
Today begins that process but in truth the process
began before today.
This is not the first attempt at constitutional reform of
entrenched provisions in this country since
Independence: We will recall that in February 2002 a
constitutional referendum was held to seek to alter a
number of Articles including the entrenched
provisions in question today namely Articles 8 and 9
and 10 along with an array of other issues of
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constitutional reform such as the Boundaries
Commission and the retirement age of judges, among
other things.
Mr Speaker, I have my own views as to why that effort
was not successful but in the interest of avoiding
controversial ground and because both sides of this
House have committed to unanimity in this process to
avoid a political divide as Bahamians soberly consider
what is before them , I will simply quote from the
Report of the Constitutional Commission which seeks
to place the previous attempt in context and I quote:-
“It is not the place of this Commission to attempt to
speculate as to the reasons for the failure of the 2002
national referendum. Observers of the process,
including academics, political scientists, and voters
have referred to a confluence of events—
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contamination of the referendum by other political
controversies; the imminence of a general election;
decidedly mixed feelings among the electorate as to
the citizenship-related aspects of the gender-equality
issue; the complexity of the Bills; and the lack of
public education— all of which may have played a part
in varying degrees of importance. The Commission
merely records these observations in passing
because, as has been highlighted in the foreword, the
2002 referendum (as well as the more recent gambling
referendum) has important implications for the
process of constitutional reform on which we have
embarked. This is particularly so when illuminated by
the recent response of Caribbean electorates to
referenda (some of which are referred to in the body of
the report). The Commission has taken onboard
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the lessons of these failed processes. They dare not
be ignored”.
And Mr Speaker, for clarity, however, and to avoid any
confusion the gambling referendum referred to in that
quote was not a national constitutional referendum
and was therefore not legally binding.
The national constitutional referendum which is to
take place after this debate after having attained
3/4ths vote in both houses of parliament and pursuant
to Article 54 of the Constitution is, however, legally
binding on all and, if agreed upon by a majority of the
voters, will lead forthwith to an amendment to the
Constitution or otherwise depending on the outcome
of the vote. This , I believe, highlights the
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importance of every eligible voter ensuring their voice
is heard in the matter of their constitution.
I believe the point which the Commission sought to
make, however, is that process is important in the
undertaking of such an exercise especially as it
relates to the Constitution and especially entrenched
provisions of the constitution and that the outcome
prior exercises are lessons learned.
Process in constitutional reform is not only
absolutely critical but mandatory.
Mr. Speaker, in August 2012 a Constitutional
Commission was appointed by the Prime Minister.
In a Communication to Parliament the Prime Minister
said “I wish to inform this Honourable House and the
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general public that my government has appointed a
new Constitutional Commission to conduct a
comprehensive review of the Constitution of The
Bahamas, and to recommend changes to the
Constitution in advance of the 40th anniversary of
Independence next year. These changes will require a
national referendum to be held in due course so that
the will of the people can be determined on the matter.
Former Attorney-General, Sean McWeeney, QC, will be
the chairman of the Constitutional Commission. Mr.
Loren Klein, Chief Counsel in the Chambers of the
Attorney-General, will, in addition to being a member,
serve as the technical co-ordinator of the
Commission's Secretariat. The other members of the
Commission will be former Attorney-General and
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former Minister of Education, Mr. Carl Bethel, Mrs.
Rubie Nottage, Mr. Mark Wilson, Mr. Lester Mortimer,
Mrs. Tara Cooper-Burnside, Mr. Michael Stevenson,
Dr. Olivia Saunders, Mr. Michael Albury, Ms. Chandra
Sands, Ms. Brandace Duncanson and Mrs. Carla
Brown-Roker.
At the end of its work, almost one year later, the
Commission produced a report which was delivered in
July of last year on the nation’s 40th anniversary of
Independence.
The Report describes the process undertaken by the
Commission in its wide-ranging consultation with the
Bahamian people.
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The Commission in its Report advises that the primary
source for obtaining public feedback was by way of
holding public meetings, 30 meetings in all which the
Report says was attended in total by some 2,183
persons. These meetings were held in Nassau and in
all of the major inhabited islands of The Bahamas.
Additionally the Commission established a webpage
on the main Government web site which established
links relevant to the issues and posted written
submissions for the consideration of the general
public.
Further representatives of the Commission attended
broadcast and talk shows to share pertinent
information and to receive feedback from callers. The
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Report indicates that the Commission invited private
individuals, special interest groups and civil society
generally to submit written recommendations to the
Commission.
The preparation for possible constitutional reform has
therefore been the subject of lengthy, prolonged and
extensive dialogue using multimedia, diverse
approach strategies and touching every major
inhabited island throughout our archipelago.
Out of this process came a number of
recommendations for reform and I will come later to
those recommendations which form the basis of the
Bills before this Honourable House today.
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Mr Speaker, Our Constitution is the Supreme law of
our Commonwealth.
Its contents is the product of a collective vision for our
country forged by our nation’s founding fathers and
concluded in December 1972 at the Bahamas
Independence Conference in London, England just
months before our national independence on July 10th
1973.
This independence conference followed a General
Election in which the then government in seeking re-
election campaigned upon the singular issue of
national independence: Mr Speaker, the Bahamian
people spoke loud and clear providing the then
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government with a mandate of 29 of a total of 38 seats.
The Bahamian people decided in clear terms upon a
course of national sovereignty.
At that Conference in London on behalf of the
Bahamian people was a group of men forming a bi-
partisan delegation and now referred to as the
“framers of the constitution”. This delegation
comprised the then Premier Lynden Pindling our
nation’s first Prime Minister and today known as the
father of our country and who led the government
delegation of Arthur D. Hanna, Milo Butler, Carlton
Francis, Clement T Maynard, Paul Adderley, George A.
Smith, Loftus Roker, Philip Bethel, Cadwell
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Armbrister and Henry Bowen and the opposition
delegation led by Kendal G. L. Isaacs and comprising
Arthur Foulkes, Orville Turnquest and Norman
Solomon. Mr Speaker it is of note that only 6 of this
original 15 member delegation are alive today.
.
The new constitution which was concluded at that
conference in December 1972, came into effect in July
1973 upon our national independence and it provided
the legal framework for a new and sovereign Bahamas
and included, inter alia, entrenched provisions on how
citizenship is attained, entrenched provisions for the
protection of the fundamental rights and freedoms of
the individual, provisions regarding the Parliament,
the Executive, the Judiciary and the Public Service.
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It was the document which was to provide the
framework for and to further define our new nation
and its goals.
It marked the inception of our national identity as a
sovereign nation. Our Constitution therefore sits
solidly front and central in our national existence.
The first Article the Constitution provides that The
Commonwealth of The Bahamas shall be a Sovereign
Democratic State.
Article 2. declares that our Constitution is the
supreme law of the Commonwealth of The Bahamas
and, subject to the provisions of the Constitution, if
any other law is inconsistent with the Constitution,
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this Constitution (our Constitution) shall prevail and
the other law shall, to the extent of the inconsistency,
be void. That is the provisions of the Constitution are
the supreme law of our Commonwealth which no law
can contravene.
Article 30, however, anticipated that there were
existing laws which would be preserved and not found
to be inconsistent with Articles 16 to 27 which embody
what is known as the fundamental rights and
freedoms provisions.)
The Articles we place before the Bahamian people for
alteration with the support of both sides of this House
as demonstrated in the Communications of the Prime
Minister and the Leader of the Opposition two weeks
ago are the entrenched Articles which provide for the
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transmission of citizenship and for the elimination of
discrimination based on sex.
Specifically:
1) The Bahamas Constitution (Amendment) Bill 2014,
the first Bill seeks to repeal and replace Article 8 and
repeal completely article 9 of the constitution.
Article 8 of our Constitution states that -
8. A person born outside The Bahamas after 9th July
1973 shall become a citizen of The Bahamas at the
date of his birth if at that date his father is a citizen of
The Bahamas otherwise than by virtue of this Article
or Article 3(2) of this Constitution.
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Mr. Speaker Article 3(2) a savings provision which
provides for persons born within marriage but outside
of The Bahamas before 1973 .
This Bill seeks to repeal Article 9 which provides that
9. (1) Notwithstanding anything contained in Article
8 of this Constitution, a person born legitimately
outside The Bahamas after 9th July 1973 whose
mother is a citizen of The Bahamas shall be entitled,
upon making application on his attaining the age of
eighteen years and before he attains the age of
twenty-one years, in such manner as may be
prescribed, to be registered as a citizen of The
Bahamas: Provided that if he is a citizen of some
country other than The Bahamas he shall not be
entitled to be registered as a citizen of The Bahamas
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under this Article unless he renounces his citizenship
of that other country, takes the oath of allegiance and
makes and registers such declaration of his intentions
concerning residence as may be prescribed.
(2) Where a person cannot renounce his citizenship of
some other country under the law of that country, he
may instead make such declaration concerning that
citizenship as may be prescribed.
(3) Any application for registration under this Article
shall be subject to such exceptions or qualifications
as may be prescribed in the interests of national
security or public policy.
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Article 8 deals with a child born outside The Bahamas
to a Bahamian father of his foreign wife and Article 9
deals with a child born to a Bahamian mother and a
foreign father within marriage outside the jurisdiction
of The Bahamas. In the case of the Bahamian born
father citizenship is automatically transmitted to the
child but in the case of the Bahamian born mother the
child does not take his mother’s citizenship although
he may apply to be registered between the ages of 18
to 21 years with the conditions I have set out including
being subject to the interests of national security and
public policy.
So Mr Speaker, if for example Mary Baxter nee Rolle, a
Bahamian woman married Bert Baxter, a non
Bahamian and gave birth to a child of that union say
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in Miami, Florida in the United States, that child, would
not be permitted to take her mother’s nationality
except as previously stated she would be entitled to
apply between the ages of 18 to 21 but must first
renounce her citizenship.
However, if your George Bain, a Bahamian man had a
child in similar circumstances, i.e born outside of The
Bahamas to a foreign wife , that child will take
automatically his father’s Bahamian citizenship.
Article 8 refers to a Bahamian man married to a
foreign wife only and does not include a Bahamian
woman married to a foreign man as she is not able to
transmit citizenship to her child except under the
conditions I have referred to and contained in Article
9.
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In the case of a single Bahamian woman, however,
who gives birth to a child out of wedlock in a foreign
country or at home by virtue of Article 14, that child
automatically takes its mother’s nationality but this is
not so in the case as it relates to a single Bahamian
father who in no circumstance is able to transmit
citizenship to his child:-
The Constitution provides that a Bahamian woman
who gives birth to a child out of wedlock can pass
citizenship to her child but no such right exists for a
Bahamian man who fathers a child out of wedlock
This is as I have said, by virtue of Article 14 which
provides –
. (1) Any reference in this Chapter to the father of a
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person shall, in relation to any person born out of
wedlock other than a person legitimated before 10th
July 1973, be construed as a reference to the mother
of that person.
A child born out of wedlock takes her mother’s
citizenship.
And so there are cases where Bahamian men have
fathered children out of wedlock with non Bahamian
women: those children are not citizens of The
Bahamas whether they were born in or outside The
Bahamas but will take their mothers nationality
whatever that will be.
The provisions of both Articles 8 and 9 are addressed
in The Bahamas Constitution (Amendment) Bill 2014
and the proposed amendment the combined effect is
the removing of Article 9 completely and altering
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Article 8 and providing that “ A person born outside
The Bahamas shall after the coming into operation of
this paragraph - become a citizen at the date of his
birth if at that date his father or mother is a citizen of
The Bahamas otherwise than by virtue of this Article
or Article 3 (2) or Article 10 of the constitution” In
other words only if the mother or father is a born
Bahamian and has not acquired citizenship by
marriage or by being born outside the jurisdiction of
The Bahamas.
The Bill is amended to add a pargraph (2) which states
that Paragraph (1) shall not affect any right of any
person who, before the coming into operation of that
paragraph, was entitled to citizenshipof The Bahamas
by virtue of any provision of this Constitution in force
immediately before the date"
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The EFFECT of this Bill is to allow Bahamian born men
and Bahamian born women to have equal capacity to
transmit their citizenship to their children in
circumstances where their children are born outside
the Bahamas. This applies to births after the date of
the coming into operation of the new provisions but
do not prejudice the rights of any person under the
existing provisions of the constitution.
The second Bill which I refer to is The Bahamas
Constitution (Amendment ) (No 3) Bill 2014 seeks to
amend this very provision i.e. Article 14, which I have
just alluded to by deleting paragraph 1 in full and
redefining that the meaning of “father” in relation to a
child born out of wedlock.
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The Bill states that “father” in relation to a child born
out of wedlock means a person who is proved in a
manner recognized in law to be the father of that child;
This is to allow for a Bahamian man to pass
citizenship to his child in all circumstances including
a child born out of wedlock or out of The Bahamas.
The Bill also provides for such a child to take his
father’s citizenship if that child is born after the death
of his father if his father was a Bahamian citizen at the
time of his death.
Mr. Speaker, it is further proposed to properly
supplement this provision that the Status of Children
Act be further amended in the Status of Children
(Amendment ) Bill 2014 to remove the one significant
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remaining distinction between children born within
marriage and without by deleting the exceptions of
citizenship .
For the practical purposes of law there will therefore
be no remaining distinction between children born in
wedlock and those born outside of wedlock.
There will be a further amendment to create a more
stringent or higher test for proof of paternity in the
matter of citizenship than is currently provided for
under that Act under section 7 of the Status of
Children Act which provides(1) Unless the contrary is
proven on a balance of probabilities, there is a
presumption that a male person is,
and shall be recognised in law to be, the father of a
child in
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any one of the following circumstances —
(a) the person was married to the mother of the
child at the time of its birth;
(b) the person was married to the mother of the
child and that marriage was terminated by death
or judgment of nullity within 280 days before the
birth of the child, or by divorce where the
decree nisi was granted within 280 days before
the birth of the child;
(c) the person marries the mother of the child after
the birth of the child and acknowledges that he
is the natural father;
(d) the person was cohabiting with the mother of the
child in a relationship of some permanence at
the time of the birth of the child, or the child is
born within 280 days after they ceased to
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cohabit;
(e) the person has been adjudged or recognised in
his lifetime by a court of competent jurisdiction
to be the father of the child;
(f) the person has, by affidavit sworn before a
justice of the peace or a notary public or by other
document duly attested and sealed, together with
a declaration by the mother of the child contained
in the same instrument confirming that the
person is the father of the child, admitted
paternity, but such affidavit or other document
shall be of no effect unless it has been recorded
with the Registrar General;
(g) the person has acknowledged in proceedings for
registration of the child, in accordance with the
law relating to the registration of births, that he
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is the father of the child;
(h) the mother of the child and a person
acknowledging that he is the father of the child
have signed and executed a deed to this effect in
the presence of a counsel and attorney, but such
a deed shall be of no effect unless it is notarised
and recorded with the Registrar General prior to
the death of the person acknowledging himself
to be the father;
(i) a person who is alleged to be the father of the
child has given written consent to that child
adopting his name in accordance with the law
relating to the change of name; or
(j) a person who is alleged to be the father of the
child has by his conduct implicitly and
consistently acknowledged that he is the father
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of the child.
(2) Where circumstances exist that give rise to
presumptions of paternity in respect of more than one
father, no presumption shall be made as to paternity.
Mr Speaker the amendment proposed excludes these
various tests and provides for the transmission of
citizenship through a proven blood or DNA connection
The proposed amendment will be circulated during
this debate but this is the substance of its effect.
The amendments proposed therefore to Articles 8 and
14 and the repeal of Article 9 and the consequent
amendment of the Status of Children Act as aforesaid
will allow for both Bahamian born men and Bahamian
born women to pass on citizenship to their children
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whether in or out of marriage and whether born in or
outside The Bahamas.
The two remaining proposed changes are contained in
The Bahamas Constitution (Amendment) (No 2) Bill
2014 and The Bahamas Constitution (Amendment) (no
4) Bill 2014.
The first of these remaining two Bills namely The
Bahamas Constitution (Amendment) (No 2) Bill 2014
seeks to repeal and replace Article 10 of the
Constitution.
Article 10 provides –
10. Any woman who, after 9th July 1973, marries a
person who is or becomes a citizen of The Bahamas
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shall be entitled, provided she is still so married, upon
making application in such manner as may be
prescribed and upon taking the oath of allegiance or
such declaration as may be prescribed, to be
registered as a citizen of The Bahamas: Provided that
the right to be registered as a citizen of The Bahamas
under this Article shall be subject to such exceptions
or qualifications as may be prescribed in the interests
of national security or public policy.
In short the foreign wife of a Bahamian man is entitled
upon application and upon taking the oath of
allegiance to be registered as a citizen of The
Bahamas by virtue of her marriage to a Bahamian man
although that right is subject to any exceptions or
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qualifications in the interests of national security or
public policy.
The corresponding right does not exist in the case of
a Bahamian woman married to a foreign man pure and
simple.
It is proposed to repeal this Bill (as amended) by the
following :-
Article 10 (1)
Any man or woman who marries a person who, after
the coming into operation of this paragraph, marries a
person who is or becomes a citizen of The Bahamas
shall be entitled, provided he or she is still so married,
upon making application in such manner as may be
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prescribed and upon taking the oath of allegiance or
such declaration as may be prescribed, to be
registered as a citizen of The Bahamas
Provided that the right to be registered as a
citizen of The Bahamas under this Article shall be
subject to such exceptions or qualifications as may be
prescribed in the interests of national security or
public policy and as set out in paragraph (2 ) of this
Articlecle shall be subject to such exceptions or
A person any be denied registration under this Article
if –
(a) there is satisfactory evidence that –
(i) the marriage no longer subsists;
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(ii) the marriage was entered into for the purpose of
enabling that person to acquire citizenship of The
Bahamas or;
(iii) the parties to the marriage have no intention of
permanently co-habiting with each other as spouses,
after marriage;
(b) the person has been convicted in any country of a
criminal offence specified in any law which makes
provision for such denial on the ground of such
conviction
(3) Nothing in this Article shall affect the right of any
person who, before the date of commencement of this
Article was entitled to apply for citizenship of The
Bahamas by virtue of any provisions of this
Constitution in force before that date.”
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The Act comes into effect on the date the result of the
referendum and is therefore NOT RETROACTIVE
This amendment allows for the foreign spouse of any
“person” (the removal of the word ‘man’ to mean any
Bahamian man or Bahamian woman or any man or
woman who becomes a Bahamian citizen shall be
entitled to be registered as a citizen of The Bahamas
but subject herein to THE CONDITIONS contained
therein. The effect is to extend to Bahamian women
the same right now accorded to Bahamian men for
their spouses to be registered as citizens.
In Summary and to reiterate 4 of the 5 Bills before this
House namely The Bahamas Constitution
(Amendment ) Bill, The Bahamas Constitution
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(Amendment) (No 2) Bill 2014, The Bahamas
Constitution (Amendment) (N0 3) Bill and the
amendment proposed to the Status of Children Act
propose that those provisions in the Constitution
should be amended to permit for the child of a
Bahamian woman who is married to a foreign man
born in a country other than The Bahamas to be able
to take his mother’s Bahamian nationality. and for the
child born out of wedlock to a Bahamian father in or
outside of The Bahamas to be permitted to take his
father’s nationality and for the foreign spouses of both
Bahamian men and women to have an entitlement to
citizenship subject to their applying, taking the oath of
allegiance and subject to the specific scrutiny to
assure the legitimacy of the marriage and to ensure no
fraud is being perpetrated
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to obtain citizenship. And in the interest of national
security and subject to public policy. None of these
provisions will operate retroactively although the
Prime Minister has foreshadowed in his
Communication to this House two weeks ago that
As a matter of administrative policy grant citizenship
to children born outside of The Bahamas to Bahamian
born mothers married to non Bahamian father subject
to the exceptions and procedures already provided for
by law.
Mr. Speaker the amending provisions prohibit fraud or
the purported purchase or fraudulent facilitation of
this sacred status of “Bahamian” citizenship through
what might be called a marriage of convenience. This
will apply to spouses of both Bahamian men and
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women and extends the scope of the Article to include
the spouses of Bahamian women but also tightens up
the long-standing provision relative to Bahamian men
married to foreign women putting in place provisions
in each case to avoid fraud which heretofore did not
exist in our constitution. And while as the prime
minister noted this was already the practice, this
protection will now be enshrined in the constitution..
Mr. Speaker the final amendment proposed comes by
way of The Bahamas Constitution (Amendment) (No.
4) Bill, 2014. This Bill seeks to amend Article 26 of the
Constitution. That Article provides –
26. (1) Subject to the provisions of paragraphs (4), (5)
and (9) of this Article, no law shall make any provision
which is discriminatory either of itself or in its effect.
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(2) Subject to the provisions of paragraphs (6), (9) and
(10) of this Article, no person shall be treated in a
discriminatory manner by any person acting by virtue
of any written law or in the performance of the
functions of any public office or any public authority.
(3) In this Article, the expression “discriminatory”
means affording different treatment to different
persons attributable wholly or mainly to their
respective descriptions by race, place of origin,
political opinions, colour or creed whereby persons of
one such description are subjected to disabilities or
restrictions to which persons of another such
description are not made subject or are accorded
privileges or advantages which are not accorded to
persons of another such description.
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Mr Speaker, you will note this does not speak to
discrimination on the basis of ‘sex”
(4) Paragraph (1) of this Article shall not apply to any
law so far as that law makes provision —
(a) for the appropriation of revenues or other funds of
The Bahamas or for the imposition of taxation
(including the levying of fees for the grant of licences);
or
(b) with respect to the entry into or exclusion from, or
the employment, engaging in any business or
profession, movement or residence within, The
Bahamas of persons who are not citizens of The
Bahamas; or
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(c) with respect to adoption, marriage, divorce, burial,
devolution of property on death or other matters of
personal law; or
(d) whereby persons of any such description as is
mentioned in paragraph (3) of this Article may be
subjected to any disability or restriction or may be
accorded any privilege or advantage which, having
regard to its nature and to special circumstances
pertaining to those persons or to persons of any other
such description, is reasonably justifiable in a
democratic society; or
(e) for authorising the granting of licences or
certificates permitting the conduct of a lottery, the
keeping of a gaming house or the carrying on of
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gambling in any of its forms subject to conditions
which impose upon persons who are citizens of The
Bahamas disabilities or restrictions to which other
persons are not made subject.
(5) Nothing contained in any law shall be held to be
inconsistent with or in contravention of paragraph (1)
of this Article to the extent that it makes provision with
respect to standards or qualifications (not being a
standard or qualification specifically relating to race,
place of origin, political opinions, colour or creed) in
order to be eligible for service as a public officer or as
a member of a disciplined force or for the service of a
local government authority or a body corporate
established by law for public purposes.
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The proposed amendment seeks to add the word
“sex” so as to make it unconstitutional to discriminate
in The Bahamas on the basis of sex but as stated
earlier subject to the existing exceptions in paragraph
(4) of Article 26 generally which alludes to matters of
taxation and revenue, matters related to non-citizens
relative to employment (economic policy), profession
(Bar), movement or residence within The Bahamas,
with respect to adoption, marriage, divorce, burial,
devolution of property on death or other matters of
personal law and gambling and subject to the savings
provision of Article 30 that I previously referred to as
laws that will continue to have effect even though
inconsistent with the terms of the constitution.
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Mr. Speaker, from what I am hearing, this Bill has been
the subject of some debate in some quarters.
In the prime minister’s communication he specifically
articulated that this Bill will not make same sex
marriages lawful.
for those who are concerned that this provision now
opens the door for same sex marriages it is important
to note that the amendment continues as does the
current position to provide for the constitutionality of
laws currently in force and to be enacted which
discriminate on the basis of sex as it relates to
marriage: that so-called discrimination is provided for
in the Matrimonial Causes Act –
21. (1) A marriage shall be void on any of the
following grounds:
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(a) that it is not a valid marriage in accordance with
the provisions of the Marriage Act;
(b) that at the time of the marriage, either party was
already lawfully married;
(c) that the parties are not respectively male
and female;
Mr. Speaker, the provision which seeks to prohibit
discrimination on the basis of “sex” is also in accord
with our prior commitments internationally : we note
that on 6th October 1993, The Bahamas ratified the
United Nations Convention on the Elimination of All
Forms of Discrimination against women (known as the
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CEDAW Convention) , however, at that time we
secured reservations indicating that The Bahamas did
not consider itself bound to provisions calling for the
end of discrimination against women in our
Constitution nor the mandate to give to women equal
rights to men with respect to nationality of their
children. Mr Speaker this was no doubt to preserve
the then existing provisions of our Constitution which
could not be altered other than by referendum of the
people after having obtained a 3/4ths vote in both
Houses of Parliament..
Mr. Speaker the following narrative is contained in the
United Nations documentation on CEDAW:
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“The Convention (which) was adopted in 1979 by the
UN General Assembly, is often described as an
international bill of rights for women.
The Convention defines discrimination against women
as "...any distinction, exclusion or restriction made on
the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of
human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other
field."
By accepting the Convention, States commit
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themselves to undertake a series of measures to end
discrimination against women in all forms, including:
to incorporate the principle of equality of men and
women in their legal system, abolish all
discriminatory laws and adopt appropriate ones
prohibiting discrimination against women;
It affirms women's rights to acquire, change or retain
their nationality and the nationality of their children.
As noted Mr Speaker, The Bahamas reserved its
position under the constitution as it related to the
discrimination against women as it related to
citizenship: a discrimination based on sex..
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Later in 2000 at the Millennium Summit, described as
the largest gathering of world leaders in history which
included The Bahamas, state leaders adopted the UN
Millennium Declaration, which committed their nations
to a series of time-bound targets, with a deadline of
2015, that have become known as the Millennium
Development Goals. There were 8 goals agreed upon
which included a commitment to
1 eradicate extreme poverty,
2 Achieve universal primary education,
3 Promote gender equality and empower women
4 Reduce child mortality
Improve maternal health
6 Combat HIV/AIDS, malaria and other diseases
7 Ensure environmental sustainability
8 Develop a global partnership for development
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Of the 8 critical goals of global pursuit which included
eradicating poverty and disease was the goal of
achieving gender equality and the empowerment of
women. The Bahamas committed to these principles
Mr. Speaker, a nation’s constitution or more
specifically our constitution is the body of collective
ideals and principles which seek to shape the forward
movement and advancement of our people in the
promotion of harmony and love. It provides the
foundation for the construction of an orderly,
transparent and just society.
The Preamble sets the tone for the objectives of our
constitutional provisions stating that “we” the
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inheritors of and successors to this Family of Islands
DO HEREBY PROCLAIM IN SOLEMN PRAISE the
Establishment of a Free and Democratic Sovereign
Nation founded on Spiritual Values and in which no
Man, Woman or Child shall ever be Slave or
Bondsman to anyone or their Labour exploited or their
Lives frustrated by deprivation, AND DO HEREBY
PROVIDE by these Articles for the indivisible Unity
and Creation under God of the Commonwealth of The
Bahamas.”
Our Constitution speaks of “WE” the inheritors and
successors – not simply of the Politicians or the
wealthy or the business persons or the professionals
or the Priests and reverends but “we” the collective
body of persons, all citizens of our beloved Bahamas,
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with all of our diversity and differences and individual
uniqueness committing to a common and singular
vision of our country. The “we” spoken of by Arianna
in her individual performance
‘We’ having equal rights and equal protections under
the constitution no matter our standing or bearing in
this country: the Prime Minister and the farmer are
equally endowed under the constitution as it relates to
the provisions and especially as it relates to the
fundamental provisions of the constitution.
The Constitution covers and protects me and it covers
and protects the people of Englerston, the people of
Abaco and Long Cay, the people of Mayaguana and
Grand Bahama, and Eleuthera, and Andros, and
Bimini and throughout our archipelago:
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Our Constitution protects and accords rights to all of
our citizens be they black or white, rich or poor, adult
or child.
Our Constitution is the Great Equilizer which
empowers and protects each of us, every citizen of
our country, every Bahamian, and governs the affairs
of state for us all.
Mr. Speaker, this is what we speak of when we speak
of “citizenship.” It is that of a SHARED STATUS
granted to members of a distinct community with full
rights, each member or citizen being equal in rights,
privileges, responsibilities and obligations.
The underlying philosophical concept is that of
equality and that distinct community that we speak of
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today is The Bahamas and the citizens that we speak
of are Bahamian men, women and children.
In this way we are all interrelated because we come
from that one family of citizens called “Bahamians”
and we are thereby distinguished from citizens of
other countries and other sovereign states. It is why,
for example, the shining achievements of our Rhodes
scholars or of our men’s 4x 400 metre relay team or
the historic ground broke by Arianna or the sacrifice
of the brave men on the RBDF HMBS Flamingo
touches us so deeply, in our bellies to our souls.
However, Mr Speaker, although our Constitution was
founded absolutely upon the principles of freedom
and equality there are nevertheless provisions which
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in some fundamental respects do not speak in equal
fashion to the women and men of our country. One-
half of our citizenry is comprised of women; women
who are full members of a democratic society, who
vote , who work, who pay taxes, who raise children,
who sit in government, who teach our children etc .
Today our national constitution, the fundamental law
which governs our society and our family of citizenry,
does not accord the same rights and privileges to
women citizens that are accorded to men citizens as it
relates to the transmission of Bahamian citizenship
(i.e. membership to this family of citizens) to the
children of married women, Bahamian born, where
that child is born outside of The Bahamas and to the
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spouses of women citizens while these rights are
accorded to Bahamian men under our constitution.
Today while women are equal in obligations and
responsibilities as citizens under our constitution and
indeed in all laws which govern our sovereign
state ,we are not equal in all rights afforded under our
Constitution.
Mr. Speaker there is a direct link between rights and
equality. If we are not accorded equal rights under our
law and no less under the Supreme Law of our country
then there is no equality between men and women,
between me as a woman and citizen of this country
and you as a man and citizen of this country, Mr.
Speaker.
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In 2014 this state of affairs , that is , the unequal
treatment of men and women in such a fundamental
matter as the transmission of citizenship to our
children and to our spouses, in the bolstering of
stability of family, where Bahamian men are accorded
rights and privileges that are not accorded to
Bahamian women and indeed any law or policy which
discriminates against women for the reason only that
she is a woman is today an egregious anomaly and is
inconsistent with the principles of equality of rights
between citizens.
The amendments proposed go even further to allow
for men to pass citizenship on to their children born
out of wedlock thus removing the final barrier under
the law to children born out of wedlock.
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But Mr. Speaker, in the course of this debate I think it
very important that we put in context the provisions
related to citizenship in our Constitution so that we
understand the underlying rationale which accounts
for this difference in treatment by the framers, many of
whom comprised the freedom fighters in our country
and to whom we owe much as a people. I do not think
it would be correct to use a broad and condemnatory
brush relative to the provisions which accorded
unequal treatment between men and women in our
constitution in 1973 as we will see it was based upon
the rationale of the long-established and almost
globally accepted interpretation of the law.
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Mr Speaker, in 1972, the framers of our Constitution
heralded the freedom of all of our people, proclaimed
that we would never again be in bondage and like
many other Constitutions at the time especially
throughout the world in Commonwealth countries,
“citizenship” was defined in consonance with the
ancient and firmly established legal principle of
“domicile” of origin in common law.
In the English case of Udny vs Udny in 1869 it was
established in common law precedent that:
“It is a settled principle that no man shall be without a
domicile, and to secure this result the law attributes to
every individual as soon as he is born the domicile of
his father, if the child be legitimate, and the domicile
of the mother if illegitimate”.
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The common law further defined that the domicile of a
married woman is the same and changes with every
change of the domicile of the husband.
The wife becomes the wife of a foreign husband in the
case where the husband is a foreigner in the country
in which the marriage is contracted: the wife marries
knowing her husband to be a foreigner domiciled and
contemplating settled and permanent residence
abroad. In other words Mr. Speaker, the law imputed
automatic rules of domicile
For example, Mr. Speaker, the law of domicile dictated
that a Bahamian woman married to a foreign man was
deemed to take on the domicile of her husband as it
was presumed she would follow him to his home and
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not vice versa whereas a foreign woman married to a
Bahamian man would take the domicile of her
husband as it was again presumed that she would
follow him to his home but not vice versa.
Children born within marriage would therefore take
their father’s domicile and those born outside of
marriage would take their mother’s domicile.
This was the established law at that time upon which
an entire body of jurisprudence existed and the
precepts of citizenship were no doubt premised upon
that law and these principles could be found in
constitutions of new states throughout the planet.
Indeed so entrenched is this law that it has
transmuted from common law to conviction that this is
the correct order of things.
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Included also in this was the concept of “illegitimacy’
or fillius nuliis – child of no man a concept only
recently removed from our jurisprudence except as it
relates to citizenship. Indeed Our constitution today
speaks to a child being born :legitimately” although
the law has for all intents and purposes save for
citizenship removed that terminology from the
description of any child.
But Mr. Speaker, much has changed since that time:
the status of women has become radically redefined
even in our own social setting:
Mr. Speaker just 51 years ago women were not
allowed to participate in the electoral process yet
today several of us sit in this Legislature as elected
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Members of Parliament, or as appointed senators,
some sit in the Cabinet of our Commonwealth and
hold critical portfolios.
Indeed today a woman sits as Head of State.
Today a woman heads the Central Bank and leads the
country in developing our national monetary policy; a
woman heads our financial services sector the second
pillar of our economy; in our legal system a woman
serves as President of the Court of Appeal and so on
and so on. Indeed Mr. Speaker, statistics show that
more women head households in our country than
men. Indeed in the last General Elections women
formed a larger block of registered voters than men.
What we see today has been part of the revolution that
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ensued in the aftermath of sovereignty and the
subsequent empowerment of women in our society
made sure by a new Bahamas.
Under the law throughout history and all over the
world and over the generations being female carried a
number of varied disadvantages in various areas of
life including employment opportunities, property
ownership, income and other disabilities .
In fact women were often grouped with others as
“persons with disabilities”.
It is reputed that ancient common law endorsed the
chastisement of one’s wife (now known as wife
beating or domestic violence) but with the caveat that
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the instrument used to chastise her was no thicker
than the beater’s thumb.
Today domestic violence is a criminal offence and the
subject of specifically enacted legislation including
the Domestic Violence Act.
In the words of jurist Jeanne Thompson in her writing
The Woman and the Law in The Bahamas “The law
has always treated women in a manner consistent
with their supposed inferiority” or perhaps put
differently, the supposed superiority of the male
person.
As stated earlier, Mr Speaker, the perceived roles of
women have radically changed and the laws have
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evolved over the years eradicating many of the
disabilities and inequities that previously existed. But
there still remains the prohibition against
discrimination in our constitution but not including
discrimination based upon ‘sex’. We understand the
meaning of that when we track the journey of women
throughout even recent history to today and
inconsistencies in the ability to transmit citizenship to
our children: incongruities in our Constitution which
hinder principles based upon the true equality
between men and women.
Mr Speaker, I believe it is today universally accepted
that the legal rationale in 1973 where different and
inconsistent rights were accorded to men versus
women in important respects and which though at
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that time was based on long and well-established legal
principles is no longer, however, able to be sustained
today in 2014.
We are not able today to properly rationalize
inconsistency in the accord of rights to male citizens
and female citizens in this shared space called “The
Bahamas”.
The whole concept of shared citizenry defeats and
overrides the concept of inequality.
The ancient legal concept of “illegitimacy” upon which
an entire body of law including laws of inheritance
was based now no longer exists in our law since the
recently enacted Inheritance Act and the Status of
Children Act, the effect of which is that all
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children are now to be treated equally under the law
although exceptions were made for citizenship in the
entrenched provisions of the Constitution. As
previously mentioned it is intended should the people
vote ‘yes’ the Status of Children Act will be amended
to provide for proof of paternity of children born out of
wedlock to a Bahamian father and non Bahamian
father.
Mr Speaker, I spoke previously to the appointment of
the Constitutional Commission to the process of
consultation and open dialogue of and by and with the
Commission and I wish now to refer to some of the
recommendations and observations relevant to this
debate and emanating from that process
The Report states that the Commission is
“unequivocal in its view that there ought to be no
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difference in the ability of Bahamian men and women
to transmit their citizenship to their children and
spouses. The Report further observes that “to provide
for different treatment on the basis of gender is
tantamount to saying that there are classes or degrees
of citizenship and that the citizenship of a woman is
somehow less than that of a man”.
The Commission recommended that “all of the
provisions relating to the acquisition of citizenship
and transmission to children and spouses be cast in
gender neutral language to provide for the equal
attribution of the right of citizenship and to remove
any discrimination against women in this and indeed
in every other regard. This is being done with the goal
of putting Bahamian men and women on an equal
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footing with respect to the acquisition and
transmission of nationality. Bahamian men and
women should have equal ability to transmit
citizenship to their foreign spouses except under the
provisions laid out in the new proposed Article 10
Of this recommendation and the Bills now before the
House is that the Constitution will be amended to
allow for a Bahamian born
Effects – Of this recommendation and the Bills now
before the House is that the Constitution will be
amended to allow for a child born to a Bahamian born
born married woman overseas to a foreign man will
have an automatic entitlement to citizenship and the
foreign spouse of a Bahamian woman will have an
entitlement to citizenship subject to the strict scrutiny
provisions.
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The Commission also made recommendations relating
to children born in The Bahamas where either parent
is a Bahamian; the removal of any disabilities in the
ability of a single or unmarried Bahamian man or
woman to transmit citizenship to their children.
The concept of “filius nullius,” the child of no man
which was abolished in the Status of Children Act but
preserved in the Constitution as it relates to a child
born to an unwed father is proposed to be removed
from the Constitution to remove any difference in
treatment of a child attributable to the marital status of
the parent.
Further the Commission recommended the inclusion
of the word “sex” as a ground of discrimination in
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Article 26 although making it plain that this provision
would continue to preclude same sex marriages. Thus
Mr Speaker the Commission identified as the two
matters of highest priority for constitutional reform
being
1) the amendment of the citizenship provisions to
achieve gender neutrality and full equality and
therefore putting men and women on the same footing
with respect to the acquisition or transmission of their
nationality and
2) the expansion of the definition of “discrimination”
in Article 26 to include “sex” as a prohibited ground.
There is a concentration on a singular concept and
primary principle of equality between men and women
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and the removal of any discrimination against a child
based upon the marriage or other circumstances of
his parents in the provisions of the Constitution.
And while Mr Speaker should these Bills successfully
pass both Houses of Parliament and a majority vote of
the electorate this will immediately have the effect of
removing a fundamental structural inequity, however,
this does not mean that we still do not have much
work to do in our social setting to eradicate cultural
bias which cannot simply be removed by a
referendum process but will require changes in our
attitudes towards each other which is a more difficult
and complex process. But this is an important start to
a more fair, more just human society.
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We are therefore today debating those recommended
amendments to our constitution which are embodied
in the Bills before this House and which are based
upon the principles of equality between men and
women and which bestow on children the right to
attain Bahamian citizenship in two instances: the first
is where she is born outside of The Bahamas to her
Bahamian born mother and her non Bahamian father
whether in or out of marriage. The amendment will
give that child automatic Bahamian citizenship
transmitted from her Bahamian mother and in the
second instance where the child is born to a
Bahamian father out of wedlock whether in The
Bahamas or outside of The Bahamas that child will
automatically take his father’s Bahamian nationality
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subject to the paternity of that child being legally
established.
And finally granting the right of citizenship to the
spouses of both Bahamian men and women subject to
the restrictions or scrutiny as aforesaid.
And finally the Bill prohibiting discrimination against
any person based upon their sex but subject to the
exceptions already set out and subject to existing
laws such as the Matrimonial Causes Act which
defines that marriage is between a man and a woman.
Interestingly, Mr Speaker, the Commission noted that
in all of its travels, interactions and discourse no
person advocated for same sex marriage.
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It is within this context that the 4 bills now before this
Honourable House have been brought
The change in law will not be retroactive and thus will
only apply to births after the coming into force of the
change. The Government has, however, publicly
committed, as a matter of policy, to grant citizenship
to persons in this category who were born before,
subject to the usual restrictions concerning national
security, as the re-existing rights to apply for
citizenship under Article 8 are saved.
1.
Mr. Speaker, the late Frantz Fanon in his book “The
Wretched of the Earth” observed that “Independence has
broughtt moral compensation to colonized people and
established their dignity. But they have not yet had time to
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elaborate a society, or to build up or affirm value.” Nation-
building is a steady, circumspect, considered and
purposeful enterprise. Our history cannot be ignored in the
middle of it. We do not lightly touch, however, our national
constitution nor indeed its entrenched provisions but this is
part of our elaboration of a society and the building and
affirming of the human value of Bahamian men and
women and children particularly in light of our painful
history
As noted by Michael D. A. Freeman in his paper Legal
Ideologies, patriarchal precedents and domestic
violence: “The law plays a primary and significant role
in producing social order. The power of law is a
symbol. This power is based in an ideology of the law
and an ideology of women supported by the law”. The
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power of the law as a symbol must promote equity,
equality and farness, recognizing the wholeness of
each human being.
In the words of T. Marshall “If a law is to be effective in
its function and ideology, it must appear to be just”
Mr. Speaker, the amendment of the Constitution is a
sacrosanct act: not to be lightly or frivolously taken.
Our journey here today is the culmination of a
prolonged and public exercise undertaken by the
Constitution Commission.
I believe it very important that having regard to the
history of our electoral process that we must accord
to the Bahamian electorate an undoubted level of
sound judgment and common sense. This is the
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premise of our Constitution which mandates the
decision-making from the Parliament to the people.
There have been a number of newspaper reports and
editorial commentary chastising the Government for
the length of time it has taken in the execution of this
process:
However, as we get closer we note the call lessens as
we become less verbal and more contemplative.
Mr Speaker, the Constitution of The Bahamas belongs
to the Bahamian people, not to any political
organization who may hold the reign of power for the
time being, or any Party in Opposition for the time
being nor the handful of Members who sit both in this
House and that other place nor to any singular
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opinionated individual or groups of individuals. It is
not a political football but a sober and considered and
careful undertaking.
The Constitution is that document which enshrines
our fundamental values which play out in the everyday
lives of all of our people and facilitates our existence
as citizens.
It in many ways shapes and forms our cultural
identity: it provides for our institutional structures of
government and protects the rights of the individual
against all manner of things including against the
arbitrary exercise of state powers : these protections
and rights are described as the fundamental rights
and freedoms.
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Our constitution is a sacred document. And it is very
important that nothing is done to trivialize or ‘dumb
down” its import nor the critical nature of the exercise
in seeking to alter its provisions.
I have read comments attributed to respected
individuals in our country which suggest non
participation in this fundamental exercise because of
the state response to the outcome of the vote on
legalizing gambling.
Mr Speaker, I wish to reiterate in the strongest way
that the referendum on gambling is not in the same
class of this of which we speak.
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This process is mandated by our constitution and the
outcome is a legally binding result.
It would in my humble but strongly held view be
counter- productive and especially harmful if leaders
in our country make any connection of this process to
any other activity as it is an entirely distinct, unique
process and that such comments will lead to the non
participation of citizens in the shaping of their
Constitution. In the muting of voices in this shared
exercise.
Mr Speaker, should these bills pass in both houses of
Parliament with the three quarters vote as mandated
by Article 54, ta national referendum will be held with
4 questions placed upon the ballot namely
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1)Question” Approval of alteration to Articles 8 and 9
of the Constitution
Do you approve of this Bill, The Bahamas Constitution
(Amendment) Bill, 2014 which seeks to –
(a) Alter Article 8 of the Constitution to enable a
child born outside The Bahamas to a Bahamian
mother who was born in The Bahamas
automatically become a citizen of The Bahamas at
birth just as a child would be if born outside of
The Bahamas to a Bahamian father; and
(b) Repeal Article 9 consequentially
YES ( ) NO ( )
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2) Question Approval of alteration to Article 10 of the
Constitution
Do you approve of this Bill, The Bahamas Constitution
(Amendment) (No 2) Bill, 2014 which seeks to alter
Article 10 of the Constitution so as to give a foreign
man who marries a Bahamian woman in the future the
same constitutional right to obtain citizenship that a
foreign wife of a Bahamian husband already has but
subject to ensuring in either case that the marriage is
still subsisting and is not a marriage of convenience,
and subject to ensuring that the foreign spouse has
not been convicted of a prescribed offence, and
subject to such other exceptions or qualifications as
may be prescribed in the interests of national security
or public policy'.
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YES ( ) NO ( )
3)Question Approval of alteration to Article 14 of the
Constitution
Do you approve of this Bill, The Bahamas Constitution
(Amendment) No. 3) Bill 2014, which seeks to alter
Article 14 of the Constitution to enable the Bahamian
father of a child born outside of a marriage to pass his
citizenship to that child just as an unmarried
Bahamian woman can presently do but subject to
proof of paternity?
YES ( ) NO ( )
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4) Question Approval of Article 26 of the Constitution
Do you approve of this Bill, The Bahamas Constitution
(Amendment) (No. 4) Bill 2014 which seeks to alter
paragraphs (3) and (5) of Article 26 of the Constitution
by inserting the word “sex” in the definition of the
expression “discriminatory” so as to make
unconstitutional to discriminate on the basis of sex
but subject to existing exceptions mentioned in
paragraph (4) of Article 26?
YES ( ) NO ( )
Mr. Speaker once these Bills have been successfully
passed by Parliament a series of fora and meetings
and media aides will be embarked upon to ensure that
Bahamians have a full and complete understanding of
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the meanings and implications of the proposed
alterations to the Constitution
As pointed out in the PM’s Communication the
Amendments help to remediate the problem of
structural inequality and discrimination
Mr. Speaker, I move for the second reading of these
Bills in this Parliament: I have sought to explain as
best I can the meaning and effect . We will rely soon
on the collective wisdom of our Bahamian people. It is
my hope and prayer that they will accept the basic and
fundamental principle of equality between Bahamian
men and women and for their children.
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I end as I began in the laying of these Bills in reciting a
poem by Marion Bethel in tribute to Dame Doris
Johnson who half a century attempted to make her
case at that bar in this House which then only
comprised the membership of men for the right of
women to vote…
And the tree still stands
“We are here
we are here
because you beat back
the bush
because you pitched
scalding tar
to make that road
You uprooted
Lignum vitae trees
To turn that uncharted road
Into a journey
With land marks
And because you re-planted
Those trees of life
We are here.
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