INACCESSIBILITY TO JUSTICE FOR SURVIVORS OF GENDER-BASED VIOLENCE

 

Access to justice continues to be limited for survivors of gender-based violence, due in large part to the lack of comprehensive laws, inefficiency and corruption in law enforcement and the judicial system, victim-blaming, and the resulting shame and stigma which disproportionately impact survivors.  

That Member of Parliament Kirk Cornish was accused of physical and sexual violence and threats of death and remained in the position as Member of Parliament—a position of power and influence that undoubtedly affected the case— for the duration of the trial is violent and irresponsible.

Many women and girls have experienced violence perpetrated by people in positions of power and hesitate to report or, when they do report, cannot endure the long, difficult judicial process, or the harm that comes to them as a result. Corruption, abuse of power, and deliberate protection of violent criminals are deterrents to reporting gender-based violence and directly violate the human right to equal protection of the law.

The Government of The Bahamas has been urged by international human rights bodies—with which it voluntarily participates—to take specific actions, including passing the gender-based violence bill which it shelved in favor of the substandard, embarrassing, so-called “Protection Against Violence Act” which ignores the specific issue of gender-based violence. The government consistently communicates, in its action and inaction, that it does not value women and enjoys complicity in gender-based violence.

“Many survivors do not truly have the choice to report gender-based violence perpetrated against them or use the judicial system,” said Director of Equality Bahamas Alicia Wallace. “We advocate for all to have the choice, and we fiercely support all survivors and their right to seek and access justice within and beyond the judicial system.” 

“We, at Equality Bahamas, continue to stand with survivors. We respect and honor them for sharing their stories, and for not sharing until they feel safe doing so,” Ms. Wallace said. “The Government of The Bahamas, as a duty-bearer, must create the environment that makes it possible for survivors to report and access the justice they need, beyond current possibilities, and it must end gender-based violence.”

The Bahamas Women’s Health Survey, conducted by Sanigest Internacional, resulted in a proposed Coordinated Care Model, centering survivors and their needs, which has yet to be implemented despite the urgent need. Survivors have the right to report gender-based violence, expect and receive access to justice, and be provided with resources and services to support them long term. 

Equality Bahamas calls for survivor-centered justice which is not limited to court proceedings and imprisonment of perpetrators, but must include immediate medical attention, safe housing, responsive work conditions, reparations, and mental health support.

 

Equality Bahamas is a feminist organization that promotes women’s and LGBTQI+ people’s rights as human rights through advocacy, public education, and community engagement. 

 

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Freedom, justice, equality

Joining the voices of nongovernmental organizations, feminist movements, and activists all over the world, Equality Bahamas calls for an immediate ceasefire and an end to the occupation of Palestine by Israel.

The genocide in Gaza is not an isolated event which can be ignored by Black people, Bahamian people, Caribbean people, or people of any other identities that have been colonized and systemically oppressed. Equality Bahamas condems the ongoing occupation, colonization, and genocide taking place in Palestine. 

Palestine was colonized by the British in 1920 and, in 1948, the land was “given” to the Jewish people—stolen from Indigenous Palestinians—for the creation of Israel. More than 85% of historic Palestine is now occupied and under Israeli military control.

Palestine, which continues to shrink by the day, has had over 700 checkpoints enforced for Palestinians, Jewish-only road systems, and ongoing restrictions of water and electricity. In addition, Palestinians are geographically categorized into 5 groups—West Bank, Gaza, East Jerusalem, “Israeli” territories, and those in exile, with each group having varying levels of access to human rights.

In the most recent escalation of violence since October 7, 2023, more than 31,000 Palestinians have been killed, and 46,000 have been injured by Israeli forces. There are now more than 6 million Palestinian refugees worldwide, many of whom are not allowed to return to Palestine.  

The military attacks on civilian populations have disproportionately affected women and children who make up 70% of those killed.  Hospitals are being targeted by the Israeli military, where women are undergoing childbirth without access to clean water, Cesarean sections are being performed without anesthesia and neonatal units are without electricity. Reproductive and sexual health services and menstrual products are no longer available in Gaza. 

Equality Bahamas calls its supporters to recognise what is happening now in Gaza and the ongoing colonization in all of Palestine.

We know displacement. We know separation from our people and our land. We know the loss of histories, culture, institutions, and social structures. We know separation from our resources as they are plundered. We know the indifference of people and institutions in positions of power. We, however, know just as well, the power of solidarity that crosses borders and languages. We know the necessity of banding together, recognizing that our struggles are connected, as is our liberation. 

We have seen the denial of healthcare to women. We have seen cruelty against children. We have seen the targeting of activists and journalists. We have seen arbitrary detention and denial of justice. We have seen places of safety, known for medical care, education, and prayer, targeted, targeted and destroyed to communicate to us that we are not protected by any imagined mutual respect for what they symbolize or provide. We have been trapped. We have run with no way out. We have reasoned, cried, and screamed, hid, fought, and dared, protected, mourned, and rallied. We know loss. We know death. We know exhaustion. We, however, know just as well, the power of resistance that rises up from the ground beneath our feet, beats within our hearts, and courses through our veins. We know the necessity of resistance—refusing to back down, disobeying, and claiming our inherent power.

There is no justification for the denial of human rights and systematic killing of Palestinian people. 

We mourn the loss of all Palestinian lives. We call for an immediate ceasefire. We acknowledge the work of the activists and journalists on the ground, sharing information and calling for global action. We recognize the resilience of the Palestinian people over the past decade, and we acknowledge the injustice embedded in the concept of resilience. 

We call for the mobilization of all people who know and share in the struggle against colonialism, racism, capitalism, and the dehumanization of people, and for collective freedom. We call on people with privilege and power to break their silence, inhabit the discomfort of disturbing and opposing their peers, and make financial contributions to sustain life and end the genocide in Palestine. 

Today, we call on the Government of The Bahamas to clearly, unequivocally state its call for a ceasefire. We call on the general public to learn about what is happening in Palestine, sign the call for a ceasefire, participate in the Boycott, Divestment, Sanctions (BDS) movement, and share the posts make by Palestinian people and pro-Palestine organizations on the daily reality of Palestinians and the actions required of others.

This press released was published in The Tribune and Eyewitness News.

Equality Bahamas rebukes anti-rights groups inciting hate and violence against LGBTQI+ people. LGBTQI+ people’s rights are human rights.

Read the full press release from October 5, 2023 below.

It was reported that a woman accused a Member of Parliament of rape, physical assault, and threats of death against her and her family members. She reported to the police who, and the MP has not be questioned, much less charged. Equality Bahamas released this statement on Monday April 17, 2023.

Gender-based violence against women and girls is a public health crisis in The Bahamas. A Member of Parliament has been accused of physical and sexual violence as well as threats of death, and the reported story from the survivor includes action and inaction by police to impede her access to justice. The survivor shared numerous effects of the violence she experienced on her physical and mental health. 

Survivors must be able to confidently and confidentially report gender-based violence, be assured of access to justice, and receive immediate resources and support services including safe housing and mental healthcare. The Government of The Bahamas must implement the Strategic Plan to Address Gender-Based Violence which has been shelved for several years since being tabled in the House of Assembly in February 2016. 

Equality Bahamas stands in support of the survivor who shared her story, and all survivors who have and have not shared their own. “Ms. Rolle’s is one of many survivor stories that point to corruption, abuse of power, and deliberate protection of violent criminals,” said Director of Equality Bahamas Alicia Wallace. “In addition to demanding legal reform to promote and uphold women’s human rights, we demand access to our inherent right to equal protection of the law. While no one is above the law, we see, every day, that money and titles make it possible for people to circumvent the law when weak people controlling flawed systems approve it.”

The increased frequency of news reports of sexual violence and insufficient responses are indicative of persisting and unchallenged gender ideology that perpetuate violence against women and girls.The Bahamas has an obligation to end gender-based violence against women and girls. In its Concluding Observations in 2018, the CEDAW Committee recommended that the government ensure that the police and courts expeditiously address complaints from women and girls about gender-based violence, and “develop an action plan to eliminate discriminatory gender stereotypes, which incite violence against women and girls, and establish monitoring mechanisms to assess the impact of such measures.” It called for adoption of the gender-based violence bill, criminalization of marital rape, and ensuring cases of gender-based violence are investigated and prosecuted. 

“The Government of The Bahamas voluntarily ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1993. Thirty years later, its failure to come into compliance with the Convention continues. The ratification of CEDAW is a commitment to the people of The Bahamas, to women and girls in particular, made through the United Nations treaty body, and it is accountable to us,” said Ms. Wallace. 

Equality Bahamas calls upon the Prime Minister of The Bahamas to immediately dismiss the accused Member of Parliament, rebuke gender-based violence and its perpetrators, and allocate the necessary resources for the implementation of the Strategic Plan to Address Gender-Based Violence as a measure to prevent and intervene in cases of gender-based violence and support the growing number of survivors.

The suggestion that anyone under 16—the age of consent—can consent to sex with an adult is dangerous. Characterizing sexual activity between a child and an adult as consensual is perverted, abusive, and contributes to rape culture. No child can consent to sex with an adult. No adult should be shielded from the consequences of their actions against any child, nor should a child be portrayed as a willing participant in any violation against them.

Read the full press release from April 3, 2022 below.

On Tuesday, July 21, 2020, a private medical practice equated abortion — a healthcare procedure — to the killing of babies. The Facebook post has since been deleted, but its harm cannot be ignored.

An abortion is a medical or surgical procedure to end a pregnancy. It may be performed to complete a miscarriage or to end an unwanted or life-threatening pregnancy. When abortions are not accessible through medical institutions, they may be performed in unsafe conditions leading to incomplete procedures that can cause excessive bleeding, other damage, or death. Referring to abortion as the killing of babies is not only irresponsible and unethical, but also scientifically incorrect as an embryo is a fetus up to week nine of pregnancy. A doctor asserting their personal opinion about women’s healthcare choices, going as far as to mischaracterize a medical procedure is an example of the stigma and barriers to protecting and expanding women’s sexual and reproductive health and rights.

The stigma attached to abortion denies women self-determination and control of their own bodies and infringes upon their sexual and reproductive health and rights. This stigma also makes it difficult to teach and practice consent, explore pleasure, and address the pervasive issue of sexual violence. Given the private practice’s countless posts about STD testing, it is possible that some of its patients engage in unprotected sex, which could lead to (unwanted) pregnancy. In a sex-positive society and in a sex-positive doctor’s office, there is no judgment or blame, and the emphasis is on education, safety, and access to necessary resources and services.

When people feel judged, they do not present themselves when in need. Women deserve doctors who truly care about them and do not just pander to them with slick comments under the guise of approachability. If women are to lead healthier and safer lives, there must be access to comprehensive healthcare which includes abortion.  

In October 2018 at the 71st CEDAW session, The Bahamas stated that the patients’ bill of rights would address the issue of abortion, suggesting an expansion of women’s rights to make decisions about their own bodies. Attorney General Carl Bethel quickly refuted the claim in the national press. It is still unclear whether the government intentionally misrepresented itself to the CEDAW Committee in an attempt to avoid international embarrassment or decided to backtrack, appealing to people least affected and further curtailing the rights of women. Either way, women in The Bahamas are disadvantaged and their rights are continually and negatively impacted by people who are unaffected by our daily realities.

Access to safe abortion is a right. Barbados, Belize, and St. Vincent allow abortions for socioeconomic reasons and to preserve women’s mental health. In Guyana, abortions are legal without restriction. Women are fully capable of making decisions about their own lives and bodies. Abortion must be destigmatized and decriminalized in The Bahamas, and we must interrupt, name, and correct acts of misogyny. Women’s rights are human rights, regardless of personal opinion.