Convention on the Elimination of All Forms of Discrimination against Women

The Bahamas CEDAW Articles 2(a) and 9(2)

The Bahamas ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1995, but it reserved on Articles 2(a) and 9(2).

Article 2(a) which obligates States to ensure the principle of gender equality is enshrined in the constitution. This is not the case in The Bahamas The reservation on this Article, in particular, is antithetical to the commitment to the Convention.

Article 9(2) obligates States to ensure that women are able to pass on citizenship to their children on an equal basis with men. This is not the case in The Bahamas.

Reserving on these Articles indicates that The Bahamas does not consider itself bound by them, and it is eschewing the responsibility to create the conditions necessary to make the appropriate amendments to the constitution for gender equality, whether or not a referendum is required.

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Gender Mainstreaming in The Bahamas Government

women in government in The Bahamas

The Bahamas does not have a functioning national gender machinery. The Beijing Platform for Action defines a national gender machinery as “the central policy coordinating unit inside government[…] to support government-wide mainstreaming of a gender-equality perspective in all policy areas.” The national gender machinery is to be at the highest level of government. It is mandated to engage in policy advocacy, coordination of policy, reviewing and monitoring of legislation and policy, initiating reform for gender equality, ensure gender training for high-level government officials, collect and share best practices for gender mainstreaming, and cooperate with mass media to impact public opinion. The government is responsible for ensuring the national gender machinery is sustainably financed, adequately staffed with technical experts, and participating in ongoing training.

The Department of Gender and Family Affairs is not a national gender machinery. It is not at the highest level of government which, in The Bahamas, is a Ministry. It is not staffed with gender experts, does not have an appropriate budget, and does not carry out the mandate.

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Gender-Based Violence Bill in The Bahamas

gender based violence billf

The gender-based violence bill, drafted in 2016, was being discussed in 2023 until it was taken off the table and the “Protection Against Violence” bill, severely flawed and clearly critiqued, was passed. The Act fails to recognize, much less address, gender-based violence as a specific form of violence that disproportionately affected women, girls, and LGBTQI+ people. It is not, in any way, a substitute for a gender-based violence bill which would define gender-based violence, identify root causes, record and analyze cases, ensure support for survivors, and include rehabilitation programming for perpetrators. Refusal to update and pass the gender-based violence bill is acceptance of the high rate of gender-based violence against women and the resulting femicide.

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Parental Leave in The Bahamas

Parental leave in The Bahamas

In 2023, Equality Bahamas conducted research on the postpartum experiences of mothers and birthing parents with children under the age of 6. At present, maternity leave is 13 weeks and paid only once every three years, and only after 12 months of employment. Mothers and birthing parents reported that 13 weeks is inadequate. Parents agreed that fathers and non-birthing parents must have leave in order to bond with their child, support the mother or birthing parents, and uproot the stereotype that women are primarily or singularly responsible for domestic and care labor.

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Data on Femicide in The Bahamas

Data on Femicide

The Bahamas does not name or count femicide—the killing of a woman or girl because of her gender or sex. In recent years, there have been increased reports of killings of women and girls, many of which have been linked to domestic violence and intimate partner violence.

Naming femicide calls attention to the gender-based nature of the killing. Counting femicide reveals the scale of gender-based violence and killing. Recording and analyzing femicide cases is critical to identify root causes, develop prevention programs and intervention protocol, introduce and amend laws and policies, and end the gender-based killing of women and girls.

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Decriminalization of Abortion in The Bahamas

Decriminalize Abortion

Abortion, in The Bahamas, is criminalized except for instances in which the life of the pregnant person is at risk. There is no exception for cases of rape or incest. To be clear, there is no exception for minors—including people under the age of 16 who cannot consent to sex.

Abortion, a medical or surgical procedure, is healthcare. It is central to sexual and reproductive health and rights, and it is intrinsically linked to bodily autonomy—the right to choose.

Guyana was the first—in 1995—and remains the only country in the Caribbean that has decriminalized abortion.

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Criminalization of Marital Rape

Criminalization of martial rape in The Bahamas

It is currently legal for a man to rape his wife. Section 3 of the Sexual Offences Act defines rape as “the act of any person not under fourteen years of age having sexual intercourse with another person who is not his spouse[…]”

“Who is not his spouse” provides an exemption for perpetrators who are married to the victims of rape.

In 2018, Equality Bahamas launched the #Strike5ive campaign for the criminalization of marital rape. We continue to advocate for the criminalization of marital rape with amendments to the Sexual Offences Act including:

  • Removing “who is not his spouse” from Section 3
  • Repealing Section 15
  • Adding a statutory definition of consent
  • Adding a clause of non-immunity on the basis of marriage

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On her 2017 visit to The Bahamas, then Special Rapporteur on Violence Against Women Dubravka Šimonović identified marital rape as the “most pressing gender-based issue in The Bahamas,” referring to it as a “sign that something is deeply wrong.”

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Equal Nationality Rights

Equal Nationality Rights

Bahamian women do not pass on citizenship in the same way as Bahamian men. A Bahamian woman who is married to a non-Bahamian man and gives birth outside of The Bahamas does not automatically pass on her Bahamian citizenship to her child. A Bahamian man in the same circumstance does. The spouse of a Bahamian woman does not have the right to apply for citizenship through marriage, but the spouse of a Bahamian man does. This is due to deliberate gender-based discrimination in the constitution (Articles 8 and 10).

In 2016, a referendum was held on these and other issues. The majority of voters voted against amending Articles 8 and 10 of the constitution to allow Bahamian women to pass on citizenship to their children and spouses. Successive administrations have claimed that they are committed to remedying the issue, but stop short of planning another referendum. The 2017-2021 Minnis-led administration claimed it would deal with the issue through legislation. The 2021-2026 Davis-led administration claimed it would address the issue through legislation when the Privy Council ruled on the issue of Bahamian men passing on citizenship to their children born out of wedlock. The Privy Council ruled, in May 2023, that Bahamian can pass on citizenship to their children and the government has yet to address the gender inequality in nationality law for Bahamian women.

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