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July 23

rd
, 2013

COMMUNICATION
TO THE HOUSE OF ASSEMBLY
BY
THE PRIME MINISTER
& MINISTER OF FINANCE
AND MEMBER FOR CENTREVILLE
THE RT. HON. PERRY G. CHRISTIE

Mr. Speaker:

It gives me great pleasure to foreshadow the introduction and first reading
later this morning of four (4) separate bills to amend the Constitution of
The Bahamas. These four bills, representing the first round of
constitutional reform, are bound together by a common thread: the need
to institute full equality between men and women in matters of citizenship
and, more broadly, to eliminate discrimination in The Bahamas based on
sex.

It will be recalled that the Constitutional Commission, in its Report last
year, made specific recommendations concerning this matter. The
Commission has now presented to Cabinet and Cabinet has approved -
the four bills that will be introduced in this honourable House this morning.

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The Government wishes to record its gratitude to the Constitutional
Commission, under the chairmanship of Sean McWeeney QC, for its work in
overseeing the preparation of the bills, with the technical support of the
Attorney Generals Office and the Law Reform Commission, and for the
ongoing role the Commission has agreed to play in relation to constitutional
reform, particularly in relation to public education.

In this latter regard, I have been informed by Chairman McWeeney that
Retired Supreme Court Justice Rubie Nottage, supported by other members
of the Constitutional Commission, has agreed to spearhead the public
education campaign that will begin very shortly.

The Government also wishes to place on record its appreciation of the
entirely constructive and commendably statesmanlike contribution the
Opposition has made to the preparation and finalization of the bills that will
be introduced today. In this regard, I would especially like to commend
the Leader of the Opposition and Member of Parliament for Killarney, Dr.
Minnis, and Senator the Hon. Carl Bethel. This kind of bi-partisanship on
matters of high constitutional principle augurs well for the ongoing
maturation of our democracy.

It is the Governments intention, subject to further consultations with the
Opposition, to have the four constitutional bills debated and passed in both
Houses of Parliament in the shortest possible time so as to maximize the
time available for discussion and dialogue throughout the country in
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advance of a national constitutional referendum to be held on the 6
th

November, 2014.

Mr. Speaker :

Members are aware, of course, that under the Constitution the four bills in
question must in each instance be approved by at least three-quarters
(3/4ths) of the members of the House of Assembly. The bills must then go
to the Senate where they must also be approved by three-quarters
(3/4ths) of the members of that legislative body. Following passage in the
Senate, the bills must be approved by a simple majority of voters in a
national referendum. Only after going through the entire process can the
Constitution be altered.

Mr. Speaker:
Although I shall have more to say on the bills on a later occasion, I should
like to give just a brief snapshot of what each bill essentially says so that
the public can be guided accordingly.

Bill # 1 : The Bahamas Constitution (Amendment) Bill, 2014

This bill seeks to achieve gender equality in a very important respect: it
seeks to give a child born outside The Bahamas to a Bahamian-born
mother and non-Bahamian father the same automatic right to Bahamian
citizenship that the Constitution already gives to a child born outside The
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Bahamas to a Bahamian-born father and a non-Bahamian mother. The bill
is therefore simply equalizing the sexes and, in so doing, eliminating an
area of discrimination against women that has persisted for the past 41
years.

It is important to emphasize, however, that in keeping with the present
Constitution, the right to automatically pass Bahamian citizenship to ones
child will continue to operate only where the Bahamian parent is himself, or
herself, a native-born Bahamian. This will not change under this
amendment.

It should also be noted that this change in the Constitution, if approved,
will not operate retroactively.

However, I wish to announce that my government will, as a matter of
administrative policy, grant Bahamian citizenship to all applicants born
abroad after July 9
th
, 1973 (and before the law changes) to a Bahamian-
born mother and non-Bahamian father, subject, of course, to the
exceptions, and in accordance with the procedures, already prescribed by
law.

Bill #2 : The Bahamas Constitution (Amendment) (No.2) Bill, 2014

Bill #2 also seeks to achieve gender equality in another respect under the
Constitution: it seeks to enable a Bahamian woman who marries a foreign
man to secure for him the same access to Bahamian citizenship that a
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Bahamian man has always enjoyed under the Constitution in relation to his
foreign spouse. In short, the bill seeks to achieve gender equality in this
regard.

I hasten to add, however, that this bill contains provisions that are
designed to ensure that foreign persons, be they male or female, who
enter into bogus marriages with Bahamian citizens, will not be assisted by
this constitutional change.

More specifically, a foreign spouse who wishes to acquire Bahamian
citizenship based on his or her marriage to a Bahamian citizen will not be
able to avail himself or herself of the constitutional change if he or she is
no longer married to a Bahamian; of if he or she is married but has no
intention of living with the Bahamian spouse; or if it can be shown that the
foreign spouse only married the Bahamian in the first place in order to
access Bahamian citizenship. In all these cases, Bahamian citizenship
applications will be denied. Indeed Mr. Speaker, this is consistent with
existing policy and will therefore not come as any great surprise.

I should also mention that in common with the other three bills, this bill will
not apply retroactively.

Bill #3 : The Bahamas Constitution (Amendment) (No.3) Bill, 2014

Bill #3 is of particular interest because it seeks to remediate the one area
of the Constitution that discriminates against men. At present, an unwed
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Bahamian father cannot pass his citizenship to a child born to a foreign
woman. This bill seeks to change that. It will give an unwed Bahamian
father the same right to pass citizenship to his child that a Bahamian
woman has always had under the Constitution in relation to a child born to
her out of wedlock.

This bill, however, will require proof of paternity by one or other of the
methods prescribed by law.

I should also mention that a bill for a short consequential amendment to
the Status of Children Act has also been prepared and will be tabled either
later today or at the next meeting of the House (or) sitting of the House.
However, this bill will not be brought into force unless or until Bill # 3
completes its passage through both Houses followed by approval in the
referendum.


Bill #4 : The Bahamas Constitution (Amendment) (No.4) Bill, 2014

Finally, Bill #4 seeks to end discrimination based on sex. This involves the
insertion of the word sex in Article 26 of the Constitution so as to make it
unconstitutional to discriminate based on whether someone is male or
female.

It is for me to caution, however, that this bill makes it clear that the
existing exceptions will continue to apply. In particular, this bill will not
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make same-sex marriages lawful. Such unions are already treated as void
under the Matrimonial Causes Act and the genesis of this particular legal
position pre-dates the Independence Constitution. This will not change
under the proposed amendments to Article 26.

Mr. Speaker:
Before closing, I wish to advise that preliminary preparations are already
underway for the Citizenship Commission recommended by the
Constitutional Commission in its Report. I expect to be able to announce
the members of this commission in the near future. The purpose of this
new commission will be to study and definitively address the status of the
numerous persons who were born in The Bahamas, albeit to non-Bahamian
parents, and who have never known any home other than The Bahamas.
As the Constitutional Commission has so sagely warned, we ignore this
problem at our peril.

The focus for today, however, rightfully rests on the four bills that will be
tabled very shortly. The changes to the Constitution foreshadowed by
these bills will not only help remediate the problem of structural gender
inequality and discrimination in our country but will also assist in bringing
greater inclusiveness and cohesion to family structures while at the same
time ensuring that The Bahamas lives up to its international obligations in
these matters.

Mr. Speaker, I thank you for your indulgence.
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