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‘Long overdue’ Human Rights Act amendments to be tabled

Community and Cultural Affairs Minister Wayne Scott

The long-awaited amendment to the Human Rights Act which would prohibit sexual orientation discrimination is to be tabled when Parliament reopens on May 17.Community and Cultural Development Minister Wayne Scott will also be asking Parliament to prohibit age discrimination in the areas of provision of goods, services and facilities, and housing, to extend the definition of harassment to apply beyond the workplace and to approve a number of housekeeping measures.Mr Scott told The Royal Gazette that more research needs to be done before Parliament considers prohibiting age discrimination in employment.“That is something we are not ready for yet,” Mr Scott said. “We don’t want to hold up this Act by something that could take months or longer to figure out.”Campaigners have long lobbied successive governments to prohibit age and sexual orientation discrimination.The news has been welcomed by human rights campaigners.David Northcott, spokesperson for advocacy group Two Words and a Comma, said the sexual orientation amendment was “long overdue”.“Over the years we have been lobbying successive governments, engaging politicians from both parties, creating dialogues with church ministers, hosting public forums, holding workshops, working with the Human Rights Commission (and latterly newer organisations like the Centre for Justice and the Human Rights Alliance) as well as running our awareness campaign in the press, and it is wonderful to see that hopefully this hard work has finally paid off.”He added that Government had chosen a “highly appropriate date on which to table the amendment” as May 17 is the UN designated International Anti-Homophobia Day.“Last year on May 17 the United Nations High Commissioner for Human Rights, Navi Pillay, spoke out on the fact that there are laws around the world that discriminate against persons because of their sexuality and called for equality and changing of these discriminatory laws. It is heartening to see Bermuda moving forward in this regard.”He said: “As a country we are moving in the right direction, but we mustn’t lose sight of the fact there is still more work to be done promoting and extending human rights in general in Bermuda.”A spokesperson for LGBTQ support group The Rainbow Alliance of Bermuda said it was “encouraged to see the Government finally taking action on this fundamental issue, as promised in the elections.“Prohibiting discrimination on the grounds of sexual orientation is a great step forwards towards equality, and we will continue to champion LGBTQ rights to address the inequalities this community faces within the current status-quo,” a spokesperson said.The Opposition Progressive Labour Party did not respond to a request for comment by press time last night.But Shadow Education Minister Walton Brown said: “I am very pleased to read of Government’s intention of moving forward with amendments to the Human Rights Act to include sexual orientation as a protected category.“It should have been introduced a long time ago and there is no legitimate reason for it not to have been. It is the right thing to do as we try to progress toward a society free of discrimination and I look forward to supporting it in Parliament.”Venous Memari, former Human Rights Commission chair and founder of the Centre for Justice applauded Government for honouring its campaign promise, but said it was “disappointing to hear that persons at risk of discrimination based on age still have to wait”.Mr Scott also informed this newspaper that the Human Rights Commission will be empowered to engage in mediation as a means of settling disputes under the Act.The issue of amending the Human Rights Act to include age and sexual orientation has been broached repeatedly in recent years, and mentioned in multiple Throne Speeches since 2004.In 2006, PLP MP Renee Webb brought legislation to the House, but it was given the silent treatment by MPs and failed.“This is one of the reasons why I am talking to you — let’s get this feedback and see what we’re dealing with,” Mr Scott said when asked whether he had consulted religious organisations which oppose the sexual orientation amendment.But he also sounded a note of firm resolve.“Everywhere where religion is in the Human Rights Act, sexual orientation will be there. Whether you are a Christian, a Muslim a Buddhist or whatever — those rights are protected because religion is in the Human Rights Act. Those are basic human rights that should be afforded to all. The Human Rights Act has absolutely nothing to do with what people’s individual preferences are,” Mr Scott said.The Minister said he was confident the bill would be passed by legislators. “It’s the right thing to do.”

No comment from Govt after transsexual objects to ‘omission’

Transsexual Brenda Lana Smith yesterday called on Government to address Bermuda’s “gender-identity omissive human rights legislation”.

Reacting to news that Government is to table the sexual orientation amendment, Ms Smith, a Bermudian male to female transsexual, said:

“This near 80-year-old 29-year postoperative male-to-female transsexual Bermudian — contentedly ensconced in Britain since being driven beyond Bermuda’s socio-economic pale with impunity near 23 years ago — is delighted with the One Bermuda Alliance’s proposed tabling of the long-awaited amendment to the Human Rights Act that would prohibit sexual orientation discrimination.

“However, as sexual orientation and gender-identity are individually separate and distinct entities, on behalf of all my gender-variant peers, be they transgender, transsexual, cross-dressers, or intersex, covert or overt on Bermuda, would the OBA’s Community and Cultural Affairs Minister Wayne Scott kindly state what the OBA intends to do to relieve the legal plight and protect known or unfortunately outed gender-variant folk on Bermuda — be they UK Gender Recognition Act 2004 gender-certificated or not — from still being subject to discrimination with impunity under the proposed OBA’s seemingly gender-identity omissive Human Rights laws.”

Ms Smith, who founded the Facebook page ‘Stand up for Gender Variant People’s Rights in Bermuda’, noted that “gender-variant” people are found in every country and every racial and ethnic group.

Mr Scott said he had been monitoring feedback but has no further comment at this time.