Amendment adds new teeth for human rights protection
Sufferers of AIDS and people with criminal records are to be legally protected from discrimination if a new bill becomes law.
Members of Parliament voted to give the new protection when they passed the Human Rights Amendment Act 2000 in the House of Assembly yesterday.
However, an Opposition United Bermuda Party bid to include age and sexual orientation in the list of prohibited discrimination areas failed when Government MPs voted the amendments down.
The act also clarifies what types of people can be described as disabled by including certain disabilities and illnesses in the original law.
And they make provisions for maintaining confidentiality in sexual harassment cases.
Development and Opportunity Minister Terry Lister said: "We cannot legislate people's minds, but we can ensure they conduct themselves in a proper, respectful manner.'' "This law is intended to help the Human Rights Commission get on with its task of ensuring the fair treatment of everyone in the community.'' He said there was "nothing punitive'' about the law, emphasising its intention was "to protect anyone and everyone'' from unfairness in the workplace and in society as a whole.
Mr. Lister explained that the section protecting those with criminal records would not be inflexible.
"For example, employers would not be expected to give some one the job of a bank teller if the person was a convicted embezzler,'' he said.
But he said it would prevent situations in which people were prevented from finding a job due to being convicted of an unrelated offence.
Government backbencher Wayne Perinchief said he felt this issue would be a "particularly contentious'' one and called for every case to be dealt with "as much discretion and with as much care as possible''.
House passes enhanced rights protections Mr. Lister also noted that employees of Government are protected under the Human Rights Act just as much as those in the private sector are.
"Unlike the previous Government, which exempted themselves from this law, we are committed to providing equal opportunity from the front.'' He drew parallells with this law and the controversial Commission for Unity and Racial Equality regulations, which Government will also be affected by.
Shadow Development and Opportunity Minister Allan Marshall said the Human Rights Act had been "part of the UBP's soul'' since its passing in 1981 and that he welcomed the improvements.
But he said he felt a clause in the legislation, which protects a person's "religion or beliefs'', might lead to the Human Rights Commission receiving "trivial complaints''.
He proposed the words be changed to "reasonably held beliefs''.
And Shadow Health Minister Kim Young expressed confusion at why discrimination on the grounds of age and sexual orientation had not been included as grounds for complaint.
She said she was concerned there is a risk that especially older people could be the victims of prejudice in the work place.
An Opposition bid to amend the bill was rejected by Mr. Lister, who said: "If the demand is there to study it, we will come back.
"I have been speaking to my technical officer and in five years they have not dealt with one case (involving age discrimination) but if the seniors community wants us to make changes we will entertain them.'' Ms Young also asked why people with AIDS and HIV were listed under the heading of people with disabilities in law.
But Government backbencher Neletha Butterfield said: "There are some diseases that do disable people and we as leaders have to let people know they can report any discrimination.'' The changes will now mean a single act of inappropriate sexual behaviour rather than a pattern constitutes sexual harassment.
The Act also gives the HRC powers to release information about investigations to a Government Agency, department or member of the public if it considers it "relevant to increase public awareness and understanding of the issues of human rights''.
Mr. Marshall and Shadow Legislative Affairs Minister John Barritt argued this could be interpreted as releasing the information before an investigation was complete.
They urged Government to accept an amendment that would make it clear that the information would not be released until the end of an investigation.
Mr. Lister refused to accept it, but said it was not his intention that any information be released during the course of an investigation.
Mr. Marshall also called for the HRC to be made into an independent body, disconnected from Government on the grounds that "the public might feel more comfortable'' dealing with an autonomous entity.
Mr. Lister rejected this too, saying: "If the Opposition had their way it seems everything would be privatised so Government has no control over anything at all.'' Shadow Youth and Sport Minister Patricia Gordon-Pamplin said she thought it was "a breath of fresh air'' to hear Government say everyone was a member of the same, human race.
She applauded the changes but said such things were few and far between, accusing Government of "looking in the rear view mirror'' too often instead of "moving forward''.
