Gov't subject to human rights under amendment
passing of the Act in 1981,'' Community Affairs Minister the Hon. Leonard Gibbons said yesterday.
"In today's world it goes against the grain of democracy where a government can pass a law it is not subject to,'' Mr. Gibbons told The Royal Gazette before handing over a copy of the 12 proposed changes that are to be drafted before they are tabled in the House of Assembly.
If the amendment is passed, Government officials, like any citizen, will be subject to investigation and prosecution.
Under the present Human Rights Act, which was last amended in 1990, Government cannot be prosecuted.
This has brought the Human Rights Commission, which was established under the 1981 Act, criticisms of being almost toothless and ineffective.
But Mr. Gibbons said to this date there have only been three cases which the Commission did not solve through reconciliation.
Once the Commission cannot resolve a difference, he explained, it has the right to let the Minister have the matter heard by a board of inquiry or have the Attorney General prosecute.
"But most of the work by the Commission is education and reconciliation.'' Mr. Gibbons said the proposed changes to the Act in following areas, however, broaden the Commission's scope and "make people realise there is protection from the other person'': protecting the rights of those with physical disabilities in the workplace; extending protection from sexual harassment in the home for tenants or landlords and workplace for employees or employers; accepting written complaints from persons who are prepared to sign a complaint form, and oral complaints dictated to the Commission officer and signed by the complainant and the officer; permitting the Commission, in its discretion, to consider a complaint that is more than six months to two years' old; and adding a section to give the Act primacy over future legislation, without restraining Parliament's discretion and interfering with ordinary principles of sovereignty of Parliament.
Chairman of the Commission the Rev. Canon James Francis said the amendments will "give people a sense that there is fairness on both sides''.
"I know they have been waiting for this,'' he said. "For the first time I think we have heard the will of the people and we have responded to the will of all people.
"We will gladly take all we've got and go to work.'' Canon Francis, who praised all members of the Commission and community who helped in outlining the proposals, said the Commission will continue to push for amendments to the Act as the need arises.