Human rights amendments passed
far enough, Opposition Senators charged yesterday.
The charges came as the the Human Rights Amendment Act received its second reading in the Senate yesterday. The bill was unanimously approved after four hours of debate.
And while Government Senators said it was regrettable the Act was needed at all, Opposition Senators said the amendments could go further.
And they called for amendments to the amendment itself to protect more people in the community.
The Act was introduced by Youth and Sport Minister the Hon. Pamela Gordon , who said: "The original act from 1981 was amended in 1988 to encompass the disabled.
"We are moving in the right direction but man's inhumanity to man still prevails. The Human Rights Act is a code of conduct. It is an unfortunate indictment that leaves none of us unscathed.
"Even today we see places like Somalia, Bosnia and Germany allowing some of the worst atrocities that mankind has seen. It is unfortunate that people should be regulated by laws as to how they behave towards others.
"If we lived in a perfect world this sort of legislation would not be necessary.'' Explaining the amendments of the 1992 Act, Sen. Gordon said that people who would benefit will be the disabled and women and men who faced discrimination.
It also protects people who wish to air their political and religious opinions.
The Act protects against sex discrimination in sports administration and from landlords, employers and fellow employees.
Sen. Gordon said: "No person, male or female should subjected to sexual harassment. There are female bosses who can also be sexually harassing to males.'' But Sen. Trevor Woolridge (PLP) said the Bill did not go far enough to protect people and compared Bermuda to South Africa.
Sen. Woolridge gave other Senate members a history lesson beginning with J.
Edgar Hoover's comments about the Black Power meetings in Bermuda. He accused the UBP Government of being slow in bringing in human rights to the Island.
Speaking about discrimination in workplaces, he said: "We have to accept that institutionalised racism is still very much allowed. It is a sad indictment of this country that in 1992 we have to bring legislation to protect the majority from the minority. Is that not like South Africa? "It's embarrassing and shameful. The PLP supports, in principle, these amendments to the Human Rights Act but they do not go far enough and the Act still lacks depth in coming to terms with discrimination.'' Sen. Woolridge said that there were still loopholes in protection for Bermudians seeking work, for the old and the young and for free speech.
But Sen. Wendell Hollis (UBP) said human rights were already protected by the Constitution.
Before quoting the relevant clauses, he said: "Sen. Woolridge has taken the Senate through the history of human rights up to today but he has not mentioned the Constitution of Bermuda.
"It provides for and protects the human rights of the people of Bermuda. Some people had suggested that because of the Constitution it was not necessary to have a Human Rights Act. If properly acted out it would not be necessary.
"The Human Rights Act is not in contravention, but in support of the Constitution.'' Sen. Norma Astwood (Ind) asked for better guidance on what constituted sexual harassment so even the most ignorant person would know what it meant, and would not commit such acts. She said: "Women are treated as second class citizens.'' But she asked that both sexes be protected from harassment and discrimination noting that while women were generally seen to be weaker in sports than men there are some "puny'' men.
Sen. Astwood said the Human Rights Act concerns specific disabilities suffered by people like asthmatics and it should be widened to promote smoking bans in offices.
And she called for an ombudsman to rule on matters where disabled people felt they had been discriminated against by prospective employers.
SENATORS CLAIM HUMAN RIGHTS CHANGES NEED TO GO FURTHER Sen. Astwood said women were often treated like chattels or property.
Police were also traditionally reluctant to intervene in domestic affairs, believing what went on "behind closed doors'' was none of their business.
It was, therefore, important to ensure Human Rights legislation had a positive impact.
Sen. Astwood asked whether there was a forum to discuss women's issues, other than the Women's Advisory Council.
"Many men have no understanding of the way a woman thinks, operates, and works.'' Sen. Astwood said she believed the Human Rights Amendment Act 1992 marked a gradual catching up with some of the issues confronting Bermuda.
Sen. Joe Johnson (Ind) noted the Senate was discussing human rights on Child Aid Day.
Sen. Johnson turned to the amendment removing the right of employers to demand to know job applicants' sex, marital status, and number of children.
He stressed the Department of Immigration was exempt -- and employers sometimes acted as its agents.
It was important for the public to understand there were instances where employers sometimes had a legal obligation to get information for the immigration department.
Sen. Johnson said employers, too, may need personal details to provide benefits for their employees.
He added that he generally welcomed the human rights legislation.
Senate president the Hon. Albert Jackson took senators through the history of Bermuda's human rights legislation.
"There has been a fairly continuous development in terms of legal enactments over several years.'' Sen. Jackson, the first chairman of the first Human Rights Commission, said the world had been slow to get to grips with human rights.
But human rights legislation in Bermuda had taken off from the 1960s, which saw a move towards more forward thinking on the issue.
"From that point in time until this moment there has been a gradual movement away from the conditions that existed in former times to a position which is more sympathetic to the rights and privileges of all people.'' Sen. Jackson highlighted the Bermuda Constitution and race relations legislation, which had helped buttress human rights.
In 1981 the Human Rights Act was finally put into place, with Bermuda being guided by Canada's legislation.
Sen. Jackson said a big plank of the latest amendments was to make Government accountable under the Human Rights Act.
This was a "major step'' -- although Sen. Jackson believed there would be further legislative amendments in the future.
"I am a gradualist. We don't take our first steps and immediately find ourselves capable of breaking the four-minute mile,'' he said.
Sen. Gordon revealed a report was being compiled on how people affected with HIV and AIDS "interact'' in the community.
This would provide an understanding as to how AIDs victims are protected, she added.
After moving into committee, senators unanimously passed all the amendments.
They agreed to make a very minor technical change to the wording of a clause in the bill.
This adjustment will now have to be sent to the House of Assembly for approval. Senate agreed to meet again on Monday. PHOTO The Hon. Pamela Gordon.
