Europe move would not obligate Island to enact sexual orientation law
Membership of the European Union’s Overseas Countries and Territories Association would impose international human rights obligations on Bermuda.But, according to an opinion by Queen’s Counsel commissioned by Centre for Justice, it is “unlikely” that Bermuda would have to enact prohibitions on sexual orientation discrimination as a result of its membership.Premier Paula Cox signalled earlier this year that Bermuda might be joining the OCTA which would create direct formal links with the European Union.But joining up means first signing on to the EU’s Overseas Association Decision which contains a clause prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in key areas.Bermuda already prohibits discrimination on all of those grounds except age and sexual orientation.This newspaper asked Government in February whether OCTA membership would force it to legislate against sexual orientation discrimination, but there was no response except to say Government was already committed to tackling discrimination.The OCTA brings together about two dozen territories with links to the United Kingdom, Holland, France and Denmark and is governed by EU regulations known as Overseas Association Decisions.“The OCT-EC association shall be based on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law.“These principles, on which the Union is founded in accordance with Article 6 of the Treaty on European Union, shall be common to the Member States and the OCTs linked to them,” reads the first Article of the OAD.The second article contains the anti-discrimination clause.According to the opinion received by Centre for Justice “the Government of Bermuda might therefore be in breach of its international obligations if it discriminated on the grounds of sexual orientation in any of those areas.“However, there is nothing in the OAD to suggest that states are under a positive obligation to introduce laws to prohibit discrimination on those grounds.“Equally, the Decision is unlikely to be enforceable in the domestic courts in Bermuda.”The opinion adds that “it is therefore unlikely that Bermuda would have to amend its laws to prohibit discrimination on the grounds of sexual orientation if it signed on to the OAD.”