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Human Rights Act continues to define Bermuda society

The Human Rights Commission yesterday celebrated its twentieth anniversary.The Human Rights Act, struck in 1981, recognises human rights as set out in the Constitution, the UN Universal Declaration of Human Rights and the European Convention on Human Rights."Recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world," the first paragraph of the Act reads.

The Human Rights Commission yesterday celebrated its twentieth anniversary.

The Human Rights Act, struck in 1981, recognises human rights as set out in the Constitution, the UN Universal Declaration of Human Rights and the European Convention on Human Rights.

"Recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world," the first paragraph of the Act reads.

The 11-page document attacks all forms of discrimination including sexual, racial and even the publication of certain signs.

In addition, the Act forms the Human Rights Commission to "encourage... the principle that all members of the community are of equal dignity, have equal rights and have an obligation to respect the dignity and rights of each other".

Critics complained the commission was a "paper tiger" and lacked "teeth".

Ironically, a violation of the Act could result in a $1,000 fine for the first offence or $3,000 and/or three months imprisonment for the second offence upon summary conviction.

Some critics went a step further, saying that human rights legislation was wrong in principle because it could not legislate love.

Quinton Edness, then Minister of Community Affairs, dismissed the critics saying, "No country that has ever enacted human rights legislation has ever claimed that creating love is its objective.

"Nevertheless, we do enact laws that prevent people from injuring each other; their purpose is to enhance the social relationships in society, not to create love."

Bermuda was encouraged to enact the legislation by British and American authorities and was asked if the Government wanted assistance during an international human rights conference in England in late August, 1981.

"All representatives were co-operative and they offered to help Bermuda in any way possible during the early months of operation of the legislation," said Mr. Edness.

The first chairman of the commission, Albert Jackson, told The Royal Gazette: "As I recall, the Human Rights Act came at a very important time in Bermuda's history. We saw the movement away from a totally segregated society toward a society based on racial integration in the 1960's.

"I see the Human Rights Act as one of the important pieces of legislation in Bermuda's history. I see it as a positive outlook at large," he said.

The Human Rights Commission's acting executive officer David Wilson said: "The Commission is here to investigate and to educate, and generally to administer the Act. That's what we're really doing - making sure the provisions are complied with."

The Act and the Commission are managed on a day-to-day basis by the Office of the Commission, that Mr. Wilson heads, and falls under the Government department of Human Affairs.

He is one of four staff in the office, including two investigative officers and an administrative assistant.

Speaking to The Royal Gazette, Mr. Wilson said several memorable amendments to the legislation include giving authority to the commissioners to investigate alleged human rights violations without being approached by a complainant.

"There was a time when commissioners had to wait for a complainant to come in. Now, if the commission hears of a matter that it believes are in the public interest, it can go forward," said Mr. Wilson.

"There are different ways in which a complaint can be lodged. A person can walk in the office and we'll do our best to immediately speak. "Sometimes it's been by phone. Occasionally, someone may mail something to us. In all cases, an investigations officer will sit down with the complainant. The complaint must appear genuine before we can investigate."