Govt. will review ?outdated? Human Rights Act, new commission chair says
The Human Rights Act could protect homosexuals from discrimination in the future.
The Government announced that it will review Bermuda's current human rights laws, looking to bring them in line with international laws, as well as the role of the Human Right's Commission.
New chairwoman of the Human Rights Commission, Venous Memari, said the review will look at the law as it pertains to sexual orientation, along with other grounds of discrimination such as age.
The Government announcement stated the review would look at the "prohibited grounds of discrimination to identify possible gaps in protection and to recommend appropriate changes".
The review will also highlight inadequacies and ambiguous areas of the current Act and exam how the Human Rights Commission deals with complaints of discrimination.
Ms Memari said: "The Human Rights Act 1981 was lifted from the Ontario Code of 1979 and despite several amendments over the years, it is both outdated as well as lacking clarity and coherence in respect of the investigation and conciliation process and the board of inquiry procedure.
"The review was prompted by the challenge faced by the commission and it's officers as well as boards of inquiry in having to carry out their respective duties and powers within the confines of statuary provisions that are simply outdated and lack clarity and coherence.
The current Act is not clear on the investigation and conciliation process, she said, and the procedures which must be followed during inquiries are "wholly inappropriate and unsuitable for the conduct of human rights complaints".
She said that hot topics surrounding human rights in the last two years did not prompt the Government to review the Act. In particular she denied that public outcry over MPs refusal to debate an amendment which would have seen homosexuals protected under the law did not lead to the review.
Nor did complaints about the HRC's findings on complaints about former Premier Alex Scott or Sen. David Burch prompt the review, she said.
In 2005 both politicians came under scrutiny for comments they made which were perceived to be racist.
Sen. Burch used the term "house nigger" on his radio show while Mr. Scott accidentally sent tourism advocate Tony Brannon an e-mail which said he was "getting tired of listening to, and taking crap from people who look and sound like Brannon".
After inquiries into the incidents the HRC found that neither statement contravened the Human Rights Act.
The Government is looking for people with management experience in the field of human rights and a detailed understanding of comparative human rights laws and procedures to conduct the review as soon as possible.
The aim is to provide the Ministry of Community and Cultural Affairs with recommendations on the Act no later than March 30th.
For more information on the job visit gov.bm.