Rights complaints against Gov't increase
drove the Human Rights Commission to push for amendments to the Human Rights Act, chairman Canon James Francis said yesterday.
But Indpendnent Mp Mr. Stuart Hayward questioned whether the amendments -- tabled on the last day of the House's summer session -- would ever become law.
And approval of some amendments to the Act will require approval from the Queen in order to make the military liable.
Canon Francis said the most important part of the proposed Act was the provision making Government subject to investigation by the Human Rights Commission.
Under the current Act, Government, including the Police, Attorney General's Chambers and military, cannot be investigated or prosecuted.
Canon Francis said the proposed amendments had the Commission's "full support'' and he was hopeful it would be brought back before the House.
"The Crown is bound by the Act in almost every other jurisdiction. You can't have the public bound by it but not Government.
"A growing number of people were coming in and saying their rights had been abridged by Government.'' Canon Francis said under the current Act the most the Commission can do if someone lodges a complaint about a Government member or employee is "call attention to irregularities and write letters''.
He said "many more changes'' to the Act were needed. "We will never stop fighting for the people's rights,'' he said.
He added: "I will be very pleased if the Act is passed the first day the House of Assembly meets again. I am sure the Queen in graciousness to the citizens of Bermuda will allow the Crown to be bound.'' Community and Cultural Affairs Minister the Hon. Leonard Gibbons said when he tabled the bill that making members of the military liable to investigation under the Act requires the permission of the Queen because defence comes under the Governor.
Mr. Gibbons said a letter seeking permission has been sent to the Queen and her answer is expected by the time the House reconvenes in November.
However, long-time human rights activist and Independent MP Mr. Stuart Hayward is doubtful the proposed amendments will come back before the House to be debated.
"I can't tell you how upset I was the Minister presented it on the last day before the summer recess,'' he said. "To present something on the last day before the summer recess is to present something that is automatically dead on the table. I don't have any confidence it will be presented when the House sits again.'' Mr. Hayward added: "The amendments are desperately needed. In effect we don't have a Human Rights Act. What we have at the moment is a travesty.'' Other changes proposed include: Removing the right of employers to demand from applicants for jobs information about their sex, marital status and number of their children.
Extending existing protection from sexual harassment in the home for "landlords'' and tenants, and in the workplace for employees or employers.
Allowing the Commission, in its discretion, to consider a complaint that is more than six months to two years old.