Make your voice heard, urges Human Rights Commission
As the Human Rights Commission (HRC) continues its tour of the Island, the audience at the latest roadshow was urged: make your voice heard, no matter what.Questions regarding labour issues and sexual orientation prevailed when the HRC Roadshow met at Whitney Institute.Selina Bean, of the organisation Two Words and a Comma which wants sexual orientation covered under the Human Rights Act said the group had been “quiet” recently, but vowed: “We’re coming back, and we’re going to be louder this time.”Age is also not covered under the present Human Rights Act, HRC executive officer Lisa Lister concurred.“Such complaints are still recorded,” she said. “That’s why we want to receive them, so that we can provide documented evidence.”And, even though sexual orientation is missing from the Act, she added, the HRC “would work closely with such a complaint to see if the Act can apply from another position.”“Now is a really good time to write to your MPs,” added discussion moderator Kimberley Caines.“Given the climate of an election coming up, I think they would be very inclined to listen.”HRC chair Shade Subair told Ms Bean: “There are still a lot of people who really don’t understand what is being requested. There are still people who think you are asking for some sort of special treatment.”She advised audience members hoping to amend the Act to keep up their pressure on Government.The panel heard numerous questions, some strongly-worded, on injustice in the workplace.Charging that slavery was still practised in Bermuda, one listener said: “We have a three-tier system in Bermuda. We have Anglo-Saxons, we have local Bermudians, and then those of less developed countries.”He said he had repeatedly complained to the HRC of unfair pay for guest and migrant workers, such as masons being paid $12 an hour, but that nothing seemed to get done.Ms Subair said if a matter had already gone before a Board, it was difficult for the HRC to pursue the same matter.“Once it hits that stage, that’s all we can do,” she said.“We can’t assist if you feel dissatisfied, but if you know of other cases, I encourage you to renew your complaint.”One woman asked what her rights were if she agreed to certain working hours, only to have them changed after six months.She was told that issue would be better referred to an Employment Tribunal.Another asked where she could take her case of a company reneged on a promised pay.“To the Department of Labour and Training,” Ms Lister answered. “But we advise people: before you agree to a job, get it in writing.”Even an e-mail to an employer could strengthen a case, Ms Subair added.The panel was asked where a worker should go if they were made redundant after two years on the job, only to find a foreign worker taking that job two weeks later.“Again, Labour and Training,” Ms Lister said. “However, if it were an allegation that they felt they were fired because they were black, whatever evidence they could provide would be very important.”Other audience members questioned the HRC’s actual powers.Ms Lister assured one questioner that the Minister is obliged to refer valid matters to a Board of Inquiry, and that the Board has powers to order restitution.Administered by the Department of Human Affairs, the HRC has a pool of about 40 people to select Board members from, many of them lawyers.Asked if she would give the HRC more power if she could, Ms Subair admitted: “It would definitely shorten the process if the commission could act like a tribunal. It’s a lengthy procedure right now.”She added that the Act has been under review for five years, and changes are being considered.The processes may appear convoluted at times,” she said. “But the Act in its current form definitely has teeth.”