Bermuda: Age, sexual discrimination to be examined .......

According to the Bermuda Sun

Age discrimination could soon be outlawed, Government said on Friday. Amendments to the Human Rights Act are due to be tabled in the House of Assembly to ban discrimination on the grounds of age. And a new Equality Act could be used to make discrimination on the grounds of sexual orientation illegal.


 Delivering the Throne Speech at Cabinet Office, Governor Sir Richard Gozney said: “In keeping with its track record of dealing with sometimes controversial social issues, your Government will also be tackling discrimination.


 “While the Government is aware of the sensitivities in the community surrounding sexual orientation, it does not condone discrimination in employment and accommodation based on a person’s lifestyle choices. “Accordingly, the Government will assess whether it is feasible to introduce an Equality Act.” Afterwards, Premier Paula Cox added: “People know they are not buying a pig in a poke — we’re not being secretive about dealing with discrimination.”

 ENDS

 But a leading gender variant rights activist is suggesting that the proposed Equality Act is leaving out her group along with transgender persons: In a quote Brenda Lana said: "When are Bermuda’s powers-that-be going to gallantly throw off Biblical literalistic shacklement and proactively get it into their heads that gender-variant folk on the island are openly subject to discrimination with impunity, too… that sexual orientation and gender identity are individually separate and distinct innate entities that need to be regarded, included and legislated as such in a much needed UK dovetailing “Equality Act” and amendments to Bermuda's present gay and gender-variant omissive Human Rights Law?

Submission from Brenda Lana Smith, Bermuda - 29 January 2008 to the UK parliament 



HUMAN RIGHTS IN THE OVERSEAS TERRITORIES 

  1.  As an abused septuagenarian male-to-female 23-years' post-operative transsexual Bermudian I am actively interested in amending the Bermuda Human Rights Act 1981 to afford full legal recognition of a post-operative transsexual person's presented gender, and criminalize discrimination against gender variant persons, particularly on the grounds of their presented gender identity.

  2.  While not precluding my right of individual petition under the European Convention on Human Rights ("ECHR") consistent with the rulings of the European Court of Human Rights with respect to the Convention rights of transsexual people under Article 8 (right to respect for private life) and Article 12 (right to marry) I respectfully draw to the House of Commons Foreign Affairs Committee's attention the lack of human rights legislation to protect transsexual persons on Bermuda.

  3.  The Bermuda Human Rights Act 1981 by omission not only legitimizes discrimination against persons on the grounds of their sexual orientation, but on one's presented gender identity, too ... to wit:

  4.  Gleaned from a lengthy electronic exchange with the British government concerning the lack of human rights legislation to protect transsexual persons on Bermuda the United Kingdom Foreign and Commonwealth Office, Overseas Territory Department, confirmed:

—  That the UK Gender Recognition Act 2004 does not extend to any British Overseas Territories.

—  That Bermuda has not enacted any legislation to recognize transsexuals.

—  That it would appear that there is no gender recognition system in place in Bermuda and Bermudian courts or officials will not therefore recognize United Kingdom gender recognition certificates.

—  That Bermuda is expected to comply with obligations under human rights instruments which have been extended to it. In particular. Bermuda is bound by the European Convention on Human Rights ("ECHR") and, like persons in the UK persons in Bermuda have the right of individual petition under the ECHR.

  5.  Accordingly, the financial cost to the Bermuda government of complying with its obligation under the ECHR, by voluntarily rectifying the present lack of rights afforded transsexual persons under its jurisdiction would be significantly less than having to defend one of probably no more than a handful of abused transsexual persons pursuing favorable justice that they understand they will receive—by precedent (Goodwin v The United Kingdom and I v The United Kingdom (2002) 35 EHRR 18.)—before the European Court of Human Rights.

However Prior to 1994, gay male sexual conduct were punishable by up to ten years imprisonment. Following the passing of the Stubbs Bill in that year, gay male sexual conduct was legalised in Bermuda, but with a higher age of consent for gay male sexual conduct at 18, than the age of consent of 16 for heterosexual and lesbian sexual conduct. There is no legal recognition of "gender identity", and thus, by omission, no protection from discrimination. The ability of persons to express their gender identity is often difficult; for example, in 2006, the government attempted to ban Mark Anderson, also known as the drag queen "Queen of Bermuda" Sybil, from participating in a parade, stating that he contradicted local mores and sensitivities. In mid-2009 it was announced that gay Bermudians would be participating in Pride London, with an estimated 30 LGBT London residents from Bermuda marching, and that it hoped to follow in Anderson's footsteps and participate in a future Bermuda Day parade; gay Bermudians doubted, however, that there would be large-scale participation due to fears of repercussions against their families. 


Recognition of same-sex relationships 


 Discrimination on the grounds of sexual orientation is legal; despite repeated recommendations by Bermuda's Human Rights Commission that the government change this. In late 2004, the Government of Bermuda promised to amend the Human Rights Act to cover sexual orientation,—but by late 2005 the matter appeared to have been quietly dropped, until the following year. In 2006, an amendment to the Human Rights Act was proposed in the House of Assembly of Bermuda, but the Parliament of Bermuda refused to even discuss the issue. In April 2007 an activist group called "Two Words and a Comma" was formed to pressure the government of Bermuda into amending the act. Following his sudden resignation from Cabinet in 2009, former Culture Minister Dale Butler raised the issue of the amendment, saying that he had intended to table an amended Human Rights Bill in Fall 2009, but that it was now the responsibility of new Culture Minister Neletha Butterfield to re-table to do so; Butterfield responded that she was still being apprised of the workings of the Ministry and so could not comment on future plans. 


In November of that year, following a mention in the annual speech from the throne that the Human Rights Act was to be amended, a rumour circulated that this would include protection for gays. Premier Brown's press secretary appeared to confirm the rumour, but it was refuted by both the Human Rights Commission and Minister Butterfield, who commented that a sexual orientation clause was still under investigation. Bermudians have tried to appeal to the Parliament of the United Kingdom regarding LGBT discrimination,prompting the Foreign Affairs Committee to recommend that the British government should take steps to extend human rights in the British overseas territories (BOT), for which the UK is ultimately responsible. Bermuda's human rights in general do not have a favourable reputation; In mid-2008, Bermuda was the only BOT to refuse to join a four-year human rights initiative organised by the Commonwealth Foundation Ironically, 


Bermuda has actually been the host of gay tourism for many years. The LGBT travel company Pied Piper, for example, has been organising trips — albeit on a smaller and much quieter scale — to the country since 1990, without incident.


in 2006 hundreds demonstrated outside the parliament building to protest - MPs' gay rights 'silence'


Peace and tolerance


H