The Universal Periodic Review of The Bahamas under the First and Second Cycles
6. The Bahamas was first subjected to the Universal Periodic Review on 1 December 2008, at Session 10 of
the First Cycle, and subsequently on 23 January 2013, at Session 23 of the Second Cycle of the UPR. During
the first review’s interactive dialogue, Mexico expressed concern regarding women’s inability to transmit
their nationality to their children and foreign spouses on an equal basis with men. There were no
recommendations specifically mentioning the right to a nationality, though several States encouraged The
Bahamas to take steps to address discrimination against women and to withdraw reservations to the
Convention on the Elimination of All Forms of Discrimination against Women. Five recommendations
during the Second Cycle directly addressed the issue of gender discrimination in the nationality law of The
Bahamas:
Recommendation
Response by The
Bahamas
92.39. Strengthen the resources given to the Office of Women's Affairs and ‘Consider - Presently
consider the possibility of complying with the recommendations of UNHCR before
the
and CEDAW, concerning the abolition of the legal provisions that prevent the Constitutional Reform
transmission of nationality to Bahamian women (Paraguay);
Commission’
92.40. Consider amending the legislation regarding the transmission of
nationality to children of Bahamian mothers born abroad and foreign
spouses in order to ensure full and effective equality of rights between men
and women in this area (Peru);
92.41. Ensure that Bahamian women are able to pass their nationality to their
children on equal footing with men, including by withdrawing the reservation
to Article 9 (2) of CEDAW (Slovakia);
92.42. Consider revising relevant legislation on the matter of transfer of
nationality from parents to children to ensure equal rights between men and
women (Thailand);
92.43. Raise public awareness about the equality of rights of women with
regard to nationality, consider amending the national legal system to ensure
the equal rights for women and men in this area, and continue working and
promoting national initiatives aimed at gender equality in the country
(Guatemala);
7. The Bahamas agreed to consider the recommendations, noting that the issue was presently before the
Constitutional Reform Commission.
8. Some of the other most relevant recommendations under the 2013 UPR include:4
Recommendation
Response by The
Bahamas
92.7. Accede to the OP-CEDAW, to further strengthen its commitment to the ‘Accepted’
equality and protection of women (Australia);
92.29. Strengthen the rule of law and the current legal reform process for
better ensuring equality, freedom and enjoyment of all human rights for its
people, especially vulnerable groups like women and children (Viet Nam);
4
See the Report of the Working Group on the Universal Periodic Review: Bahamas, 23 January 2013, at Session 23, available at:
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/125/11/PDF/G1312511.pdf?OpenElement