Submission 10

Sent: Tuesday, August 23, 2022
To: ConstitutionalReform
Subject: Submission from - Constututional Reform

Good afternoon,

Please see the recommendations attached from the community organization -

We are a community of non-religious citizens whose focus is:
(a) The Promotion of science education;
(b) The Promotion of rational thought;
(c) The Promotion of critical thinking and inquiry;
(d) The Promotion of Human Rights.

RECOMMENDATIONS

FOR CONSTITUTIONAL REFORM

The has come together and agreed upon the below suggestions and recommendations for constitutional reform and are glad to be a part of the process.

1. The Removal of all references to “God”

A. Belief in a God is a matter of voluntary individual choice, and ought not to be imposed.

B. Barbados has a secular government and is home to a diverse religious and non-religious population.

C. Using the term “God” is divisive as it begs the question which religion’s God is being referred to, or being favoured over the others.

D. The State and religion should be separate entities.

2. Freedom of thought and Freedom of speech should not be impeded by ‘blasphemous libel’

A. As a pluralist country this law is outdated.

B. We should not ignore how laws like this around the world are being used to imprison and victimize persons who speak out against religious injustices.

C. Citizens should be allowed to speak freely and responsibly on all matters pertaining to religious issues.

3. Abolition of the death penalty

A. All murder is inhuman and unethical whether carried out by an individual or a state.

B. The death penalty is a cruel and degrading punishment regardless of what the circumstances are and who is accused.

C. The death penalty breaches fundamental human rights i.e The Right to Life and The Right to live free from torture, or cruel, inhumane and degrading treatment or punishment.

D. The death penalty is an irreversible process should it be subsequently found that an error was made.

4. It is our hope that the new constitution will prohibit Corporal Punishment as a sanction and disallow its use in schools and homes:

A. This practice is outdated and barbaric.

B. There are a multitude of humane ways to discipline.

C. This practice is directly linked to our slave history.

5. Establish LGBTQ Rights:

A. Decriminalise sexual acts between adults of the same sex .

B. The non-discrimination Clause should make specific reference to sexual preferences being a right.

C. It is not fair for a society to welcome couples and families of all types to visit, work and enjoy the island as tourists and business persons, but prohibit its own citizens by law from the same freedoms and rights.

D. Homophobia is a relic of religious dogma and slave society.

6. The Decriminilisation of Sex Work and Health advocacy for the workers:

A. Societal Education to reduce the stigma of sex work

B. Health services for the sex workers

7. The Change to a Democratic Electoral System replacing the First Past to Post System with a Proportional Representation System:

A. The Proportional Representation system makes way for other parties to be represented in Government

B. It's in the interest of democracy that people’s views are represented.

9. Establish a Human Rights’ Commission:

A. Given our history of slavery and indentureship, we should be in the vanguard globally in protecting human rights.

B. The Commission’s chief personnel appointments should be on par with the appointment of judicial officers - to monitor legislation; receive complaints; and to make recommendations, as follows:

• a. to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights;

• b. to encourage and co-ordinate programmes and activities in the field of human rights;

• c. to make public statements in relation to any matter that may affect or infringe human rights, whether or not those human rights are affirmed in Barbados’ domestic human rights’ law or international human rights’ law;

• d. to make public statements re complaints of unlawful discrimination;

• e. to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with human rights;

• f. to receive and invite complaints and or representations from members of the public on any matter affecting human rights;

• g. to consult and cooperate with other persons and bodies concerned with the protection of human rights.

• h. to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights.

• i. to apply to a court or tribunal, under rules of court or regulations specifying the court’s or tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in any way permitted by those said rules or

  regulations, if, in the Commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a).

• j. to report to the Prime Minister directly on any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights;

• k. to promote the development of new international instruments on human rights;

• l. to promote and monitor compliance by Barbados with the implementation of international instruments on human rights, as ratified by Barbados;

• m. to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in Barbados;

• n. to publish an annual report documenting the human rights situation in Barbados.