In the context of the UPR, Amnesty International makes the following recommendations to the Bahamas:
Violence against women:
• To amend the Sexual Offences and Domestic Violence Act to criminalize marital rape;
• To ensure that there is a process of effective consultation with all relevant stakeholders, including civil society organizations, in the development of the proposed strategic plan to address sexual violence;
• To ensure that the proposed strategic plan to address sexual violence includes elements of prevention, investigation and punishment of acts of violence, but also service provision and redress for victims, awareness raising, education and training, and systematic data collection and research;
• To ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
Refugees and migrants’ rights:
• To implement migration policies that protect human rights, including ratifying and implementing the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
• To ensure that no Haitian nationals are forcibly returned until the humanitarian situation in Haiti has improved;
• To submit its combined fifteenth and sixteenth periodic reports to the Committee on the Elimination of All Forms of Racial Discrimination that were due in September 2006.
Discrimination against lesbian, gay, bisexual and transgender persons:
• To repeal all provisions that discriminate against persons on grounds of their sexual orientation, including in the Domestic Violence (Protection Orders) Act (2007), the Sexual Offences and Domestic Violence Act, and the Penal Code;
• To include sexual orientation in Article 26 (3) of the Constitution and Article 6 of the Employment Act (2001) as a basis for protection from discrimination;
• To establish and implement policies and initiatives to address discrimination based on sexual orientation or gender identity.
Excessive use of force by the security forces:
• To ensure that all complaints of excessive use of force by the security forces are subject to immediate, thorough and independent investigation and, if state agents are charged with misconduct, that their cases are brought to trial in an expeditious manner and in line with international standards for fair trial;
• To establish a fully independent oversight body to receive and investigate complaints of police misconduct and reports of human rights violations.
The death penalty:
• To immediately establish a moratorium on executions with a view to abolishing the death penalty, in line with UN General Assembly resolutions 62/149 of 18 December 2007, 63/168 of 18 December 2008 and 65/206 of 21 December 2010;
• To commute without delay all death sentences to terms of imprisonment;
• To ratify without reservations the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at abolition of the death penalty;
• Pending full abolition of the death penalty: To ensure rigorous compliance in all death penalty cases with international standards for fair trial.
International human rights standards:
• Ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention for the Protection of All Persons Against Enforced Disappearance; the First and Second Optional Protocols to the International Covenant on Civil and Political Rights; the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; and the Rome Statute of the International Criminal Court.