Why the constitutional referendum should not fail

Tue, Mar 15th 2016, 12:20 AM

Prior to the close of 2014, the naysayers were already predicting doom and gloom in relation to the intended constitutional referendum on gender equality. Some opponents of a progressive move went as far as predicting that the referendum then scheduled for 2015 would fail and were encouraging Bahamians, either directly or indirectly, to vote against the effort to create gender equality.

One of the main obstacles to gender equality is and has always been comfort with the status quo and fear of change. In this regard, Deepak Chopra says it best that "every time you are tempted to react in the same old way, ask if you want to be a prisoner of the past or a pioneer of the future". Indeed the choices we make today will shape the future of our country and future generations of Bahamians. Against this backdrop, we consider why the constitutional referendum should not fail.

Another opportunity beckons

It is important to state that this is the third time that we are being presented with the opportunity to eradicate the bias against our women enshrined in the Bahamian Constitution. The records show that there were initial efforts by some of the crafters of our supreme law to prevent discrimination based on gender from making it into our constitution in the first place. The attempt by the Free National Movement government to rectify this anomaly in 2002 was unsuccessful.

The current administration has brought this matter to the populace in 2014 and is seeking to correct what some regard as an error of the Progressive Liberal Party in 1972 and 2002. If the popular saying that the third time is a charm holds true, then we have nothing to worry about. However, as The Nassau Guardian's editorial on August 6, 2014 rightly indicated, this will not be an easy or uncontroversial exercise and the moderates must fight to make gender equality a reality in The Bahamas.

The world has changed and is changing

While many of us maintain that the existing gender bias in our constitution should never have been included in the first place, the reality is that persons of a similar mind-set as those that framed this portion of our supreme law still exist in The Bahamas in 2016. These individuals refuse to accept that the world has changed and has become a global village. They deny the interconnectedness and interrelatedness of countries which drives home the point that no country is an island that can survive by being isolated from the rest of the world.

This school of thought ignores the level of reliance The Bahamas has placed and places on foreign direct investment for the successes we have achieved and standard of living we enjoy as a result of the multiplier effect on our economy. The proponents of this ideology also seem to conveniently forget the number of our past and current leaders that have benefitted from education and training in foreign countries.

It seems that they have also forgotten that we are not self-sufficient and rely on international trade; in particular imports for our sustenance. In short, the word "globalization" appears to be foreign to avid opponents of the movement for gender equality. The reality is that we cannot be insular in our thinking during this debate and suggest that can survive on our own.

International conventions and obligations

On September 18, 1979, The United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is sometimes referred to as the International Bill of Rights for women. The convention, which came into force in 1981, describes discrimination against women as, "Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field".

The Bahamas ratified this convention on October 6, 1993 joining 186 other countries that have done so. In ratifying the CEDAW, The Bahamas made an express undertaking to end discrimination against women in all forms.

However, The Bahamas has maintained reservations to three of the 30 articles of the CEDAW, and specifically Article 2(a) which embodies the principle of equality of men and women in their national constitutions or other appropriate legislation and Article 9(2) which states that women shall be granted equal rights with men with respect to the nationality of their children. Here we are in 2016, presented with a chance not only to do what is right but also to do what other nations have done several years ago.

Worsening the brain drain

In an article published in The Nassau Guardian on July 1, 2014 entitled "A generational view on the brain drain" reference was made to two studies conducted by the International Monetary Fund (IMF) and Inter-American Development Bank (IDB) on the brain drain being experienced by The Bahamas and within the Caribbean region. The IMF study showed that 61 percent of Bahamians educated to college or university level migrated to OECD countries for work. The IDB study noted that the brain drain is costing The Bahamas 4.4 percent of Gross Domestic Product (GDP).

The 2010 census revealed that 51.6 percent of the Bahamian population consists of women and more women than men possess educational qualifications beyond a high school degree. It was also recorded that of the 43,467 persons in The Bahamas that attended college, 61 percent were females while women accounted for 63 percent of degree holders.

There is no doubt that these statistics should spur the government and private sector to address the imbalance. However, these figures when considered together with the brain drain statistics and dilemma, underscore the importance of implementing policies that encourage Bahamians who study overseas to return home to contribute to our nation's development. The failure to secure equal rights for Bahamian women will not help in stemming the scourge of the brain drain.

Cultural and psychological implications

The public debate and specific views expressed by individuals that have held themselves out as champions of the masses have been revealing. More importantly, commentaries have shown how some Bahamian men feel about women; in some cases showing that they still view women as chattel and not as equals. To state that the level of disrespect for the custodians of the country's conscience is still prevalent in The Bahamas would be an understatement. Indeed the Bible says it best that out of the abundance of the heart, the mouth speaks. Similarly, the discussion also explains why women have been complicit in the maintenance of the status quo by opposing an initiative that is designed to benefit them.

The consequences of the failure of this constitutional referendum will be far reaching and would significantly set us back as a nation. A paradigm shift in the way women are viewed in our country is at stake and we will be remembered as the generation that either chose to make a difference or maintain the status quo to the detriment of future generations. The movement for gender equality will suffer a major setback from which it may never recover if the women of this great country in conjunction with our Bahamian brothers do not stand up for what they know is right.

Invincible womanhood raises her head again

The demonstration by Bahamian women in front of the House of Assembly on August 13, 2014 is not the beginning but a new beginning. The winds of change are blowing and though it may tarry, change is inevitable. The following famous quote serves as a call to all change agents - The world is changing and the individuals on the transition team must identify themselves and stand against all odds. We must exercise our right to determine the destiny of our country based on our beliefs and conscience.

The fight for equal rights has not just begun; the late Dame Doris Johnson in a famous and groundbreaking speech remarked that "invincible womanhood, mother of men and ruler of the world, raises her noble head and approaches the courts of justice with the clarion call for equal rights for all Bahamian Women...." The current generation of Bahamian women working with men must continue with this fight for equality that helped usher in Majority Rule in The Bahamas - not only for women, but for men too.

We are unafraid to stand up for a change that is long overdue. Indeed invincible womanhood raises her noble head once again to demand that which is rightfully hers, to claim something that belongs to her as a human being and citizen of the Commonwealth of The Bahamas and insist that she no longer be denied.

Borrowing from the essence of an old African adage, the lionesses have emerged to continue the work of their ancestors and change the course of history for generations yet unborn. We have come to look for The Bahamas once again. o Arinthia S. Komolafe is an attorney-at-law. Comments on this article can be directed to a.s.komolafe510@gmail.com.

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