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Lisa M. Reed, Executive Officer
2021 saw the impacts of the pandemic continue to influence all areas of life in Bermuda. The Commission worked with individuals, organisations and the Government of Bermuda to recognise that, with any mandatory policy or practice applied to society collectively, the potential for discriminatory impacts exist and must be carefully assessed to ensure violations do not occur.
VISION
The Human Rights Commission
envisions a community that honours and protects human rights for all.
MISSION
As the National Human Rights Institution in Bermuda, our mission is to eliminate discrimination through collaborative advocacy, education and enforcement.
The Officers of the Commission
Office Team
Lisa Reed, Sonia Astwood, Erlene Postlethwaite, Sara Clifford, Darnell Harvey, Treadwell Tucker, Arion Mapp and Ailey McLeod, 2021 Graduate Trainee
Our Statutory Mandate
As Bermuda’s National Human Rights Institution, the Commission takes a leading role in the modern interpretation of its statutory mandate and the promotion of the indivisibility and interdependence of all human rights.
Human Rights in the Age of COVID-19
Balancing Rights and Responsibilities
The COVID-19 crisis has been fueled by deepening poverty, rising inequalities, structural and entrenched discrimination and other gaps in human rights protection. Only measures to close these gaps and advance human rights can ensure we fully recover and build back a world that is better, more resilient, just, and sustainable.
End discrimination of any kind:
Structural discrimination and racism have fuelled the COVID-19 crisis. Equality and non-discrimination are core requirements for a post-COVID world.
Address
inequalities:
To recover from the crisis, we must also address the inequality pandemic. For that, we need to promote and protect economic, social, and cultural rights. We need a new social contract for a new era.
Encourage participation
and solidarity:
We are all in this together. From individuals to governments, from civil society and grass-roots communities to the private sector, everyone has a role in building a post-COVID world that is better for present and future generations. We need to ensure the voices of the most affected and vulnerable inform the recovery efforts.
Promote sustainable
development:
We need sustainable development for people and planet. Human rights, the 2030 Agenda and the Paris Agreement are the cornerstone of a recovery that leaves no one behind.
Complaint Management
Members of the public can submit queries to the Commission and pursue complaints of discrimination, harassment or reprisal by filing complaints in accordance with section 14H of the Human Rights Act, 1981.
Voluntary Mediation Programme
Mediation is a method of resolving complaints by bringing the parties together and helping them to move from a conflict situation to one of a resolution. It is a practical process through which the Mediator helps the parties to work towards a mutually agreeable resolution. The parties are provided with three options to choose from to appoint a Mediator, following a conflict check, where the parties are unable to agree, the unselected Mediator is appointed to facilitate the mediation process. The mediation process is always voluntary, and delivered at no cost to either party, to aid in resolving any grievances. In 2021, mediation efforts were carried out for four (4) matters, one (1) was successful and resulted in the parties mutually resolving the complaint. Two (2) matters were unsuccessful and proceeded to an investigation and by the end of 2021, one (1) matter remained ongoing with the parties continuing to engage in the Voluntary Mediation Program.
Referral Process
The Commission provides a robust triage and referral process to assist the public in finding a resolution to their query or complaint in the event their matter does not appear to fall under the authority of the Human Rights Act, or where another organization may be of assistance. In 2021, the majority of referrals were made to the Department of Workforce Development.
Education & Engagement
All residents of Bermuda have rights and responsibilities which are enshrined under the Bermuda Constitution Order 1968 and which are extended through the Human Rights Act, 1981. Amongst other protections these fundamental rights forbid discrimination based on certain personal characteristics and areas of daily life. Human rights education and engagement is designed to enhance legislated protections, beyond enforcement, to support a culture with shared responsibility to consider, balance, evolve, and uphold rights. Educational delivery is diverse and includes awareness-raising, research and analysis, consultations, policy guidance, training, and strategic stakeholder partnerships.
Rights in the Community
2021 saw Bermuda and the world still gripped by the pandemic and its impacts. Considerations around individual and collective human rights continued to influence all spheres of life in Bermuda.
Human Rights Guidance
The Commission is both a complaints-handling authority and a public resource to promote understanding of human rights obligations and compliance with the Human Rights Act, 1981. Over the past year, individuals and groups across the public and private sectors sought guidance on various issues related to the Human Rights Act 1981 and associated responsibilities.
Team Spirit
Amidst the ongoing impacts of the pandemic and adherence to health and safety protocols, the team continued to focus on ensuring accessible service delivery. Where possible the team sought to support and celebrate our community and each other.
Legal Matters
The Human Rights Act, 1981, was amended in 2021, which brought forth structural changes to how matters referred to a tribunal are adjudicated with the establishment of the Human Rights Tribunal under section 17A of the Act. The Human Rights Amendment Act 2021, passed in both the House of Assembly and the Senate, and received the assent of the Governor on September 27, 2021.
The amendments expanded the functions of the independent Selection and Appointment Committee to include conducting the recruitment, selection and appointment of a panel of members to the Human Rights Tribunal. Panel members of the Human Rights Tribunal are not subject to the direction or control of any other person or authority and are appointed for terms of one to three years with the panel Chairperson and Deputy Chairperson being appointed for a term of three-year years.
The amendments established Schedule 3, which provides for the appointment of panel members to the Human Rights Tribunal, the constitution of the Tribunal and proceedings before the Tribunal.
The amendments established further statutory powers of the Human Rights Tribunal, which included the power to obtain information, require a person to appear before the Tribunal and give evidence or produce documents, exclude the public or any representative of the press, if necessary or desirable to protect the privacy of the parties to the hearing and to determine any matter before the Tribunal. In each calendar year, the panel Chairperson is statutorily responsible for submitting reports to the Executive Officer to set out decisions and awards made by the Human Rights Tribunal.
Complaints
Summary
Accountability
The Commission is committed to ensuring transparency as relates to our function as a public body, while upholding our statutory obligation to confidentiality in our dealings with matters of individual complaints and investigations.
Timeline of the
Human Rights
Act
In Remembrance
LaVerne Furbert, J.P.
(September 1, 1946 – January 31, 2021)
The Human Rights Commission wishes to express our condolences to the family of LaVerne Furbert. The countless tributes in her honour recognised Sis. Furbert for her dedication to family, public service, and steadfast advocacy to protect and advance labour rights. Sis. Furbert also served as a Human Rights Commissioner.
Laverne’s Bermuda Industrial Union colleagues shared,
‘Sis. LaVerne, in the words of Martin Luther King Jr., was truly a Drum Major for Justice; she was fearless and a woman of principle, and she stood on her beliefs no matter who disagreed with her. Sis. LaVerne spoke on issues that many were afraid to speak on. She was a true Trade Unionist and would go out of her way to help our members when needed and would defend the principles of the union to anyone who dare speak ill of the BIU.’
And from the Progressive Labour Party,
‘Sister Laverne’s counsel and candour could always be counted on as the Party toiled in Opposition or served in Government. LaVerne was fearless, had a sharp tongue and strong opinions, but a huge heart and a giving soul. She would help anyone in need, political persuasions cast aside.’
Desmond Tutu
(October 7, 1931 – December 26, 2021)
‘I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights!’
Letter of Transmittal
The Office of the Human Rights Commission was established under the Human Rights Act, 1981, and our statutory powers and duties are described in the Human Rights Act, 1981 and Commissions of Inquiry Act, 1935. As a non-Ministry office, we receive a budget allocation from the Legislature and are subject to the standards enshrined in the Public Treasury (Administration and Payments) Act, 1969.
This is the Annual Report for the year 1 January 2021 to 31 December 2021 which reflects the story of the work we carried out during this period for the fulfilment of our statutory mandate.