We boast
of being a Christian nation (The Bahamas), but are we really?
According to the latest national statistics, we are a nation
where most of the population claims to be Christian or
attends a Christian church at least once a month. Does
church attendance make The Bahamas a Christian nation?
I am happy to
live in a nation where most of the
population claims to be Christian.
However, I am even happier that the
constitution of The Bahamas does not require its residents to be
Christians. On the other hand, the Constitution guarantees
the right and freedom of each individual residing in The
Bahamas to live according to his or her conscience. In
other words, The Bahamas is a secular state and not a
Christian one. One can be a Christian, agnostic,
atheist, deist, Buddhist, Muslim, etc.
According to
the International Religious Freedom Report 2010, “More than 90
percent of the population professes a religion, and anecdotal
evidence suggests most attend services regularly. The country's
religious profile reflects its diversity. Protestant Christian
denominations including Baptists (35 percent), Anglicans (15
percent), Pentecostals (8 percent), Church of God (5 percent),
Seventh-day Adventists (5 percent), and Methodists (4 percent)
are in the majority, but there are also significant Roman
Catholic (14 percent) and Greek Orthodox populations. Smaller
Jewish, Baha'i, Jehovah's Witnesses, Rastafarian, and Muslim
communities also are active. A small number of Bahamians and
Haitians, particularly those living in the Family Islands,
practice Obeah, a version of voodoo. Some members of the small
resident Guyanese and Indian populations practice Hinduism and
other South Asian religions. Although many unaffiliated
Protestant congregations are almost exclusively black, most
mainstream churches are integrated racially.”
WHY A SECULAR STATE?
According to the dictionary, “A
secular state is a concept of secularism, whereby a state or
country purports to be officially neutral in matters of
religion, supporting neither religion nor irreligion. A secular
state also claims to treat all its citizens equally regardless
of religion, and claims to avoid preferential treatment for a
citizen from a particular religion/non-religion over other
religions/non-religion. Secular states do not have a state
religion or equivalent, although the absence of a state religion
does not guarantee that a state is secular.”
If the
constitution actually indicated that The Bahamas is
to be a Christian
nation, then there would be
policies and laws in place dictating the way each citizen should
live, thus restricting freedom of religion and speech. This is
the case in the Islamic states today where each citizen is
required to abide by Islamic beliefs or face a penalty.
Disappointment
With that in
mind, I am somewhat disappointed, even as a
practicing Christian, that the word "Christian"
is in the preamble of the
Constitution of The Bahamas.
Note that many constitutions around with
world have the word "God" but not
"Christian". There are many
religions outside of Christianity.
Hence, "God" can be considered neutral
and not mean to be a specific faith.
Actually,
only two countries in the world have
the
word "Christian" some place in their
constitutions---The Bahamas and
the other is in the East Indies. Why am I
disappointed? Because, as stated earlier, the
government should be secular or neutral, and so
should be the constitution of that country. In
addition, many Bahamian religious enthusiasts
are using the preamble of the constitution to
indicate that the country is to be Christian.
Most constitutions have the word "God" in them.
God can be considered more generic or neutral.
In the United States of American some
radical religious people are pushing for
Christian Nationalism.
They are wanting the USA to become a
theocracy. If that truly can
happen it will be dangerous for
everyone.
My research led me to understand that the
founding writers of the Constitution for the
Commonwealth of The Bahamas advised the
religious leaders of the day, who were
pressuring them to put the word "Christian" in
the constitution, that the constitution is to be
a neutral document. But the religious leaders,
not understanding the role of the constitution
in a democratic society, pressured the writers.
Regrettably, the writers compromised and placed
it in the preamble.
Here are the lines from the Preamble of
Constitution of The Commonwealth of The Bahamas:
"AND WHEREAS the People of this Family of
Islands recognizing that the preservation of
their Freedom will be guaranteed by a
national commitment to Self-discipline,
Industry, Loyalty, Unity and an abiding
respect for Christian values and the Rule of
Law
NOW KNOW YE THEREFORE: We the Inheritors of
and Successors to this Family of Islands,
recognizing the Supremacy of God and
believing in the Fundamental Rights and
Freedoms of the Individual, DO HEREBY
PROCLAIM IN SOLEMN PRAISE the Establishment
of a
Free and Democratic Sovereign Nation founded
on Spiritual Values and in which no
Man, Woman or Child shall ever be Slave or
Bondsman to anyone or their Labour
exploited or their Lives frustrated by
deprivation, AND DO HEREBY PROVIDE by
these Articles for the indivisible Unity and
Creation under God of the Commonwealth
of The Bahamas."
It
is my view that these sentences can work
against true democracy of our country.
Especially when misapplied by religious
enthusiasts who have a misunderstanding of
scripture and Biblical prophecy. The
stronger the cry to become "Christian,"
because the constitution says so, the
greater will be the restrictions for people
to believe and practice what they wish.
Many mistakenly think that The Constitution
of The Bahamas is to provide "spiritual
guidance" for the residents. Regrettably,
the words "Spiritual Values" are in the
Constitution. Note carefully, I am writing
this as a deeply religious and spiritual
person. I also know that religious liberty
can easily be threatened by these
enthusiasts. "Freedom of religion or
religious liberty is a principle that
supports the freedom of an individual or
community, in public or private, to manifest
religion or belief in teaching, practice,
worship, and observance." The Constitution
also guarantees one's right to not believe
in a faith--freedom from religion."
Many of the religious zealots are not
aware that the Constitution of The Bahamas,
clearly defends the right of people to be
Christian or atheist and practice their
beliefs or non-beliefs, as long as the
rights of others are not violated or lives
injured. "The constitution provides
for freedom of conscience, thought, and
religion, including the right to worship and
to practice one’s religion. It forbids
infringement on an individual’s freedom to
choose or change one’s religion and
prohibits discrimination based on belief."
(The Bahamas 2018 International Religious
Freedom Report )
Here are the first sentences in Chapter
Three of Constitution of the Commonwealth of
The Bahamas: "Protection Of Fundamental
Rights And Freedoms Of The Individual"
I want the proponents for a religious
Bahamas to remember this part of the
Constitution.
"Whereas every person in The Bahamas is
entitled to the fundamental rights and
freedoms of the individual, that is to say,
has the right, whatever his race, place of
origin, political opinions, color, creed or
sex, but subject to respect for the rights
and freedoms of others and for the public
interest, to each and all of the following,
namely-
(a) life, liberty, security of the person
and the protection of the law;
(b) freedom of conscience, of expression and
of assembly and association; and
(c) protection for the privacy of his home
and other property and from deprivation of
property without compensation, the
subsequent provisions of this Chapter shall
have effect for the purpose of affording
protection to the aforesaid rights and
freedoms subject to such limitations of that
protection as are contained in those provisions, being
limitations designed to ensure that the
enjoyment of the said rights and freedoms by
any individual does not prejudice the rights
and freedoms of others or the public
interest. . ."
In 1620 one
hundred Puritans boarded the ‘Mayflower’ bound for the New
World. The Pilgrim Fathers, as they are called today left
England because they did not have religious freedom. They
wanted a place where the state would not interfere with their
freedom to believe and practice their faith. They wanted a
secular country by constitution where the people could live
their conscience under God. They wanted to be loyal citizens
yet not controlled by the state in their religious beliefs and
practices. This freedom included the right to meet for
instruction and worship, to worship on any day of the week they
chose and to worship their God the way they wanted to. It also
included the freedom to change one’s religion as well as to
invite others to do so. The truth is Christians can thrive
better in a secular state because God does not force anyone to
worship Him.
A challenge
we are facing in The Bahamas is that many are preaching the
gospel, but few are living it. We have countless Christian
churches but not enough Christian people. Thus we have too many
hypocrites who want to obliterate certain social ills, but their
own lives condemn them.
Note
carefully this point. The majority of the people in the
country might be Christian, thus some might call it a Christian
nation. However, the government and the constitution are
to be secular (neutral).
PERSONAL CENSUS
Today, many Christians who are
fed up with the social ills in society are being misled to think
that the government must provide some spiritual guidance for the
people. They are also saying that since we profess to be a
‘Christian nation,’ we should have no alcohol saloons, illegal
drugs, strip joints, pornography channels, dance halls, etc.
While I do wish these were not in our country, the real problem
is not the presence of these things but the inability for
Christian leaders to promote godly Christian living, and to
teach personal censorship instead of national censorship. Too
many preachers are themselves engaged in shady lifestyles,
social impropriety, and religious and political
gerrymandering. Too many community leaders who claim to be
Christian are accomplices in crime and shady business.
|
"The
true Christian will teach religious tolerance and
the acceptance that we are a pluralistic society.
That means every one respects every one of all
Christian faiths and other faiths and those who do
not believe in God . . ." |
We are too
pre-occupied with the discussion of whether or not we are or
should be a Christian nation. That is not my concern. I am
more concerned that the people live Godly lives and that true
Christians accept that all have a right to chose how they will
live, what they will watch on TV, the music they will listen to
and places they will go. That is the freedom we are guaranteed
by our constitution. What Christians must do then is to stop
condemning and start modeling godly living. The true Christian
will teach religious tolerance and the acceptance that we are a
pluralistic society. That means every one respects every one of
all Christian faiths and other faiths such as Islam, Baha’i,
Christian Science, Rastafarianism, atheism, agnosticism, etc.
Sometimes
politicians and religious leaders argue about whether or not
shops should be open on Sundays. Religious leaders say the
Sunday is a holy day of worship. Politicians say it is a good
day for business. The truth is, in a secular society, every day
should be a shopping day. The people are the ones to decide
whether or not they will shop or not on a certain day. Having
stores closed on Sunday is no proof that we are a Christian
nation. It is the way we live that determines how powerful and
effective Christianity is in influencing the society.
Christians, while we might preach against gambling or strip
joints, perhaps we need to preach more to the people who are
doing these things. Our primary emphasis then will not be to
close down the gambling hall and nude saloons, but to teach
those who seek to go there how to live godly lives. They have
the freedom to choose how to live and Christians have the
freedom to preach and live the gospel. Note that our first duty
is to live the gospel, not preach it. One writer puts it this
way “Preach the
gospel at all times. When necessary, use words.”
Application
It is my view
that since The Bahamas, by constitution is a
secular nation, the following freedoms and
laws are on can be in place.
A resident
(Bahamian and non Bahamian) can be a
Christian, non-Christian, agnostic, Muslim,
atheist, Satanist, etc.
Both male and
female have equal rights under the law
regarding citizenship. However, only
single and married males, and single
females, can pass on Bahamian citizenship.
Married Bahamians females who married a
non-Bahamian cannot pass on her Bahamian
citizenship.
Religious
freedom is all about being able to decide how you want to live
and not having the state dictate to you. I am truly happy The
Bahamas is not a Christian nation. Let’s keep it that way.
Send your
questions for comments to
question@soencouragement.org
These recommendations
are by a trained professional
who studies The Bahamas Constitution
Article 8 of the Constitution presently
provides for the transmission of Bahamian
citizenship to a person born outside The
Bahamas through his or her Bahamian father.
If Article 8 were amended to refer instead
to a Bahamian “parent”, the distinction
presently drawn between Bahamian mothers and
fathers would be removed, and the continued
need for Article 9 would arguably become
obsolete.
Similarly, Article 10 gives a foreign woman
who is married to a Bahamian man a
constitutional right to apply for
registration as a Bahamian citizen. This
provision should also be amended in
gender-neutral terms so that a foreign man
married to a Bahamian woman is afforded the
same right.
The adoption of gender-neutral citizenship
provisions would also require consequential
amendments beyond the Constitution. In
particular, the Bahamas Nationality Act,
1973 contains provisions governing the
acquisition of citizenship by children
adopted by Bahamian citizens. These
provisions should be reviewed to ensure that
a Bahamian woman who is married to a foreign
man and who jointly adopts a child is
equally capable of conferring Bahamian
citizenship upon that child.
Gender neutrality should therefore operate
consistently throughout the citizenship
framework rather than being confined to
individual constitutional provisions.
Beyond gender neutrality, the citizenship
provisions of the Constitution also place
considerable importance on the marital
status of a child’s parents at the time of
the child’s birth.
Where a child is born outside of wedlock and
outside The Bahamas, the Constitution treats
the mother as the relevant parent for the
purpose of determining the child’s
citizenship. Consequently, where the child’s
mother is not a Bahamian citizen but the
child’s father is, the child is not
automatically entitled to Bahamian
citizenship through the father.
The continued constitutional significance
attached to “legitimacy” is another
important and thought-provoking area for
reform. Consideration should be given to
whether a child’s entitlement to citizenship
should depend upon the marital status of his
or her parents, particularly where the
child’s relationship to the Bahamian parent
can otherwise be legally established.
It should also be recognized that the
adoption of gender-neutral citizenship
provisions would not necessarily require
Bahamian citizenship to be transmitted
indefinitely through successive generations
born abroad.
The Constitution, particularly through
Articles 8 and 3(2), already contains
safeguards that restrict the transmission of
citizenship through successive generations
born outside The Bahamas.
Nevertheless, consideration may be given to
whether these restrictions should also be
amended to permit citizenship to be
transmitted to successive generations born
abroad where a substantial connection to The
Bahamas can be established. Such a
connection might include residence in The
Bahamas, the residence of the Bahamian
parent in The Bahamas for a prescribed
period, or another demonstrable and
continuing connection to the country.
Provision might also be made for exceptional
circumstances, particularly where the
refusal or inability to transmit citizenship
would result in a person being rendered
stateless.
Any proposed amendment would therefore need
to strike an appropriate balance between
maintaining a genuine connection to The
Bahamas and avoiding outcomes that are
unduly restrictive or discriminatory.
Consideration should also be given to how
any amendments to the citizenship provisions
would operate in practice, particularly
whether they would apply retrospectively.
If the amendments were to operate only
prospectively, persons who were previously
excluded from citizenship because their
Bahamian parent was a woman, because their
Bahamian father was not married to their
mother, or because of another discriminatory
distinction within the existing provisions
would remain without a remedy.
A transitional process could therefore be
established to permit persons affected by
the former provisions to apply for
registration as Bahamian citizens. This
would allow the Government to address the
continuing effects of past constitutional
discrimination while maintaining an
appropriate administrative process for
verifying each applicant’s entitlement.
Article 26 of the Constitution prohibits
discrimination on the grounds of race, place
of origin, political opinions, color and
creed. It does not, however, expressly
prohibit discrimination on the basis of sex.
Article 26 should therefore be amended to
include sex as a prohibited ground of
discrimination. Such an amendment would most
favorably coincide with the amendment of the
discriminatory citizenship provisions of the
Constitution and would ensure that the
broader constitutional principle of equality
is reflected consistently throughout the
Constitution.
Consideration should also be given to
expanding Article 26 so that it expressly
recognizes different forms of
discrimination. In particular, the provision
should recognize both direct and indirect
discrimination.
Direct discrimination occurs where a person
is treated less favorably expressly because
of a protected characteristic. Indirect
discrimination may arise where an apparently
neutral law, policy or requirement places
persons belonging to a protected group at a
particular disadvantage without sufficient
or objective justification.
Express recognition of both forms of
discrimination would provide a more
comprehensive constitutional protection than
a provision concerned only with laws that
are discriminatory on their face.
More generally, consideration should be
given to the adoption of modern
constitutional provisions relating to the
rights and protections afforded to
individuals in The Bahamas.
As it relates to children in particular,
worthwhile considerations include the
express recognition of:
·
the right of every child to have his or
her birth registered;
·
the right of every child to a name;
·
the right of every child to acquire a
nationality;
·
the right of every child to protection
from statelessness; and
·
the right of every child not to be
discriminated against because of the
conduct, status, nationality or marital
relationship of his or her parents.
The inclusion of these protections would
reinforce the principle that a child’s legal
identity, nationality and constitutional
rights should not be prejudiced by
circumstances over which the child has no
control. It would also modernize the
Constitution so that it more clearly
reflects contemporary principles of
equality, dignity and the protection of
children.
