Hanson Optimistic On Advancing Human Rights

The current Government has committed to including sexual orientation in the Human Rights Act as a matter of priority and we hope this is implemented in the next few months, the new Human Rights Commission Chairperson Michael Hanson said.

“I and the other Commissioners are honoured to be appointed and we are eager to get to work. We are optimistic about Bermuda’s potential to further advance human rights,” said Mr Hanson.

“With its modern infrastructure, sophisticated social and business networks and small population, Bermuda should be at the forefront of human rights development. In reality, we fall short. This is something that we will seek to improve during our term.

“This continues to be a significant period for Bermuda as human rights and equality remain of critical importance. The legislative changes in 2012, which saw the significant changes to the structure and function of the Commission, demonstrate the development of the Human Rights Commission into a more credible human rights institution that will independently maintain its quasi-judicial authority and uphold international human rights standards,” the new Chairman said.

Mr. Hanson went on to say, “However, there is clear desire to evolve protections to meet modern times. Notably, there are several organizations and many individuals in the community dedicated to this pursuit. We intend to tap into this momentum and get Bermuda to where it should be, at the forefront of those countries with exemplary human rights practices.”

Regarding other amendments envisaged Mr. Hanson noted, “The debate on whether or not age and sexual orientation should be included as protected characteristics under the Human Rights Act 1981 [the Act] should be over. The current Government has committed to including sexual orientation as a matter of priority and we hope this is implemented in the next few months.

“We appreciate that protection from age discrimination is a more difficult topic as it has implications, in relation to employment, on issues such as mandatory retirement, health insurance and pensions, but this does not mean it should be delayed indefinitely.

“The Executive Officer, Mrs. Lisa Lister Reed, has shared her observation of the increase in complaints of age discrimination. Age discrimination is clearly an issue and it must be protected by law. Discussing the logistical and statutory difficulties in getting age incorporated into the Act is welcome, but it should not be a barrier to its implementation.”

Mr. Hanson raised another issue of concern in Bermuda, which is discrimination by association, which is where somebody discriminates against someone else based on their association with someone of a particular sex, race, age, sexual orientation, etc.

The Chairman said, “Examples of this type of conduct are employers who refuse to hire someone because they have a child with a disability, or a business refusing to enter into a contract with a white businessman on the basis that he associates with black politicians [or vice versa]. While this ‘discrimination via the back door’ is protected against under the UK’s Equality Act 2010, it is not legislated in the Human Rights Act. We will be pushing hard that discrimination by association is legislated for in the Act as a matter of urgency.”

He continued, “The first task of the new board will be to establish tribunals and hear complaints which were deemed meritorious and require adjudication. The quasi-judicial authority will see the establishment of tribunals to provide fair, robust and efficient processes, not only to ensure the rules of natural justice but to ultimately give confidence to all that any complaint will be dealt with professionally and expediently, with the ultimate goal of clear precedence.”

Mr. Hanson, is an Associate and member of the Employment and Immigration team within the Litigation & Insolvency Group at Appleby [Bermuda] Limited. Having practiced as a solicitor in England, he returned home to Bermuda and was called to the Bermuda Bar in 2012.

Other members of the board include Deputy Chair, Ms. Kim Simmons, Mrs. Donna Daniels, Ms. Pamela Fowkes, Mrs. Darcy Gimas, Mr. Richard Horseman, Mr. Jens Juul, Mr. Kai Musson, Mrs. Naomi Schroter, Mr. Louis Somner, Ms. Tawana Tannock, and Mr. Millard Thompson.

Mrs. Reed, welcomed news of the appointment of the new Human Rights Commissioners and has already begun working with Chairperson, Mr. Michael Hanson and Deputy Chair, Ms. Kim Simmons.

Mrs. Reed explained, “The Human Rights Commission has gone through a significant period of organizational change and has successfully adjusted procedurally to meet the new legislative mandate.”

“The appointment of the new board marks the next important step for the Commission to transition to a more effective and efficient body. As a result of the modernization of the structure, function and processes, so too evolves the complementary roles between the office and the board in constructive partnership to serve the public interest.

“These approaches have been based on extensive jurisdictional reviews of other governance structures and human rights institutions and aim to make full use of the contributions of both board and staff, while recognizing the distinction. The Commissioners will serve on Human Rights Tribunals to adjudicate complaints which have been deemed meritorious in addition to working with the Officers to promote awareness in support of the Commission’s strategy.”

Mrs. Reed added that the mission of the Human Rights Commission is to eliminate discrimination through advocacy, education and enforcement.

She concluded, “Although enforcement is a critical function, we work to help organizations translate human rights principles into everyday practice in order to build a society, economy and country that enables each of us to thrive. Further, we work to educate all, and share with youth especially, the message of compassion, respect and equality. Together with the staff, the Commissioners’ new role, which allows for greater participation in public outreach, will ultimately result in a society that values and protects human rights for all.”

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