By RASHAD ROLLE
Tribune Senior Reporter
rrolle@tribunemedia.net
THE government has offered not to detain or deport any person from The Bahamas who claims to be entitled to citizenship under Article 6 of the Constitution pending the Privy Council’s ruling on the Court of Appeal’s recent citizenship decision as long as the Court of Appeal simultaneously stays the effect of its ruling.
Franklyn Williams, the deputy director of legal affairs at the Office of the Attorney General, said during a court hearing yesterday that the government would also undertake to receive and process, but not finalise, applications for people claiming to be so entitled to citizenship pending the Privy Council’s ruling rather than turn them away.
He revealed the proposed undertaking during a discussion of an affidavit filed by Wayne Munroe, QC, which says the Department of Immigration is “still deporting individuals, especially Haitian nationals inclusive of minors…” despite the citizenship ruling in question.
Nonetheless, Mr Munroe opposed the government’s offers and argued that no stay is necessary in the matter. Mr Munroe argued the government does not have to follow the Court of Appeal’s ruling and can let the status quo remain in place until the Privy Council rules on the matter.
The Court of Appeal adjourned the hearing to consider the matter.
The hearing came nearly a month after the court affirmed Supreme Court Justice Ian Winder’s landmark ruling that children born out of wedlock to Bahamian men are automatically citizens, regardless of the nationality of their mother.
Because the court’s ruling would generally be treated as binding, the Office of the Attorney General is asking the court to stay the ruling until the matter has been adjudicated at the Privy Council in London.
Mr Munroe has argued there is nothing to stay because, while the court has made a declaration about how to interpret the relevant clause in the Constitution, it did not order the government to do anything.
Mr Williams said: “The government is prepared to undertake that pending the determination of this appeal, not to deport any persons claiming under Article 6 and the declaration of the court.
“If a person presents themselves to be registered or be declared a citizen, a person whose father is Bahamian and whose mother is not and upon indicating that, they are not to be detained or deported.
“We would so advise the Director of Immigration. We undertake to do that.”
Asked how this can affect people currently detained at the Detention Centre, Mr Williams said: “Instructions would come from the Minister of Immigration, the minister responsible for that, or the Director of Immigration. We have also indicated that we would not detain any such person.
“Nobody who can show they were born in The Bahamas to a Bahamian father or mother can be detained.”
Mr Munroe described the government’s proposal as messy.
“The citizen should be the one to move the court for any remedy,” he said. “Our primary position is the government isn’t mandated to do anything because the lower court didn’t make a declaration (and) specifically refused to do so until the subsequent hearing and, in fact, if somebody presents themselves to a government agency, quite apart from the construction of Article 6 would be the issue of do I accept your proof of paternity?
“Unless and until the court gives a decision on what will be sufficient to show paternity, whether it is the form of registration as a father or birth certificate, whether it is the presumption of legitimacy… whether it is DNA evidence, whether it is an ordinary trial on the issue of paternity… until the court makes a final determination as to that question, anyone presenting themselves and saying, ‘My daddy is a Bahamian’ will have the second hurdle to jump which these respondents have to jump which is, ‘and I can prove to you that this is my father’.”
Comments
K4C 3 years, 4 months ago
In a country where men boast about fathering children out of wedlock, what a $hit show, not to mention in a country that claims to be christian.
tribanon 3 years, 4 months ago
This only serves to further evidence the increasingly powerful influence that the Haitian community in The Bahamas now exerts over the corrupt Minnis-led FNM administration, especially in an election year. It may already be too late for Bahamians to stop the taking over of our country by Haitian nationals.
DWW 3 years, 4 months ago
So you are basically saying that the courts have zero independence and have to act according to the Prime Minister's instructions? For someone who seems to know so much, you really know very little. Do you care that people smile and chuckle at your comments? Do you care that you have zero credibility or are you just another paid political hack?
tribanon 3 years, 4 months ago
You're a shining example of "stupid is as stupid does."
The Constitution of the Commonwealth of The Bahamas determines who is entitled to Bahamian citizenship, not the Courts of The Bahamas and not the Privy Council. And if the Courts of The Bahamas or the Privy Council have difficulty interpreting the Constitution or believe it should be re-interpreted or changed in some way, then this is a matter for the Bahamian people alone to decide by way of a national referendum duly held for such purpose.
observer2 3 years, 4 months ago
In the absence of a census in 2020 and a new voters register, lets make a best efforts guess of the size of citizenship problem.
Regardless if you are pro or con citizenship for every person born in the Bahamas (like most advanced nations).
Let say 10% of the population doesn't have status, ie. "illegal". So that's 40,000 persons (10% of 400,000). We understand that 9 out of 10 babies born at PMH are out of wedlock.
Independence was in 1973, so there are 3 generations of ppl born since then.
So I would calculate about 100,000 in the Bahamas don't have any status. 40,000 undocumented x 50% mothers x 2.5 children x 3 generations discounted by 50% because its a really bad estimate.
So we could have 100,000 ppl who can't buy land, can't open a bank account, can't get a job, don't have a national insurance number, can't pass on citizenship to their children with an exponential growth rate as nuclear families push to get their children to a developed country as quickly as possible.
So what do these 100,000 ppl do to live? Ahhh, now you getting to little closer to the real intergenerational issues of crime, human trafficking, exploitation, abuse etc.
A country has to be dysfunctional if 20% of its population is not assimilated for whatever reason.
What I can't get my head around is why the government thinks it can resolve this problem through deportation. If you have 10,000 children being born a year, 90% of them out of wedlock and you are deporting 1,000 ppl a year to Haiti is seems that "resistance is futile". In about 5 generations the Bahamas will destabilize as we turn into a nation of undocumented persons.
That's about another 20 years....if global warming doesn't get us first.
DWW 3 years, 4 months ago
Very good points despite wild estimations. The large number of undocumented persons who could and would be big contributors to the economy is the biggest elephant in the room. If a young man is unable to have a bank account, drivers license, etc. as a result of being born on the Bahamas to a foreign mother, that same young man has little choice but to join the gangs and enter the criminal life. And We The People Enabled It To Happen and Then Act All Surprised About it.
observer2 3 years, 4 months ago
Thanks DWW.
I agree with you.
There is a real hatred at all levels of society in the Bahamas against Haitians born in the Bahamas with one Bahamian parent.
We call ourselves a Christian Country but we only want “pure Bahamians” - those born inside of wedlock to a Bahamian citizen.
Good luck with squaring that against a realty of 90% of the babies being born in the Bahamas are illegitimate.
So we can argue in Courts with learned QCs and judges interpreting an out dated and prejudiced Constitution against women / it will not change the reality on the ground - undocumented residents breed criminals.
bogart 3 years, 4 months ago
Full transparent disclosures should be as disclosed in daily newspapers govt ads wid photo and details for public to view and comment back to the Minister any information they know an currently wrong. Public can comment on whether the claimant/child/adult, if whether the claimant was claiming the incorrect identical twin same dna as father. Fathers admitting paternity must be verified whether is true and had accepting bribe to do so.There must be a thorough fraud proof process for any lawful applied procedure. And in the process will likely exppose and document the wutless done married fathers, seems pillars of christian based society, of now lawfully exposed illegimate offspring by dere housekeepers, maids, cooks etc.Seems the temporary workers employed by da wealthy who canna employ them seems more vulnerable than others in established communities, to be in this category. There must be deserving of the public to have a transparent without fraud process.
DWW 3 years, 4 months ago
How About a Freedom Of Information Act request for disclosure on exactly how many persons have been granted citizenship over the past 20 years would be helpful to this discussion? no? oh!
tribanon 3 years, 4 months ago
The Court of Appeals ruling has obviously opened the door for Munroe to engage in much political mischief in an election year. The AG's Office must remain totally focused on getting this highly contentious citizenship matter heard by the Privy Council on an expedited basis given its significant public policy and national security implications.
The Constitution of The Bahamas stipulates who is entitled to Bahamian citizenship, not the Courts of The Bahamas and not the Privy Council. And if the Courts of The Bahamas and/or the Privy Council now have difficulty accepting a provision of the Constitution as previously interpreted based on intent, then this is a matter to be decided by way of a national referendum duly held for the purpose of amending the Constitution to clarify the intended will of the Bahamian people.
The Courts and the Privy Council may have the power to order that a national referendum be held, but they do not have the power to bypass the will of the Bahamian people and unilaterally re-interpret or otherwise change the intended meaning of the Constitution to suit their liking. The Court of Appeals by their 3-2 ruling in the instant matter have effectively punted the government's appeal, i.e. the Bahamian people's appeal, of Justice Winder's earlier decision to the Privy Council.
observer2 3 years, 4 months ago
Good points Tribanon.
We already had 2 referendums on the citizenship these same citizenship issues and attempting to give equal rights to women. One referendum under the PLP and another under the FNM.
The Bahamian ppl have soundly rejected equal rights for women and an advanced society concept of birth citizenship.
So why is everyone complaining about 100,000 undocumented ppl and the extremely high levels of crime?
We have the society we deserve.
Now if we could just lift the Emergency Laws for a couple of days with the 1990 Census and 2007 voters list.
Once the elections is held we can reimplement Emergency Laws so we can stamp out Covid through lock downs.
As Bahamians we really need to behave ourselves otherwise we will continue to get punished.
tribanon 3 years, 4 months ago
By your analysis and estimates, we may as well lower the flag of The Bahamas now and hoist the flag of Haiti in its place. That would seem to be the only 'Christian' and fair thing for us to do according to you and @DWW. Besides, there's an enormous flotilla preparing to leave the northern shores of Haiti in the coming weeks for The Bahamas.
The invasion of our country will soon be all but complete. After all, the population of Haiti exceeds 11 million people which means we Bahamians simply don't stand a chance. But that's surely great news to all of the 'Christians' in The Bahamas right now crying out for human rights to be respected even if it means the extinction of the Bahamian people and their way of life. It's only fair that The Bahamas should eventually be no better off, but rather as worse off, as Haiti. Fair is fair after all.
And by the way, let's just forget that the founding fathers of our nation actually foresaw the possibility of our small nation being invaded by foreign nationals and their offspring born in The Bahamas when they carefully crafted the citizenship provisions of our Constitution. That's certainly of no import or relevance to the survival of the Bahamian people and their way of life.
tribanon 3 years, 4 months ago
P.S.: My sarcasm is inspired by patriotism born out of great love of The Bahamas and the Bahamian people.
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