Attorney Fred Smith.
By MORGAN ADDERLEY
Tribune Staff Reporter
madderley@tribunemedia.net
HUMAN rights group Rights Bahamas is planning to take its shanty town case to the International community, attorney Fred Smith, QC, told the Tribune on Friday.
Speaking outside the swearing-in ceremony of Chief Justice Stephen Isaacs, Mr Smith described the government’s actions against the shanty towns as an attempt to “ethnically cleanse” the country of these villages.
On August 5, the Supreme Court ordered the government and utility providers to halt any planned service disconnections or evictions in shanty towns pending a judicial review of the Minnis administration’s policy to eradicate those communities.
Supreme Court Justice Cheryl Grant-Thompson granted the interlocutory injunction blocking evictions and service disconnections just days ahead of the government's August 10 deadline during a telephone conference with human rights attorney Fred Smith, QC, and Attorney General Carl Bethel on Saturday.
On Wednesday, Mr Bethel told the Senate the government has hired a team of high-powered lawyers headed by Harvey Tynes, QC, to take on Mr Smith and his team in the matter.
The next day, Rights Bahamas, of which Mr Smith is the former president, released a statement criticizing the government’s intention to pay lawyers outside the Office of the Attorney General, calling it a “waste” of money.
When asked what the next steps are regarding this legal action, Mr Smith said: “Rights Bahamas is going to the United Nations Human Rights Council and also to the Inter-American Commission on Human Rights to also present to the international world this terrible attempt to ethnically cleanse the Bahamas of villages composed mainly of people whose heritage is Haitian.”
“It is astounding that in the 21st century, the government of the Bahamas actually thinks that they have the right to destroy the homes of over 7,000 people throughout the Bahamas.”
“This is a matter (that) is going to be of international human rights concern. Because the government is targeting an ethnic community and it…is an international crime to do this.”
Mr Smith said petitions to both the UNCHR and IACHR, in New York and Washington, are already being prepared.
“And in respect to the case here, we are going to move this to trial as soon as possible,” Mr Smith added.
He confirmed that no date has been set as yet, saying the government has eight weeks within which to file affidavit evidence in response.
“We have hundreds of applicants and many affidavits to file,” Mr Smith continued. “And there are many other people who wish to join the action, who are affected by this, and other attorneys who will be joining us as well.”
Mr Bethel declined to speak on the case itself, but responded to the Rights Bahamas statement that blasted the government for wasting money.
“There’s an old saying: ‘When you throw a stone, the one who gets hit makes all the noise’,” Mr Bethel said. “I don’t know why they would broadcast their terror at the thought of us having hired esteemed, experienced private sector council.”
“That’s our right. And we’ve chosen to put the best foot forward that we could find and they all around the place issuing press releases, crying about it. Well, I wish them well.”
When asked for an estimate on how much this will cost the government, Mr Bethel said: “The cost of doing nothing is far greater than the cost of this.”
Mr Bethel said he announced the names of two attorneys for this endeavour. “They will set their team up. I am not aware of the details of their team. I have announced their names. They will set their teams,” he said.
The Attorney General also declined to speculate on how long the court process will take, saying that is for the attorneys to determine.
Comments
SP 6 years, 2 months ago
Bahamians have been desperately petitioning successive governments to “ethnically cleanse” the country of these parasites and illegal villages for decades!
Let's get it done now and move on with developing our country for future generations of B-A-H-A-M-I-A-N-S!
Voltaire 6 years, 2 months ago
The government's own study said 95% of the people in shanty towns are either Bahamian citizens or have a legal right to be here. You might want to temper your mouth-drooling, knuckle-dragging ethnic hatred with some actual facts.
Porcupine 6 years, 2 months ago
The saddest part of this whole affair is that the majority of Bahamians have turned a blind eye to the massive and continuing theft of our nation by our own politicians and people while scapegoating a handful of people who are no different from ourselves. We truly are an uneducated and ignorant nation, and seem proud of this fact. Are the economic and social facts not evidence enough of our collective failure? No, no, no, it is the Haitians doing all the harm. I think The Bahamas was lost some time ago. We just are having a hard time facing the facts.
Well_mudda_take_sic 6 years, 2 months ago
I would not describe upwards of 70,000 plus illegal Haitian immigrants spread throughout the Bahamas as being a mere "handful of people no different than ourselves." They are a very large and unsupportable invasive force, and they certainly are different from ourselves in that they are not Bahamian and ergo are not entitled to the rights of Bahamians. Moreover, we Bahamians are the victims here contrary to what QC Smith and his international 'humanitarian' organizations would have all others believe.
OldFort2012 6 years, 2 months ago
Anyone entering this country LEGALLY is entitled to the same protection & rights under the LAW as Bahamians. If they entered the country illegally, they are entitled to deportation.
The only remaining question is when does the non-action of a Government (the failure to deport) actually become a de facto granting of those rights. This question should be answered by the Courts. Why not? There is an argument to be made. Not saying I agree with it, bit there is an argument.
Well_mudda_take_sic 6 years, 2 months ago
Just like there is no statue of limitations that applies to one who commits certain crimes (e.g. fraud, murder, etc.), there should never be one that applies to the required deportation of illegal immigrants and their illegal immigrant offspring no matter how long they may have been in the Bahamas as a result of the failure by successive governments to enforce our country's immigration laws. And illegal immigrants should never be allowed to acquire the right to own/reside on Crown or private land that they have squatted on, even if for decades, because of the very essence of their illegal immigrant status that has only one remedy at law - deportation. Moreover, illegal immigrants and the offspring born to a mother and father who are both illegal immigrants should, by the very essence of their illegal immigrant status, never be eligible for Bahamian citizenship. And if the government of Haiti continues in its refusal to recognize these people as their own people, i.e. as Haitians, than the Government of the Bahamas should cease all diplomatic relations with Haiti by shutting down our embassy/consular facilities on the ground in Haiti and forcing Haiti's ambassador to the Bahamas and his Haitian diplomatic entourage to leave our country. Where necessary, the laws of our country should be immediately clarified, with full retractive effect to July 10, 1973, to achieve at least these basic protections for the sovereign rights of Bahamians as the only true citizens of their Bahamaland.
Voltaire 6 years, 2 months ago
The rights enshrined in the the constitution apply to every human that finds him or herself in this jurisdiction automatically and immediately. Among those rights is the right to be treated as innocent until proven guilty. So no one can be deported until they have been proven before the courts to have violated the Immigration Act. The government does not get to grant those rights, that's not how it works. And deportation without a court order is illegal
licks2 6 years, 2 months ago
ONE THING YOU FAIL TO DO. . .READ AND PAY ATTENTION TO WHAT THE LAW SAYS. . .WHICH ARE GIVEN POWER BY THAT SAME CONSTITUTION. . .THE MINISTER CAN NOW MAKE THAT DETERMINATION. . .BY LAST CHANGE OF LAW!!
IT EEN THAT HARD TO PROVE THAT A PERSON EEN GAT NO RIGHTS TO BE HERE. . .SIMPLE. . .JUST SHOW YA PERMISSION SLIP. . .EVERYBODY WHO ARE HERE SO IS GIVEN ONE!!
Well_mudda_take_sic 6 years, 2 months ago
So you're a great French (perhaps Creole?) philosopher who believes the Constitution of The Bahamas does not afford Bahamians the right to protect their most basic constitutional rights from a massive invasive force of illegal immigrants. We have been at war for decades now but are only just beginning to realize that we should have long ago officially declared a state of war.
Voltaire 6 years, 2 months ago
70,000? Really? Where you get your numbers from?
Sickened 6 years, 2 months ago
Correct! That number is way too low. Show us your support Mudda!
Well_mudda_take_sic 6 years, 2 months ago
Oops! I stand corrected. I neglected to include the estimated 12,000 in Abaco per Bahamas Dept. of Statistics Census Estimates. Total exceeds 80,000.
joeblow 6 years, 2 months ago
Isn't it possible for both things to be true at the same time that we have lazy thieving politicians AND a large parasitic group of non Bahamian immigrants? No one is blaming all the country's problems on the immigrants, but they do contribute significantly in many ways to many problems!
mandela 6 years, 2 months ago
If the government should lose and these 177 or so squatters were allowed to remain on crown land, then the gates would be wide open for the thousands of us who need land also, and we the masses don't need to wait for the government to try and sell us crown land for $ 30,000.00, and if this joker Fred Smith wants to go international who cares he can go to Timbuktu, this is Bahamian country. Whatever it takes and no matter how long it takes our Government who is employed by the masses REAL BAHAMIANS, not PAPER BAHAMIANS had better not come back with no sad stories or news because their asses will be gone FIRED, they started in the right direction and they had better continue on course, they better stay straight and fly right
hrysippus 6 years, 2 months ago
So much anger. I wonder if you have ever read the Autobiography Long Road to Freedom? I ask because of the handle that you have chosen does not suit your comments. Perhaps you do not read much, they say the best way to keep a secret in this country is to write it down. lol.
Voltaire 6 years, 2 months ago
Our lifeblood is tourism. And the international community's opinion of us affects tourism. "Who cares?"... idiot.
DDK 6 years, 2 months ago
This Smith man is very dangerous. Was he not invited to leave Haiti? Government agencies should do what they should have done in the first place when this problem could have been nipped in the bud. Buildings that need to be condemned should be condemned. If Government needs to run roads through Crown Land, the roads should be run. If fire hazards exist, they should be cleared. If electrical dangers exits, they should be removed. If unsanitary conditions exist, they should be removed. If people are breaking the law they should be arrested.
screwedbahamian 6 years, 2 months ago
Is The Government of Haiti underwriting the cost of all these legal expenses to disrupt the Government of the Bahamas. Questions for the International Community. Surely the disrespect for the Bahamians and the Bahamas laws is very evident. Mr. Ernest Callender was a true Bahamian.
Well_mudda_take_sic 6 years, 2 months ago
We Bahamians must protect our Bahamaland and recognize that the Government of Haiti is at odds with us doing so. Their interests are diametrically opposed to ours.
Voltaire 6 years, 2 months ago
The government says that a great deal of over the hill has been built illegally, just like the shanty towns, should Bain and Grants Town also be demolished? Or is that only reserved for the ethnically inferior among us?
hrysippus 6 years, 2 months ago
nice. fair comment.
screwedbahamian 6 years, 2 months ago
These vexing Bahamian events of Immigration, Citizenship, and Shantytowns are Nationhood events that should have NO GREY AREAS IN OUR BAHAMALAND, PERIOD.. If one does not enter the Bahamas legally and is registered lawfully to be here temporarily and abiding by ALL the laws of the Bahamas, then they should be deported immediately and black listed to never enter our country again. As should any nation of the world, we have the right to say who and when we want any foreigner (s) in our homeland, PERIOD. This Government need to recognized that ASAP and enact laws NOW retroactively to JULU 10, 1973 ( PAPA DOC " oh sorry" PAPA INGRAHAM DID IN IN 2011 WITH THE NIB RETIREMENT PENSION) and expel and deport any person (s) HERE ILLEGALLY or descendants of any person or persons who are here or were here illegally. Any buildings constructed illegally on land that in not owned MUST be demolished and destroyed immediately and consequences for braking the law implemented. People we are a very small nation, lets get it RIGHT NOW for THE TRUE BAHAMIAN PEOPLE !!!
Voltaire 6 years, 2 months ago
The government's own study said 95% of the people in shanty towns are either Bahamian citizens or have a legal right to be here. You might want to temper your mouth-drooling, knuckle-dragging ethnic hatred with some actual facts.
screwedbahamian 6 years, 2 months ago
The FACTS ARE constructing an Illegal structure on land that one does not have ownership document for is breaking the law in the Bahamas. Shanty towns are an imported culture to the Bahamas from Haiti. Real Bahamians are to law abiding to create and live in illegal Shanty towns. Any and all illegal structures constructed on land that is not owned must be demolished and destroyed and the (Bahamian citizens??? ) charge with breaking the law and those who have legal rights to be here DEPORTED IMMEDIATELY.
Future 6 years, 2 months ago
WE NEED PRESIDENT DONALD TRUMP IN THE BAHAMAS
CaptainCoon 6 years, 2 months ago
we need him badly.
DDK 6 years, 2 months ago
We need Smith and his Rights Haiti to lead a flotilla of Haitian sloops, laden down with his people and their rights, south to the western part of the island of Hispanola.
CaptainCoon 6 years, 2 months ago
This is why America left that human rights foolishness. fred Smith is a foreign agent sent here to disrupt our country. PEople like him are precisely why great men like Trump exist. I think the PM should ask the Trump administration for help.
Well_mudda_take_sic 6 years, 2 months ago
Just like there is no statue of limitations that applies to one who commits certain crimes (e.g. fraud, murder, etc.), there should never be one that applies to the required deportation of illegal immigrants and their illegal immigrant offspring no matter how long they may have been in the Bahamas as a result of the failure by successive governments to enforce our country's immigration laws. And illegal immigrants should never be allowed to acquire the right to own/reside on Crown or private land that they have squatted on, even if for decades, because of the very essence of their illegal immigrant status that has only one remedy at law - deportation. Moreover, illegal immigrants and the offspring born to a mother and father who are both illegal immigrants should, by the very essence of their illegal immigrant status, never be eligible for Bahamian citizenship. And if the government of Haiti continues in its refusal to recognize these people as their own people, i.e. as Haitians, than the Government of the Bahamas should cease all diplomatic relations with Haiti by shutting down our embassy/consular facilities on the ground in Haiti and forcing Haiti's ambassador to the Bahamas and his Haitian diplomatic entourage to leave our country. Where necessary, the laws of our country should be immediately clarified, with full retractive effect to July 10, 1973, to achieve at least these basic protections for the sovereign rights of Bahamians as the only true citizens of their Bahamaland.
DDK 6 years, 2 months ago
Right you are, Mudda. Government finally took a stand. They just have to develop the whatsits to follow through and stop allowing this Haitian advocate to yank their respective chains.
Future 6 years, 2 months ago
BALLS. The word you are looking for is BALLS
Sickened 6 years, 2 months ago
Demolish that illegal structures and then have the complainers argue their points in a court of law. I bet no-one would come forward because none of them own the land or can show Town Planning approval. If they don't demolish the buildings and it goes to court then we are screwed because no court will ever approve the immediate demolition of people's home. They will want the government to give them even more time and help relocate and so on and so on. Fred knows this but our stupid AG's office doesn't?
licks2 6 years, 2 months ago
The best place for him to take this case is INTERNATIONAL. . .WHY YALL THINK HE DID NOT DO SO EARLIER. . .WHO HE WILL TAKE IT TO?
HIS CASE IS DEAD IN THE COURT. . .RELAX PEOPLE. . .SMITH HAS TO FIGHT THE LAW. . .NOT US!! BUT ETHNIC CLEANSING!!
THE ONLY PLACE HE CAN TAKE THIS CASE IS TO THE PRIVACY COUNSEL. . .AND HE ALREADY KNOWS WHAT THEY WILL TELL HIM!!
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