Attorney General Carl Bethel. (File photo)
By RASHAD ROLLE
Tribune Senior Reporter
rrolle@tribunemedia.net
THE Office of the Attorney General will appeal a groundbreaking Supreme Court ruling that children born in the country out of wedlock to Bahamian men and foreign women are citizens at birth and do not have to wait until 18 to apply for citizenship.
Attorney General Carl Bethel told The Tribune yesterday: “The ruling is very interesting. It will be appealed in the public interest.”
News of Justice Ian Winder’s ruling reverberated across the country yesterday. Michael Thompson, 34, said he can finally get a Bahamian passport for his eight-year-old child to visit his mother abroad if the ruling stands. And his mother––who said she is currently in the process of adopting her own grandchildren to pass her citizenship on to them––instantly broke down in tears discussing what this means to her.
A final judgement in the case that prompted Justice Winder’s ruling, however, has not yet been made––the trial has been adjourned until July for a hearing on whether the father of the applicants in the case are indeed Bahamian men. The applicants are represented by Wayne Munroe, QC.
Progressive Liberal Party leader Philip “Brave” Davis said he is persuaded by Justice Winder’s position.
“It’s a very sound and erudite decision and reasoning,” he said yesterday. “He departed from (former Chief Justice Sir Burton Hall) and I thought he gave some cogent reasons as to why he went the way he did.
“There’s some suspicion that it could have some deleterious effect on the country but I think not. As he indicated in his ruling, the question of whether a person has fathered a child is now easily verifiable through the technological advancements that mankind has made. You don’t have to rely on just the word of one or the other. You can establish it. If there are concerns that this could be abused, then domestic legislation could solve whatever mischief could arise.
“My recollection is when we were dealing with the referendum, it was supposed to cause laws to be passed to ensure there is some degree of certainty in proof of paternity. There are paternity tests, for example, and we can legislate that requirement as part of proving that you are the father once you’re not married. In place of swearing an affidavit to say you’re the father, something else could be put there.”
The question of whether Bahamian fathers of children born out of wedlock to non-Bahamian mothers could automatically pass citizenship on to their children was one of several raised in the constitutional referendum in 2016, but was rejected by Bahamians.
For his part, Mr Thompson said two of his children are born to different Haitian women. Somehow his first son was given a Bahamian passport, he said, but when it was time to renew the document he was denied.
“When he went to the officials, they said whoever the mother is, the police looking for her,” said his mother, who declined to give her full name.
“My son is a Bahamian, I’m a Bahamian, my mother’s mother was a Bahamian. Just why? Yesterday’s ruling really brought a lot. I was already in the process of adopting them, paperwork and everything are in the lawyers hand just so they would be able to have a fair shake like anyone else in this country born here to a Bahamian father. I was so emotional when I heard the news. When I heard it on the news I was like oh my god,” she said.
Justice Winder’s ruling focuses on whether a reference to “father” in Article 14 (1) of the Constitution is applicable when interpreting Article 6 of the document.
Mr Munroe brought the action, seeking a declaration that the true construction of Article 6 is that any person born to either Bahamian parent after July 9, 1973 is a citizen at birth, that his clients “are born to a Bahamian father and entitled to citizenship pursuant to Article 6 of the Constitution” and that “the wording of Article 14 does not affect the rights given under Article 6 in that Article 14 only applies where the word ‘father’ is mentioned in the relevant chapter and does not affect the wording of either parent as set out in Article 6.”
Government lawyers argued that “the clear interpretation of Article 14(1) of the Constitution is that it applies to any provision which is capable of including the father,” Justice Winder noted. They relied on a ruling by former Chief Justice Sir Burton Hall in a case that was previously brought by Mr Munroe over a decade ago.
Justice Winder, ultimately, has departed from the former Chief Justice’s ruling. In essence, he argues that if drafters of the Constitution wanted Article 14 (1) to apply to Article 6, they would have referred more precisely to “father or mother” in Article 6, not “parents.”
Comments
The_Oracle 4 years, 7 months ago
It is very telling, in any society, how the old and young are treated, the way they treat themselves. This is also a prime example. To deny your own people their inherited identity. It is the height of human debasement. And the thing that gets me is that none of them have an ounce of shame for their consistent behavior of denial, all the way back to Loftus Roker. All the way back to the way "Belongers" were treated. It permeates society in all regards, and particularly the civil service in their denial of this permit/application/permission/document. Even in the Covid Resolutions and Orders. All about what you cannot do.
bcitizen 4 years, 7 months ago
I agree. It is shameful if a person through DNA can prove Bahamian parenthood that they should be denied their rights to this country.
tetelestai 4 years, 7 months ago
Let us not only blame the government. Our own people, during a referendum,denied ourselves that which you are wailing on the government about. So we deserve every bit the scorn as the politicians. Idiot Bahamians denying themselves citizenship by voting no on the referendum.
immigrant 4 years, 7 months ago
That’s good news for anyone affected. This joke of an AG hasn’t won a court case yet, and I doubt he’ll start now.
sucteeth 4 years, 7 months ago
The AG is a disgrace to the Bahamas.. Needs to open up his eyes and grant those citizens what they deserve. Country is broke and the educated talent has been fleeing the Bahamas for years now. Wake up you fool.
truetruebahamian 4 years, 7 months ago
What about citizenship for progeny of Bahamian women in similar situation with foreign fathers
jackbnimble 4 years, 7 months ago
if this goes through, our population will increase overnight by the thousands. Here comes very anchor baby born to Jamaicans, Haitians, Americans, etc and living all over the world for their papers. The judge has opened a pandora's box with this ruling and I smell an agenda. What worries me is the AG is so weak. Hasn't been too successful against Fred Smith and his kind. Mr. Munroe will eat him alive on Appeal. The PM has to appoint someone with sense to deal with this - pronto!
tetelestai 4 years, 7 months ago
So a Bahamian father should not be allowed to pass his citizenship to his child?
jamaicaproud 4 years, 7 months ago
I had vowed to cease and desist during this Pandemic. God Bless the Bahamas. But God bless everywhere too.
With what is going on in the world, why do you think people are going to flock to your shores?
The issue is simple. Children of citizens of any country should have access to said citizenship.. What is so hard about that. If your neurological response made any sense, the Population of the Bahamas would have been over 2 Million.
joeblow 4 years, 7 months ago
Based on Carl Bethels record trying cases thus far, the judges ruling should be safe!
killemwitdakno 4 years, 7 months ago
They shouldn’t have to wait until 18 but they sure as hell shouldn’t automatically be Bahamian if born abroad to a SINGLE father. He should have to apply for them to show that he claims them with dna and that they’re not from a trip. Only unless the foreign mother is a permanent resident. Maybe if they were born on the country if she’s not (tread very carefully). That would be allowing a ton of fatherless kids and they’re illegal moms possibly for money with no support. Unclaimed, no claim. HE HAS TO CLAIM HIS CHILD.
Only a bahamian mother’s kids should be automatic at birth no matter where they’re born, whether she’s married or not.
killemwitdakno 4 years, 7 months ago
Now that it’s convenient to allow fleeing families because now everyone does see the “escape hatch” value, this is now happening in court.
killemwitdakno 4 years, 7 months ago
A child comes out of its mother and hers is its birthright. He on the other hand has to bestow his heritage the same way he sows his oats because the trend shows abandonment. Take ownership.
Only if he marries the mom after birth , regardless if they divorce, then he shouldn’t have to apply for it.
killemwitdakno 4 years, 7 months ago
Take this away from the Bahamian men with foreign wives who gain the citizenship of her place, live in, and birth in her country whilst at it!
killemwitdakno 4 years, 7 months ago
Do you have a Bahamian parent? Were they naturalized? Were your parents married to each other before your birth? Were they eventually married? Were you born in the country? Does your Bahamian parent have another citizenship? Does your foreign parent have residency?
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