The Tribune

By LETRE SWEETING

PROTESTORS, led by the Coalition of Independents, flooded Parliament Square yesterday outraged over what they claimed was the government’s “intention” to advance drafted citizenship bills relating to issues that were initially rejected during the 2016 referendum.

Yesterday, the Office of the Prime Minister responded to the protest, saying “no draft bill” relating to citizenship or immigration laws has been released by the Davis administration.

“The only draft bill was done under the previous Minnis-led administration in 2018,” the Office of the Prime Minister said.

“Our administration is committed to partnership with The Bahamian people and will consult at all times throughout our governance. We remind Bahamians to do their due diligence in the age of social media and to avoid misinformation regarding government policies and priorities,” the OPM statement added.

Earlier yesterday, protestors chanted “Bahamians first” and “Get out our House” as they gathered in Parliament Square. They protested as the government held its first House of Assembly meeting after its summer break. The protesters were eventually moved across the street to Rawson Square by police officials around 9.30am, as they were joined by more supporters.

The House of Assembly met briefly yesterday to offer condolences over the death of Queen Elizabeth II. No other legislation was on the agenda. However, a draft citizenship bill that was reportedly circulating on social media prompted some outrage.

Lincoln Bain, leader of the Coalition of Independents and leader of the protest, said protestors do not want the government to go against the results of the 2016 referendum.

“They are planning to tell us that we don’t know what we’re doing. That we fail by voting against what they want. But we want to tell them that they work for us and they must do what we want. And if we said no twice, they should not just go and table a bill that goes against the Bahamian people and we are not going to allow that. We allowed that with the gaming referendum, but with this referendum, we are going to go to any means necessary to make sure that they do not defy our constitution,” he said.

Mr Bain said he is willing to do “whatever is necessary” to make sure the drafted citizenship bills are not passed into law, including the Nationality, Immigration and Asylum Bill allowing naturalisation to immigrants.

“They are also planning on bringing other citizenship bills, like the asylum bill and like the bill that allows for Belonger status. We are totally against that. We know this is not about gender equality. This is about them sneaking these other bills into the House. We will not tolerate it. We are going to stand and we are going to stand strong on this. And I am willing to be jailed and arrested for this.

“That bill will not be tabled in our House. That is our House and that bill will be torn to shreds and burned, before we allow that to be tabled in our House.”

Shortly after the leader of the Free National Movement spoke with protestors yesterday, the office of the official opposition issued a statement on behalf of Mr Pintard expressing disapproval of any citizenship bill that restricts Bahamian women’s rights to pass on citizenship.

“The FNM leader made it clear that the Free National Movement does not support the draft bill in the form that is in circulation. Mr Pintard has previously indicated to the media that he and his colleagues support the right of Bahamian men and women being able to pass citizenship onto their unborn children,” the statement said.

“The only issue at stake is the importance of consultation with the Bahamian people (who must have their say) and being careful to address this issue as a stand-alone matter. Mr Pintard also said that it is possible to put Bahamians first and protect our rights without hating any other group.”

In a June 2016 referendum, the majority of voters said “no” to all four proposed constitutional amendment bills, three of which referenced citizenship, naturalisation and belonged status.

In August, there was discussion about the Davis-led administration’s plan to amend the Bahamas Nationality Act to bring gender-equal nationality law, avoiding another referendum which is required to amend the constitution.

During his contribution to the 2022-2023 Budget debate earlier this year, Attorney General Ryan Pinder said it was “irrefutable” that Article 13 of the Constitution gave Parliament the ability to make provisions for the acquisition of citizenship of The Bahamas.

He maintained that advancing equality when it comes to transmission of citizenship is explicitly permitted through the legislative mechanisms of Parliament, adding the government intended on using that avenue to go forward.

“We will advance appropriate legislation to finally bring equality to Bahamian men and women in the transmission of citizenship to their children,” Mr Pinder said in the Senate.

“An initial draft has been prepared and commented on internally and we look to advance consultation after bringing it to Cabinet and ultimately tabling in Parliament.”

He continued: “And for those who may raise questions as to this legislative action, let me be clear, the Constitution in Article 13 provides that Parliament may make provision for the acquisition of citizenship of The Bahamas by persons who do not become citizens of The Bahamas by virtue of the provisions of this chapter in the Constitution. It’s (an) irrefutable, plain reading of the law.

“Advancing equality when it comes to transmission of citizenship is explicitly permitted through the legislative mechanisms of Parliament and we intend on using that avenue to go forward – We are brave, be brave my colleagues, be brave.”

In April, Mr Pinder said the Davis administration planned to scrap the draft 111-page Nationality, Immigration and Asylum Bill 2018 put forth by the Minnis administration, saying while it addressed a number of different issues, the government was of the view that it was a better approach to tackle matters individually.

However, some of the concepts of the Minnis administration’s draft will be used in a new bill, Mr Pinder said at the time.

It is the government’s intention to bring legislation to allow both Bahamian men and women to pass on citizenship in any circumstance.

The Nationality, Immigration and Asylum Bill 2018, drafted under former Law Reform Commissioner Dame Anita Allen, features expanded grounds for the refusal of citizenship under the constitution, and registration and naturalisation under the law to include terrorism, human and drug trafficking, as well as gang-related activities. The draft has drawn commentary from both the political and civic arenas.