The Tribune

EDITOR, The Tribune.

Collectively we as real Bahamians have kicked the can filled with questions of citizenship too far down the road for too long. With the splendid ruling by a majority of the Court of Appeal recently (God bless them forever) the long vexing and debilitating question of citizenship is finally coming to a dramatic close.

I have long held and still do as a Christian-minded person and a constitutional lawyer to boot, that anyone who is born physically, in any country is a natural citizen, automatically, of that particular nation. The Bahamas is included in that. There can be no other legal way except the individual concerned opts, at age 18 years or older, to renounce that particular citizenship. This is mere common sense and there is no need in my view, to dance around this salient and on the ground fact.

Many Bahamians are xenophobic and many fear invasions by undocumented persons born in this country along with their equally undocumented parents of whatever nationality, but especially Haitian. Historically most of you Bahamians have no problem with utilising so-called Haitian labour or to engage in relationships of all sorts of nature, inclusive of sex. But no citizenship for your Bahamian-born children and, for sure, none for you if you came here, illegally, by boat or plane.

It is agreed that the original “fathers” of our constitution, The Bahamas Independence Order 1973, that there are vague references to the “father” which has long negated “the mother”. My position from a constitutional point is that with medical and forensic advances over the past 30 odd years, especially DNA tests being almost 100% accurate, that those two adjectives are interchangeable. Constitutions are what we legally trained people call “evolving” and constantly dynamic.

They are not written in stone, but subjected to ever changing circumstances. So is it, I submit, with our own constitution. Back in the day any man could have claimed to be the daddy of any and all out of wedlock children. Not so today. If I as a Bahamian man were to father a child right here in The Bahamas or anywhere else for that matter (keeping in mind that I am a happily married man), why should that ‘illegitimate’ child of mine not be entitled constitutionally to be a recognized and registered Bahamian citizen?

The learned AG says that the government will appeal to the Privy Council over in the UK. Why is this necessary and how much will this exercise in futility costs the taxpayers? We have yet to know how much of the same was expended on the failed prosecutions of Messrs. Shayne Gibson and Frank Smith? Accountability and transparency?

There are also questions as to whether or not the recent ruling by the Court of Appeal allows for persons who fall into this grey area to immediately apply for citizenship et al. The AG and his ministry are not known to be swift with applications or in addressing simple matters. They seem to take forever and at least one day. In addition, they have yet to win any major cause celebre.

I am more than satisfied that at the end of the day there will be yet another judicial defeat for this administration. I also have no doubt that the FNM will seek to use such an anticipated defeat in the Privy Council as a political weapon in the general elections. On the other hand I would strongly advise the Leader of the New PLP and others within that party, to refrain from commenting on this landmark ruling by the Court of Appeal until the appellate process would have been completed.

The Leader and National Chairman are both seasoned lawyers and would appreciate that if and when the AG files the application to the UK that the law is, in fact, as declared by the Court of Appeal but they are also aware that the administration will stonewall all such applications for citizenship for as long as possible. Once the AG has filed the appeal and seeks a stay of execution from the Court of Appeal, qualified persons may apply. They should not, however, hold their collective breath for a successful response.

The FNM will accuse the New PLP of giving aid and comfort to these persons who would apply realising that at least two referenda on this matter was soundly rejected by the people of this wonderful nation for whatever reasons. I suggest there be no formal statement issued by the New PLP and its stellar leadership. To God then in all things be the glory.

ORTLAND H BODIE, Jr

Nassau,

June 24, 2021.