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Bahamian Politics Last Updated: Feb 13, 2017 - 1:45:37 AM


Senator Lanisha T. Rolle contribution to the Immigration Amendment Bill 2015
Apr 18, 2015 - 5:54:41 AM

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Nassau, Bahamas - Contribution to the Immigration (Amendment) Bill, 2015 by Senator, the Hon. Lanisha T. Rolle on Thursday 16th April, 2015:

Madam President, I wish to thank the Almighty God today for once again giving me the breadth to speak, ears to hear, eyes to see, a heart to understand, and the strength to serve the people of This great Bahamas. 

Madam President, I would first like to take this opportunity to congratulate Senator Lynes on her appointment, and, for answering the call to serve the Bahamian people.  As so many offers of sound advice had been echoed to my benefit in these Chambers on the day of my Swearing-in, just a few weeks ago, I so too would like to extend this courtesy to the good Senator through you Madam President.  Senator Lynes, I encourage you to speak truth, walk with integrity and be confident that God Himself has ordained your appointment because it is only he who has the power to promote and to demote.  Today, you have been promoted and I encourage you to give our God all praise.    

Madam President, having been given the portfolio of Shadow Minister for the Ministry of Youth, Sports and Culture, I would also like to take this opportunity to congratulate our Carifta Track and Field Team for their wonderful performances during the 2015 Carifta meet, and particularly, our Swimming Team led by Ms. Joanna Evans who together not only represented The Bahamas with uttermost distinction, but showcased the talent, ability and sacrifice of young people in this day and time who can do great things even at a young age once we received the support, investment and guidance necessary to advance in a society.  Hence, to the parents of all the athletes and to the coaches we thank you for giving of yourselves unselfishly to ensure that the dreams of our youth materialize and in this securing for our country a better future.  Also on that note, I congratulate the Bahamas Softball Team on their victory at the English Caribbean Amateur Softball Confederation’s First Men’s Softball Championship.  Indeed, the people of the Bahamas thanks you and to all of you I say continue your good works.       

Madam President whenever I hear the progress of young people, my mind almost automatically reflects upon the past and present leadership of the Free National Movement which continues to demonstrate a heart for the true development of young people in a holistic manner, as I am a product of a party that knows what it is to bring sunshine to the life of a young Bahamian from East Street. 

Hence, to my leader The Honorable Dr. Hubert Minnis, his wife Mrs. Patricia Minnis, and the entire leadership team of the Free National Movement I say thank you once again for reposing confidence in me, a young lady from East Street, to speak for and on behalf of the Bahamian people.  For this, I continue to give God all thanks and glory. On behalf of my family and I, we would also like to extend happy birthday wishes to the Leader of the Free National Movement, Dr. Hubert A. Minnis.

Madam President,

A Bill for an Act to Amend the Immigration Act to provide for:

1.  The Publication of a Policy on the Exercise of Ministerial Discretion;
2. The Establishment of a Detention Centre; and
3. For Connected Matters.

In summary, Madam President, the Objects and Reasons for the Bill as stated on page 10 are to:

a. Mandate the formulation, implementation and publication in relation to the exercise of Ministerial discretion in respect to particular Immigration Matters;
b. Establish an Immigration Reserve;
c. Empower the Minister; and
d. Provide regulatory framework for a resident belonger permit and for the grant of a certificate of permanent residence to a foreign spouse who is widowed, divorced or separated after applying for a certificate.

Madam President to be quite honest, when it comes to this present government, I am always concerned as to what motivates them to do what they do, and say what they say.  For me Madam President my overarching consideration is always ‘a question of trust’? Undoubtedly Madam President I believe that Motive and Trust are the driving forces which create and maintain an atmosphere of  ‘apprehension’, a disposition that has sadly become in my view the posture of the people as it relates to any acts of this current government. Indisputably, there is continued ‘apprehension’ from the public, largely based on, in my opinion, the unsatisfactory record of this government, both yesterday and today. And in my opinion Madam President the record of this government’s performance today, is ‘worst’ than when they first took office some 40 years ago. So with this feeling of apprehension Madam President I table before this Honorable Chamber, the following reservations I have with this Immigration Bill.  
 
Madam President, The Principal Act affected by this Bill is the Immigration Act found in Chapter 191 of the Statute Laws of the Commonwealth of The Bahamas.  Therefore, from time to time Madam President I may refer to that principal document:

1.    Section 5 – Madam President

Madam President I have concern with the Insertion of Section 5 of the Act:  Immigration Reserve.  Madam President, the idea and

proposal to establish and appoint an Immigration Reserve, I believe is a proposal that could possibly a. Threaten our National Security; b. Have far reaching negative implications on our system of democracy; and 3. Is counter-productive from an Economic Stand-point.

Before I expand the premise, Madam President I first want to point out the fact as established under Section 78 of the Police Force Act that, a Reserve is established to ASSIST (full stop): Madam President, any and everywhere in the world, this is the status-quo Madam President - a Reserve regime is established to assist.  Substantiating this position, Madam President, I refer to Sub-section (2) of Section 78 of the Police Force Act, which says and I quote,

“(2)  The Reserve may be employed in The Bahamas
for assisting the Force in the maintenance of law and order,
the preservation of peace, the protection of life and
property, the prevention and detection of crime, the
apprehension of offenders, and the enforcement of all laws
with which the Force is charged.”

Similarly, as expressed at Section 12A of the Bill, I want to point out Madam President that prospective Reserve Immigration Officers would be employed and deployed to assist Immigration Officers.  Therefore, this means Madam President that at no time should a Reserve Immigration Officer, and by extension, a Reserve Police Officer act or attempt to usurp authority and control over the Principal Officer. 

The intent and effect of the legislation was and is at all times in relation to a Reserve Core Madam President, to provide for Reservists to operate within their core ‘as Reservist’, and based on the powers invested in them to assist, from the full pledged Constable to the Chief Constable, the Commissioner of Police. Their chain of command is restricted to those within the Reserve i.e. to assist and to help. Madam President while the Reserve core has been an excellent support for the Police Force, I dear say that we must be careful with issuing powers to too many in a small society.   

Madam President, as this government is proposing to expand the armed forces in this small country of an estimated 350,000 people, I think it is most essential for members of a society to understand the ambit of rights reposed in individuals who will be, and are given power that can be exercised over their freedom. 

But Madam President, why do we need more people infiltrating a confidential security sector? Madam President, one can only hope that this is not an attempt to create another sector of political spies or cronies for that matter. If not, why not give the young people permanent and pensionable full time immigration jobs.  Why not use this propose budgeted Immigration Reserve money for that!

Madam President, on the security issue, consider this, the individual works as an Insurance Agent in the day, knows all of the citizen’s business from that end, then crosses over in the evening  to exercise power and authority over the citizenry at night. 

Madam President, while this category of support is needed in the Police force considering that our Murder rate is reportedly up by 30%, unless this government can justify the need to add this category of support to the Immigration Department I say this potential threat to privacy is really uncalled for, and I simply have to question the motive and the rational of this proposal.  I believe Madam President, that this is too much allocation of power, and unnecessary expansion of the armed forces; Moreover, in my opinion it creates or is likely to create an excessive amount of members of armed forces in a small country with a small group of people.  This is not a communist state, Madam President, and neither is it a pure socialist regime, the people need real jobs from a multiplicity of sectors.  To my mind Madam President, employment with the prospective Immigration Reserve is no real government job, and the reality is, we need an overhaul of the quality of employment in the public service as it stands in terms of employee value, qualification, pay and performance. 

Additionally, to my mind Madam President, to create this state of affairs is a threat to the smooth running of the Immigration Department and our society at large.  To my mind Madam President this unwarranted and unjustified addition of Immigration reserves has the potential to create an atmosphere of further intimidation on members of the public, many of whom are legitimate guests of our country, and who have legitimately complained about so many instances of extortion and misuse of powers by those given the power to wield them. Madam President, to my mind, this proposal from a national security and democracy stand point is ‘dangerous’. 

This then brings me to my next point as to why I do not think this Immigration Reserve idea is plausible and, why I say it is economically counter-productive.  Madam President, why, why, why, when the unemployment rate is 15% overall and 30% among our youths which when converted amounts to about 105,000 young people with no jobs, why does this government want to create another avenue for persons who have jobs to obtain a second job, when the fact is 105,000 young people of this country can’t find one.
 
Moreover, Madam President, why will this government propose to create a situation where as it is in the Police Reserve, we will have people putting their lives on the line for pennies with no real benefits, or protection as a full pledged employee in a high risk sector?  To my mind Madam President, this amounts once again to irresponsible governance, and this proposal of an Immigration Reserve is in my opinion, a remedy for catastrophe.  I believe, this Immigration Reserve proposal is only submitted by this government as a means to sell another dream to Bahamians that they are making provisions for more jobs; but more jobs for who Madam President and under what conditions, and at what cost? The only people who will suffer under these hardship employment conditions are average hard-working Bahamians. 

Madam President, I am here to say that Bahamians deserve better.  More work and no pay (or no substantial pay rather) makes Jack a poor boy.  I say to my Bahamian brothers and sisters, this category of job creation is ostensible. Many police reserves have indicated that their pay is rarely on time, as a matter of fact, I am told that sometimes they have to wait months on their pay.

This Immigration Reserve idea is a slap in the face to Bahamians, it has no real substance, but rather offers a temporary fix that will not empower the average Bahamian, but further enslave them to work for pittance, which any person will be forced to run after as they try to survive and provide the most basic needs of their family in these harsh economic times when you have to pay VAT on bread basket items, medicines, medical treatment and the non-profit work of the church and other charities. 

Madam President I find it unconscionable to raise taxes, implement taxes, then offer the people an insecure job, to pay these additional taxes.  A job with the reserve provides no additional benefit, just a security to pay more taxes. To my mind and in my opinion Madam President, this appears to be the introduction of modern day slavery, and Madam President, Bahamians I am sure can see through this charade or masquerade. 

Instead of this short-sighted approach, Madam President, I recommend that we substitute this idea of Immigration Reserve with the practical hiring of young people and the jobless in our society who need permanent and pensionable jobs, hire full Pledged Immigration Officers:  this recommendation Madam President should be the thinking of a government that wants to truly give its citizens a slice of the pie, not the crumbs. This Reserve idea is economically counter-productive in substance.  

2. Issues Re: Provisions for Permanent Residency   
In relation to Section 6 of the Bill, Madam President, how can the Board of Immigration as established at Section 5 of the principal Immigration Act, be given powers to grant permanent residence to an immigrant minor without reference to the immigration status of their parent or guardian?  The status of any child under 18 should be subject to the ability of their parent or guardian to be responsible for their whereabouts.  Section 5 (6) of the Constitution provides that an application by a person entitled who is under the age of 18 must be made by the parent or guardian of that person. 

Madam President all laws must be in conformity with the Constitution which is the Supreme Law of the Bahamas.  I think that any provisions that appear to provide for making decisions regarding a minor independent of their parent or guardian unless the Country is prepared to make that child a ward of the state, is in my opinion, a breach of the inalienable rights of that parent and a breach of international laws on human rights.

At Section 7 of the Bill, I am concerned about the Deletion of paragraph 3 of the principal Act which provides a protection for  applicants for residency in that they would not be prejudiced by any previous applications. I think it is important that no application by this or any other provision prejudices an individual’s application for citizenship as is provided for under the Constitution.  Therefore Madam President I recommend that paragraph 3 ought to remain unless a reasonable answer could be given to justify why that protection of the applicant is being removed.  

Madam President, I have considerable contention with the proposed Amendment at Section 8 of the Bill which proposes to allow non-citizens who are separated whether permanently or temporarily by divorce or separation from a Bahamian citizen to be given the outright privilege to apply for permanent residence.  This Madam President in my opinion, opens hells gate to ‘marriages of convenience’ which are contrary to our laws under the Matrimonial Cause Act, especially where the non-citizen is the person who applied for the divorce.

Why would we want to do that to ourselves Madam President? I recommend that if this is going to be done, the Regulatory framework must provide some requirement that the foreign spouse has been in the marriage for more than a five (5) year period before becoming eligible to apply for permanent residency unless the separation was by death, Madam President.

On a quick note as to Amendment at Section 9 page 6 of the Bill which restricts who that divorced individual could remarry in order to maintain their permanent residence status, to my mind Madam President this affects the laws of restraint and perhaps the fundamental rights of the individuals.

For the most part however, Madam President, I recommend that the amendment at Section 14 of the Bill having the potential and ability to attract an influx of ‘marriages of convenience’, and then flooding the courts with divorce petitions is an Amendment that should not be made at all.  Madam President in proposing such Bills the government has a duty to consider that the welfare of the child is affected by these decisions of adults to marry and divorce willy nilly, and in many instances for purely selfish purposes.

The Amendment at Section 29 of the Bill outlining penalties under the Act and other penalties delineated in later provisions of the Bill
to my mind is better served in a wholesale amendment of the Principal Act or through a comprehensive set of regulations rather than a piecemeal Amendment.

Issues re:  Belonger’s Permit as proposed by this Bill
Madam President, I have a preliminary objection to the Amendment at Section 13 of the Bill providing for Belonger Permit. Madam President this proposed Amendment must be read in tandem with all of Section 7 of the Constitution which provides that such applicant must have attained the age of 18. I do therefore recommend that the age specification is displayed in that relative portion of the proposed Amendment so that there is no misunderstanding on the face of these provisions as to who is a qualified applicant.

Madam President this Belonger Permit seems to be intended to get around the requirements for citizenship under our Constitution. I believe then, if we are going to offer resident belonger permit to persons who are not ordinarily Bahamians such persons must show some interest in being tied to this country, there must be requirement that they demonstrate some form of allegiance Madam President.  The only thing this belonger permit doesn’t do, is provide for the right to vote, but the belonger once they pay their fees will be able to enjoy all substantial benefits of the citizenry.  It is still only ‘a permit’ and nothing else.  So this government in my view will by these Belonger permits, create a false sense of second class citizenry. 

Madam President, God forbids if we go to war, will the belongers who live and benefit from our land fight for us voluntarily because by virtue of international law where there is no renunciation of citizenship that state of their citizenship can exercise power over them wherever they are in the world. 

So what commitment will be made to us, to the Bahamas and our country Madam President; and why is this government so quick to create an under-class citizenry whose rights, benefits, duties and obligations under the ‘permit’ will be somewhat artificial, and still subject to the control of the Immigration Department, as it is stated at Subsection 2 of Section 13 of the Bill, that the permit will be granted for a term at the discretion of the Director of Immigration. Madam President could you believe this government proposes to create another category of bureaucracy in the public system? Why Madam President why? 

I believe it is ‘inhumane’ to for lack of a better word, torture people in this way where they will have to endure long lines, long wait for replies to applications or a reply at all which to my understanding are some of the problems immigration applicants currently face. Madam President, I recommend that this government first deals with the long list of outstanding residency applications before it.  Or is this another political stunt to make citizens who have foreign family members residing here believe that this government is getting them straight. 

Madam President, this is the advertisement of another ineffective and empty, and unrealistic promise, while on paper it sells a dream, in reality it has the potential to be a nightmare.  The applicants for Residency want to be FREE, and if the applicant qualifies under the Constitution they ought to be granted their Residency forthwith. 

This Belonger’s Permit does not provide for their complete freedom to live, work and enjoy the benefits of the citizenry and the proposes of this Bill very well knows that.  This ‘Belonger Permit’ creates a sense of false hope and does not deal with the real issues affecting emigrates and immigrates, and it certainly provides no real solution to our illegal immigration problem. 

Madam President this proposal of a Belonger’s Permit in my opinion offers the sale (because people will pay for these new permits) of a quick fix that provides no real fix and it will be in the long term unhealthy and unsafe for the applicant and the country to say the least. It’s just another avenue to demand and collect more taxes. Finally, Madam President, I eagerly await the regulation which will indicate what the requirement of applicants for the Belonger’s permit and how does this overlap or affect current requirements under work permit applications?

3    Issues re: Proposal to expand the Minister’s Discretion  
At Section 16 of the Bill which speaks to expanding the Minister’s Powers under the Act.  Madam President, I believe this proposed empowerment borders on a breach of separation of powers where the Minister himself and without consultation of the Board I may add, will be empowered to formulate a sector policy for his exercise and then publish it at his own discretion.  Madam President where are the checks and balances established under our system of democracy.  And Madam President, the government must be more specific and identify which scope of sector policies would be the subject of unchecked decisions by the Minister when the Prime Minister at present, according to 5 of the principal Act is the President of the Immigration Board.  Madam President as established from 1975, the ‘Board’ according to Section 6 of the Principal Act is empowered to exercise general supervision and control over matters in relation to Immigration, and this attempt Madam President to take away substantial aspects of its powers is in my opinion, an affront to our established system of accountability in the Immigration sector.  I recommend Madam President that the Board led by the Honorable Prime Minister maintains the power to formulate and implement every policy in relation to Immigration matters which I want to emphasize Madam President, affect the fundamental rights and freedoms of individuals whether citizens of this country or not.

In conclusion, Madam President, it is my opinion that this Immigration (Amendment) Bill 2015 is with good intent but it is void of essential elements that could, would and should produce tangible and sustainable benefits for and relief to the people of The Bahamas through a well thought out immigration policy.  It is to an extent, another smoke and mirror, that the Bahamian people may have to endure, but I hasten to add, ONLY FOR ANOTHER 756 DAYS OR THEREABOUT.  
 
The Opposition has raised our concerns together with our recommendations, but we support the Immigration (Amendment) Bill 2015. 

As I close Madam President, I wish to end by declaring in these Honorable Chambers that according to our Constitution, The Bahamas is a Christian Nation, and notwithstanding the noise in the market, that position has not, and will not change once we continue to declare one God, one people, one Bahamas.  



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