(Statement) The Grand Bahama Human Rights
Association (GBHRA) notes with great interest Prime Minister Perry Christie’s statement on immigration enforcement to heads of
state at the Seventh Summit of the Americas in Panama.
We are in total agreement with Mr.
Christie’s assessment that human trafficking is a sophisticated
criminal enterprise that threatens the national security of The Bahamas, as is
the case for many nations around the world. This is precisely why we have said,
from the outset, that any effective immigration policy must start at the
border.
Human smugglers are in the
business of transporting people into sovereign national territories without the
proper permission. It follows that in order to deal with this most vexing
issue, you must attack the problem at its source, cutting off the trafficking
routes and intercepting and prosecute the perpetrators.
Considering our common
perspective, GBHRA finds it curious that the Prime Minister would defend his
government’s current immigration enforcement policy so strongly.
The policy is quite clearly not focused on protecting the border, interrupting
trafficking rings, or detaining the smugglers themselves.
Instead, it focuses on high
profile raids, round-ups and roadblocks, targeting established communities
where Bahamians, documented and undocumented migrants, and individuals of
Haitian descent have lived shoulder to shoulder for many years.
From a national security
perspective, the government’s approach makes no sense at
all. It is the equivalent of trying to fight the drug trade by attacking whole
residential neighborhoods where some drug users may or may not live, harassing
and terrifying innocent and guilty alike, instead of going after the drug dealers
and drug smugglers themselves.
The government has made much of
the fact that human trafficking can be big business for the perpetrators. It is
unlikely, therefore, that many of them are forced to live in local shanty
towns.
This is why the GBHRA has repeatedly
said, since November 1, 2014, that the current policy will never solve the
problem of undocumented immigration. Indeed, we believe it was never intended
to resolve the problem. Rather, it aimed at creating the mere illusion of
meaningful action on an issue of public concern, in a bid to revive the PLP’s waning political support. From the start, the policy
was all show, no substance.
In this regard, it is interesting
to note that Minister of Foreign Affairs Fred Mitchell continuously points to
the high rate of public support for the policy, as if The Bahamas is governed
by mass rule, rather than law and order.
If the government really wants to
end undocumented immigration, they should go after the networks of human
smugglers, not communities where women and children live.
While the Christie administration
is engaged in this ineffectual public relations stunt, the border remains
porous and undocumented persons continue to arrive on our shores. The
government’s approach is like trying to bail out a sinking boat
with a spoon, without first plugging the gaping crack in the hull.
Meanwhile, the real tragedy of
this dubious exercise is being felt by average people – Bahamians and migrants, whether documented or
undocumented –
who are seeing their fundamental,
constitutionally protected rights violated at every turn.
For the benefit of Mr. Christie,
we repeat what we have said many times in response to Minister Mitchell’s attempts to defend this policy: raids and round-ups
are illegal in The Bahamas; the setting up of road check-points for searches is
illegal in The Bahamas; the denial of due process to any person detained by law
enforcement –including the right to apply for bail, the right to an
attorney, the presumption of innocence and the right to sentenced or punished
only after conviction – is illegal in The Bahamas.
Once again, we take this
opportunity to urge Prime Minister Christie and his colleagues to cease from
promulgating this unlawful, unconstitutional policy. We implore him to live up
to his words in Panama and concentrate law enforcement efforts at the border to
fight the scourge of human trafficking, while implementing a system to identify
undocumented migrants already in the country that is efficient, transparent,
lawful and humane.
•
Fred Smith, QC, president Grand
Bahama Human Rights Association