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"Mitchell seeking to defend the indefensible," says Smith
By Fred Smith, QC, President, Grand Bahama Human Rights Association
Sep 25, 2015 - 8:00:33 AM

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(Statement) The Minister of Immigration and Foreign Affairs has yet again sought to defend the indefensible, failing to answer serious criticisms of his immigration policy and attempting instead to distract and spread fear among those who point out its wrongs.

In a recent address to the Kiwanis Club, Fred Mitchell continued with his consistent approach of making wild accusations and raising red herrings when confronted with criticisms. Among these is the irresponsible and dangerous claim that the GBHRA's efforts to protect human rights amount to supporting human smugglers.

International watchdogs have already cautioned against such intimidation tactics, which can stigmatize and place the safety of human rights defenders at grave risk.

Meanwhile, the minister has again been touting one of his favorite fallacies: that alleged compliance with the draconian and illegal policy implemented by the Department of Immigration in November of last year, somehow qualifies as a justification of the policy itself.

"The enforcement division of Immigration is working well and the number of complaints has been minimal," he told the Kiwanis meeting.

Firstly, the minister can make as many unqualified claims about complaints or the lack thereof as he wishes; the consistent outcry from those affected by this policy and the stern warnings from local and international human rights defenders are on the record for all to see. The policies are transparently illegal; no ifs ands or buts about it! He cannot escape that .

Secondly, Mitchell’s ignores that fact that no level of compliance out of fear can vindicate his policy. Indeed, such forms of justification have been attached to countless extreme and oppressive di ctators throughout history for example Hitler ; Stalin and Mussolini.

In democratic societies, however, an unconstitutional policy can never be validated simply because obedience has been achieved through bullying and intimidation.

The same law that Mitchell claims is being complied with is itself unlawful. There is no room in the Bahamas Constitution for the government to require that children carry "Belonger's Permits" in order to access their legally guaranteed right to education. No level of claimed or even demonstrated compliance, nor ceaseless proclamations to the contrary, will change this fact.

Mitchell's comments also fail to acknowledge the cruel, inhumane and intolerable position into which so many children born to non-Bahamian parents in this country have been placed by this policy. Eligible to be registered as citizens upon application at age 18 but facing deportation either before they attain this age or while waiting for a response to their application from the woefully delinquent Immigration Department, these individuals are now told they need a permit to remain in the country.

However, the practical impossibility of fulfilling the requirements for a Belonger’s Permit places them in an extremely precarious position, under threat of deportation and in many cases, statelessness.

The GBHRA again calls on the minister to stop ignoring the real issues and shooting the messenger. Instead, he should bring his department's policies in line with internationally accepted standards for humane, tolerant and legal behavior.

Failure to do so not only undermines the basic human rights of those living in The Bahamas but also threatens to exacerbate the very problems Mitchell claims to be seeking to address.

His illegal and dictatorial policies that are encouraging the creation of an angry, isolated underclass, differentiated along the lines of ancestral heritage, when what The Bahamas should be doing is coming together to seek common ground in an effort to confront the many serious challenges we face as a nation today.


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