AG: Gov’t Tackling Immigration

The Human Rights Council is an inter-governmental body within the UN system made up of 47 States responsible for strengthening the promotion and protection of human rights around the globe. 

The Council was created by the UN General Assembly on 15 March 2006 with the main purpose of addressing situations of human rights violations and make recommendations on them. 

"It is a matter of public record that the Bahamas by virtue of its strong economy and its geographic location in close proximity to the United States has historically served as an attraction for large numbers of illegal and undocumented immigrants; many seeking to transit to the United States," Mr. Barnett said. 

"The Bahamas has a population of only 330,000 persons, and though economically sound it cannot continue to absorb the uncontrolled influx of undocumented migrant workers and other illegal immigrants." 

Mr. Barnett further told the group that the Bahamas employs the usual practices of all governments to protect its borders and enforce laws governing entry to the country. 

"Individuals found to have entered the country illegally or to have overstayed their authorized stay in the country are detained and deported/repatriated in accordance with our laws," he said. "An immigration detention centre was established more than 10 years ago to house immigration detainees outside of the criminal prison system." 

There are presently 259 persons in the detention centre, 197 adult males, 50 adult females and 12 children, according to the attorney general.

He said that it is the policy of the Bahamas that minor children are housed at the detention centre only if accompanied by their parents and unaccompanied minors are housed in a state residential home supervised by the department of social services.

  "It is the policy of the Bahamas to process and repatriate persons to their country of origin as expeditiously as possible without compromising our obligations under the 1951 un Convention on Refugees and its 1967 protocol and in accordance with existing bilateral agreements," Mr. Barnett said.

  "All persons claiming political asylum are interviewed and assessed by UNHCR trained immigration officials." 

According to Mr. Barnett, over the past 15 years 102 individuals have been granted political asylum in the Bahamas. 

"The vast majority of individuals detained by immigration authorities in the Bahamas are of Haitian and Cuban nationality seeking illegally to secure employment opportunities in the Bahamas or abroad," he said. " It is the policy of the Bahamas to repatriate all such persons to their country of origin as quickly as possible."

  "In instances where children are involved, it is the policy of the Bahamas that children may be kept in detention for periods in excess of one week. Every effort is made to remove them quicker, which often necessitates expedited travel arrangements." 

He added that where nationals of Haiti, who make up the bulk of the illegal immigrant population, are concerned, repatriations are generally swiftly concluded. 

"This has been possible because of arrangements put in place between the Bahamas and Haiti which permits the repatriation of Haitian nationals with a minimum of bureaucratic delay," Mr. Barnett said. "Nationals of Cuba make up a second significant number of immigration detainees in the Bahamas. 

"The vast majority of these individuals seek to transit the Bahamas for a final destination in the United States." 

Mr. Barnett said that in more recent times a growing number of these nationals also seek unauthorized employment in the Bahamas. 

He also said that conditions at the centre are "austere but not punitive". 

"Crowding has been a problem from time to time particularly following the deliberate destruction by fire of a dormitory building by a number of Cuban detainees," he said. "All immigration detainees are provided with adequate food clothing, shelter and medical attention and care if necessary."   

He said that detainees are not denied access to legal representation.

"You should be aware, however, that the Bahamas does not have a statutory regime of legal aid except for capital offences and/or where an accused seeks assistance for the purpose of plea bargaining," Mr. Barnett said. "The Eugene Dupuch law school of the Council of Legal education of the University of the West Indies operates a legal aid clinic in the Bahamas and detainees may seek assistance from that clinic."