Growing Suspicion and National Doubt over The Bahamas Government Smuggling of Migrants Bill

 

Nassau, N.P., The Bahamas - Put that Smuggling of Migrants Bill on Hold!

HOLD THE BILL!!!

There are some questions emanating from the press release issued by the Government of the Commonwealth of The Bahamas in relation to the intention of the Government to debate and pass the "Smuggling of Migrants Bill".

In its own press statement the Government is quoted as saying, "The clause being circulated by Mr Bain deals with smuggled migrants as victims and witnesses of this crime.  It simply prevents a victim from being charged under this new anti-smuggling law for acts that arise directly from being smuggled, such as illegal entry of possession of a fraudulent document supplied by the smuggler".

There are a number of questions that begs a clear and concise answer considering that someone being smuggled may not to be the same as a person being trafficked.  According to The UN Refugee Agency (UNHCR )"Human smuggling is when people called smugglers (sometimes referred to as "Coyotes"), help persons cross borders irregularly, typically with their consent, in return for money or other material benefit:

The UNHCR further defines Human Trafficking as the exploitation of people for profit such as forced labor or sexual exploitation".

So the Government needs to explain how can smuggled migrants qualify as victims and witnesses - as well as for short term humanitarian care, if by the UNHCR definition these individuals are typlically smuggled with "their"consent and usually by paying the smuggler money or by other material means?

So this begs the question, if the individuals being smuggled do not fall under the category as persons being kidnapped and trafficked to engage in forced labor and or for sexual exploitation, how do these individuals end up in a proposed Smuggling and Migrants bill in the Commonwealrh of The Bahamas as "Victims" and not "Criminals?

How will the Government determine from a boat or plane load of migrants who qualifies as smuggled persons (someone who paid to be brought to The Bahamas illegally) from trafficked persons (someone kidnapped and forced against their will)?

If the purpose of this bill is designed to put teeth into the law to punish smugglers, it cannot at the same time serve to exonrate those being smuggled as victims and witnesses, shielded from arrest and prosecution.  The probability is that both smuggled migrants and smuggler are on the same vessel for the same purpose.

The general understanding with these kinds of smuggling operations is the individuals desiring to be smuggled to a destination illegally, "pay" a smuggler to smuggle them to said destination.  This would mean that smuggled individuals are not victims, as nothing was done to them nor were they forced to make the journey.  Second the smuggled migrant is indeed a witnesses but a witnesses to a crime and a crime that they are more than likely an accessory to.

There appears to be a section in the bill under the heading "Immunity from prosecution of smuggled migrants" - that says in part "A smuggled migrant cannot be liable to criminal prosecution under this Act in respects of

(A) illegal entry into the receiving country

(B) remaining illegally in the receiving country or transit country or

(C) possessing a fraudulent or identity document

It would be important for the Government to confirm if the above is true and what is their true intent when it comes to these smuggled migrants.  There are many more questions.  I was informed that it was the intent of the Government to debate and pass this bill today, Wednesday December 3rd 2025 or by tomorrow Thursday December 4th 2025.

I would strongly recommend Director of Communications Latrae Rahming encourage the Government to put the brakes on debating and passing this bill until there can be wide spread national consultation and input by the Bahamian people including members of the legal fraternity, the Church and Civil Society.  I was just sent a copy of the bill and like many Bahamians, I have not had sufficient time to read it and I suspect neither have many other citizens.

Bills are comprised of serious legal language and the wrong language used in a bill could result in a wrong or devastating outcome.  Bills tabled in the House of Assembly usually become the law of the land and so every bill should include the correct language, which should be very clear.  However from the looks of things so far, this particular bill doesn't appear to be very clear and could open the door to suspicion and national doubtsuspicion and national doubt.  Just my thoughts.

Kevin Harris 

Wednesday December 3rd 2025

Source / Comment

...protection of our borders against illegal immigration, poachers, gun and drug running, human smuggling... and Trafficking in Persons

The Democratic National Alliance (DNA) says, We need 21st Century Protection of our Borders

The Prime Minister’s 2012/2013 budget communication has allocated a tremendous amount of money for the purchase of vessels for the defense force. No doubt the rationale for this is for the protection of our borders against illegal immigration, illegal poachers, gun and drug running and human smuggling and trafficking.

Illegal immigration has been one of the critical issues our country has been facing for many years and if it is not arrested, we will lose our country. Illegal immigration has strained our country’s resources in health care, education, social services and national security. Illegal Immigration has infiltrated our country so much so that we now have many different subcultures.

Illegal poaching has now become a common occurrence. Other nationalities are raping our waters every day. They do it because they realize that our leaders do not have the answers to this concern. They have our leaders figured out because they know that our leaders will come up with the same type of plan they have used in the past in anticipation that it will work this time.

Many of the crimes committed today are because of illegal drugs and the availability of guns on our streets. These guns and drugs infiltrate our beloved country from other countries and have wreck havoc on our once peaceful society.

Human smuggling and trafficking is very much alive resulting in persons penetrating our borders.

The PLP administration has decided that more vessels will help with addressing these vexing problems. But this is very much unrealistic. No matter how many vessels are purchased, the problems above will still exist. You ought to remember that vessels have been purchased in the past and we still have the same problems today. It did not work! Illegal immigration, gun and drug running, illegal poaching and human smuggling and trafficking are still on the rise. So what does this administration do…the same thing that was done before…purchase vessels!

The Commonwealth of the Bahamas is made up of 700 islands and Cays covering 150,000 square miles of sea. This tells me, and I would think the average person, that no matter how many vessels are purchased, it would be virtually impossible to man our waters. However, with the use of technology we would be able to monitor our borders and determine what is on and under the sea. This is what the PLP administration should be investing in. By the touch of a button you are able to determine who is trying to enter our country. You would not have to rely on defense force vessels being at the right place and at the right time in order to detect those entering our borders for illegal purposes… all of this can be monitored by way of technology.

I would encourage this administration to go to the Democratic National Alliance’s website at mydnaparty.org and watch our town meeting on immigration. There we discussed the technology that can be used in order to facilitate 21st century protection of our borders.

In order for us to move this country forward, we cannot afford to do the unsuccessful things we have done in the past and anticipate that it would be successful in the future. Let’s start thinking outside the box!

Branville McCartney
DNA Leader

The Bahamas is a major smuggling zone for people and narcotics to the United States from South America and the Caribbean... However, there are usually no prosecutions for human smuggling for some reason

Changing how we respond to human smuggling

thenassauguardian editorial

At least 11 people are dead as a result of a suspected human smuggling operation gone wrong off Abaco a few weeks ago.  Authorities fear 10 other passengers, who remain unaccounted form the vessel ‘Cosy Time’, are dead.

Twenty-eight passengers were reportedly onboard the vessel and seven people survived.  The victims are all thought to be of Haitian descent.

National Security Minister Dr. Bernard Nottage has told the House of Assembly that one of the survivors, a man of Bahamian-Haitian descent, said he boarded the boat because his mother insisted he go to the United States on the vessel.

“The gentleman further stated that he believed each person paid a total of $5,000 a head for the journey,” Dr. Nottage said.

The Bahamas is a major smuggling zone for people and narcotics to the United States from South America and the Caribbean.  However, there are usually no prosecutions for human smuggling for some reason.

Most of the people smuggled here are Haitians and many die trying to escape the poorest country in the hemisphere.

Thus far one person has been charged in connection with the deaths in Abaco.  Several others have been taken in to custody for questioning.  The man who has been charged is innocent until proven guilty in a court.  We make no comment on his guilt or innocence, but we commend the government for this time investigating this matter seriously and seeking to bring before the court those it suspects responsible so that a jury could decide their fates.

One of the ways to slow human smuggling is to aggressively prosecute those involved.  When migrants are killed in human smuggling operations those who organized the operations and those who command the vessels are criminally responsible for those deaths.  Manslaughter charges should be leveled against smugglers who survive these tragic occurrences.

If we do not get tough with this heinous crime it will continue and more desperate people will lose their lives seeking better lives away from their economically challenged homelands.

The witness told police one of the boat’s engines kept cutting off, which slowed it down.

“He reported that the seas were very rough and the vessel began to take on water,” Dr. Nottage said.

“The vessel eventually capsized and everyone began to scramble to save their lives.  He reported that he did his best to save other persons, but the sea was too rough, so he had to save his own life.”

We must not just view this situation as tragic.  The Bahamas should use it as an opportunity to change how we deal with human smugglers.  They prey on the desperation of poor people.

Jun 25, 2012

thenassauguardian editorial

Caribbean Blog International