A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Monday, November 7, 2022
Haitians Need to Stop Sewing Seeds of Discord in The Bahamas and Focus on Assimilaton Into The Bahamian Society
Friday, October 12, 2012
Constitutional reform, pt. 8: ... ...The right of a citizen to good health and a clean environment
By ALFRED SEARS
Sir Lynden Pindling, one of the founding fathers of our Constitution, in an address at the Colloquium on Political Reform, Constitutional Change and National Development at The College of The Bahamas on June 23, 1998, advocated that we expand the fundamental rights protected under the Bill of Rights of the Bahamian Constitution to include: “The right of a citizen to good health and a clean environment.”
Protection of the environment
The Bahamian Constitution, as a living document, should be amended, like the United States Constitution which itself has been amended 27 times, to reflect the shared expectations of and experiences of succeeding generations of Bahamians.
Today, due to the lack of a rational development strategy, we are faced with the rapid loss of aspects of the natural environment and cultural heritage of The Bahamas. The current national development strategy of development, based on attracting large foreign direct investments in resort tourism, has transformed the physical landscape and way of life of communities throughout the archipelago of The Bahamas.
There needs to be a firm balance between development and preservation of physical and cultural environment. While the current development strategy has created jobs for Bahamians, it is having an adverse impact on the environment, the quality of life of future generations of Bahamians, who will have to live pollution filled lives, without easy access to the beaches, historical and cultural sites, damped waste in our waters from cruise ships and others in the Bahamian territorial waters, the destruction of marine life and the coral reefs.
The patrimony of future generations of Bahamians will be destroyed, unless we treat the right to good health and a clean environment as fundamental rights protected by the Constitution.
The right of every Bahamian community to preserve its quality of life and be consulted before any public decision is taken to approve the construction and operation of projects that may adversely affect a Bahamian community was affirmed by the Court of Appeal of The Bahamas in the case of Responsible Development of Abaco (RDA) Ltd v. The Right Hon. Hubert A. Ingraham and Others SCCivApp. No. 138 of 2010.
The issue related to a decision of BEC to construct a power plant at Wilson City, Abaco, and the right of the community to be adequately consulted before the decision was taken. In a judgment by the Justice Allen, president of the Court of Appeal, in which Justices of Appeal Blackman and John both concurred, she observed, at paragraph 15, that, “It cannot be doubted that the exercise of that power was subject to the rights or legitimate expectations of residents of The Bahamas generally, and in this case to the rights and legitimate expectations of residents of Wilson City, in particular, not to have their quality of life adversely affected by the construction and operation of the power plant in their neighborhood.”
At the hearing of the appeal, the power plant had already been constructed, nevertheless the Court of Appeal ordered BEC to conduct a process of full and proper public consultation with the community of Abaco on the operation of the plant going forward. The court held that “the appellants had a legitimate expectation to be adequately and meaningfully consulted in the decision-making process relative to the location and construction of the power plant at Wilson City, Abaco, which was breached by the respondents.”
United States experience
The United States federal regulation of the environment is based on the National Environmental Policy Act, 1970, under which is established the council on environmental quality, which advises the president. The Environmental Protection Agency was also created in 1970. The Common Sense Initiative Council, comprising representatives of government, business and environmentalists take an industry specific approach to solving environmental problems.
One feature of the United States legislations which is instructive is the “private attorneys general” provision which enables an individual to challenge government’s environmental decisions such as the grant of a permit and generally to demand both government and private sector compliance with the law. For example, the Endangered Species Act contains a provision which states that “any person may commence a civil suit” to enforce the provisions under the act.
In rejecting the secretary of the interior’s position that the petitioner lacked the requisite standing, Justice Scalia, writing for the U.S. Supreme Court in the case Bennet v. Spear 117 S.Ct. 1154 (1997), held: “That the overall subject matter of this legislation is the environment (a matter in which it is common to think all persons have an interest) and that the obvious purpose of the particular provision in question is to encourage enforcement by so-called ‘private attorney general’.”
These private attorney general provisions in environmental laws in the United States have enabled environmentalists to ensure a more equitable balance between development and preservation. For example, environmentalists have been able to influence the United States federal government to protect the habitats of the northern spotted owl, the Mexican spotted owl and the grey wolf by limiting development on nearly 18 million acres of land.
In The Bahamas, the government is often compromised when regulating foreign direct investment, given the practice among the political parties of relying on secret campaign contributions from foreign investors who are proposing or conducting foreign direct investment, with environmental implications. Therefore, the regulation of business should not be left exclusively to the initiative, monitoring and enforcement by the government. I suggest that, like the United States, every Bahamian should be able to act as a “private attorney general” in the preservation and protection of our environmental laws.
Public access to beaches
Access to the beaches for recreation, exercise and leisure is important part of the Bahamian culture and traditional way of life, as island communities. However, due to the lack of a rational development strategy, public access to the beaches on New Providence has been severely restricted over the past 30 years, due to the public policy of unrestricted touristic and other development, primarily by foreign investors.
Due to this pattern of development, we have seen, notwithstanding recent beach restoration projects, restriction to Governor’s Beach, Delaporte Beach, Cabbage Beach, Yamacraw Beach and Montagu Beach.
One social or economic class, foreign or local, should not be allowed to dominate the use of beaches in The Bahamas. We must, in our public policy, strike an equitable balance between the accommodation of economic development and the right of all of our people to have reasonable access to the beach resources of our country. Smart urban planning will protect the natural, historical and cultural patrimony of this country for future generations of Bahamians and visitors.
There is a growing recognition in the Caribbean region generally that the citizens’ right in a healthy and productive natural and social environment should be treated as a fundamental right. The Constitutional Commission of Jamaica in its final report, dated February 1994, recommended that the Jamaican Constitution should be amended to include, amongst other things, “the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage”.
Similarly, the report of the Constitutional Review Commission of Barbados, dated December 1998, recommended that the Barbadian Constitution be amended to include, amongst other things, the duty and responsibility of every person in Barbados “to value and preserve the rich heritage of Barbadian culture” and to “create and maintain a clean and healthy environment and have compassion for living creatures”.
Further, the Barbadian Commission recommended that the Constitution be amended so that the state shall have the responsibility to “ensure that the beaches and public areas are accessible to all and do not become the exclusive preserve of any one sector of the community” and to “give the highest priority in the planning and execution of government policy to the preservation and protection of the natural environment of Barbados, which it shall hold as a sacred trust for future generations”. The current laissez faire policy of The Bahamas with respect to the Bahamian environment is out of step with the growing regional consensus that we must, through the Constitution, statutes and common law, pronounce a rational policy for the preservation and protection of our natural environment and cultural and historical heritage.
Recommendations
Since our Constitution is the most authoritative statement of the Bahamian community’s aspirations, expectations and policies, I recommend that our Constitution be amended to include the following provisions:
1. Every person shall have the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological, cultural and historical heritage.
2. Every community should be adequately and meaningfully consulted in the decision-making process before the approval of any project that may adversely affect the quality of life and welfare of any Bahamian community.
3. The state shall ensure that the beaches and public areas are accessible to all and do not become the exclusive preserve of any one sector of the community.
4. The state shall give the highest priority in the planning and execution of government policy to the preservation and protection of the natural environment and cultural heritage of The Bahamas, which it shall hold as a sacred trust for future generations of Bahamians.
Finally, all future environmental legislations presented to the House of Assembly should contain a “private attorney general” provision which will enable any Bahamian citizen to challenge an environmental decision by a public authority to protect the good health of Bahamians and visitors and the ensure a clean environment.
• Alfred Sears is an attorney, a former member of Parliament and a former attorney general of The Bahamas.
Oct 11, 2012
thenassauguardian
Tuesday, February 23, 2010
Perry Christie - Progressive Liberal Party (PLP) Leader satisfied Ryan Pinder was qualified to run in the Elizabeth by-election
Progressive Liberal Party Leader Perry Christie said yesterday he is satisfied that Ryan Pinder did what he needed to do in order to be qualified to offer himself in the Elizabeth by-election last Tuesday and challenged the Free National Movement to prove otherwise in court.
Christie was responding to Prime Minister Hubert Ingraham's announcement that the Free National Movement will raise the question of whether Pinder was in fact qualified in the first place to run as a candidate in the recent poll.
"For the prime minister to raise that issue tells me that he knows that we are going to win that Election Court case," said Christie during a news conference at the PLP's headquarters.
"I'm comforted by the fact that by raising that question, Ingraham knows that. At all material times the prime minister must be aware of the fact that not only he has intelligence; that we understand the issues that affect our candidate and we accept the assurance that [he is a] Bahamian citizen and otherwise fully qualified to offer himself for the by-election for Elizabeth. So when Ryan Pinder went forth, we were satisfied on the basis of all assurances that he was qualified — a qualified candidate to be elected and serve in the Elizabeth constituency."
Christie added: "Now since the prime minister wants to raise it, I just want to go on the principle of law: He who asserts must prove and we leave it to him to make his application and to present his proof."
The Progressive Liberal Party has announced its intention to go to court for the court to decide on five protest votes cast in Pinder's favor during last week's by-election in Elizabeth. The two-day recounted ended with Pinder receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
No winner has been certified, however, as the five PLP protest votes could still impact the outcome of the race, should the court rule them to be valid.
During his party's news conference on Sunday, Ingraham said the FNM would raise the issue of Pinder's qualifications as a preliminary matter.
"When we go to court we will have Duane Sands' passport; we'll say he's a Bahamian," Ingraham said. "We'll say he has never held any other citizenship at any other time. And we will call upon them to show Mr. Ryan Pinder's American passport, to show us where it was marked canceled by the Americans before the nomination day."
Ingraham noted that there is nothing wrong with Bahamian citizens who possess citizenship of another country to run for office in The Bahamas. However, the prime minister added that someone who takes advantage of his citizenship of another country — by voting, working and benefiting from special university rates — is a different story altogether.
"If you've done that, then you need to get rid of that citizenship before you nominate and certainly before you are elected," he said.
February 23, 2010
thenassauguardian
Tuesday, February 16, 2010
Ryan Pinder lashed on citizenship issue
Although Progressive Liberal Party candidate for Elizabeth Ryan Pinder has announced that he has renounced his citizenship in the United States, a search of Florida voters yesterday still lists him as eligible to vote in that country.
Pinder is listed as a resident of Plantation, Florida.
Minister of National Security Tommy Turnquest raised the issue of Pinder's citizenship last night, when he addressed the final Free National Movement rally ahead of today's by-election in Elizabeth.
"Now that the heat is on, Mr. Pinder is saying that he has renounced his U.S. citizenship," Turnquest said.
"...I have nothing against Americans; I just don't want them to run The Bahamas."
Turnquest said Pinder's mother, wife and children are all still American citizens.
Pinder voted in Broward County, Florida, by absentee ballot in the November 4, 2008 general election and municipal elections, he said.
Turnquest noted that Pinder requested an absentee ballot on August 26, 2008; the ballot was mailed to him at 11841 Tara Drive, Plantation, Fla, 33325 on September 26, 2008, and he returned the completed ballot on October 30, 2008.
For the March 10, 2009 municipal general elections in Broward County, less than one year ago, Pinder requested an absentee ballot on February 13, 2009 and the ballot was mailed to him at his Plantation address on February 24, 2009, Turnquest told the crowd.
"If he was interested only in The Bahamas why is he voting in the United States of America?" Turnquest asked.
"In fact, Leo Ryan Pinder only registered in The Bahamas for the very first time in his life in October 2008.
He has never voted in The Bahamas before; not in 1997 when he was 22 years old; not in 2002, nor in 2007. He is now 35 years old and he has never voted in The Bahamas. He has only voted where he is a citizen and where he was interested in the affairs of that country. He has only voted in the USA and never in The Bahamas. Is this someone you want to try Elizabeth?"
Last night, Pinder told The Nassau Guardian that the reason why his name still appears on the U.S. voter register is that that register is only updated during election time.
"My U.S. citizenship is not an issue and renunciation is not an issue in this campaign," Pinder said. "I am focused on the good people of Elizabeth, addressing their issues and concerns as the representative and I will not be brought down into the personal attacks that the Free National Movement has found themselves involved in."
Asked whether it is true that he has never voted in an election in The Bahamas, Pinder said, "I am a registered voter in the Clifton constituency."
Pressed repeatedly on the matter, the PLP candidate said, "I did not reside in The Bahamas and it would have been illegal for me to vote in The Bahamas having not resided in The Bahamas."
Prime Minister Hubert Ingraham also raised the citizenship issue when he addressed the FNM rally last night.
He said that in electing the FNM's candidate Dr. Duane Sands to Parliament, voters need not have any concern that he is not qualified to be an MP.
"An essential qualification to be an MP is that you must be a citizen of The Bahamas, and you must be that on the day you nominate for a seat, and on the day of your election to Parliament," Ingraham said.
Pinder told The Guardian that he renounced his U.S. citizenship prior to nominating, but he insisted it was not done for political reasons.
"It was completely voluntary," he said.
Asked whether the PLP asked Pinder to give up his U.S. citizenship, one senior PLP official told The Guardian that the party's candidate's committee asked Pinder to do "certain things" but he did not go further, saying the party's hierarchy had committed to keeping its discussions private.
Last night Ingraham told supporters, "Dr. Sands is a Bahamian citizen. Since the day of Independence he has been a citizen of The Bahamas. He is not now and has never been a citizen of any other country. He has no citizenship to renounce. He has only one loyalty. That is to our flag. He registered and votes in Bahamian elections, been doing so since he was 20 years old."
The prime minister said Elizabeth voters will decide today whether they want an MP who will be a part of the decision-making apparatus and structure of the FNM government or have an MP who would be in opposition.
"The choice for tomorrow is clear," he said. "I await your judgment."
February 16, 2010
thenassauguardian
Thursday, March 23, 2006
The Constitutional Commission: The Bahamas should be a Democratic Parliamentary Republic with the Head of State being The President
The Constitutional Commission Recommends that The English Monarch no Longer Be Head of State of The Bahamas and The Office of The Governor General Be Abolished
Abolish Governor General
By Candia Dames
Nassau, The Bahamas
23 March 2006
Saying that the time has come for a Bahamian head of state to be elected by both Houses of Parliament, the Constitutional Commission is recommending that the English monarch no longer be head of state of The Bahamas and the office of the governor general be abolished.
The Commission also says in its preliminary report presented to Prime Minister Perry Christie at his Cable Beach office on Wednesday that The Bahamas should be a democratic parliamentary republic with the head of state being the president.
"Executive powers shall continue to be exercised by the cabinet with the head of government being the prime minister," the report recommends.
It also says the head of state should be a citizen of The Bahamas.
The Commission found it "curious" that there is no requirement for the holder of the office of governor general to be a citizen of The Bahamas.
"Because of the method of appointment of the governor general, it hardly seems logical that the person appointed to this office would be a non-Bahamian," the report says. "To remove all doubt it should be declared that the governor general or head of state be a Bahamian citizen."
The report says it is apparent that the position of head of state of The Bahamas is not seen in reality to be the Queen of Great Britain, who constitutionally is also the Queen of The Bahamas.
It adds, "People appear not to be troubled by the concept and are apparently satisfied to regard the governor general, although wrongly, to be the head of state of The Bahamas. The reaction to the proposition that the queen is constitutionally queen of The Bahamas was usually met with silence."
The Commission notes on page 12 of its preliminary report that the abolition of the English monarch as head of state of the Bahamas is part of the evolutionary process toward a truly peoples government, not one of the Queen’s dominions, but part of the Commonwealth.
The report says, "The Commission would wish the Bahamian people to focus on whether the position of a foreign monarch and one that is shared with many other countries, is reconcilable with the founding provisions which state The Bahamas shall be a ‘sovereign’ democratic state.
"We cannot on the one hand assert ourselves as a sovereign country and a free and independent actor in international affairs while relying on the legal fiction of ‘Her Majesty in Parliament’ and ‘Her Majesty’s Government’ in the ‘speech from the throne’ to give legitimacy to our government."
Additionally, the report says it is conceded that in an increasingly interdependent world the concept of sovereignty as it denotes a self-sufficient national territory is waning; sovereignty must denote an independent legal entity, where some supreme body has virtually unlimited capacity to make laws.
It notes that although the existence and validity and rules in the country’s legal system are determined by reference to a written constitution, those laws still require the participation of the ‘Queen in Parliament’ to be properly enacted.
"This is inconsistent with being a completely independent legal entity," the report says.
The report reveals that during its consultations on every inhabited Bahamian island, except three cays in the Exumas, there were mixed feelings about the retention of the Queen of England as Queen of The Bahamas and head of state of The Bahamas.
It notes that there was a significant number of persons who expressed no opinion on the institution of monarchy; there were others who were of the opinion that the status quo should remain, while others were of the view that this link to the British Monarchy was inconsistent with Bahamian independence and sovereignty and should be severed while preserving membership with the Commonwealth of which queen is symbolic head.
The Commission recommends that the provision of the Constitution that permits the chief justice and the president of the senate to serve as acting head of state should be removed to avoid a conflict of interest.
Deputies should be appointed from among eminent citizens to fill any vacancies of that office, the report says.
Friday, February 20, 2004
Edison Key Says That He Would Not Rescind His Letter of Resignation from The Progressive Liberal Party (PLP)
There is no way in the world that I can go back on my decision of my resignation from the Progressive Liberal Party - PLP; and therefore it is final, says Edison Key
Edison Key: "It is finished."
Key Shakes Up PLP
By Candia Dames
Nassau, The Bahamas
20/02/2004
Former Progressive Liberal Party Senator Edison Key revealed to the Bahama Journal last night that two government ministers asked him to rescind his letter of resignation, but he said there is no way on earth that will ever happen.
Mr. Key also said that he hopes that his resignation sent a strong message to the party that it needed to get its act together.
"I hope it will be a wake up call for the leadership in the party," he said. "And I hope that it will only cause the support out there to grow stronger and [create] unity within the rank and file of the party."
He said he met with Works and Utilities Minister Bradley Roberts, Foreign Affairs Minister Fred Mitchell and the Member of Parliament for Cat Island, Rum Cay and San Salvador Philip "Brave" Davis, Wednesday night who asked him to think twice about the decision he had made.
Mr. Key said these men are people whom he respects highly, but he said after a "frank talk we came to the final conclusion that my decision is final."
"Progressive Liberal Party and, therefore, we agreed that I need to submit an official resignation to the president of the Senate, which I will do very shortly and it will be official," he said. "In the meantime, I guess you could call me Senator."
Mr. Key spoke to the Journal about a meeting he had with Prime Minister Perry Christie in Nassau Thursday morning at which time he said he personally delivered a copy of his letter of resignation, which he was considering making public to the media. He said he presented the letter in front of three Cabinet Ministers.
Mr. Key added he was "a little bit angry" that the prime minister did not get the original letter more than a month ago.
Mr. Key also said his letter outlined the manner in which he was treated since becoming a Senator under the re-incarnated PLP government.
He said he made it clear to Mr. Christie that he respected the office of Prime Minister, even though he criticized the country's leader earlier this week for lack of direction and poor leadership.
"The office of Prime Minister to me is an office that I respect next to the office of God," Mr. Key said. "I am a Bahamian citizen. I have nowhere to go and if we can't respect the person who holds the office, that's one thing, but the office of Prime Minister should be there to protect every single Bahamian for justice and right.
"I hope that prime ministers now and in the future will recognize the important role that they have to play as the leader of our country."
He said his meeting with the prime minister went "very well."
But he said, "I told him how I had tremendous hopes during the campaign and up until a few months after the election. I told him how disappointed and hurt I am about the way I have been treated. I told him this thing goes deep to my soul and there is no way in the world that I can go back on my decision of my resignation and therefore it is final.
"It is finished."
Mr. Key said he and the prime minister "parted on a very good note."
When asked if he thought his resignation hurt the party, he said, "I certainly hope not."
"I never had any intension to hurt the party. That is not my intension. I hope that it will only make them stronger and bring the people together in one accord and not divide it like it is today because it looks like we are becoming further and further apart."
Mr. Key added, "The decision I made was for Edison Key. Other people will decide what they want to do."
"I've given 30-something years to this party and I'm still very much alive," he said.
Mr. Key added that he did not feel that he needed to attend a PLP council meeting held Thursday night because he didn't think Members of Parliament and party officers would speak freely if he were present.