Constitutional reform, pt.3: ... ...The need for constitutional reform is most dramatically illustrated in the constitutional provisions dealing with citizenship

Constitutional reform, pt.3

Alfred Sears

The need for constitutional reform is most dramatically illustrated in the constitutional provisions dealing with citizenship.  Women are treated less favorably than men and, in practice; perhaps thousands of children born in The Bahamas of undocumented Haitian parents are denied their constitutional entitlement to citizenship under Article 7 of the Constitution.  The result is that these children are reduced to a condition of statelessness and marginalization, while foreign investors can purchase the predicate for citizenship, permanent residency, by investing a minimum of $500,000 or purchase a residence in The Bahamas for $1.5 million for accelerated consideration for permanent residency status.

Further, thousands of immigrants, primarily Haitian nationals, who have lived and worked in The Bahamas for decades, with Bahamian-born children, strong social and community ties in The Bahamas are denied a permanent legal status.  Why is it that the public policy of The Bahamas permits a foreign investor, with no permanent link to The Bahamas, to purchase permanent residency in The Bahamas for a minimum investment of $500,000, while an immigrant worker who gives decades of dedicated labor, with committed family ties in and contribution to the development of Bahamian civil society finds it difficult to secure permanent residency or citizenship?  Is it a question of race and class?  Why do we discriminate against immigrants from our sister Caribbean countries who give their labor for our development and often establish strong anchorage in and permanent links to our society, while we favor the foreign investor primarily from the United States or Europe who often is only here for the comparative advantage of trade and commerce?

 

Nationality and international law

The concept of national sovereignty is defined, in part, by control by a nation state over its territory, resources and people.  Membership in a political community or nation state is known as one’s nationality.  The citizen of a nation state gives her or his loyalty to the state in exchange for the diplomatic and other protections that the state affords all its nationals or citizens.  Under international law, states use certain principles to determine how one becomes a citizen of the state.  The three principles of nationality are:  Jus soli – where the place of birth determines nationality;  jus sanguinis – where the nationality of a child follows that of one or both parents, irrespective of the place of birth of the child; and naturalization – where one voluntarily assumes the nationality of another country.

Since World War II and the Nuremberg Trials, there has emerged a global bill of human rights, which imposes an obligation upon all states to treat aliens and citizens in a non-discriminatory manner.  The individual is now a proper subject of international law.

In the Nottenbohm Case (1955) 1 CJ 22, the International Court of Justice established a set of criteria for establishing nationality using the principle of the “genuine link” between the immigrant and the host country, using factors such as habitual residence of the individual concerned in the host country where the host country is the center of immigrant’s interest, the existence of family ties, participation in public life and attachment shown by the individual for the host country and inculcation of such attachment in her or his children.  By this set of criteria, many of the Haitian nationals in The Bahamas may have a claim for nationality in The Bahamas.

Professor Ian Brownlie describes this concept of the genuine link as “prima facie the effective nationality of the host state.”  Many of the Haitian immigrants in The Bahamas may qualify for Bahamian citizenship, pursuant to the Nottenbohm criteria, by their habitual residence in The Bahamas, The Bahamas is the center of their economic and social interests, their Bahamian spouses, Bahamian born children and their engagement in Bahamian civil society, such as active membership in churches.  While we must effectively police our borders to stop the flow of illegal immigration, the regularization of those immigrants with a genuine link to The Bahamas should be given the priority to ensure compliance with the Constitution and international humanitarian law.

 

Nationality by birth, descent, marriage and naturalization

The Constitution of The Bahamas, Chapter II, uses the three principles of jus soli, jus sanguinis and naturalization in relation to citizenship.

Under Article 3, every person, who had been born in the former Colony of the Bahama Islands and was a citizen of the United Kingdom or if his or her father would have become a citizen of The Bahamas or was a citizen of the United Kingdom by virtue of his or her having been registered in the former Colony of the Bahama Islands under the British Nationality Act, became a citizen of The Bahamas on July 10, 1973.

Under Article 4, with limited exceptions, every person who had previously been naturalized under the British Nationality Act in the former Colony of the Bahama Islands became a citizen of The Bahamas on July 9, 1973.

Article 5 of the Constitution entitles a woman to citizenship who, on the July 9, 1973 is or has been married to a citizen by virtue of Article 3 or whose husband died before July 10, 1973 but would, but for his death, have become a citizen of The Bahamas, provided that she applies, takes the oath of allegiance and renounces her previous citizenship.

Every person born in The Bahamas after July 9, 1973, under Article 6, shall become a citizen of The Bahamas at the date of her or his birth if at that date either of her or his parents is a citizen of The Bahamas.

Under Article 7, a person born in The Bahamas after July 9, 1973 neither of whose parents is a citizen of The Bahamas shall be entitled, upon making application on her or his attaining the age of 18 years within 12 months thereafter in such manner as may be prescribed, to be registered as a citizen of The Bahamas provided her or his previous nationality is renounced, she or he takes the oath of allegiance and declares an intention to reside in The Bahamas.

It is under this provision that the children of undocumented Haitian nationals are guaranteed Bahamian nationality.  The United States Supreme Court in the case Pyler v. Doe (1981) 457 U.S. 223 invalidated a discriminatory law adopted by the Texas legislature which had withheld funds from local school districts that enrolled children who were not legally admitted into the United States.  Justice Powell wrote: “The classification at issue deprives a group of children of the opportunity for education afforded all other children simply because they have been assigned a legal status due to a violation of law by their parents.  These children thus have been singled out for a lifelong penalty and stigma.  A legislative classification that threatens the creation of an underclass of future citizens and residents cannot be reconciled with one of the fundamental purposes of the Fourteenth Amendment... But it can hardly be argued rationally that anyone benefits from the creation within our borders of a subclass of illiterate persons many of whom will remain in the state, adding to the problems and cost of both state and national governments attendant upon unemployment, welfare and crime.”

However, in The Bahamas, in spite of the clear constitutional entitlement under Article 7, there are hundreds and perhaps thousands of young persons who have applied to be registered as Bahamian citizens under this category and have not been registered as citizens of The Bahamas.  The problem, in part, is the absence of clear policy guidelines for the processing of these applications.  Therefore, the Passport Office and the Department of Immigration lack the proper procedural directives and adequate resources to enable these agencies to process these applications in a prompt and efficient manner.  This ambivalence by the Bahamian public policy towards the treatment of the children of Haitian immigrants is to be contrasted with the clear National Investment Policy with respect to granting of accelerated consideration for permanent residency to foreign investors and foreign purchasers of a second residence in The Bahamas.

 

Discrimination against Bahamian women

The discriminatory treatment of Bahamian women is reflected in Articles 8 and 9 in particular.  Under Article 8, a child born outside of The Bahamas after July 9, 1973 to a Bahamian father, inside of a marriage, shall become a Bahamian citizen automatically at the date of birth.  Whereas, under Article 9, a child born outside of The Bahamas after July 9, 1973, to a Bahamian mother married to a non-Bahamian father, is not automatically a Bahamian citizen at birth.  To become a Bahamian citizen, such a person must:

1) Make application upon attaining the age of 18 years and before the age of 21 years to be registered as a citizen of The Bahamas;

2) Renounce or make a declaration with respect to any other citizenship;

3) Take the oath of allegiance to The Bahamas;

4) Make and register a declaration of her/his intention to reside in The Bahamas; and

5) Have been born legitimately.

Even after fulfilling these five requirements, such a person can still be denied citizenship on the bases of national security or public policy.  These disabilities on a child born outside of The Bahamas to a Bahamian woman married to a non-Bahamian husband constitutes invidious discrimination, when automatic citizenship is conferred at birth upon the child born outside of The Bahamas to a Bahamian father married to a non-Bahamian spouse.

Further, Bahamian women are treated less favorably than Bahamian men in granting Bahamian citizenship to their respective spouses.  Under Article 10 of the constitution, any women who marries a person who wishes to become a Bahamian citizen after July 9, 1973 shall be entitled to be registered as a Bahamian citizen, provided she makes an application, takes the oath of allegiance or makes a declaration and that there is no objection on the bases of national security or public policy.  No such requirement is demanded of foreign spouses of Bahamian men.

Under Article 11, the governor general may deprive a person of Bahamian citizenship if the governor general is satisfied that any citizen of The Bahamas has at any time after July 9, 1973 acquired the citizenship of another country or voluntarily claimed or exercised rights in another country which are exclusively reserved for the citizens of that country.

 

• Alfred Sears is an attorney, a former member of Parliament and a former attorney general of The Bahamas.  Next week will focus on the recommendations for these parts of the constitution.

Aug 30, 2012

thenassauguardian

....no license should be given to anyone who wants to trade cash for gold ...cash for silver or cash for copper ...or cash for any other precious metal... ...Cash for gold operations encompass avenues for disposing of stolen jewelry ...and the government must revoke all such ‘licenses’

Gold, Cash and Human Bloodshed


The Bahama Journal Editorial



We believe that no license should be given to anyone who wants to trade cash for gold; cash for silver or cash for copper; or cash for any other precious metal.

All such sales should be banned. There are times in life when those who would rip others off do their thing in plain sight of the Law. Today we have a situation on our collective hands where people in the community do most assuredly believe that thugs out there are ripping people off; stealing jewelry and other valuables from them – and who sell this stolen stuff to hard men and women who ask no questions; proffer a fistful of dollars; disappear the chain or ring in question – and laugh as they traipse their way to the bank of their choice. And so it goes, Cash for both Gold and human blood-shed! This is devilishly wrong.

Today we recite the fact which tells us that new information coming in confirms Ernest Hepburn is this blighted land’s eighty-first murder victim for this quite bloody year. That same new information suggests that this sixty one year old man was shot dead by two thugs interested in taking possession of the gold chain he wore around his neck.

Even now, there is wide-spread speculation concerning a possible connection between the chain theft, the gun-fire and this man’s death. A team of officers from the South Central (Grove) Division executed a number of search warrants between 2:00 p.m. and 5:00 p.m. last Thursday and retrieved an assortment of chains, bracelets and even gold and silver dinnerware like spoons and forks.

According to Mr. Wilson, many victims of theft reported that they were in the Coconut Grove and Robinson Road areas when they were confronted by teens who snatched their items and fled to the Florida Court and Key West Street areas. “What we expect from operators of Cash-for-Gold is just due process,” he said. “If someone comes to you with a chain or something that has popped, we expect common sense to kick in. If the chain is worth about $3,000 and they will accept just $300 for it, please let your common sense prevail and assist.” He is now inviting anyone who has had items stolen items to visit the Grove Station to identify and claim the items. “Please bring proof or [let us know] if you are able to confirm any special markings on your stolen items,” he added. “Let me make it abundantly clear, one will only be allowed viewing if you made a complaint with a police station or department and your data is lodged within our computer records.”

According to Superintendent Wilson, these Cash-for-Gold businesses are also popping up at residential homes that operate by appointment only and offer private one-on-one sessions. We surely believe that there is just such a bloody connection between these cash-for-gold business and some of the thefts that routinely take place on our streets; from some of the houses where some of these thieves work – and especially those grab and heist jobs done by feral Black unemployed youth. And there are all those other men and women who can and do make less than ten cents per pound for other so-called scrap metal. What makes this kind of stuff so very interesting is the extent to which some of these criminals are allowed to get away with any number of crimes against the person and against property. Of course, there are also occasions when the police do rouse themselves and do get on with doing work that matters. As we recently reported,

“…A recent crackdown of six ‘Cash-for-Gold’ establishments in the Englerston area has uncovered thousands of dollars in stolen gold and silver jewelry…” We can also report that, “…Officer-in-Charge of the South Central (Grove) Division Superintendent Philip Don Wilson said some of the operators melt down the gold items within the hour of purchasing them so that police cannot see them…” Mr. Wilson also said police would have an easier time detecting and arresting perpetrators if the owners of these establishments would assist the authorities. All of this aside, we agree with Paul Thompson – former senior man on the Royal Bahamas Police Force – when he concludes that, the cash for gold operations encompass avenues for disposing of stolen jewelry and that the government must revoke all such ‘licenses’. This trade – as Thompson also suggests – encourages criminal activity, e.g. burglaries, housebreakings, armed robberies and stealing from the person. Decent, law-abiding citizens – inclusive of our law-makers- should have no part in this destruction.

30 August, 2012

The Bahama Journal Editorial

Caribbean Blog International

Haitians should be excited at the turnaround in their country - Haiti... ...Rather than risking their lives on a dangerous passage for an uncertain future in The Bahamas with its own problems, Haitians should look to be part of what appears to be a sustained period of growth in Haiti... which we are all cheering for

Haitians in The Bahamas must help with smuggling problem

thenassauguardian editorial

Based on eyewitness testimony it appears that Haitians died in the journey that ended near Mangrove Cay, Andros on Saturday.  A man who identified himself as the captain of a Haitian sloop that ran aground in the area told authorities that four passengers jumped ship at the start of the voyage and 12 others drowned at some point during their seven-day journey, Minister of Foreign Affairs and Immigration Fred Mitchell said Monday.  No bodies were recovered and search and rescue efforts were suspended.

There is no proof to support the claim by the captain, but it is common for Haitians to die in these smuggling operations.  Eleven Haitians drowned in June in Abaco in a smuggling operation.

Haiti is the poorest country in the hemisphere.  It was also devastated by an earthquake in 2010 that killed more than 200,000 people.  Many of its people live in desperate circumstances and want to leave.

Many Haitians have historically thought of The Bahamas as a relative land of opportunity to escape to.  They assumed more jobs existed here compared to Haiti.  The Bahamas was thought of as less violent.

The Bahamas of today, though, is not as it was 15 years ago.  The unemployment rate was last measured here at just under 16 percent.  We have had four murder records in five years.

Despite Haiti’s historical problems, a turnaround is underway.  Many Bahamians are not aware of this.  According to the International Monetary Fund (IMF), Haiti’s economy grew by 5.6 percent in 2011 and it is projected to grow by 7.8 percent in 2012 and 6.9 percent in 2013.

This is good news for Haiti.  This is good news for The Bahamas.  Haitians who live here should inform their brothers and sisters at home that The Bahamas is struggling with its own economic problems since the financial crisis of 2008.  Jobs are not plentiful as they were in the boom days of the late 1990s.  Coming here is no guarantee of a peaceful or prosperous life.

Bahamian inner cities have become increasingly violent in recent years.  Successive governments have fought to reduce the high crime rate in New Providence, but no permanent solutions have been arrived at thus far.

Haitians should be excited at the turnaround in their country.  Rather than risking their lives on a dangerous passage for an uncertain future in a country with its own problems, Haitians should look to be part of what appears to be a sustained period of growth in a country we are all cheering for.

Countries become great when their citizens make them great.  Haitians can make Haiti great again.

August 29, 2012

thenassauguardian editorial

Caribbean Blog International

Belinda Wilson - President - Bahamas Union of Teachers (BUT) supports the government’s school policing programme ...saying that the presence of officers on school grounds will aid in conflict resolution and combat instances of students carrying dangerous weapons

Union Chief Backs Programme

By DANA SMITH

Tribune Staff Reporter

dsmith@tribunemedia.net

BAHAMAS Union of Teachers president Belinda Wilson voiced her support of the government’s school policing programme, saying the presence of officers on school grounds will aid in conflict resolution and combat instances of students carrying dangerous weapons.

“Our executive committee, we have discussed this and we are pleased to partner with the Ministry of Education, the Ministry of National Security, and more particularly with the Commissioner (of Police Ellison Greenslade),” Ms Wilson said at a press conference at Police Headquarters for the unveiling of the programme.

“I want to also note the Commissioner tried very hard last year to have this initiative developed because we had a meeting and we agreed that the police officers will assist, and they did, so I’m happy now to see that the programme is going to be expanded.”

Ms Wilson said she wants to stress that stationing officers in schools will aid administrators and security guards already present in resolving disagreements and gathering “intelligence”.

“The police are not only going to be there for crimes, but based on the information that I have, they will be there to help with conflict resolution. They will be able to identify some of the problems, prior to the problems happening,” she said.

“You will have intelligence on the ground in the school. When you talk about a cutlass-wielding child, when you talk about the child that was in an altercation over the weekend and gets to school early on Monday and stashes a gun, a knife, a dagger, a cutlass – that’s not the teacher’s job.”

Asked if teachers are seeing such scenarios presently, Ms Wilson said: “Yes we are. That isn’t anything new – we’ve been seeing it. So we’re saying now if the police are there and they’re able to complement the security officers then that should really be able to cut down on the incidents that we’ve seen, so we’re happy about it.”

Education Minister Jerome Fitzgerald announced last week officers will be stationed in schools across the islands come the start of the new term in September.

He said the programme would in no way diminish or make obsolete the authority and responsibility of administrators, teachers and security officers. Rather the officers would complement the disciplinary programmes and strategies already in place.

August 28, 2012

Tribune242 

Caribbean Blog International

...the introduction of the school-based policing programme is part of the government’s efforts to “break the back of crime and violence ...and to create a safer Bahamas

School-Based Policing Launched



By Sasha Lightbourne
Jones Bahamas

In just under a week, thousands of students will head back to public schools throughout the country and when they return they will meet police officers on campus who will be assisting their school administrators with overall operations at the school.

The school-based policing programme, which is a component of Urban Renewal 2.0, was launched on Friday at the Paul Farquharson Conference Centre.

Minister of Education Jerome Fitzgerald said the introduction of the programme is part of the government’s efforts to “break the back of crime and violence and to create a safer Bahamas.”

“The school-based police officers will be responsible for developing positive relationships with members of the school organisation, establish protocol for the prevention and investigation of all school related occurrences of violence and criminal activities in the schools,” he said.

“This initiative will ensure that the environment in our schools is conducive to learning. Through this initiative we have strengthened the partnership between the Minister of Education and the Ministry for National Security to re-assign police officers in the schools. In the schools they will be called school-based policing officers.”

Commissioner of Police Ellison Greenslade could not, however, give a direct number for how many police will be involved in the programme.

“All members of the police force are part of the programme,” he explained.

“We have selected distinct officers who will be assigned to each school on a daily basis. Some schools will have three, some will have more than three and some will have two however every single police officer is going to be attuned to what’s happening come the opening of school.”

Bahamas Union of Teachers (BUT) President Belinda Wilson also welcomed the new addition of personnel for the new school year.

“We are pleased to partner with both ministries,” she told reporters.

“I want to also note that the commissioner tried very hard last year to have this initiative because we had a meeting and we agreed that the police officers would assist which they did but we are happy to see that the programme is being developed and is back.”

Minister Fitzgerald also explained that that school-based policing is expected to compliment the disciplinary programmes and strategies that already exist in the schools.

“These disciplinary procedures are clearly articulated in the Department of Education Safe School manual which outlines the expectation of students’ behaviour and consequences for misbehaviour. This manual also outlines the responsibilities of administrators and teachers.”

The minister said the manual can be found on www.bahamaseducation.com.

“An inspector will have direct responsibility for the assignment of officers within each division,” Minister Fitzgerald.

“The school-based police officer will have a reporting relationship with the inspector of his division and the principal of the relevant school. “

A training workshop will be held this week at the police conference centre for two days for the officers, school administrators, guidance counselors, attendance officers, security officers and school psychologists.”

The officers will be in the schools as of September 3.

August 27, 2012

The Bahama Journal

Caribbean Blog International

The trade union movement in The Bahamas and, indeed, the wider Caribbean region, has directly benefitted from the contributions of Leroy ‘Duke’ Hanna ...and the Bahamian labor force is in an enhanced position because of the role that Duke played

Remembering a trade unionist

Dear Editor:

 

It is with profound sorrow and regret that the National Congress of Trade Unions Bahamas (NCTUB) learned of the passing of Leroy ‘Duke’ Hanna, the founding president of the NCTUB, past president of the Bahamas Musicians & Entertainers Union (BMEU), former senator and a champion of the trade union movement in the Commonwealth of The Bahamas.

The trade union movement in The Bahamas and, indeed, the wider Caribbean region, has directly benefitted from the contributions of Leroy ‘Duke’ Hanna and the Bahamian labor force is in an enhanced position because of the role that Duke played.  His contributions to the growth and development of the people of The Bahamas will forever be etched in the hearts and minds of all trade unionists and should be recorded in history of our nation.

From the 1950s, Duke walked alongside the heroes of the modern trade union movement, including the late Sir Clifford in the 1958 General Strike, the late Sir Randol Fawkes in the fight for majority rule and independence, the late Patrick Bain with regards to the integration of the Caribbean Trade Union Movement and the establishment and operation of the NCTUB Labour College. Leroy ‘Duke’ Hanna was in the forefront of the social revolution in our country and his legacy will forever remain burning in the hearts of trade unionists for decades.

Sister Jennifer Isaacs-Dotson, along with her executive board, affiliates and the entire membership of the National Congress of Trade Unions of the Bahamas, extends heartfelt condolences to Duke’s wife Joan, his children and grandchildren, and his extended family, on this sad occasion.  We also wish to express our sincere sympathy to officers and members of the Bahamas Musicians & Entertainers Union as they grieve his passing.  We are mindful of the pain associated with the loss of a loved one and we are comforted with the knowledge that his living was not in vain.

It is our hope that the Almighty God keeps each of you strong as you face the difficult days, weeks, months and years ahead.  Rest assured that the officers and members of the National Congress of Trade Unions Bahamas will remember you and your family in prayer.

The trade union movement has lost a great champion and our nation has indeed lost another soldier.  Duke has fought a good fight, he has finished his course, and he has kept the faith.

May his soul rest in peace.

 

– Jennifer Isaacs-Dotson

Aug 23, 2012

thenassauguardian

Caribbean Blog International

Constitutional reform, pt. 2: ... ...The preamble of the Bahamian constitution, I submit, has a number of weaknesses... ...First, there is no reference to the historical fact of 300 years of slavery of African people in The Bahamas ...or the genocide of the Lucayan/Arawak people by the European presence ...two critical aspects of the historical evolution of the Bahamian polity and society... ...Second, the preamble mischaracterizes the incorporation and colonization of The Bahamas into the triangular slave trade, initiated by and for the benefit of Europe, as: “...rediscovery of this family of islands, rocks and cays heralded the rebirth of the New World.”

Constitutional reform, pt. 2

By Alfred Sears

The preamble of a constitution is supposed to state the most basic principles and aspirations of a nation state.  It provides those guiding principles after which a people in a democratic state will strive to realize through their collective endeavors.  The purpose of the preamble is to underscore a sense of national identity and to express the core values and principles of the state and the people.  It must therefore be refreshed from time to time to reflect the evolving expectations and aspirations of the state and people.

The Bahamas Constitution is introduced by a preamble, which asserts that the rediscovery of the Bahamian islands, rocks and cays heralded the rebirth of the new world.  It continues that the people of The Bahamas recognize that the preservation of their freedom will be guaranteed by a commitment to self-discipline, industry, loyalty, unity and an abiding respect for Christian values and the rule of law.

The preamble then declares that the people of The Bahamas are a sovereign nation founded on principles, which recognize the sovereignty of God and faith in the fundamental human rights, and freedoms, based on moral and spiritual values, in the following words: “We the inheritors of and successors to this family of islands, recognizing the supremacy of God and believing in the fundamental rights and freedoms of the individual, do hereby proclaim in solemn praise the establishment of a free and democratic sovereign nation founded on spiritual values and in which no man, woman or child shall ever be slave or bondsman to anyone or their labor exploited or their lives frustrated by deprivation, and do hereby provide by these articles for the indivisible unity and creation under God of the Commonwealth of The Bahamas.”

The preamble of the Bahamian constitution, I submit, has a number of weaknesses.  First, there is no reference to the historical fact of 300 years of slavery of African people in The Bahamas, or the genocide of the Lucayan/Arawak people by the European presence, two critical aspects of the historical evolution of the Bahamian polity and society.  Second, the preamble mischaracterizes the incorporation and colonization of The Bahamas into the triangular slave trade, initiated by and for the benefit of Europe, as  “...rediscovery of this family of islands, rocks and cays heralded the rebirth of the New World.”

Unlike in 1973 when the constitution was founded, The Bahamas today is more of a multi-religious society with, inter alia, Muslims, Bahaʾis, Buddhists, Rastafarians, etc.  Therefore, the preamble of our constitution, as a historical and aspirational statement, should elaborate upon the inclusive term of “spiritual values” to better reflect the spirit and thinking of all of our people and the common identity and values of all Bahamians.  Therefore, historical accuracy and the norm of non-discrimination and inclusiveness should be the guiding principles of a revised preamble of the Bahamian constitution.

Since 1973, The Bahamas has rapidly evolved into a full-service economy, with a highly urbanized population.  The population is cosmopolitan, multi-racial and multi-ethnic.  The contemporary African-Bahamian population comprises those who are descendants of the slaves who came with or were purchased by the loyalists and settlers, freed Africans, more recent West Indian immigrants and Haitian immigrants.  All of these groups have blended to create the contemporary African-Bahamian population.  The Bahamian population also comprises other ethnic groups such as the descendants of the loyalists, colonial administrators and settlers, and more recent immigrant groups such as the Greeks, Syrians, Chinese, Jews and Lebanese.  All of these groups have made a significant contribution to the development of the modern Bahamas mosaic.  Their descendants have been assimilated into the Bahamian society and reflect the multi-ethnic character of the contemporary Bahamas.  Therefore, the preamble of our constitution should recognize the contributions of all the significant ethnic groups who have shaped our reality.

Proposal

In order to better reflect the ideals and aspirations of our multi-ethnic Bahamian society, I propose that the preamble of the constitution be amended to include the following elements:

a) Affirm our commitment to the continuing observance of the principles of individual freedom and democratic government as our inalienable heritage.

b) Acknowledge that we have been blessed with leaders of vision, with artists, writers, musicians and athletes who have carried the name of our country with honor and glory throughout the world.

c) Salute the founders of the independent state of The Bahamas.

d) Acknowledge the progress which has been made in the post independent Bahamas.

e) Honor the contributions of the Lucayan/Arawaks, settlers, loyalists, Africans in slavery and freed Africans and more recent migrants to the development of The Bahamas and celebrate the survival of the African people in The Bahamas, as part of the African Diaspora, and affirm our relationship to the African continent.

f) Pay special tribute to our national heroes such as Pompey, Sir Milo Butler, Sir Lynden Pindling,  Dame Doris Johnson, Sir Stafford Sands, etc.

g) Pay special tribute to the Suffrage Movement of The Bahamas, namely Mary Ingraham, Mable Walker, Georgianna Symonette, Eugenia Lockhart, Albertha Isaacs, Grace Wilson, Mildred Moxey, Ethel Kemp, Gladys Bailey, Madge Brown and Dr. Doris Johnson.

h) Reaffirm that the sovereignty of the Bahamian people and nation is founded upon principles of the dignity and worth of the human person, fundamental rights and freedoms of the individual, social justice, the fundamental role of the family in a free society based on spiritual values.

i) Rededicate ourselves to the building of a democratic society founded upon respect for moral and spiritual values and upon the rule of law, in which the power of the government springs from the will of the people, legitimated by periodic free, fair and publicly financed elections based on universal adult suffrage.

j) Resolve that the national assets of the nation shall be preserved and used to promote the general welfare by fair access, with a proper regard for ability, integrity and merit.

k) Resolve to provide maximum opportunities for the development of the creative imagination and intellect of all Bahamians, based on entrepreneurship, innovation and employment opportunities under humane and just conditions.

l) Affirm that our Bahamian nationhood is nourished by our roots in the wider spiritual and cultural reality of the Caribbean region, and undertake to seek the closest forms of community with our sisters and brothers in the Caribbean.

m) Commit to cooperate with other nations in the quest for international peace and security and the promotion of universal respect for human rights and freedom.

I suggest that the foregoing statements may better express the current expectations and aspiration of the Bahamian people.  The preamble should be inclusive and affirming of the racial, ethnic, religious and cultural diversity and pluralism, which now make up the Bahamian civil society, and declare aspirations to guide us into the future.

• Alfred Sears is an attorney, a former member of Parliament and a former attorney general of The Bahamas.

Aug 23, 2012

thenassauguardian