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House Statement by Immigration Minister and Member for Fox Hill, Hon. Fred Mitchell

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Communication
By Fred Mitchell MP
Minister for Immigration
House of Assembly
Nassau
9th February 2015

Mr. Speaker,

The press in The Bahamas have published two articles, one by Fred Smith Q C and the other by the Nassau Institute. Both statements published information which should not go unanswered lest the public accept the information therein as true and correct. They purport to describe the law and policies in The Bahamas as it relates to immigration. They go on to make assertions based on their statements of law which are incorrect.

The statements published by Fred Smith Q C on 3rd February in The Tribune and by the Nassau Institute in the Nassau Guardian on 6th February are replete with errors and untruths.

The Nassau Institute claims that the Immigration Department is implementing a revised policy to grant permits and charge fees for children born here to go to school.

That is false. No new fees are being introduced for immigration fees and there is no new policy as it relates to permission for non-nationals to go to school in The Bahamas. The fee remains the 100 dollars processing fee and 25 dollars for the issuance of the permit. The fee and the requirement for such a permit has not changed since the PLP took office in 2012.

The Institute also said: “The Department of Immigration recently raised work permit taxes for expatriate workers ( mainly professionals) to work in the private sector…”

That too is false. No news fees have been introduced for work permits since the PLP came to office in 2012.

The Nassau Institute also said: “ Work permits for foreigners to work for the government are issued without hesitation at the stroke of a pen…”

That too is false. There is no requirement in law for the employees of the government who are non-nationals to have a work permit.

The article also keeps speaking about people born in The Bahamas who they claim are left stateless. Stateless means that the children have no citizenship. With regard to the children of Haitians, the Haitian government has indicated that all children of Haitian citizens wherever born are Haitian at birth. So if that claim is being made with regard to those children, that too is false.

The Nassau Institute says that “ the inherent danger is when Immigration laws are subject to the whim of the minister, Fred Mitchell in this instance, instead of impartial law. The unintended consequences might be many as they are varied.”

Mr. Speaker, all laws are administered by some authority. They do not exist and apply themselves without human hands. The decisions of the Minster for Immigration are quasi- judicial and are not exercised according to whim but in accordance with known and established polices. The principle is that work permits are issued only in circumstances where Bahamians are not available for the jobs and the question of whether a Bahamian is or is not available for a job is certified and monitored by the Department of Labour. There is no whim of the Minister exercised in this matter.

Fred Smith Q C wrote the following:

“ [ The Minister] failed to identify any section of the Immigration or Education Act which makes the “ new Visa Rules” under the “ New Immigration Education Policy” lawful.

“The New Rules require children born in The Bahamas of foreign parents to get a student visa. In addition, the new November documentation policy is not sanctioned by any law either.”

With regard to children born to non-Bahamian parents, Mr. Smith wrote: “At 18, they are entitled to receive a Certificate of Registration as a citizen. Before then, they are “Citizens in Waiting”. They are not “stateless” as Fred Mitchell suggests…

Mr. Smith also says of the requirement for a permit to reside for children who are non-national: “The new immigration student visa policy conflicts with the Education Act… Minister Mitchell is acting ultra vires the Immigration Act, the Education Act and the Constitution.”

Mr. Speaker let me first repeat what I said at the Business Outlook Seminar on 29th January:

New rules are going to be introduced. For example, all schools will be asked to be sure that any foreign national in a Bahamian school has a student permit to be in The Bahamas as of the opening of the fall term. The annual permit costs 25 dollars with a 100 dollar processing fee and every non-national should have one, including those born here to non-national parents.

I said nothing about a student visa.

Secondly, I have never ever said or suggested that children born to non- Bahamian parents in The Bahamas are stateless. If Mr. Smith is referring to the children of Haitians born in The Bahamas, the government of Haiti has affirmed that the children of Haitians born anywhere are Haitian at birth so they are not stateless.

There is no such thing in law as a “citizen in waiting”. You are either a citizen or not.

The allegation that the new policies are ultra vires the constitution and the Immigration and Education Acts is false.

The Immigration Act requires all non- nationals in the country to have a landed status. While the constitution does provide a right to apply to be registered as a citizen at age 18 and before the19th birthday to non-nationals born here, it confers no immigration status on them. Because they are not citizens of The Bahamas, they must have an immigration status.

That means their parents should apply for them to get a permit to reside. Permits to reside cost 25 dollars with a processing fee of 100 dollars.

Thousands of children hold them in this country today. This is not a new requirement. That is the existing law and all non-nationals in the country are expected to comply with the law. Most are complying.

The Department has obtained an opinion from the Attorney General’s office on this matter. We have been advised that the policies of the Department are in compliance with the constitution and all applicable laws of The Bahamas.

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Bahamas News

Camp Inclusion tours Nassau Cruise Port

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NASSAU, The Bahamas – Participants of the Ministry of Social Services, Information and Broadcasting’s Camp Inclusion, including the camp’s student advocates, recently toured Nassau Cruise Port in a move designed to produce multiple benefits for the children.

Camp officials said the tour was part of the “moving away” from the old tradition of keeping children with disabilities locked away at home, and towards greater social inclusion for persons with disabilities – especially children.

Facilitated by the Community Affairs Division of the Ministry of Social Services, Information and Broadcasting at the Flamingo Gardens Family Life Centre, the camp is a collaborative effort between the Ministry, its Community Affairs and Disability Affairs Divisions, the Bahamas Coalition of Advocates for Disability Awareness and Service (BaCADAS), and the National Commission for Persons with Disabilities (NCPD). The majority of the Camp Instructors are persons with disabilities.

The Camp is in keeping with the Global Family Day 2024 theme of “Embracing Diversity, Strengthening Families,” and is an extension of the Ministry’s continued efforts to take the lead in ensuring access and inclusion for all — particularly the community of persons with disabilities — in every aspect of society.

Children with different levels and types of disabilities, along with student advocates, participated. Its focus was to ensure that participating youth learn about living with mobility and intellectual disabilities, advocacy, inclusion and accessibility.

Mr. Townsley Roberts, Deputy Executive Secretary of the Secretariat of the National Commission for Persons with Disabilities, said the visit is expected to have a number of expected outcomes.

“It was very important to get the kids out and for them to see parts of the island that they rarely get a chance to experience,” Mr. Roberts said. “It was also an opportunity for them to feel a part of the Bahamian society because many times they are kept at home or just in the classroom (and) so this gives them a chance to spread their wings; an opportunity to dream. You never know, something they saw today can spark their imaginations and some may become artists, want to work in the tourism field or even just to try and experience a cruise. The ability to dream, to feel a part of society, to feel included, is important to the growth of all children, including persons with disabilities.”

Mr. Roberts applauded officials at Nassau Cruise Port for agreeing to the tour, which he said also allowed chaperones to inform the student advocates of some of the aspects that makes a facility accessible and inclusive.

“We are so happy that the Cruise Port allowed us the opportunity to come and tour the facility. As the name of the camp goes, what we are promoting is inclusion — total inclusion in all aspects of Bahamian society including the culture, and the open spaces. We want to make sure that all spaces are accessible and one of the things we know, because we had the opportunity to inspect the cruise port, is that the Port is accessible to persons with disabilities. So why not bring the children – including the student advocates — here as a means of helping them to understand and to witness first-hand what accessibility means and how it, or the lack of accessibility, affects the lives of persons with disabilities.”

Mr. Antoine Munroe, a Camp Instructor and employee of the Disability Affairs Division of the Ministry of Social Services, Information and Broadcasting, said access and inclusion ensures that every person is able to achieve the same outcomes whether in social, educational, or employment settings, and are the best methods of ensuring that persons with disabilities are given the same opportunities to participate in society. He applauded the inclusion of the student advocates in the camp.

“It is a passion of my own to see young people included and exposed to the life of persons with disabilities. Being able to tour the facility gave me an understanding of how I can use my cane to move about with a little assistance and I thought that was very, very smooth. I congratulate those persons who were able to cause this to happen, and also the persons in charge of the Nassau Cruise Port.  I think this is a very good step in the right direction,” Mr. Munroe added.

 

Release: BIS

(BIS Photos/Patrice Johnson)

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Bahamas News

National Commission for Persons with Disabilities gauges ‘accessibility’ at ZNS, BIS as part of ongoing inspection schedule

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NASSAU, The Bahamas – Inspectors attached to the Inspectorate Division of the Secretariat of the National Commission for Persons with Disabilities (NCPD) conducted assessments of the facilities at the Broadcasting Corporation of The Bahamas, and Bahamas Information Services, Tuesday (July 23) as part of their ongoing efforts to ensure that all public facilities, and those private facilities that provide services to members of the public, are accessible for all.

Both entities fall under the remit of the Ministry of Social Services, Information and Broadcasting as does the Secretariat.

The team was headed by Mr. Townsley Roberts, Deputy Executive Secretary, Secretariat of the National Commission for Persons with Disabilities, and included Mr. G. Michael Ellis, Senior Inspector; Mr. Wesley Paul, Inspector; and Mr. Thorne Clarke, Inspector.

Deputy Executive Secretary Roberts said the inspections were two-fold.

“Today we are inspecting ZNS and BIS which are both a part of the Ministry of Social Services, Information and Broadcasting to ensure that they are accessible because it is our belief that we cannot ask the public to do the things required by law without first ensuring that our entities are also in compliance,” Mr. Roberts said.

“People need to understand that accessibility to persons with disabilities is just as important as it is to persons without a disability. We want to be able to go about your day-to-day business without any obstacles in our way.

“What makes us disabled is the built environment, the barriers in front of us. If you remove those barriers, then we can do many of the same things persons without disabilities can do, and sometimes better. So this is what we are about. We are trying to make The Bahamas a place for all persons (and) where it will be comfortable for persons with disabilities to be able to manoeuvre through buildings and other spaces with the same ease and comfort expected by everyone else.”

The inspection team conducted assessments of wheelchair ramps, bathrooms, office spaces, and parking and reception areas, and measured doorway and hallway widths, in addition to other spaces to ensure that the requirements as set out in the Persons with Disabilities (Equal Opportunities) Act, 2014, are met.

Mr. Ellis, who spent 34 years as a member of the Royal Bahamas Police Force before retiring as a Senior Police Officer and who brings that same knowledge of the law to his new role, said the inspections help to ensure that the community of persons with disabilities enjoy the same rights to accessibility as any other citizen.

“Persons with disabilities, including those in wheelchairs, persons with walkers, crutches and those who use other assistive devices such as canes, should be able to move around just like everyone else,” Mr. Ellis said.

“We were looking to make sure that there were accessible bathrooms for both males and females, to ensure that there are proper ramps and that the ramps are the proper sizes, to ensure that all of the offices are accessible and all of the other areas are accessible for persons with disabilities.

“The Act says whatever we, as able bodied persons can do, a person with a disability should be permitted or allowed to do the same without any hindrance. Our job is to ensure that these facilities are in compliance with the Act.”

Once inspections are completed, Adjustment Orders are sent to those facilities/businesses found not to be in compliance with the Act, advising them of any faults, and providing a time-frame for compliance.

 

(BIS Photos/Anthon Thompson)

Release: Bahamas Information Services

 

PHOTO CAPTIONS

 

Header:  – ZNS/BCB

Left to right:

1:  G. Michael Ellis – Sr. Inspector (NCPD)
2:  Thorne Clarke – Inspector (NCPD)
3:  Townsley Roberts – Deputy Executive Secretary (NCPD)
4:  Wesley Paul – Inspector (NCPD)
5:  Carlton Smith – Chief Security Officer (BCB)

Insert:  – BIS
Left to right:

1:  Elcott Coleby – Director General (BIS)
2:  Wesley Paul – Inspector (NCPD)
3:  Townsley Roberts – Deputy Executive Secretary (NCPD)
4:  Carlton Smith – Chief Security Officer (BCB)
5:  Thorne Clarke – Inspector (NCPD)
6:  G. Michael Ellis – Sr. Inspector (NCPD)

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Crime

Shooting Incident

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***MEDIA RELEASE***

 

July 23rd, 2024.

 

Around 10:59 am, the Police Control Room received a call of gunshots at a location along the Millennium Highway, Providenciales.

Officers of the Royal Turks and Caicos Islands Police Force were dispatched and, based on preliminary investigations, were told that the occupant (s) of a red Suzuki Swift was at a business place when another car pulled alongside it, and the occupants started shooting.

The driver of the Swift drove off while the other unidentified vehicle sped off in a separate direction. 

Officers found the Swift abandoned near Miracle Close, Blue Hills, shortly after.

Based on investigations, no injuries were reported.

This remains an active investigation.

The RT&CIPF is asking anyone with information or CCTV footage of the shooting that may assist the police with enquiries to contact 911, the closest police station, the Serious Crime Unit at 231-1842, or call Crime Stoppers at 1-800-8477 and anonymously give any information.

Additionally, persons are being asked to download the Crime Stoppers P3 app.

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