Landmark Ruling poised to change Bahamian Citizenship Rules

By Rashaed Esson

Staff Writer

#TheBahamas, May 10, 2023 – The Privy Council (PC) upheld Chief Justice Ian (say:  E-Yan) Winder’s landmark ruling in 2020 on Bahamian Citizenship, that children born to Bahamian fathers are Bahamian citizens regardless of their marital status or mother’s nationality.

The PC’s decision opens the gate to allow the amendment of the Bahamas Nationality Act, to further equalize access to citizenship, a goal the Davis Administration said it would work towards, upon the ruling of the PC.

The legitimization of Winder’s ruling comes in the recent case of Shannon Rolle and four others.

The issue in the case was that the respondents were born to Bahamian men, but their mothers were not Bahamian or married to the men up to the times of their births.

They fought for their right to citizenship under Article 6 and the Supreme Court ruled, influenced by Winder’s decision in 2020, that anyone born in the Bahamas is entitled to citizenship at birth in pursuant to Article 6 of the Constitution.

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

Rolle has now gained citizenship through the normal application process, despite having to wait a long time.

Prime Minister Philip Davis expressed his support for the ruling, adding that he is committed to making sure the country’s laws and policies are just and fair for all Bahamians.

The Attorney General’s Office also showed support for the May 4th ruling.

“The ruling is an important step towards ensuring equal citizenship rights for all children, irrespective of their parents’ marital status.  It is expected to impact the lives of many individuals in our country positively.  The Attorney General’s Office will work diligently to ensure the implementation of the Privy Council’s decision and to review the existing citizenship legislation in light of this new development.”

The Office added, to remind the public, that the Government is still committed to addressing other citizenship issues such as granting automatic citizenship to children born overseas to Bahamian women married to foreign husbands.