Adrian Gibson
First published in The Tribune on Tuesday, September 22, 2009 under the byline, Young Man's View.
IN THE Bahamas, it appears that many Bahamians display a complete ignorance of their Constitutional rights and the country's laws. Today, unless it is a right given under the numerated rights of the Constitution, the only supreme instrument that gives and guarantees the right of every citizen is the Constitution.
Last week Thursday, American citizens celebrated Constitution Day, a stark contrast to the Bahamas that still maintains a backward approach to enlightening its citizens about their guaranteed rights and/or the statutes that speak to the legality or illegality of their actions.
In the United States, aspects of the constitution are taught during elementary school. In this country, there is a dire need for civics to be comprehensively taught at the primary school level and, even more, for the publication of a "You and your constitution" book that simplifies, in everyday parlance, the rights conferred upon the populace and other elements of this supreme law.
Do Bahamians really know the amount of power they bestow upon an MP when he is sent to Parliament, or are we too consumed with the catchy slogans and the revelry and social ambiance at political rallies?
Frankly, Bahamians must endeavour to learn the science of citizenship and appreciate that no right is granted without a certain level of responsibility--taking into account the public and private domain--and, in some instances, a cost (i.e. the state may have to raise taxes to deliver certain rights, for e.g., education or national healthcare).
In speaking about our constitutional rights, recent travels onboard the national flag carrier--Bahamasair--come to mind.
As a Bahamian, I have a right to travel anywhere in the Bahamas; however, Bahamasair's policy--where they demand my passport, which is a document used for international travel--infringes upon my right to freedom of movement within the archipelago.
Passport
When has the passport become a necessary requirement for inter-island travel in the Bahamas' archipelago? The Americans don't show passports when they travel from state to state, so why must we when we travel from New Providence to the Family Islands?
One of the incidences of Bahamian citizenship, which is an integral part of the bundle of rights granted by the Constitution, is the freedom of every Bahamian to travel unreservedly throughout the islands.
In the Bahamas, security concerns allow for the suspension of the constitution and the imposition of martial law in emergency cases.
In the case of Bahamasair's policy, is this an instance where the danger is such that they have to suspend rights? Isn't the Constitution the supreme law of the land? What happens if a traveller doesn't have his/her passport and has never sought a license to drive?
What happens when I fly Bahamasair again and exercise my right to free internal movement within the Bahamas and refuse to show my passport?
It appears that the economy of the Bahamas dictates our sovereignty, particularly as a policy such as Bahamasair's violate people's fundamental rights because the government has had its arm twisted since September 11, 2001, due to our nearly desperate need for airlift to sustain our waning tourism industry.
If Bahamian citizens have to conform to their "passport-showing obligations" relative to the boarding of inter-island Bahamasair flights, do the civil aviation authorities employ a discriminatory, double-standard when dealing with the owners of private aircraft who show no identification and merely travel in and out of the Bahamas--unchecked? Should every airport or port--private or not--then have these same unconstitutional strictures? Why is Bahamasair's approach not applied across the board to private charter companies as well?
On this issue, I spoke with medical doctor, lawyer and law professor Dr Dexter Johnson, who said:
"I'm not showing my passport. The situation at Bahamasair is an example of government's knee-jerk reaction after 9/11. The government acted in haste and overreacted. Horrendous things have happened in other countries long before 9/11--Britain was bombed by the Nazis, the IRA, etc--so why do the Americans think that they have to superimpose their will on the world? It appears to be a misjudged attempt to comply with the FAA.
Regulations
"Is this to do with our security, is this in compliance with international regulations and how does it fit in with Bahamian law as regards the rights of citizens? Is this part of Bahamian law to the extent that the international treaties and regulations have been accepted by the Bahamian government?" Dr Johnson said.
If it is that Bahamasair is complying with FAA regulations, is this then a condition of using the airport?
Should it now be understood that in order to fly Bahamasair or use the airport, a Bahamian must give up a right as a condition for using that aircraft/facility?
And, while I'm at it, whatever happened to all those 'x-ray' machines that outfitted several Family Island airports immediately after 9/11?
It is high-time that the Bahamas takes a page out of Jamaica's book and institutes a national ID.
Air travel in the Bahamas is not so bad that it justifies citizens either choosing to show a document whose purpose is for external travel or having their rights suspended. If this continues, this will no doubt lead to Bahamians mounting legal action--a constitutional challenge.
I encourage any citizen who has had experiences where their entitlement to their rights has been forbidden to demand it through the courts by means of a constitutional motion.
Why must Bahamians fill-out immigration cards?
Every time I’m returning from overseas, midway in the flight to the Bahamas I’m often irritated when it’s stipulated that I must fill-out an immigration form to land at the Lynden Pindling International airport. Frankly, the distribution of these immigration forms to Bahamian travelers is an archaic practice that must be dispensed with.
Bahamian travelers should not be mandated to waste time completing these unnecessary forms, since we all have a right to be here and its not as if the immigration department can put a Bahamian on a plane and send him/her elsewhere.
The Treasury and the Penal Code (Chapter 84)
If law enforcement authorities in the Bahamas are serious about enforcing the laws and reducing instances of serious crime while also earning the treasury quite a bit of money via fines, it must address the petty crimes.
Using section 212 of the Penal Code (Chapter 84), the Ministry of National Security and the Commissioner of Police should see to it that throngs of police officers are deployed onto the streets to conduct a drag net operation. On any given evening, such an operation would net thousands in fines, lead to the apprehension of wanted criminals and target those individuals who are selling food out the vehicle trunks with health certificates and business licenses, who illegally light fires and destroy government property, arrest persons who unlawfully affix signs on buildings or public property (poles), fine persons who do not have a permit from the Commissioner of Police to ply their wares or to hold demonstrations, fine hawkers, loiters and peddlers phone cards, fruits and clothes who do not have the proper documentation, fine persons who play music or makes noises to the annoyance of others, and so on.
I’m told by persons who lived in Freeport that the minor illegal acts that Nassauvians get away with could never openly transpire under the governance of the Grand Bahama Port Authority. With this in mind, is there any wonder why serious acts of criminality have permeated nearly every community on New Providence?
Facebook Page
Twitter Page
