By Gerrino J. Saunders

Bahama Journal News Editor 

The last Free National Movement government intended to introduce Asylum laws.  This was revealed in the Senate on Thursday by Attorney-General Senator Ryan Pinder in answer to a promise by the  Leader of the Opposition Michael Pinder to repeal the Smuggling Migrants legislation if the FNM became the government.  Mr. Pintard was a member of the Minnis administration.

The Attorney-General produced a document titled the Nationality and Immigration Asylum Bill 2021 which he said was being heavily considered by the Minnis administration and accused the FNM of being hypocritical.  

FNM senators quickly pointed out that the document was only a draft and never reached Parliament.  However, Pinder went on to hammer the opposition.  Referring to the Bill that passed in the House of Assembly last week he said, “we have heard a lot of discussion about this being an “asylum bill”. This is not remotely true, nothing in the bill addresses asylum.  But let me tell you what an asylum bill looks like. Under the FNM administration, the Law Reform Commission of the Attorney-General’s Office prepared a draft Nationality, Immigration and Asylum Bill in 2018.  This Bill clearly had deliberations through the term of the FNM government as a near final draft of the Nationality, Immigration and Asylum Bill was prepared in 2021, ready to be tabled and advanced by the FNM administration.”

Pinder added, “I propose if it were not for the sudden elections the FNM would have advanced and passed into law their Nationality, Immigration and Asylum Bill.  A Bill that has over 30 sections addressing nationality and the transmission of citizenship and over 20 sections addressing a framework for asylum for illegal migrants.” 

Continuing, Pinder said, “this is not innuendo, it is factual. I now table the Nationality, Immigration and Asylum Bill, 2021 prepared by the former FNM administration, the administration where Darren Henfield, Kwasi Thompson, Hubert Minnis and Michael Pintard were all cabinet ministers.  This is what an asylum bill looks like – one that sets out an entire legislative framework for asylum seekers – the FNM plan for asylum, their adoption of radical legislative changes.”  

The PLP Senator added, “from 2018 the FNM administration not only endorsed a comprehensive position on asylum to migrants in The Bahamas but prepared the legislation to be advanced.  To now take a position that they do today is demonstrative of their hypocritical stance on many issues in this country.  This FNM have no moral stance, no policy commitment and frankly are not ready to govern.  The FNM cannot be trusted and I would expect they would be prepared to address all the sections of their Asylum Bill and explain it to the Bahamian public.” 

“We see the Leader of the Opposition has pledged to repeal this piece of legislation – well the Bahamian people should beware – if he repeals the Smuggling of Migrants Bill, he will likely replace it with their Nationality, Immigration and Asylum Bill – this is only logical as he was a senior member of the former FNM Government that endorsed this approach.  I do know one thing – consistent with our established position on asylum the PLP government rejected the Nationality, Immigration and Asylum Bill and refused to advance it,” said Pinder. 

Turning to the Smuggling of Migrants Bill 2025 Bill  which passed in the House of Assembly this week, Pinder noted that there was wide consultation on the bill and he reiterated much of what Prime Minister Philip Davis said about the actual purpose of the bill.

He said, “the clear and unequivocal goal of the bill is to reduce human smuggling activity in our country and to thereby reduce the number of migrants in The Bahamas, by criminalizing and increasing penalties for a wide range of activities associated with smuggling.”

“Migrant smuggling is a heinous crime that exposes vulnerable individuals to deception, abuse, and dangerous conditions.  Without a strong legal framework, criminal networks and enterprises operate with impunity, placing lives at risk and undermining our national security.  The Bill strengthens our ability to hold smugglers accountable as it introduces stiff penalties for those who would exploit the vulnerable for profit,” he said.

Pinder again reiterating what the Prime Minister said noted that “one of the primary reasons for this Bill is that under our current law we do not have a specific criminal offense dealing with the smuggling of migrants.”  

He said, “yes, we have a criminal offense for trafficking in persons, but trafficking is different than smuggling.  Until now, prosecutors pursuing smuggling charges have been forced to patch together different provisions from the Penal Code and from Customs and Immigrations laws – the new law closes gaps and loopholes and provides a clearer and more robust set of rules to establish illegality and to increase punishment.”

In the House of Assembly, the Official Opposition did not support the Smuggling of Migrants Bill 2025. FNM leader Michael Pintard said in a statement that they will repeal the bill because it is a far cry from a real crackdown on illegal entrants, as well as the smugglers and financiers who exploit them for profit. 

Pintard said, “the government’s proposed amendments cannot patch or polish what’s wrong with this legislation. The Bill continues to treat smuggled migrants as “victims” in a general sense, even where those individuals willingly paid smugglers and chose to enter The Bahamas illegally. That is not consistent with international practice.  Our stance on this is clear: persons who voluntarily participate in smuggling should face penalties, not receive the protections reserved for genuine trafficking victims.” 

“Inexplicably, the Bill places operational authority, including temporary residence decisions, under the Minister of National Security rather than the Minister responsible for Immigration. This makes no sense,” said Mr. Pintard.

Both opposition parties (FNM and Coalition of Independents) accused the government of granting those who pay to be smuggled asylum, something the government has repeatedly denied.

While COI MP for Central Grand Bahama pointed out merits of the Davis administration’s bill he thought there were a few things that needed to be ironed out. His position was much softer than his party’s leader Lincoln Bain who organized  a protest outside Parliament calling to “Kill the Bill.”