migrants

The Bahamas’ new Smuggling of Migrants Bill sparked debate across the country, particularly because of Clause 11, which addresses the immunity of migrants, which was eventually removed following public backlash. However, one word in the bill has caused more confusion: Non-refoulement.

Here’s the breakdown of what it actually means and why it matters now more than ever.

What non-refoulement means

Non-refoulement is a human rights term that says a country must not send a person back to a place where their life or safety is at serious risk.

The bill defines it as a ban against returning someone to a country where they may face: torture, persecution, serious danger, inhuman treatment and life-threatening conditions.

These protections apply specifically when a migrant is being smuggled and is intercepted by Bahamian authorities.

If a migrant boat is intercepted off Inagua, under non-refoulement, Bahamian authorities must ask:

1. Will sending them back expose them to danger?

If yes, they cannot be immediately returned. If no, they can be repatriated as usual.

2. Are they fleeing political violence, persecution, or threats to life?

If yes, the migrant qualifies for protected status under international law.

3. Are they being exploited or abused by smugglers?

If so, they are treated as victims under the Act.

READ MORE: The principle of non-refoulement under international human rights law

Human rights activists say non-refoulement does not give automatic citizenship, permanent residency, and that migrants cannot be repatriated.

Free National Movement Leader Michael Pintard is promising to repeal the government’s new Smuggling of Migrants Bill if his party is successful in the next general election.

The controversial bill passed the House of Assembly on Monday, but only after the government removed Clause 11, the section that critics said gave immunity to smuggled migrants.

The big story

While the government insists the new law strengthens border protection and targets smuggling networks, the Opposition says the bill still treats migrants as victims, even in cases where they willingly pay to enter the country illegally.

Pintard argues the bill even without Clause 11, creates loopholes, shifts key powers to the Minister of National Security instead of Immigration, and lacks public consultation.

“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,” Pintard said.

He went further, saying the government “didn’t listen” to Bahamians and pushed through a bill that creates more problems than it solves.

Why it matters

Migration remains one of the most politically charged issues in the Bahamas, tied to border control, national security, overcrowded detention facilities, and growing public frustration over illegal entry.

The Smuggling of Migrants Bill is now at the centre of a larger national debate: Should migrants who pay smugglers be treated as victims or offenders?

What’s at stake

The FNM says the bill leaves too many gaps, and if it wins the next election, it will repeal it entirely and implement its own plan, “Operation Shield,” aimed at tightening border security.

Cuban migrants housed at the Bahamas Department of Corrections have stopped eating.

After one week at the facility, 152 migrants are demanding to be confined elsewhere, routinely at the Bahamas Department of Corrections.

Hurls of insults in Spanish are echoed down the hall as they beat the prison gates and throw their clothing out of the cells into the corridors.

Officers familiar with the situation said the group should not have been placed at the facility and is protesting to get the attention of officials.

It is reported prison officials have been trying to get immigration officials to visit the group but as of Thursday afternoon, no one from the Department had arrived.

Of the group, six men are confined to a cell and most are reported to be former marines from the communist island nation where they escaped economic and political woes, worsened by tightened U.S. sanctions and negative effects of the COVID-19 pandemic— food shortages and inflation.

Prison officers fear the group may use its tactical skills on guards so attempts were made to keep the men in their cells.

A father and three adult sons are reported to be among the group.

Some have reportedly collapsed after refusing the food offered food by prison staff.

A man in the group translates their demands from Spanish to English.

In recent weeks, the Bahamas has seen a significant influx of Cuban migrants.

74 Haitian nationals were repatriated to their home country on Monday morning.

The details

• The Department of Immigration repatriated 57 adult Haitian men, 3 boys, 13 adult Haitian women, and 1 girl to Port-au-Prince, Haiti onboard a Bahamasair flight.
• The group consisted of 21 convicted adult migrants lawfully detained and processed in Long Island and an additional 53 migrants who were lawfully detained and processed for Illegal Landing in South Andros over the Holiday Season.
• The repatriation exercise was led by Senior Immigration Officer Vonetta Darling Flowers and a team of eight (8) officers from the Department’s Enforcement Unit.

What Immigration said

“The public is reminded that the Department of Immigration is committed to carrying out the mandates of our agency to combat illegal migration by establishing effective border
control management to ensure compliance with the Statute Laws of our country.

“We further wish to remind members of the public that it is a criminal offense punishable
by law to harbor illegal migrants in the Commonwealth of The Bahamas.”

The big picture

• 45 adult Haitian nationals were found in Long Island after the vessel ran aground the day after Christmas, and 51 were found in Mar’s Bay, Andros on three days after Christmas.

Featured Image: File photo Dept of Immigration

Fifty-one Haitian nationals were found on Andros on Monday.

• 44 Haitian men and 7 Haitian women were arrested and detained by officers of the Royal Bahamas Police Force (RBPF) and Bahamas Immigration Department.
• Their vessel ran aground at Mars Bay, Andros.
• Immigration officials have been dispatched to Andros for investigation and further processing of the migrants who are presently being held at the Government Complex, The Bluff.
• All migrants have received medical attention from the local Ministry of Health personnel, and are reported to be doing well.
• The public is reminded that The Department of Immigration is committed to carrying out the mandates of our agency to combat illegal migration by establishing effective border control management to ensure compliance with the Statute Laws of our country.

This comes after 36 adult Haitian men and nine women were found in Long Island on Saturday after their vessel ran aground. They were captured and were to appear before a Magistrate in Long Island on Tuesday.