migration

The government’s new Smuggling of Migrants Bill was passed in Parliament on Monday. Still, only after a major controversy that forced the removal of Clause 11, a section critics said offered protection to migrants while only placing the full burden of punishment on the smugglers.

Clause 11 became the most debated part of the bill, causing public backlash and political pushback from Bahamians who believe both the smuggler and the smuggled should face consequences.

Here’s what Clause 11 actually said and why it was ultimately removed:

What clause 11 actually stated

Before it was struck from the bill, Clause 11 read:

“Without prejudice to the applicability of any other law establishing criminal offence, a smuggled migrant shall not be liable to criminal prosecution under this Act, in respect of —
(a) illegal entry into the receiving country or transit country;
(b) remaining illegally in the receiving country or transit country; or
(c) possessing a fraudulent travel or identity document, where such act is a direct consequence of the smuggling of the migrant … and the migrant is a victim of that criminal conduct.”

The clause appears to protect the smuggled migrants from prosecution under the new Act for:

• illegal entry into The Bahamas,
• remaining in the country illegally,
• and using fake documents

as long as those acts happened because they were being smuggled.

The clause positioned migrants primarily as victims of smuggling networks.

What critics said

The official Opposition, the Free National Movement led by Michael Pintard, and members of the Coalition of Independents, argued that Clause 11 imposes unequal accountability because it heavily punishes smugglers but shields smuggled migrants from prosecution under this Act. Many say this made the law one-sided.

“Kill the bill,” Pintard said. “Having been caught as they normally are caught, then they make adjustments, dry eye and not again with any full throated apology and repentance.”

They also said the clause is a potential “pull factor.” Some feared the clause could encourage migrants to willingly use smuggling routes, knowing they would face no legal consequence once in the Bahamas. And it conflicted with public sentiment. Bahamians said both the smuggler and the smuggled should be prosecuted.

What the government says after the clause was removed

Wayne Munroe, leader of government business in the House, said the government intends to reduce human smuggling in the country and strengthen the borders.

“As I have indicated, an [amendment] will be moved to delete section 11. We have heard the outcry. This is a responsive government. This government is responding by removing it. People had. A problem with there being immunity, it is being removed.”

Michael Pintard said he is pleased with the removal of clause 11 but the Opposition will not support the bill.

The bill, though, was passed by the government sometime after 8pm lastnight.

The heartbroken fans of Haitian rapper MechansT officially known as Wens Jonathan Desir, who vanished two weeks ago have not given up hope he’ll be found alive—even though reports circulate that he could have been a passenger on a sunken vessel on its way to Eleuthera.

Haitian fans took to social media to express shock that the popular rapper with over 1 million views on TikTok and Instagram vanished weeks after attending a party in Abaco, Bahamas in honor of Haitian Flag Day.

“We are waiting for you champion. We can’t lose you like that. May God protect you wherever you are,” one Instagram user said in Haitian Creole.

As the missing case garners attention, authorities in the Bahamas said they are still searching for the 32-year-old though “there are no official records of Desir entering or leaving the country.”

According to the Haitian Times, the famed rapper, along with his brother Steeven Desir, another brother, a disc jockey, fellow artist Marshelle, and her manager arrived in Abaco, Bahamas on May 14 for a “short vacation.”

Steeven returned to Haiti on May 23 but Mechans-T stayed behind to prepare for his 2025 album. Steevin said Mechans-T told him, “If I go back to the country, I won’t be able to focus…It’s calmer here. I’m staying here for a short vacation.”

But Mechans-T reportedly stayed for approximately two months while the two brothers remained in contact via WhatsApp until July 4, when Mechan-T stopped responding to messages and phone calls.

Now Bahamian authorities are investigating a recent tragedy at sea that saw four people overturned in a boat on its way from Ocean Cay to Andros around 2 am on Thursday. They remain missing at sea. Only four Hondurans and one Haitian national were rescued by local fishermen, according to the Royal Bahamas Police Force.

The captain is also missing.

Chance Boudreaux, a social media user said in Creole, “The artist did not go to the party on the boat. The artist was on a trip to Miami. There are many people from Port de Paix La Tortue who died in the same boat as well.”

Another user said, “Strength my brother wherever you are. We are waiting for good news from you.”

“You can’t disappear like that,” one cried as another said, “What is that Mech? You forgot that you are a superstar man? My heart is torn.”

Jahnezzy Eltime asked for the Haitian Foreign Minister to actively investigate his whereabouts. “Millions of Haitians around the world are trying to find out what happened to Mechans-T one of the biggest rappers in Haitian music industry. Despite this, the Foreign Minister of Haiti has remained silent on the matter…Regardless of any personal issues with Mechans-T, it is her duty to respond to the concerns of these Haitians asking for information about him.”

Canadian Prime Minister Justin Trudeau’s arrival in the Bahamas on Wednesday means the beginning of talks on Haiti’s deepening crisis after the US suggested it lead the intervention in the failed island nation.

When Haiti’s Prime Minister Ariel Henry, who will also participate in the CARICOM meetings, asked for a foreign military intervention due to the strangled hold gangs have on his country’s resources, the United States immediately suggested that Canada lead the discussions and send military troops on the ground.

Trudeau has since stated that any effort to restore Haiti must be led by the Haitian people and has left the idea of military intervention as a last resort, though the US said it should lead one.

Before his arrival to the Bahamas, Trudeau’s office said his discussions at the Caribbean summit, will allow leaders to consider political, security, and humanitarian assistance to Haiti and seek “Haitian-led solutions to the ongoing situation.”

According to Canadian media, Trudeau, when speaking in French, stated before his arrival, that Caribbean countries must play a role in “legitimizing” international help for Haitian people after decades of failed “colonialist” interventions.

In a prèss conference on Tuesday, Bahamas Prime Minister Philip Davis said Canada and the United States must step up to assist Haiti since the Bahamas has felt the brunt of Haiti’s economic and social instability, through the influx of thousands of Haitians fleeing the troubled state.

“We (The Bahamas) do not have the resources to be able to deal with the Haiti problem ourselves and we do need outside help.”

Davis hinted that the Bahamas would be willing to send personnel to a security mission if it’s needed.

Waves of violence have swept Haiti marked by poverty, the assassination of Haiti President Jovenel Moise in 2021, rising energy prices, corruption, and civil unrest.

Trudeau will speak to the Caribbean panel on Thursday and leave for Ottawa later in the evening.

Photo: Prime Ministers Justin Trudeau and Ariel Henry arrive in the Bahamas on Wednesday to attend the Caribbean Summit

The southern islands of the Bahamas have been inundated with the influx of Haitian migrants over the weekend.

Authorities captured nearly 400 Haitian migrants on Sunday on an uninhabited island in the Ragged Island chain, after fishermen noticed a partially submerged vessel in the area.

This comes after 500 more migrants were captured in Matthew Town, Inagua on Saturday.

Officials said the groups will be deported as soon as they are processed.

In a video, Deputy Prime Minister Chester Cooper is seen speaking to the lively group in Inagua as they sit under a tent.

He tells them through an interpreter, “…You’ve had enough food and enough water. We are asking you to be patient. It is important that you follow the instructions of the officers. We want you to know that you have landed in the Bahamas illegally. Therefore we will help you, we will process you to return to your home,” as the migrants clapped.

ZNS reporter Lloyd Allen said in a social media post that the government was seeking to provide temporary housing for the migrants.

This influx comes as the authorities in the United States cleared a border camp in Texas, USA that sprung up with well over 30,000 Haitian migrants under a bridge.

According to Reuters, 12,000 migrants will appear before US immigration judges for stay, 8,000 were returned to Mexico and 2,000 were sent back to Haiti. The others were detained as the state decides its next move.