Illegal migrants

'have rights'

by PHILLIPPE AIMEY

A UNIVERSITY LAW LECTURER says illegal immigrants have rights under the Constitution.

"The constitutional rights of a country are not limited to citizens," says Jeff Cumberbatch of the University of the West Indies, Cave Hill Campus.

Reports coming out of Guyana have accused Barbadian authorities of early morning raids rounding up illegal immigrants and hasty deportations without giving individuals a chance to collect their belongings.

In an interview with the WEEKEND NATION, Cumberbatch identified specific rights within Barbados' Constitution which he said made provisions for illegal immigrants once encountered by police, or immigration officials.

"That they (illegal immigrants) are in the country illegally does not take away the rights to be enjoyed under the Constitution. The constitutional rights of a country are not limited to citizens . . . . It speaks to every person in Barbados. So just as they are subject to the criminal laws and the civil laws, they are entitled to the constitutional rights as well," he said.

"These people are [allegedly] being deported without having a right to carry their property with them. They are not given the chance to collect their belongings and to dispose of them properly and it seems to me that is deprivation . . . . God knows what happens to the property once it is left behind."

He identified four rights under Chapter 3: Protection of Fundamental Rights and Freedoms of the Individual - Section 15: Protection from inhuman treatment, Section 16: Protection from deprivation of property, Section 17: Protection against arbitrary search or entry and Section 18: Provisions to secure protection of law.

Speaking to reporters at the opening of a play park in his St John constituency last Monday, Prime Minister David Thompson spoke about the immigration issue and termed reports of raids a "slur on Barbados".

"This idea that we have been sending home planeloads of people and that we've had people scampering for cover, and that the police and immigration officials have been overzealous in implementing a policy that has not yet taken place is totally wrong. It is a slur on Barbados and I believe that people need to cool off.

"We announced an amnesty on June 1 and the deportation pursuant to the amnesty does not start until January 1," he added.

Last Saturday, the Prime Minister announced at a Press conference that only eight people had been deported since June 1, four of whom were Guyanese.

He said that according to data compiled by the police and Immigration Department, from June 1 to 26, visits were made to 15 residences on June 9, 11 and 13, between 3:30 a.m. and 6:30 a.m.

"These visits led to the detention and removal of 47 non-nationals, 34 of whom were Guyanese nationals, who were in the country illegally."

These people, he added, were deported for reasons such as "theft, overstaying and possession of a false work permit stamp, destitute and deception".

Echoing the sentiments of Thompson, a top Government official said he found it difficult to believe that CARICOM nationals were being raided, rounded up and sent back to their respective territories as was being reported.

He said such procedures were not practical given the process outlined.

Speaking only on condition of anonymity, he said Government had handed down a directive to immigration and police officials that no raids were to be carried out during the amnesty period, which ends in December.

"I'm not sure about all these raids I'm hearing about because the order given by Government when the amnesty was announced, was that no raids are to be carried out while the amnesty is still in motion; so if any raids have taken place, it has nothing to do with the immigrant situation," the top official said.

He added raids were only tolerated if the police had suspicions of illegal activity on a specific compound and only then would they have the right to conduct a raid.

In relation to the issue of deportation, the official said immigrants could only be deported once the appropriate documents had been signed by Minister of State, Labour, Civil Service and Immigration, Senator Arni Walters.

"In order for anyone to be deported, a deportation document must be signed by the minister in charge of immigration, so it is a case where people can't be just put on a plane and sent home; there are procedures that must be followed."

The official said Government was not interested in deporting people without giving them adequate time to manage their property.

"Government is not interested in confiscating anyone's belongings and standard procedure dictates that an individual is given enough time to set their business in order before deportation, especially when there is no criminal activity linked."