Corps de l’article

International migration or population mobility across international borders is illustrated by the fact that individuals for various reasons cross borders.[1] Thus, according to figures from the United Nations Statistics Division, the total number of migrants in the world in 2020 is estimated at 281 million.[2] In Latin America and the Caribbean alone, they represent approximately 14.8 million people,[3] including 1.8 million of Haitian origin,[4] this last element represents an interesting case of study when it comes to observing that Haitian migration in a country like Bahamas, has distinctive features.

Overall and from the outset, in the Caribbean, emigration, that is, leaving one’s country for various reasons (by choice or by constraint, in a planned or unplanned manner) and settling in a host country,[5] is part of a geopolitical context marked by a certain number of factors that are constituted by colonization, globalization, bipolarization and then multi-polarization of the world, which is not without impact on migration policies that oscillate between encouragement and restriction. In any case, Haitian migration bears witness to a tradition and a culture that have transformed Haiti into a “migratory power” and make it the third largest country of origin for migrants after the Dominican Republic and Cuba. However, the real volume of this migration remains underestimated,[6] particularly following the 2010 earthquake, which caused massive population movements. Although it is not possible, within the limits of this study, to identify the many facets of these essentially informal and poorly documented migratory flows, it should be noted that this process is marked by a great deal of heterogeneity (political isolation of Haiti, differences in language, economic conditions, etc.), one of the common features of which is the construction of an immigration around the issue of work. Temporary or permanent, it includes, among others, agricultural workers, domestic workers, but also more and more merchants who move throughout the Caribbean basin. Formally, Haitian migration, which includes both circular and permanent elements,[7] involves movements between Haiti and the Dominican Republic, the Bahamas, Guyana, the Netherlands Antilles, Guadeloupe, the Turks and Caicos Islands, among others, to arrive more recently in countries such as Brazil[8] or Chile.[9]

Among these destinations, the migration between Haiti and the Bahamas has some distinctive features related to its demographic importance. In the Bahamas, according to information relayed by the Immigration and Refugee Board of Canada, the number of Haitians living in this country is approximately 80,000 or nearly 25% of the total population, estimated at 342,049.[10] The International Organization for Migration (IOM) reports that there are between 20,000 and 50,000 illegal Haitians in the Bahamas.[11] Formally, this country was formed by successive migratory contributions, diversified and hierarchical in their types and functions, whether it be colonization, trafficking or planned or unplanned migration. This migration, once desired, is now stigmatized.[12] This situation is amplified during the electoral period, when the Haitian migration issue, which touches the identity foundations of the changing Bahamian society, is closely linked to a representation of the invasive and miserable Haitian immigrant.[13] However, by its characteristics and importance, the Haitian migration to the Bahamas reveals that it is not only a process, a phenomenon of interest to statisticians, historians or geographers, but that it also reflects above all a movement of people. Indeed, according to geography expert Frederic Piantoni, “‘Mobility’, ‘migration’: these two terms qualify the movement of individuals.”[14] The individual is at the center of all migration and is protected by law in his or her dual capacity as a human person and migrant. This justifies why there is a multitude of legal instruments, whether universal, regional or other, that protect the rights of the human person in general, and of migrants in particular. It is therefore necessary to question, among other things, the application of human rights standards in the implementation of migration policies. Moreover, such a correlation between migration and human rights leads to a holistic approach to the governance of migration.

At the international level, this approach has informed the conclusion of the Global Compact for Safe, Orderly and Regular Migration[15] (Global Compact) dated December 19th, 2018, to which the Bahamas has subscribed. Indeed, this non-binding text aims to exploit the full potential of migration and strengthen the rights of migrants by proposing to strengthen international cooperation in migration management.[16] The method, although classic, has the originality of wanting to fill in the gap in the implementation of the commitments of States with regard to the main international instruments, by proposing concrete, measurable actions with the objective “to maximize the benefits of migration rather than obsess about minimizing risks”.[17]

However, this ambitious approach of the Global Compact already allows us to foresee all the difficulties linked to the rights of migrants in a country like the Bahamas, where Haitian migration in particular is considered a problem,[18] and for which the responses provided are mostly introduced from a security perspective.[19] In theory, migration policies are the set of objectives and means deployed by the State in order to control and regulate the presence of migrants and migratory flows on its territory, but immigration policies can encourage immigration as well as seek to limit or even eliminate it. In this respect, the fundamental right to free movement is limited by the sovereign right of the State to decide on the criteria for admission and expulsion of non-nationals, particularly when they are in an irregular situation. However, this prerogative is exercised within the limits of their human rights obligations and any agreements or conventions they have concluded that limit their sovereignty in this area, for example, in the context of a regional mobility regime. However, in the Bahamas, migration policies towards Haitians are based on the control of individuals and differentiated rights according to their status, and most often generate direct or indirect discrimination[20] which is still the basis of the structures of Bahamian society today.

What measures has the Bahamas implemented to comply with the recommendations of the Global Compact? Has the structural discrimination characterizing the country’s migration policies changed, particularly in terms of health, environmental, social and other conditions?

Examining the progress of the Global Compact’s provisions in a country such as the Bahamas leads to the observation of the contradiction that exists there with regard to migration. Oscillating between acceptance and reticence in the face of the Global Compact, the practices of this country suggest an equivocal approach to this instrument with regard, in particular, to respect for the fundamental rights of migrants. Indeed, if this country is determined to respect the prescriptions of the Global Compact, it does not necessarily give it a legal reality (I), which translates into real denials of the rights of Haitian migrants, thus characterizing a flawed approach to the Global Compact (II).

I. An Equivocal Approach to The Global Compact on Migration

Although the Bahamas supports the guiding principles of the Global Compact, it presents an ambiguous overview, particularly with regard to the objectives of strengthening the rights of migrants and promoting inclusive migration.

A. The Contrasting Objectives of Taking Migrants’ Rights into Account: Haitians at the Frontiers of Human Rights

The analysis of the extent of migrants’ rights in a territory distinct from their territory of origin is assessed, among other things, in the light of imperatives related to respect for human rights.[21] In fact, while the nation-state remains a major influence in determining migration and immigration policies, the internationalization of migration issues is accompanied by a strong consideration of the rights of migrants, thus limiting the prerogatives of States.[22]

In this regard, the Global Compact, while reaffirming the sovereign right of States to define their migration policies, emphasizes that the exercise of State sovereignty must allow for the protection of migrants’ rights. Governments have a responsibility to ensure that all migrants can enjoy the rights guaranteed and protected by human rights, just like everyone else.

This is what the Bahamas stated during the debates at the time of the adoption of the pact:

For the Bahamas, the Global Compact represents a significant opportunity to galvanize bilateral and multilateral cooperation on international migration. Appreciating the non-legally binding nature of the Compact, and asserting the sovereign rights of all countries to determine their migration policies and management, based on their respective national needs and priorities, The Bahamas considers the objectives of the Compact as a catalogue of tools that Governments can select to best fulfil their commitment to safe, orderly and regular migration. Moreover, The Bahamas recognizes the important nexus between migration, human rights and sustainable development, and, that efforts toward safe, orderly and regular migration necessarily contribute to the promotion and protection of human rights and Agenda 2030.[23]

This pledge, which led to the adoption of the Pact by this country on December 19, 2018, was reiterated on World Migrants Day in 2020, with the Minister of Foreign Affairs, emphasizing on the one hand, the contribution of migration to the economic development of the country, the necessary fight against irregular migration, and on the other hand, its investment in the implementation of contemporary policies that promote the fair treatment of all human beings.[24]

The Regional Review Meeting on the implementation of the Global Compact for the Latin American and Caribbean region, held from April 26th to 28th, 2021, provided an opportunity to examine the progress made by States in relation to the objectives of the Global Compact and to analyze, on the basis of a questionnaire, the measures implemented since 2018.[25] Bahamas does not appear in the report, which does not allow to have a clear vision on the implementation of the text.

The country’s approach to the Global Compact is, moreover, in close congruence with its approach to migrants’ rights with regard to the international corpus in general. Indeed, the situation of the Bahamas vis-à-vis the multiplicity of international legal instruments relating to human rights, and particularly with regard to those to which this country has subscribed, presents a contrasting panorama.[26] This multitude of instruments and their varying degrees of signature and ratification are a source of uncertainty as to the minimum rights to be applied to migrants, because this country, through the reservations made, limits certain internationally protected rights, such as the right to nationality[27]. Indeed, the Bahamas presents the profile of a country that has ratified or acceded to the main universal texts relating to human rights, but most often with reservations or declarations[28]. Thus, with regard to the New York Convention on the Rights of the Child, to which the country has been a party since 1991, but has entered a reservation to Article 2, which states that State Parties

shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.[29]

With respect to the Convention on the Elimination of All Forms of Discrimination against Women, the Bahamas has entered a reservation to Article 2(a), Article 9(2) and Article 29(1).[30] From the latter perspective, such restrictions shed light on the findings noted by the Special Rapporteur on violence against women during her mission to the Bahamas, who, in her 2018 report, notes:

The Special Rapporteur is concerned that many of the individuals she met told her that many migrant women who are victims of gender-based violence decline to call the police for assistance, for fear of possible deportation. During her visit, the Special Rapporteur was made aware of the implementation of measures purportedly aimed at curbing irregular migration, which results in the detention and swift deportation of hundreds of individuals, disproportionately targeting the community of Haitian descent, some of whom may have been born in the Bahamas.[31]

Moreover, the treatment of Haitian migrants in an irregular situation has not changed much in light of the country’s adoption of the Global Compact, particularly in spite of Objective 13, which states that the detention of irregular migrants should be a last resort and should not be prolonged excessively.[32] The government’s security policy towards irregular migration shows differentiated behaviour for Haitian migrants whose repatriation time is estimated to be between one and two weeks[33] and for whom the minimum rights that should be guaranteed are not always respected (right to contact any person of their choice-lawyers, family members, non-governmental organizations, UNHCR, etc.—, to have access to appropriate medical care, and, if necessary, to have an interpreter and free legal assistance).[34] The situation is all the more peculiar because among the Haitian migrants in an irregular situation there are also people who were born in the country but who are not eligible for citizenship.[35]

The occurrence of the Covid-19 pandemic, although leading to a slowdown in deportation procedures, did not result in any particular measure being taken. For example, in June 2019, while the government suspended repatriation flights to Haiti due to the pandemic, at the Carmichael Road detention centre, a group of Haitian migrant detainees, frustrated by their prolonged detention, damaged fences and staged a short hunger strike. Ten days after the protest, the government repatriated 75 migrants to Haiti.[36] Similarly, the Global Migration Organization noted some 14 repatriations to Haiti between October 10th, 2019, and July 21st, 2020.[37]

In contrast, the treatment accorded to migrants in the wake of climatic phenomena reveals the efforts of government authorities to mitigate or even adapt to environmental factors and to build resilience in this regard. Thus, the Bahamas 2019 Human Rights Report notes that Hurricane Dorian displaced thousands of residents of Grand Bahama, Abaco, and the surrounding cays. While many evacuees stayed with family and friends, the government accommodated more than 2,000 persons, including many undocumented migrants-mostly Haitian-in shelters in New Providence. In the immediate aftermath of the storm, the government implemented a universal policy of providing emergency humanitarian assistance and social services to all, regardless of immigration status, including access to schooling for displaced children.[38]

However, the author, Mrs. Miriam Cullen, notes that

Before the hurricane, and in line with its protection obligations, The Bahamas had suspended repatriation of irregular Haitian arrivals in 2019 due to ongoing civil unrest in Haiti. It assessed that to return irregular migrants would be a violation of the principle of non-refoulement. However, after the hurricane, repatriations of irregular Haitian arrivals resumed in earnest.[39]

These various examples show how difficult it is to find solutions to the rights of Haitian migrants, who, therefore, often find themselves on the margins of host societies, despite the stated objectives of promoting inclusive migration.

B. The uncertain ambition of inclusive immigration: Haitians on the margins of Bahamian society

Immigration is closely associated with changes in Bahamian society, marked by a heavy social context.[40] This context generates discrimination and sometimes even exacerbated communitarianism. The responses to these changes are most often cyclical, depending on the election period, and are part of political instrumentalization, leading to the implementation of restrictive migration policies. Indeed, the attainment of independence and, in general, democratization has made immigration more visible and has transformed it into a political objective for the various political parties. Thus, an analysis of the discourse on Haitian immigration in the press shows that the most-used register of communication has to do with national identity, even racialized nationalism.[41] These discourses are most often translated into restrictive policies towards migrants in general, and Haitians in particular. Specifically, because of the laws governing the situation of foreigners, the status of Haitians in Bahamian society oscillates between visibility tinged with discrimination and invisibility marked by exclusion. Thus, although the domestic law of the Bahamas emphatically prescribes equal rights for nationals and foreigners, with the general exception of political rights, the legislative evolution of this country makes it more difficult to regularize foreigners and sometimes even leads to discrimination and inequalities regarding Haitian migrants. Thus, and according to the observation made by the Special Rapporteur on violence against women during her mission to the Bahamas:

Many migrant women and women of Haitian descent live in poor and densely populated shanty towns, where they are confronted with an array of challenges, including discrimination on the grounds of gender and ethnic origin. In addition to the discrimination they face, many do not have identity documents and national passports, which hampers their ability to obtain a job or a house. Their low socioeconomic status and social exclusion exposes them to multiple and intersecting forms of violence, including domestic violence.[42]

Moreover, if we can observe although Chapter III of the 1973 Constitution[43] prescribes equal rights for all, this equality can only be understood in the light of Articles 21 to 26, which allow discrimination on the basis of race, colour or origin, when this is necessary for the maintenance of order.

In any case, in this country, the issue of migration, and particularly Haitian migration, which touches the foundation of the identity of this changing society, is generally considered as the adjustment variable of democratic construction. In this regard, it should be noted that while Haiti and the Bahamas share a common history related to the plantation economy and slavery, the Bahamas is primarily a transit destination. One of the ways for Haitians to cross to these islands is indeed illegal immigration. The boat people, whose initial choices were more oriented towards the United States of America, were rejected towards the Bahamian coasts where the Haitians settled little by little by abandoning their illegal status. In general, the geographical proximity as well as the level of development of the Bahamas explain the attraction of Haitians for this group of islands. Thus, there is a strong Haitian community that was founded first around the networks of merchants that have developed throughout the region. The growth of this community is also mainly due to the women of the underground sector who contributed to the development of the popular economy of the area. Thus, this country experienced, especially in the early sixties, some examples of integration in terms of Haitian immigration.

However, under the influence of anti-Haitian electoral rhetoric, the migration policy of the Bahamian government is focused on security imperatives[44] and therefore deportations and expulsions of undocumented Haitians, with no measures respecting the imperatives of protection that would allow the identification of people in need of international protection, and with no effective guarantees against deportation.[45] In fact, to deal with the problem of Haitian immigration, the Bahamian government is advocating a two-pronged approach characterized on the one hand by policies of regularization and control of regular immigration and particularly that related to migrant workers, and on the other hand, by restrictive and even sometimes coercive policies to fight against irregular immigration, which, in the light of the Global Compact, translates into the perpetuation of a certain form of marginality of Haitians.

II. A flawed approach to the Global Compact on Migration

The analysis of this country gives some indication of the situation of Haitian migrants, which is marked by a restrictive legal framework that generates exclusion, while revealing some distinctive features. The Bahamas, while determined to comply with the Global Compact, does not necessarily give it legal effect. In other words, despite a marked interest in the text and its considerations in favour of the recognition of rights for migrants, this country, in practice, does not seem to give them consistency. The weaknesses in the implementation of the Global Compact can be seen particularly in the light of Objective 4, which is intended to encourage States to adopt good practices in the granting of proof of legal identity,[46] which is contradictorily reflected in the maintenance or reinforcement of policies that lead to the denial of the rights of Haitian migrants.

A. The issue of granting proof of legal identity: Haitians and the denial of rights

The fourth objective of the Global Compact requires States “to guarantee the right of every individual to a legal identity” with a view to “ensuring the legal identity of a migrant upon entry, throughout his or her stay and upon his or her return, and to guaranteeing rigorous migration procedures.”[47]

In the Bahamas, as elsewhere, the issue of identity documents (card, birth certificate, etc.) is central to the “legality” of migrants. The absence of such identification documents has consequences for the situation in the country, as the individual concerned is denied access to the health system, education, civil and political rights[48] and citizenship in general. From the outset, the immigration law provides procedures for granting permanent residence certificates to migrants, but with some specificities regarding Haitians. Thus, according to Article 13

The Board may, in its absolute discretion, upon application being made in the prescribed form and on payment of the prescribed fee, grant a permanent residence certificate to any person who — (a) is not less than eighteen years of age; (b) is of good character; and (c) in his application has stated his intention of residing permanently in The Bahamas.[49]

In addition, the following article specifies that when a foreigner applying for a permanent residence certificate is “a husband, [he must have] lived continuously with the other party to the marriage for a period of not less than five years.”[50] This last provision, which is discriminatory, is supplemented by a practice specific to Haitians, since “Haitian nationals who are able to provide documentary proof, exclusive of Haitian passports, that the department accepts as evidence under cover of an affidavit from a notary public, of their continuous residence in The Bahamas prior to January 1985, can obtain permanent resident status.”[51] The officer of the Department of Immigration stated that this provision is not set out in the Immigration Act because it is “an exceptional measure that applies only to Haitians.”[52]

In addition to the issue of certificates of permanent residence, the problem of the regularity of the presence of Haitians in the Bahamas is also linked to the conditions of acquisition of citizenship. Indeed, the legal link between the individual and the State is considered from the point of view of citizenship, which is considered as the status of a person recognized by the laws and customs of the State and which confers rights and duties. These provisions, which are found in Chapter 2 of the 1973 Constitution (Chapter 2 Citizenship, Sections 3(2), 6, 7, 8, 9, 10 and 14(1)),[53] in the Bahamas Nationality Act (2001)[54] and in the Immigration Act 1967[55] as amended (1967, 1997, 2012, 2015), depend heavily on both an application of the principles of jus soli and jus sanguini, but also on the application of differential treatment depending on whether the person was born before or after independence. In general, in addition to acquisition by adoption or naturalization, Bahamian citizenship is acquired by descent, with Section 6 of the Constitution providing that a person born after 9 July 1973, to a Bahamian parent, becomes a Bahamian citizen. In addition, the Constitution provides for the acquisition of citizenship in a number of ways including through the allegiance procedure and legal residence.

With regard to the situation of foreigners, two provisions are particularly noteworthy. The first concerns the acquisition of citizenship by marriage as provided for in Section 10. Thus, a woman married to a man may acquire Bahamian citizenship as long as the marital relationship continues. However, a woman cannot pass on Bahamian citizenship to her foreign spouse or to a child fathered by him.[56] Thus, it can be seen that the Bahamian normative framework includes laws that discriminate against the recognition of women’s derived citizenship and enshrines a system of citizenship by descent, derived exclusively from the paternal line. The second, prescribed by Section 7 of the Constitution, concerns the acquisition of citizenship by persons born in the Bahamas to non-Bahamian parents after independence, that is, children born in the Bahamas to both non-Bahamian parents or to a Bahamian mother with a non-Bahamian father. Clearly, children of Haitians born in the Bahamas do not acquire citizenship by application of the jus soli theory. They must prove that they were born and raised in the Bahamas. The law also provides that they have one year after their 18th birthday to begin the citizenship application process at the immigration office. However, for Haitians, the processing of applications takes forever.[57] This discriminatory system was put in place in 1973, apparently to impede access to Bahamian citizenship for Bahamian-born children of Haitian descent. However, we can already see the difficulties that arise from this article are perceptible since the application of which leaves a whole series of descendants of Haitians in an unclear legal situation. In most cases, they can claim the nationality of their parents provided, of course, that the latter are able to declare them to the consular or diplomatic authorities in the territory or are able to justify their Haitian identity documents.

This particularity in the treatment of Haitian descendants, in addition to its discriminatory nature, is of obvious interest from a legal point of view, particularly with regard to situations of statelessness that are created.

B. Consequences of the legal provisions of the Bahamas: the problem of statelessness of Haitian’s descendants

One of the most glaring problems regarding the situation of Haitians in this country is that of the de facto or de jure statelessness of the children of Haitians born in this territory, in total contradiction with the provisions of the Global Compact, which require States to

Strengthen measures aimed at reducing statelessness, in particular through the registration of births of migrants, ensuring that women and men have the same capacity to pass on their nationality to their children and granting nationality to children born in the territory of another State, in particular when the children would otherwise be stateless, with full respect for the fundamental right to a nationality and in accordance with national legislation.[58]

In the Bahamas, Article 7 of the Constitution, which provides that children born to non-Bahamian parents are not entitled to citizenship until their 18th birthday, creates a situation of statelessness for minors whose parents are unable to grant them citizenship.[59] This provision is in contradiction with the main international texts and particularly the Universal Declaration of Human Rights which prescribes in its Article 15 the right of every person to nationality.[60] Otherwise, the Convention on the Rights of the Child guarantees the right of children to be registered immediately after birth and to acquire a nationality, and establishes the obligation of State parties to ensure the application of these rights, in particular when they would otherwise be stateless.[61] This means that they must acquire a nationality at birth or as soon as possible after birth.[62]

In relation to the situation of Haitians, it should be considered that if the Haitian Constitution grants nationality by application of the theory of jus sanguini, such a provision effectively renders third generation descendants stateless, at least during the first 18 years of their lives.[63] In the meantime, and in accordance with the provisions of the 1973 Constitution, minors of 18 years of age, born on the territory after 10 July 1973, are granted a certificate of identification issued for five years. This certificate allows them to move freely within the country, but is not equivalent to a passport that allows them to open a bank account, travel abroad or vote.[64] Much more, since 2014, and with no improvement since the adoption of the Global Compact, the author, Abdul Knowles notes that

Bahamian authorities implemented a new immigration policy requiring everyone living in the Bahamas to have a passport of their nationality. This replaced certificates of identity that were previously issued, including persons born to foreign parents legally residing in The Bahamas. In addition, identification documents previously issued to children of illegal Haitian residents were discontinued. This leaves many Haitian-Bahamian stateless. After the age of 18, Haitian-Bahamians can apply to be legally recognized, however, approval is not guaranteed. Many Haitian-Bahamians hold Haitian passports after turning 18. However, according to one Haitian diplomat interviewed, ‘the Bahamian government has created a maze of rules and processes for Haitian-Bahamians seeking citizenship. It can take between 2-6 years to obtain citizenship, which is not guaranteed’ (Mesamours, 2018). Therefore, securing legal documentation which recognizes them as legal residents is a basic goal of Haitians, since without documentation, they are unable to accomplish things necessary for their livelihoods. These include, opening a bank account, getting a driver’s license, buying a home, etc. Previously, children of Haitian migrants were permitted to attend government school with Haitian identity cards. However, without Bahamian residency, it has become increasingly difficult.[65]

In 2012, following the general election that brought Perry Christie to power, the government appointed a commission chaired by Senator Sean McWeeney to make proposals to strengthen fundamental rights and freedoms, with a particular focus on provisions relating to citizenship. The commission submitted its report in 2013[66] and highlighted the legal uncertainty faced by young descendants of Haitian minors. It suggested the establishment of a think tank to propose amendments to the Constitution, which, to date, has not yet been made.

Nor has the country’s subscription to the Global Compact provided any impetus for a reduction in statelessness. The U.S. Department of State’s 2021 report notes that

Not all individuals born in the country are automatically afforded citizenship. For example, children born in the country to non-Bahamian parents, to an unwed Bahamian father and a non-Bahamian mother, or outside the country to a Bahamian mother and a non-Bahamian father do not acquire citizenship at birth. The government did not effectively implement laws and policies to provide certain long-term residents the opportunity to gain nationality in a timely manner and on a non-discriminatory basis. There was little progress in advancing legislation intended to address the issue of statelessness.[67]

Such a situation is most often a source of renunciation on the part of the persons concerned, none of whom are in a position to apply for citizenship, preferring to give up for fear of deportation or loss of future claim to Bahamian citizenship. According to the U.S. Department of State report,

In two separate cases, persons born in The Bahamas to non-Bahamian parents were still awaiting the government’s determination on their nationality—one had waited 19 years and another 21 years—after submitting their applications. In both situations the individual relied on their employer to sponsor and renew their work permits each year to maintain legal status.[68]

However, some progress has been made during the Covid-19 pandemic, as the government, in order to ensure the continuity of the online education service, has provided tablets to all children, including those without legal status.

***

The legal framework regarding citizenship in the Bahamas produces exclusion, particularly with regard to Haitians and requires legislative changes on the part of this State. Efforts in 2016 by the government to amend nationality laws, with the intention of granting equal rights to men and women in the transmission of nationality to children, did not succeed.[69]

However, the Bahamas is showing signs of change, the Bahamas’ interest in the Global Compact reveals a desire for change, even if efforts remain to be made in terms of more inclusive migration that respects migrants’ rights. By way of illustration, the 2020 report notes that during the Covid-19 pandemic, the government provided computer tablets to students enrolled in the government-subsidized school lunch program, including children without legal status.[70] However, and more generally, the example of the Bahamas is emblematic of difficulties to implement a genuine public policy on migration at the international level. This last one is irrepressibly hampered by migration policies that oscillate between an obsession with security and the importance of sovereignty, thus hindering a vision of migration as a positive engine for change in societies and a factor in the construction of national identities.