Citizenship and the Independence question
In 1999, 51 per cent of Bermudians stated they would take independence rather than have closer ties with the United Kingdom; today less than 30 per cent report they support statehood. While winning public support for independence seems to be a key objective of Government this year, the publication of the Bermuda Independence Commission report-along with its attendant silences and controversies-and the recent round of public forums have produced no discernible increase in public support for independence.
Clearly, a great deal has transpired since 1999 to weaken Bermudian support for independence and Government would do well to understand why this shift has taken place if the quest for sovereignty is to be won. Many issues need to be understood in this respect: labour mobility, trade, investment, and security issues, for example.
One salient issue which touches every Bermudian in a direct and intimate way is that of citizenship. Many Bermudians feel so strongly about citizenship not because of any symbolic value in what flag is raised or national anthem is played at key events, but rather they are concerned about the practical benefits of being a British Overseas Territories Citizen versus a British Citizen versus a Bermudian Citizen.
When the British Government reinstated full British Citizenship for Bermudians and all other British Overseas Territories citizens in 2002 thousands began applying for British Passports. With this passport Bermudians are entitled to many of the rights and privileges of any other British Citizen, such as residency and employment rights within the European Union and travel benefits.
Bermudians holding such a passport, however, do not have equal political rights and therefore cannot vote or stand for office in any UK election. Let?s deal with the two main issues raised here: (1) the travel benefits of a British Passport versus that of a Bermuda Passport and (2) residency and employment rights in the European Union.
The Value of a Passport
Because of our propensity to travel (a product of our wealth), Bermudians cherish the visa-free restrictions currently enjoyed with many countries and attribute this to being under the British umbrella. Any discussion about independence has to confront this reality in a meaningful way if we are ever to push support for statehood beyond the 50 per cent threshold.
Currently, those of us who have a British Overseas Territories Citizen (BOTC) Passport are able to travel to many countries visa-free, including the US, Canada, the Schengen group of European nations (currently 15), Caribbean states and most of Latin America. Clearly this is not the same as a British Passport, for as the British Government points out on its website, BOTCs ?may need a visa that is not required by British Citizens? to visit certain countries.
Thus British Citizens do not require a visa to enter Thailand while BOTCs do. Holding a British Passport, however, does not guarantee visa-free access to all countries. Many African countries require visas for British, and for the matter, US citizens. The point here is that all passports have some visa restrictions imposed on them.
The concern expressed by a number of Bermudians is that a Bermuda Passport issued by an independent Bermuda will be worthless and they will be unable to travel so easily. This is an unfortunate misconception.
There is every reason to believe Bermudians will enjoy the same visa-free travel privileges and will more than likely gain additional ones. To begin with we enjoy a privilege currently held only by Canadians and Bermudians: visa-free access to the United States.
This privilege has been granted to Bermudians, by what many consider the most difficult country in the world to enter, because the United States Government knows and understands Bermuda. We obtained this privilege not because of our British link but solely because of the nature of our relationship with our American friends. The British do not currently enjoy this privilege.
Those Bermudians who hold both the British and Bermuda Passports know well to conceal their British Passport when entering the United States lest they be subjected to fingerprinting and a photographic scan. The United States Government has made it clear they see no need to alter this relationship should Bermuda become a sovereign state. This relationship puts Bermuda in very strong negotiating position on visa matters with just about every other country in the world.
The key to getting visa-free arrangements in place is dependent on a number of factors: (1) the number of asylum seekers from the requesting country (2) illegal immigration (3) patterns of criminal behaviour and (4) contentious political factors. Bermuda and Bermudians have not been party to any of these factors and we can reasonably expect to maintain visa-free excess to those countries we currently enjoy with our British Overseas Territories Passport.
Regarding countries which currently require visas we should simply pick those most important to Bermuda?s interest and begin bi-lateral discussions. There are alarmists who will retort that this is not guaranteed and that it is possible Bermuda will face isolation. This was unfortunately echoed by lawyer Wendell Hollis in a recent speech and later published in this newspaper. A more realistic approach is to examine what is likely.
The practice globally is to impose a visa regime either for political purposes (such as the US-Cuba relationship) or because of problems with nationals from a country. It is the latter, as we all know, that resulted in the visa requirement two years ago for Jamaicans seeking to enter Bermuda.
One way forward for Government is to begin discussions with countries-perhaps commencing with the Schengen group (the 15 member European group that allows free movement without having to show passports when crossing internal frontiers)-about the visa regime under an independent Bermuda in much the same way we did with the US. Whatever assurances could be obtained in this regard before any vote on independence would certainly calm fears Bermudians may have about the value of a Bermuda passport.
Alongside this, it should first be noted that size does not matter when it comes to a country?s passport being accepted or not, as some Bermudians seem to believe. The status of a passport and the rights and privileges extended to those holders by different states is always a consequence of information being shared between governments.
Whether or not an immigration officer in Tajikistan is familiar with Bermuda is irrelevant if her government has agreements in place with Bermuda and that information is duly passed on to the frontlines. Secondly, the confusion that sometimes arises when immigration officers examine Bermuda passports has to do with the fact that our passports do not indicate which country of which we are citizens.
There is no such thing as a Bermudian citizen, so the Government of Bermuda phrase on the cover means nothing. Having one?s travel document identified as a British Passport is a problem when the inside says British Overseas Territories Citizen. These arcane British constructions ? British Overseas Territories Citizen and ?Bermuda Status Holder? ? are not generally accepted globally and that is why we have confusion.
Imagine an immigration officer in Bermuda having to confront someone carrying a passport saying Canadian Passport at the top, Government of the Great White North at the bottom and inside the words Canadian Overseas Special Citizenship? For those who don?t want independence or don?t care to be bothered, the answer is simple: get a full British Passport and pull out your Bermuda passport only to enter Bermuda and the United States.
For those of us who do want to see Bermuda govern itself fully the answer is equally straightforward but requires a bit more effort: begin dialogue now to gain wide acceptance for a full Bermudian passport.
Residency and Employment Rights Overseas
The right to live and work in the European Union which all Bermudians now enjoy is seen by some as a tremendous prize which we should not want to throw away by becoming independent. What if we could achieve independence and still enjoy these rights?
And what if we had these rights not just in the European Union but also, possibly, in wider Europe, Canada, the United States and the Caribbean? My company, Research Innovations?s, recent Bermuda Poll showed that about one third of residents (33 per cent) are ?very interested? in having the opportunity to live or work in Canada, the United States, the UK and Europe. Smaller numbers (22 per cent) are similarly interested in the Caribbean.
Why not try to pursue opportunities for Bermudians as broadly as possible and not passively accept what has been handed to us because we are attached to Britain and Britain is part of the EU? The ability to live and work in Europe is a great opportunity, especially for young Bermudians; there are even more opportunities elsewhere and they too should be pursued.
How might this be accomplished? Essentially, we should begin discussions with these countries and blocs with a view toward securing residency and work quotas for Bermudians in recognition of the thousands of jobs we are providing for Americans, Canadians, Europeans (including British) and Caribbean citizens.
In the past there was an arrangement for Bermudian graduates of Canadian universities to be able to work for a period of time in Canada. If the Bermuda Government could secure 100 places for Bermudians in Canada, the United States and the EU annually, and do something similar for other countries whose citizens we hire to work here in large numbers, two remarkable things would be accomplished: opportunities for Bermudians worldwide would be expanded greatly and these arrangements would be in place whether we are independent or not.
Sceptics may dismiss this idea but clearly all the countries under discussion have immigration quotas in place and have a range of criteria for deciding how to apply them to nationals of different countries. The Bermuda Government should take up this issue as a matter of priority and determine what part of those quotas and criteria can be extended to Bermudians.
As the independence debate progresses there will be many issues subject to intense scrutiny and debate. Visas, opportunities abroad and the Bermudian passport will remain high in the public?s mind as they deeply affect important aspects of our connection to the outside world.
By taking away the uncertainty on some of the issues Government will be better positioned as it seeks to build popular support for a democratic and independent Bermuda.