MPs split over rights of long term residents
residents were designed to get the broadest range of views to help Government come up with the right answers.
Balanced panels were chosen to make them as politically diverse as possible.
"I would like to think that as the Minister with responsibility, I was seen as someone with no xenophobic or hidden agenda, an individual from whom no-one needed protection.'' Attendance was high because people felt they had a stake in the future of the island.
"Bermudians in particular were very clear that their needs, their hopes, their aspirations and their expectations were not to be treated as a footnote in these discussions.
"I have to admit I was both saddened and surprised at the alacrity with which individuals who did not like some of what was expressed at the meetings were dismissive and asserted that the meetings were divisive and disgusting.'' When only those with whom one agreed were allowed to speak we would be moving towards dictatorship, she said.
But Ms Cox contrasted the attitudes taken to views expressed at the long-term residents' meetings and those at public meeting on the Constitution.
One group was predominantly black, the other was predominantly white yet their feelings "in each case emanates from a discomfort and fear of the unknown and how any proposed changes will impact on them and their place in Bermuda.
"It is ironic that when you really delve and get under the skin of some issues, the reactions are not that different. There may be different phobias and different motivations, but we all bleed and get hurt when we feel, whether justifiably or not, that our views and voices are not being heard. We are not that different.'' She said both Bermudians and long-term residents who contacted her had thanked Government for having the opportunity to comment.
"We have a concern as a Government for those who are the minority, those who may be seen as the underdog, as for too long, that was our history.
"The sad and inescapable reality though is that many Bermudians felt that in this economic wonderland that is Bermuda, their needs have not been addressed.
"I would urge those who have publicly enjoined the community and the Government to be sensitive to the needs of the long-term residents: do not forget the poor and needy who are among you and who represent the mainstream Bermudian populace.
"I listened to the poignant comments of those who almost came to tears of frustration about why I as a minister of a PLP Government was moving forward on this issue when other pressing issues should take priority and precedence.
"I also listened to the hurt and the comments of the sons and daughters of long-term residents who thought they might have gained status but were operating on a mistaken assumption and misapprehension that the Government was saying that without the immediate grant of status, that this was tantamount to saying that tomorrow their parents were to be flown out peremptorily with no notice.
"They seemed to feel that we intended to separate families with no regard to issues of compassion. Some spoke softly. Some were belligerent. Some were arrogant. Some were humble. Some lectured and some were condescending. Some were just hurt and afraid.
"The reality when you take away the sound, the fury and the emotion, is that this Government has acknowledged that it feels it is time to bring some closure to this festering issue.
"Our needs must come first. That does not mean we deny others, but it does mean we position Bermudians at the top of the hierarchy of scale.'' She quoted the Green Paper which said: `Persons who came to Bermuda after July 31, 1989 came without a legitimate expectation that they would be allowed to stay indefinitely or gain Bermudian status.
`The challenge for any government is to ensure for the future that we do not perpetuate a system which allows people to stay indefinitely without being very clear that this will not give rise to a claim for Bermudian status or long-term residency'.
She said some Bermudians may have reacted angrily because they perceived the long-term residents has fired a "provocative opening volley'' by holding a press conference before the public meetings.
The Green Paper looked at a range of options including Permanent Residents Certificates (ARC).
She said immigration was on the front burner at the last election and the PLP had stated it would "implement a system of permanent residency to provide security of tenure to long-term residents''.
"At the same time a strict moratorium on the granting of Bermudians status will be maintained with a view to all citizenship issues being resolved when Bermuda ultimately decides its future constitutional position.'' The Green Paper was designed to prevent the scenario of encouraging guest workers to become long-term residents.
"The thrust is not to give any misleading impression to anyone that the grant of a work permit is a licence to put down permanent roots in Bermuda.'' She said in the White Paper which she will formulate, some will feel too much is given, others too little, and some will feel it is just right.
"We know the personal dilemmas for those who have felt that for all intents and purposes Bermuda has become their home. However, the objective criteria is the reality that Bermuda is 21 square miles and we have a population of 60-odd thousand.
"There is no land reclamation project or ability in any real feasible sense to grow the Island physically. There are some constraints.
"We also have to manage the legitimate expectations of Bermudians -- that includes those who are born here and who have already gained status legitimately.
"Emotionalism can have its place. People can feel they have an indivisible link to this country and that this is the tie that binds, and that alone should qualify them for preferred status.
"We agree. Where we disagree is the extent and the manner to which they get a preferred status among other non-residents.
"We say that the line in the sand that is to be drawn is to recognise and to acknowledge any contribution is to take into account of this through the grant of a PRC -- not full status.
"There is still a hierarchy of scale and while the long-term resident may feel he or she is a true Bermudian, there should and must be a distinction between long-term residents, notwithstanding their contributions, and Bermudians.'' Neither she nor the Immigration Board were without compassion. "There would have to be insuperable issues relating to conduct which would merit in our view the separation of parents from children who are here with the grant of status.'' Government and the private sector had established a working group to look at what the Island can absorb in terms of future development.
"A healthy society must be prepared to embrace all people of talent. Yet there are some considerations pertaining to quality of life and sustainable development which are crucial to the debate and how we go forward.'' Among the issues being looked at are: Relaxing the status laws for people who arrived before 1 August 1989; Relaxing status laws for long-term residents; Introducing permanent residency certificate similar to the US Green Card; Allowing the spouse of a Bermudian to get a PRC; Replacing the requirement to have worked a certain number of years with a minimum age of 40 for eligibility; Allowing a sibling of a Bermudian to have a PRC; Allowing condominiums to be available for sale to permanent residents; Allowing permanent residents to buy condominiums provided the annual rental value is above the minimum available for purchase by non-Bermudians; and Allowing permanent residents to buy houses in the top 20 percent of the market.
"The policy task is to coalesce as far as is possible the hopes of people to become status Bermudians and the right of the local community as an aggregate to sustain itself, to maintain its essential character, and to meet the needs of its people,'' said Ms Cox.
Shadow Home Affairs Minister Michael Dunkley said the debate had the potential to divide Bermudians and non-Bermudians.
There were no easy decisions to be made, but they must be made on the basis of "good common sense, logic and human rights''.
He recognised the UBP would be criticised for not dealing with the issue and he accepted it.
The LTR certificate was created on August 1 1989 when a moratorium was imposed on the granting of status.
The UBP held four public meetings, which led to the creation of the Working Residents Certificate in 1998, which was supposed to be an interim measure.
"As the current UBP MP with responsibility for this area, I am willing and able to stand here and take the flak for past perceived failures, or unfinished business of the UBP,'' he said.
"However, I recommend those who thrash the whip and salt the wounds, recognise that the Island prospered and thrived under the 30 years of UBP government. So let's move forward and encourage progress.'' He said the approach taken now by the PLP was similar to that taken by the UBP -- except that the UBP was willing to listen to the people before making a decision.
Mr. Dunkley said the roadshow was a "charade'' because Government had already taken its decision, so why was it wasting public money on the public meetings? Bermudians and non-Bermudians were smarter than to be taken in by the claim that their opinions would be listened to over long-term residents.
He claimed non-Bermudians who tried to meet Ms Cox had been rebuffed, but the minister interjected to say she was available to meet anyone on the subject and no one had been turned down.
Mr. Dunkley continued: "Government organised a process that they wanted everyone to believe would make a difference.
"In spite of the best intentions of many in the community who wished to participate, the Government from the very beginning hoodwinked many of us.
"It is out belief that the Island has benefitted greatly from the labour of many people, Bermudian and non-Bermudian. The immigration policy which has in the past, and still exists today under a PLP government, allows for work permits being issued to qualified applicants has played a large part in our success.
"It has allowed the economy to expand into areas that one would never have thought possible on the second most remote island in the world.
"We have witnessed the birth of international business, now the mainstay of our economy. With the downturn of tourism over the same period, this sector of our economy has kept us afloat. In fact, I am not too far off base to say that this sector is paying our basic bills.
Government: Put Bermudians first without it, the ramifications to the Island would be devastating. It is also pertinent to remember that our only natural resources are the beauty of the Island and the friendliness of our people. Sadly today, there is the perception we are losing a bit of both.'' He described Bermuda as a "modern day miracle'' that cannot stand alone. None of Bermuda's major hotels was owned by Bermudians, he said.
Bermudians provided 77 percent of the labour and created the infrastructure for the economic success.
"The UBP support the consideration of status for LTR before the cut-off date of August 1, 1989. We support inviting them to apply for status when and where a due process of vetting applications would take place.
"By and large, these people are here on the Island playing an integral role in the community. They will cause no further impact on the infrastructure as they have a roof over their heads, their children attend schools, and perhaps they are Bermudian, and they are currently using the transportation system.
"If you focus on the people who fall into the LTR, the Green Paper refers to an estimated 1,400 people eligible to apply for a WRC -- based on the 1991 census.
"Of this number, Government informs us that only 551 have applied (40 percent). If this is the case, it should not be assumed that large numbers of people would take up the invitation to apply for status.
"Of those 551 who applied for the WRC, 77 percent are over the age of 50, past their child-rearing years. Surely they will not add to our population at this point in time or in the future.
"LTRs know of no other home after so many years on the Island. Surely these people should be considered for status.'' Mr. Dunkley said a recent poll showed more than 50 percent of Bermudians were in favour of status for LTRs.
Mr. Dunkley said Bermuda's long term residents should be given status.
"They are long term residents by choice and not by accident,'' he said. "We should make them Bermudian by choice -- by our choice and by their choice.'' Works Minister Alex Scott was passionate about the issue.
He said it was an issue that should not be handled in a cavalier manner, but one that needed to be dealt sensitively and thoughtfully. And he praised Minister Paula Cox for the way in which she put her Green Paper presentation together.
But he also said that a lot of the concern and hurt felt by long term residents had been removed by the Green Paper.
And he said he believed everyone agreed that Bermudians and their rights should come first.
"There is tremendous sympathy and justice shown to long term residents in this Green Paper,'' he added.
But he said that had been disregarded by many of the people who had criticised Government, including church ministers.
He agreed that many of the public meetings during the summer were emotionally charged and passionate, but he said that was understandable when black Bermudians had been refused their rights for so many years.
"If they became a little emotional, Mr. Speaker, give some thought to the background,'' he added.
And he said he believed Bermuda had made guest workers and long term residents feel very welcome over the years, when other countries were less warm towards outsiders.
"Many of my colleagues have gone to Canada, the United States, and the UK and some, in actual fact, have been treated in less than a cordial way by the Government of those countries,'' Mr., Scott continued. "Some have been detained and some have been berated because they did not belong there. This Government has not treated people like that. We may not have given status, but we have made them welcome.
"Bermudians must come first. It does not mean others are second class citizens, but Bermudians in Bermuda must come first.'' And he said the PLP had always promised Bermuda that it would come up with a policy on long term residents and now it was delivering that promise.
"No-one is going to be ushered out of the Island or sent away packing. But we are not going to give a way the shop because it's too many lives.
"We are giving security to long term residents by giving them something they can use as comfort as they continue to reside in Bermuda.'' Shadow Finance Minister Grant Gibbons said the Green Paper failed to explain what impact long term residents had on the economic and tourist industries in Bermuda, and the environment and infrastructure of the country.
And he said because the report had taken only a "very superficial look'' at these issues it was flawed.
Bermuda would never be able to sustain its current economic status without overseas workers, and Government should be looking at what Bermuda needs in the future in terms of workers and expertise.
Many countries around the world were beginning to realise that globalisation was the way forward and in order to operate at their optimum level, outsiders were needed.
"Other countries are looking to reform immigration,'' he said. "In the UK, the work permit scheme is being turned on its head.
"Most other countries, because of the birth rate, are not sustaining themselves and their interests.'' Mr. Gibbons said Bermuda had accepted visitors with open arms and consider its relationship with them as a short-term affair.
However, Bermudians had failed to work out what kind of relationship they had with long term residents and guest workers.
"We all admit that we need them in Bermuda, but we tend to only be concerned with the negative things.'' Ottiwell Simmons (PLP) said it was important for Government to get the new policy right and he believed it would be.
He said: "Everyone finds Bermuda to be either the best or one of the best places in the whole wide world.'' But he said the problem was that the Island was restricted in size so steps had to be taken to ensure it did not become overpopulated, leaving Bermudians at a disadvantage.
"We are not being unfair to anyone,'' he said. "I remember when black people could not excel beyond the role of sergeant in Bermuda Police Service or the regiment.
"I get so annoyed with the background of this Country. We are going to right the wrongs of the former Governments.'' He said many foreign people who had come to work in Bermuda had benefited the Island, but he said they were enticed here by the United Bermuda Party deliberately to prevent black Bermudians from progressing and taking up better opportunities.
And he said it was time to ensure that the people of Bermuda were put first.
"We want to make Bermuda truly beautiful and generally beneficial to all people, but at no time do we want to give Bermuda away to those people other than those people who were born and bred here. They only have the disadvantage of one passport.'' And he said he believed guest workers and long terms residents never expected to get the same rights as those people born here.
Shadow Education Minister Tim Smith said Bermuda was lucky that it did not the same problems as many other, bigger countries, such as dealing with droves of illegal immigrants and refugees passing through their borders.
And he said in his opinion, Bermuda abandoned its immigration policy in 1989, instead just using the work permit scheme to monitor who came and left the Island.
He said: "We need to continue to encourage entry, settlement and sustainability for both Bermuda and the people we invited to our shores.
"In the past we have invited other citizens to the Island to work. We want people who have come here to feel a part of the community.'' And he said if the Island restricted all guest workers to short-term contracts, their commitment would be short-term and their interest short-term.
Quoting a US congressman, Mr,. Smith said long term residents had "played by the rules'' and a fair government would remember them.
Such people had brought their "intellectual, financial, and or physical'' attributes to make Bermuda what it is today and successive United Bermuda Party Governments balanced everyone's rights.
"I'm extremely patriotic about Bermuda,'' Mr. Smith said. "I have no intentions of moving away. But I have to say that I don't think I'm giving away our natural rights.'' Delaey Robinson (PLP) called the differences of opinion "a great divide'' and "these issues hit some deep chords''.
"Clearly over the past few decades the decks have been stacked,'' Mr.
Robinson said, in favour of European immigrants over "regional'' or people from the Caribbean.
"You can't argue with the numbers,'' he added. "The numbers speak for themselves. Five times more Europeans than people from the Caribbean. And out of those numbers it is therefore not surprising that there is this outrage which has been expressed.'' When he was challenged by Opposition Leader Pamela Gordon, that her party had no control over who applied and who got the jobs, Mr. Robinson said: "I'll clarify that for you! The people who provided the jobs were the same people in the oligarchy who were sitting up here making the laws.'' Government backbencher Wayne Perinchief said he would "stick my neck out'' and encourage Bermudians to do something they do not normally do -- read.
"I believe Bermudians seldom read. They'll watch TV or listen to these debates or talk show.'' But all the "wild speculation'', "rhetoric and negative aspersions'' on the Green Paper have come from the public not reading the paper itself, Mr.
Perinchief explained.
While Government cannot "abrogate its international responsibilities'' it also has a responsibility to the people of Bermuda, he added.
Mr. Perinchief also highlighted concerns that a grant of citizenship to any individual would mean additional people would have to also be accommodated -- like family members.
Allan Marshall (UBP) said Government had failed to pressure the British Government to push forward the grant of full citizenship to Bermudians which he said parallelled the plight of long term residents.
He called anything less than a full grant of Status "archaic'' in the light of negative employment rate and negative birth rate among Bermudians.
"I ask the question, how can this be a discussion paper when the Government has already stated its position on the most important point of the debate?'' Mr. Marshall added.
He called for anyone who had been in Bermuda for more than 20 years in 1989 to be granted status or "embraced'' as all our forefathers were.
Attorney General Dame Lois Browne-Evans said she felt sorry for the long term residents who had been on the Island for many years and had failed to take advantage of any opportunities for non-Bermudians to apply for status.
But she said the issue was a difficult one to solve and said the Portuguese Association and other interested long term residents should come up with some sort of figure of how many people are looking for status.
And she said they should also be asked to explain where future generations will be housed and educated if status is granted.
But the Attorney General said the UBP had also faced fierce criticism over the way it treated and handled non-Bermudians living in Bermuda in the past.
She said the churches were forced to get involved in 1972 because many Portuguese were being exploited.
And she said former Premier Sir John Swan went to great lengths to enlist Bermuda onto the Shipping Register.
However, she said when a Vietnamese ship went down and Bermuda was asked to take in 12 Vietnamese families, there was uproar.
After discussions in Britain, she said Sir John finally managed to reduce that number to seven people, but the issue showed how the UBP was against allowing just anybody to take up residency on the Island.
"The Progressive Labour Party has been speaking for these (types of) people for years,'' she said. "We spoke on human rights. If they are human beings, then treat them like human beings -- that is what we said.'' And she said she wanted people to stop staying that the PLP is polarising and dividing Bermuda.
"There was always a policy to divide in the UBP,'' she said. "Now they are saying they want to give status to everyone.
"That Government had until 1998, November 9. Until that day they had to work it out. It was not in their mandate and not in their platform.
"It is some people who are now stirring up the pot and doing it for political reasons.'' And she said she had a message for the people of Bermuda, if they could read over the "propaganda''.
"The PLP is the best thing that ever happened to this country and for them,'' she added. "They must take the reins, get over their fears and get over their intimidations. Breathe easily and live easily in this country. Thank God the PLP runs this country.'' C.V. (Jim) Woolridge (UBP), who was Home Affairs Minister in the 1970s, refuted the Attorney General's claims regarding that period and said he took positive steps to ensure that members of the Portugues community were not exploited in work and that the numbers of those gaining status were reduced.
But he urged Government to tread carefully.
He said if Bermuda was sympathetic to foreigners now, if it needed a favour from other countries in years to come, for example if unemployment became an issue and Bermudians needed to find work overseas, then it was more likely to be granted.
He said encouraging overseas workers to come to the Island, brought "infusion of talent'' and where executives of companies came, they also created around five positions for locals.
He said: "I'm trying to be positive on this issue. We must think positive.
"A lot of people say they don't want any people here and don't want status given to anyone, but a lot of those people saying this are first generation Bermudian. They came here and stayed here some how.
"People come here to do the jobs that Bermudians can't do or won't do.
"Every restaurant here is owned by people who came here from overseas. Why? "Work permits are a cushion. They can be reduced if needed. These people (on work permits) I feel sorry for. They are bashed all the time. They have no rights. The only thing they have is a piece of paper from immigration.
"We must treat people how we want to be treated. We have people overseas. We can't be global on one hand and be chintzy on the other hand.
"In the full context, yes, we have to be concerned about the rights of Bermudians. I also have concerns about housing and the land available.
"But the Minister must come up with a policy that is as fair as can be.
"We can't continue to drag up our grandmother -- we have to get on with it.
We can't continue with the hate-mongering. We must learn to live together or we have no future at all.'' Stanley Morton (PLP) praised Minister Cox for her presentation and said she had "grappled'' with the issue and been fair in her proposals.
He said there needed to be a policy set and it needed to be done properly, and he felt Ms. Cox was the person to see it through.
But he said when people came to the Island they should never have come expecting anything from Government.
And he said Government should never just grant status to just anybody.
Bermudians first: Alex Scott Give status: Michael Dunkley Birthright: Ottiwell Simmons