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ID cards are not a breach of human rights, says Commission

Human Rights Commission chairwoman: Venous Memari

Identity cards for expat workers would not be in contravention of human rights, according to the Human Rights Commission.

The organisation's chairwoman Venous Memari released a statement yesterday laying out the appropriate legislation.

"The law relating to the carrying of ID cards was passed in 1997 (by way of an amendment to the Bermuda Immigration and Protection Act 1956) (the 'Immigration Act') and came into effect in 1999. The law is clearly set out in section 66 of the Immigration Act.

"The issuance of ID cards is consistent with the Minister's (Labour, Home Affairs and Housing) powers to make regulations in respect of the 'form' of the identification under section 68(1)(a) of the Immigration Act.

"Under sections 64 and 65 of the Immigration Act, employees without a valid work permit and employers who employ someone without a valid work permit commit an offence under the Immigration Act.

"Pursuant to its education mandate, the Human Rights Commission has now reviewed all relevant legislation in this respect and takes the view that this piece of legislation does not offend human rights."

Immigration Minister David Burch announced last week that guest workers will be issued with ID cards as part of a Government crackdown on illegal workers.

Although he said the measure was primarily to tackle complaints of people working without work permits in the construction industry, the move has been widely criticised.

Sen. Burch said the scheme was "not designed as a Gestapo tactic" but to help ensure every qualified Bermudian is employed as the Island protects itself against the global economic downturn.

The Minister said: "This card will greatly assist the Compliance Department when they are out in the field investigating complaints that have been received of persons working without a work permit or persons working outside their job category.

"During investigations, when approached by members of the Compliance section, guest workers can readily produce their ID card and prove that they are working within the parameters of their work permit.

"The objective is to ensure that every qualified Bermudian is employed prior to the issuing of a work permit."

The cards will feature a photo, name, employer, job category and ID number.

Shadow Labour Minister Shawn Crockwell however, described the move as "disrespectful" to foreign workers.

"We are really pushing right to the brink in terms of the hostile position this Government is taking to international business," he said.

Shadow Finance Minister Bob Richards meanwhile, said the scheme "smacks very heavily of Nazi Germany".

Mr. Richards told the House of Assembly everything should be done to keep international business happy as Bermuda braces itself for US President-Elect Barack Obama's expected assault on tax havens.

"It smacks very heavily of Nazi Germany where people had to carry ID papers," said Mr. Richards.

"All totalitarian governments have this, where in order for citizens or workers to move around they have to have papers. Whether it's Nazi Germany, the Soviet Union or an apartheid South Africa.

"It is an offence to right-thinking people. If we have to marshall senior people in international business to help us with our efforts in the United States for the onslaught that is coming — how can we expect them to respond positively when we are insulting them?"

Mr. Richards also told MPs: "Pretty soon we are going to be asking guest workers to have armbands with Stars of David on them. This kind of action is repugnant to any right-thinking Bermudian."

His comments sparked calls by Sen. Burch for his resignation. The Immigration Minister claimed that one of Mr. Richards' own companies was set to make $3 million from the scheme.

Accusing Mr. Richards of a "public display of dishonesty", Sen. Burch said Bermuda Information Technology Systems Ltd. (BITS) – of which Mr. Richards is a director and president, was involved in the project.

But the Opposition MP said his company had "no agreement in place to produce immigration ID cards". He said BITS was working for the Department of Immigration but was contracted to build a system which manages data which can then be used by third-party software systems to print ID cards.