Government pledges help for land-loss families
Measures to assist families who have suffered from historic land losses will be introduced, along with physical memorials for communities lost.
Opening a debate in the House of Assembly on the Report of the Commission of Inquiry into Historical Land Losses, David Burt, the Premier, said the Government would move forward with some of the commission’s recommendations.
Mr Burt said that the commission had recommended the creation of a permanent mechanism to review claims and facilitate remedies.
He added that while the courts have ultimate jurisdiction over property disputes, it is often difficult for families who have suffered from historic land losses to know where to begin the process of seeking justice.
The Progressive Labour Party leader said he would task the Ministry of Home Affairs to develop a “simple, public interface” to help direct individuals to the appropriate bodies.
Mr Burt said the Government also accepted a recommendation to preserve the stories and history of the communities of Tucker’s Town and St David’s, including physical memorials.
He told the House: “The precise form and location should be determined following appropriate consultation, particularly with descendants and those with a direct connection to those communities.”
Mr Burt, however, said no decision has been made on proposals for compensation, stating that it was a matter that he wanted to hear the views of others.
The commission was initially approved by the House of Assembly in 2014 after being tabled by the late Walton Brown.
While Governor George Fergusson rejected the request to form the commission, legislation was subsequently passed with bipartisan support to allow the Premier to appoint a commission without the approval of the Governor.
The body held 74 hearings and considered 53 claims before producing its report in 2021, but debate on the report was delayed as legal issues related to the commission’s work were before the courts.
Mr Burt said: “For many years stories of land loss had been shared within families, but had never been subjected to any independent scrutiny.
“The commission inquiring to historic land losses gave Bermuda's the opportunity to bring forward those stories. to provide whatever records existed, and to have those claims examined.”
He said that the acquisition of both Tucker’s Town and St David’s were found to be lawful, but that powers were exercised in an “unfair and inequitable manner”.
Mr Burt said that while the government has landed on a position on some recommendations in the report, he said there were others that no final position had been determined.
Craig Cannonier, a One Bermuda Alliance MP, said there are still dozens of cases that have not been considered by a commission or the courts, but changes need to be made to give the appropriate bodies the teeth to deal with complaints appropriately.
He said: “It has to have bite. It just can’t be a PR exercise.”
Mr Cannonier said it will take more than a debate in the House to determine how to resolve legacy issues, but the issues should be hashed out.
Robert King, independent MP, said the first step should be a meaningful apology to those who were harmed by the historical dispossession of land, along with the establishment of memorials for the lost communities of St David’s and Tucker’s Town.
Diallo Rabain, the Minister of Education, said that he head about the history of Tucker’s Town from his grandmother and highlighted the story of St Philip African Methodist Episcopal Church, which was moved from Tucker’s Town 100 years ago this year.
He said: “They have moved the community, but they could not move its spirit. Our responsibility now is to make sure that that story is never moved out of Bermuda's national memory.”
Mr Rabain said that he had fully accepted the responsibility to incorporate the history of Tucker’s Town and St David’s into education on the island, stating that the preservation of history should not rely on a child having an elder to pass along their stories.
He said: “Our responsibility is to preserve, to research, to listen, to record and to teach because these stories no longer depend solely upon a grandmother remembering to tell her grandchild.
“Every Bermudian child, whether or not they have family connections to Tucker's Town and St David's, should understand it's not everybody else's history. It's Bermudian history.”
Dwayne Robinson, OBA backbencher, said that conversations about historic land losses can be difficult but they are important to determine how to best move forward.
He said: “Whether or not someone else kicked the can down the road, it's our can now and I hope that we do follow up on this and make sure that it gets done and that people are given the proper justice they deserve.”
Jaché Adams, the Minister of Public Works and the Environment, said that the debate was long overdue, stating that the commission’s report highlighted real stories of injustice that have impacted multiple generations.
He said: “I fully recognise that we cannot undo every poor decision made in Bermuda's past. What we can do is endeavour to ensure credible evidence will be taken seriously.”
Ben Smith, the Opposition Leader, said his father remembered being removed from his childhood home because his family’s land had been taken from him.
He said: “Those are scars that people carry with them throughout their life. That pain does not go away.”
Mr Smith said that it was important to drive home the island’s history to ensure that the same mistakes are not repeated.
He urged the Government to form a bipartisan committee as quickly as possible and to put recommendations in place with a timeline, to ensure action is taken quickly.
Mr Smith added: “The words need to lead to action and the action needs to happen immediately to all the families that have continued to suffer.”
Alexa Lightbourne, the Minister of Home Affairs, said the commission’s report highlighted the stories of communities that were broken apart that had been “edited out”.
She said: “When you remove a family from its land, you're not just removing them from their home.
“You're interrupting inheritance for generations, you're interrupting identity, you're interrupting memory and you're interrupting legacy.”
Renée Ming, a PLP backbencher, spoke of the legacy of Mr Brown.
She also said she was looking forward to speak openly about the report “and that we can reflect on these stories within the report”.
She said she also hoped that people can be able to “on these stories that are being broken down and shared with us from the various families”.
Kim Wilson, the Minister of Health, said the stories told by those affected “deserve respect”, adding that the debate on the issue needs to move from “history to action”.
She said: “The next step is action. Let us identify the recommendations that were contained in this report.
“Let us consider carefully the appropriate mechanisms for outstanding claims. Let us determine where legislation is required.
“Let us preserve the history of the communities affected and let us continue to listen to the Bermudians, whose families have carried these stories.”
Curtis Dickinson, a PLP backbencher, said the issue “is not simply a story about property”.
He said it was about people, power, perseverance “and ultimately, about whether the inheritance created by one generation can be protected for the generations that follow”.
He called on Parliament not to “prejudge matters” that belong before a court or another lawful process, but warned that “caution cannot become cowardice”.
Tinée Furbert, the Minister of Youth, Social Development and Seniors, said the findings and recommendations of the commission “are speaking to compensation”, adding that it is the duty of all to preserve and protect history.
Zane DeSilva, Deputy Premier and Minister of Housing and Municipalities, called for the establishment of a select committee to address the matter.
He said he wholeheartedly supported the motion, adding that he also support “a serious examination of compensation”.
Mr DeSilva said “if we can't compensate people monetarily, let's find another way to compensate”.
