Senators discuss report into historical land losses
The Attorney-General and Minister of Justice is “encouraged” that action will be taken on a report into historical land losses after close to two hours of discussion in the Senate.
Kim Wilkerson moved that the Upper House note the Report of the Commission of Inquiry into Historical Land Losses in Bermuda, which was tabled in the House of Assembly in December 2021.
“This report is not simply a legal document,” she said.
“It is a record of homes, farms, churches and burial grounds, the families who lost them and of their descendants who still bear the harm of those losses.”
The commission found the actions that led to expropriations in Tucker’s Town in the 1920s and St David’s in the 1940s were lawful “as they were based upon provisions of various statutory instruments that received parliamentary approval”.
But its report added: “At the same time, the COI concluded that the procedures adopted in dealing with the expropriations were in many instances irregular because the bodies established to oversee the expropriations process exercised their power in an unfair and inequitable manner.”
A commission was initially approved by the House of Assembly in 2014 after being tabled by the late Walton Brown.
George Fergusson, then the Governor, rejected the request to form the commission but legislation was passed with bipartisan support to allow the Premier to appoint a commission without the approval of Government House.
The body held 74 hearings and considered 53 claims before producing its report in 2021, but debates by legislators on the report were delayed because legal issues related to the commission’s work were before the courts.
It is still to be confirmed what recommendations will be acted upon.
They include acknowledgement and memory, a formal apology, memorials, teaching of the history in schools and a museum in St David's.
Ms Wilkerson told the Senate: “Across the cases heard, there emerged a disturbing pattern wherein those with money, influence, power and access took land from those who did not have the means to resist.”
Tarik Smith, a One Bermuda Alliance senator, said: “Until this commission was brought forth and read in the House on the 25th of September, I didn't know much about it, but I've taken the time to read as many of the 500 pages as possible to understand.”
He added: “Many Black earners were just ripped out of their homes, not paid fairly. Yes, was it law? Yeah, it was, but it wasn't right, and that doesn't make it right. And so many people now have been fighting and now we have a chance to be a voice of the voiceless.
“So, as [Ms Wilkerson] said, in another place it was said that this can’t be a signpost, it can’t be a PR stunt, you know, it has to have teeth and I think we all agree on that.”
Ryan Robinson-Perinchief, the Minister of National Security, said: “This report is not about picking a wound.
“It's about admitting that there is a wound which was never acknowledged, a wound that never closed and continues to fester in this country.”
Meanwhile, Lauren Bell, the Junior Minister of Health, Economy and Labour, and Housing and Municipalities, said she was “humbled and honoured” for the opportunity to speak on the subject as a White Bermudian woman.
She said: “What struck me deeply in reading this report was how much of Bermuda’s history I was never taught.
“I have listened to fellow Black Bermudians speak about these events. And, for some, these were not stories first discovered in the history book or commissioners’ report.
“They grew up hearing them. These stories are a part of who they are. They heard them from their parents and their grandparents, their aunts, their uncles, their neighbours, stories of families who owned land, land that was lost, communities that were displaced and hurt that remained long after the original events.”
Ms Wilkerson thanked her colleagues in the Upper House for their views, speeches and understanding of the subject.
She added that Opposition leader Ben Smith had been in contact about forming a joint or bipartisan committee.
Ms Wilkerson said: “It really is about giving future generations of Bermudians, and particularly Black Bermudians, those who have been dispossessed — giving them a hope and a future.
“So, I am encouraged … that the work will be done, that this report will not sit on a shelf and that it will be actioned.”
Mr Smith announced plans to seek support in the House of Assembly’s November 7 meeting to form a bipartisan committee.
This committee, he explained, would be tasked with finding a fair way to handle unheard claims, questions and recommendations.
Mr Smith said: “For many Bermudian families, this is deeply personal.
“These are not just old land records or cases in a report. There are families who believe they were wronged and who have carried that hurt for generations. They deserve to know what happens next.”
The plan, according to Mr Smith, came from a recommendation from the Speaker of the House after a debate and letter.
He further highlighted the importance of bipartisan collaboration for this, explaining there was “common ground” between the parties in settling this.
Mr Smith said: “This does not need to become Government versus Opposition.
“Where we agree, let’s move forward together. Where there are difficult questions, let’s agree on a fair process for answering them.”
