Privy Council sides with landmark court ruling on Bahamian citizenship

LONDON, May 5, CMC – The London-based Privy Council has upheld a ruling by Bahamas Chief Justice, Ian Winder, declaring that children born out of wedlock to Bahamian men are citizens at birth regardless of their mother’s nationality.

The constitution was previously interpreted as not automatically conferring  such citizenship until they reached the age of 18 to apply for citizenship.

Prime Minister Phillip Davis said the landmark ruling by Chief Justice Winder paves the way for the government  to amend the Bahamas Nationality Act to further equalise access to citizenship, an objective the Phillip Davis administration said it would pursue once the Privy Council rendered its judgement on the narrower citizenship issue.

The ruling by the Privy Council, the country’s highest court, follows a case dating back to  2020, where the plaintiff, Shannon Rolle, 24, had become a citizen through the normal application process.

In a statement Prime Minister Davis said “in light of the Privy Council’s recent decision to uphold the landmark judgement made by Supreme Court Chief Justice Ian Winder in 2020…I would like to express my support and commitment to ensuring that our country’s laws and policies are fair and just for all Bahamians.

“This ruling affirms that children born out of wedlock in The Bahamas to biological Bahamian fathers and foreign mothers are citizens of the Bahamas at birth and do not have to wait until 18 years old to apply for citizenship.

“The Privy Council’s decision marks an important step towards ensuring equal citizenship rights for all children, irrespective of their parent’s marital status. It is expected to impact the lives of many individuals in our nation positively.

“As Prime Minister, I am dedicated to building a more inclusive and equitable Bahamas. My government will work diligently to implement the Privy Council’s decision and review the existing citizenship legislation to align with this new development.

“Together, let us strive to create a Bahamas that embraces the principles of equality, justice, and unity, where each person’s rights are respected and protected under the law,” Davis said.

Attorney General, Ryan Pinder, KC, in a separate statement said he acknowledges the Privy Council’s decision to uphold the judgement.

“This decision affirms that children born out of wedlock to Bahamian fathers and foreign mothers are citizens of the Bahamas at birth and do not have to wait until they are 18 years old to apply for citizenship.”

He said the ruling is an important step towards ensuring equal citizenship rights for all children, irrespective of their parents’ marital status.

“It is expected to impact the lives of many individuals in our country positively. The Attorney General’s Office will work diligently to ensure the implementation of the Privy Council’s decision and to review the existing citizenship legislation in light of this new development.

“We would also like to take this opportunity to remind the public that the government remains committed to addressing other citizenship issues, including granting automatic citizenship to children born abroad to married Bahamian women and their foreign husbands.

The government will continue its efforts to create a fair and just citizenship framework for all Bahamians,” the Attorney General added.

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