I am a White Bermudian. I do not support either of Bermuda’s political parties. Recent events which have transpired in Bermuda’s political sphere have not changed the fact that I am, and remain apolitical.

I am, however, a Human Rights Lawyer who has been actively involved in several Human Rights Cases which have come before our Courts. With that, I firmly believe that the inherent dignity and equal and inalienable rights of all members of the human family are not only the foundation of freedom, justice and peace in this world, but also on this Island.

It is for these reasons that I now comment on recent propositions which have been put forward by the Progressive Labour Party in the Town Hall Meetings it has called concerning the grant of Bermudian Status to PRC holders.

In a leaflet Entitled Important Facts Removing the Myths, which was reportedly distributed at the first Town Hall Meeting held on the 26th of June 2014, it was stated that:

“Granting PRC holders status will allow these people to compete directly with Bermudians for employment. Current employment legislation stipulates a hiring hierarchy: —

FIRST: Bermudians

SECOND: Spouses of Bermudians

THIRDLY: PRC Holders”

I have carefully reviewed the employment legislation and have found nothing that creates such a hierarchy. If a person was granted a Permanent Resident Certificate, they are entitled to seek work alongside holders of Bermudian Status and Spouses of Bermudians without there being a legally mandated “pecking order”.

The Human Rights Act, 1981, to which all employment and Immigration Legislation is subject, instead requires that employers not discriminate against persons, presumably who have the legal right to work in Bermuda, on the basis of their place of origin. Section 6(9) of the Human Rights Act then goes on to say that preference in employment may be given to a “Bermudian” when that Employer is in the process of hiring new employees.

That section, however, does not require that preference shall be given to Bermudians first, then spouses of Bermudians and then PRC Holders.

The term “Bermudian”, however, is defined by the Human Rights Act, 1981 as being “a person having a connection with Bermuda recognised by the law relating to Immigration for the time being in force”.

While the “law relating to Immigration” refers to the Bermuda Immigration and Protection Act, 1956, it also refers to the Bermuda Constitution Order, 1968. The Constitution, in turn, recognises the rights of people who “belong to Bermuda” to reside and work in Bermuda while prohibiting laws that discriminate against such people on the basis of their “place of origin”.

Those who “belong to Bermuda” include Bermudian Status Holders, Naturalised Citizens of the UK Overseas Dependent Territories, Spouses of Bermudians and Children under the age of 18 years whose parents “belong to Bermuda”.

For that reason, while the Human Rights Act does allow for the preferential hiring of Bermudians over Expatriates, it does not allow for discrimination against those who “belong to Bermuda” on the basis of their place of origin.

This means that an Employer who refuses to hire or adversely treats a Spouse of a Bermudian, a Naturalised UK Dependent Territories Citizen, who may or may not be a PRC holder, or a child that “belongs to Bermuda” is in breach of the Human Rights Act.

It is for these reasons that I disagree with the notion that Bermudians will lose their primacy in competing for jobs against PRC holders should such PRC holders be granted Bermudian Status.

Under the existing legislation, which predated the recent ruling of the Chief Justice concerning PRC holders and their ability to apply for Bermudian Status, such Permanent Residents have the same rights to compete for jobs as holders of Bermudian Status.

While it is correct that an employer may discriminate against a PRC holder in favour of a Bermudian, it is not correct to say that such discrimination is presently required.

If an employer wishes to engage in such discrimination, great care should be taken to ensure that the PRC holder in question does not in fact “belong to Bermuda” if that employer does not wish to be found liable for breaching the Human Rights Act.

It is my hope that these comments will clarify this issue as the political debate concerning the right of PRC holders continues.

Allan Doughty is a Litigation Attorney who works with ISIS Law Limited