Comparative regional report on citizenship law: Anglophone Caribbean
The shared colonial heritage also makes the region have distinct provisions for
individuals who were born prior to, and after Independence. Typically, the ability to acquire
citizenship (especially for the relatives and spouses of a citizen) was automatic during the
Independence era, but became a process of registration in the post-Independence era.
Throughout the subregion, with very limited exceptions, Commonwealth citizens also enjoy
special registration procedures because of this colonial legacy as well.
The colonial influence also impacts the gendered nature of some nationality
provisions, especially in countries like The Bahamas and, to a lesser degree, Barbados and
others in the area. As has been posited by scholars, the non-white, male political elite who
inherited the Westminster-style systems and laws in these countries did not necessarily
espouse gender equality at Independence. In fact, “West Indian progress and readiness for
self-government depended on black men behaving like men: leading their families, under the
aegis of marriage, and containing what was seen as the capaciousness of black womanhood”
(Robinson 2008, 748).2 Thus, making gender equality a political non-issue among most male
elites at the time.
Although The Bahamas contains the most glaring gender discriminatory provisions in
its laws (especially with regard to the inability of Bahamian women to pass their nationality
on to their children and foreign husbands on an equal footing to their male counterparts), the
report illustrates how other countries in the subregion continue to allow for gender
discrimination in their laws (whether in cases of joint adoption, the extension of citizenship to
noncitizen husbands, or transfer of citizenship through a deceased parent).
While some countries in the subregion are restrictive when it comes to women’s
rights to pass on citizenship, the Anglophone Caribbean is far more open in providing
noncitizens’ access to citizenship via CBI programmes. Although only five countries have
operational CBI programmes, as a proportion of the world’s total number of such
programmes, the Anglophone Caribbean accounts for the majority of countries at 38%.3
Although not a characteristic of the region���s citizenship laws per se, the Anglophone
Caribbean experiences mixed migratory movement and is a high-volume tourist destination.
These two features make for circumstances wherein the “noncitizen Other” is present on its
territories in varying degrees throughout the year. As noted later in the report, with the
exception of The Bahamas, the subregion has strong ius soli provisions, ensuring, in theory at
least, that children born of noncitizens are provided a nationality at birth, regardless of their
parent(s)’ citizenship status. That said, transparent and publicly available data is generally
lacking on citizenship acquisition (by immigration status or by parent(s)’ country of
nationality). Thus, it is unclear how these ius soli provisions apply in practice to the children
born of undocumented or “unauthorised” migrants.
Similarly, publicly available and transparent data is generally unavailable on the
number of citizenship grants provided to (“political”) refugees and stateless persons in those
countries that have provisions for their registration. Of the 12 countries, only three (Guyana,
Jamaica and St. Vincent and the Grenadines) have ratified the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families (United
Nations 1990), which stipulates, “Each child of a migrant worker shall have the right to a
2
3
2
See also Kamugisha (2007).
Thirteen countries have CBI programmes globally. See Financial Times, Ltd. (2019) for further information.
RSCAS/GLOBALCIT-Comp. 2020/3 - © 2020 Authors