Anthony L. Hall is a descendant of the Turks & Caicos Islands, international lawyer and political consultant - headquartered in Washington DC - who publishes his own Internet Weblog at www.theipinionsjournal.com offering commentaries on current events from a Caribbean perspective

The Americans have issued these extraordinary threats because the Bahamians have, thus far, refused to breach their government’s repatriation agreement with the Government of Cuba - to release Cuban illegal immigrants being detained in The Bahamas to Florida authorities instead of repatriating them to Cuba, as required by this agreement.

But this conflict has gotten completely out of hand. And, even though they stand on firm legal and moral ground, Bahamian authorities bear some blame for their country’s shaky political predicament.

Here’s the background on this conflict and how The Bahamas should resolve it:

Miami-based Cubans enjoy considerable power in American politics. And politicians will do almost anything to curry favour with them (recall the 2000 presidential elections). Indeed, there’s no more persuasive testament to that power than their getting former U.S. President Bill Clinton to support the "wet-foot, dry-foot" law, which is at the centre of this simmering international conflict.

However, few people seem to know that this policy originally envisioned allowing Cubans and Haitians who reached U.S. soil (dry-foot) to become naturalized U.S. citizens; whereas, those stopped at sea (wet foot) would be summarily repatriated.

Indeed, Clinton sold the U.S. Congress on the proposed law by claiming that it would prevent a repeat of the Mariel boatlift – which brought 125,000 Cubans and 25,000 Haitians in waves to South Florida over a six-month period in 1980.

When finally enacted, however, the law provided safe harbour only for Cuban refugees. But, in due course, it was exposed as de facto racist when many more Haitians continued fleeing political persecution in Haiti than the number of Cubans who continued fleeing Cuba.

(And this was so - notwithstanding presumptions that the reverse would be the case after Clinton reinstalled the putative democratic government of Jean Bertrand Aristide.)

Therefore, many more Haitians than Cubans were interdicted at sea and sent home. Moreover, even those who made it to the U.S. were invariably detained and repatriated to Haiti.

Yet, from the mid-1990s to this day, the U.S. government has enforced this demonstrably racist law with impunity and without apology.

In fact, such is the hegemonic regard for this law when it comes to U.S. - Caribbean relations that Cuban Americans seem to think it has extraterritorial force throughout the entire hemisphere.

Indeed, this is why Bahamian authorities are grappling with the awesome challenge of disabusing these Miami-based Cubans - despite their politically opportunistic enablers - of the presumption that The Bahamas should apply this perverted American law by adhesion.

The relevant facts of this conflict are simple and undisputed: Two Cubans, David Gonzalez Mejias and Marialys Darias Mesa, are being detained in The Bahamas after entering the country illegally - purportedly in transit to the United States.

And, even though Congress never intended the wet-foot, dry-foot law to benefit Cubans who reach soil in foreign countries, Miami-based Cubans are lobbying political leaders in Florida to put pressure on the Bahamian government to treat these two Cubans as if the law applies there as well.

Of course, as indicated above, The Bahamas has its own law for dealing with illegal immigrants. And it calls for the repatriation of every Cuban who enters the country illegally, without exception.

Therefore, when Bahamian authorities apprehended these Cubans over 10 months ago they should have repatriated them immediately. Their failure to do so is clearly the proximate cause of their current predicament.

Moreover, their dithering has only emboldened politicians most beholden to Cuban Americans, like Florida Congressmen Connie Mack and Ileana Ros-Lehtinen, to threaten reprisals unless they breach their own law and release the Cubans to their Florida relatives.

In fact, just a few weeks ago, these (Republican) Congressmen warned that they would push for:

"rethinking the existing U.S. pre-clearance customs policy, congressional hearings that would re-examine the relationship between the U.S. and The Bahamas, and other (undefined) measures that could reduce their economic support of The Bahamas."

And, to give the impression that this threat is backed-up by the full weight and authority of the U.S. government, President George W. Bush’s brother, Florida Governor Jeb Bush, played the “good cop” by paying a courtesy call on The Bahamas on 20 February to say to the Bahamian government, diplomatically, what his Congressional delegation had been threatening so thuggishly. Namely that:

“I appreciate you listening to us as it relates to the (Cuban) detainees. The relationship that we have – the United States and The Bahamas – is very important…the fact that you would listen to our concerns suggests that you would act…and I am very grateful for it.”

Alas, the governor’s attempt at diplomatic coercion was promptly undermined by U.S. Ambassador to The Bahamas, John D. Rood, who expressed cocksure confidence that Bahamian authorities would, in fact, dishonour their agreement with Cuba, and scoffed: “Let’s face it what does Cuba have to offer the Bahamas?”

Clearly, this poignant rhetorical question conveys a not so subtle threat. Yet, although threatened, Bahamian Prime Minister Rt. Hon. Perry Christie seems unbowed.

Because after his meeting with Governor Bush, he told reporters that, as the leader of a “black country”, he takes fundamental exception to the way the U.S. discriminates in the enforcement of its wet-foot, dry-foot law against Haitians. In fact, PM Christie stated that:

“I told President Bush I am not going to condone that in The Bahamas, and I am going to fight against it…treating Haitians differently from how I treat Cubans….I am not going to bow to doing it.”

Indeed! However, given the prime minister’s principled defiance, one wonders why his government has detained these Cubans for over 10 months, when abiding by his country’s legal agreement with Cuba would’ve required repatriating them at least nine and a half months ago.

Nevertheless, he should repatriate them immediately and respond to the U.S. threats as follows:

Officially

Issue a statement expressing sympathy for the plight of the repatriated Cubans and respect for the understandable frustrations and concerns of their Miami-based relatives.

But state that, notwithstanding due regard for all those directly affected, the rule of law must be honoured consistent with the democratic principles Bahamians and Americans cherish equally.

End it by declaring that the Bahamian government is confident that the Bush Administration would agree that the decision to repatriate the Cubans was the only one that could be made under the circumstances.

Unofficially

Have the PLP Chairman or another unelected but respected individual share the Bahamian perspective on this story with the American people – on a national TV programme like the NBC Today show – during which he or she conveys the following:

That Bahamians have always enjoyed a very cordial relationship with Miami-based Cuban Americans and we see no reason for that to change.

That we are dumbfounded by Florida politicians who are threatening to impose sanctions against our country simply because our government honoured its legal obligations to another sovereign state.

That, of all countries, we thought the U.S. would be the first to endorse our government’s commitment to the rule of law. After all, that’s why the Clinton Administration defied these same Miami-based Cubans and returned that little innocent boy Elian Gonzalez to Castro. Likewise, our government was obligated by law to return those Cuban detainees.

That we wonder why politicians in Florida seem to think they have the authority to speak for all Americans, when they’re really only acting at the behest of a vocal minority of Miami-based Cuban Americans.

That we are a sovereign country and if the American government wants to impose sanctions against us for honoring the rule of law, then we expect to hear that from Washington, not South Florida.

And finally, that we regret and resent the juvenile attempt by Congressman Connie Mack of Florida to lay a guilt trip on our country saying publicly that “The Bahamas obviously fears Castro more than it values the friendship of the United States.”

Because it appears Congressman Mack wants us to fear America. And that’s why he and others are threatening us so irresponsibly. Moreover, it’s instructive that Castro has not threatened us.

But we are grateful that this unfortunate episode is behind us. And we are confident that the friendship, respect and goodwill that have always existed between the Bahamian and American people remain as reliable and assured as ever.

NOTE: I am confident that if Bahamian authorities execute these measures to resolve this conflict, The Bahamas will get through this predicament without any repercussion whatsoever.

ENDNOTE: Am I the only one who wonders why black American leaders like Rev Jesse Jackson, Al Sharpton, Harry Belafonte and members of the Congressional Black Caucus have not commandeered TV cameras to condemn these Florida politicians (especially Governor Bush) for attempting to bully PM Christie and The Bahamas; just as they’ve commandeered cameras to condemn President Bush for attempting to bully President Hugo Chavez and Venezuela and President Fidel Castro and Cuba? Or have I missed their protests…?