{"id":154242,"date":"2022-06-22T10:31:30","date_gmt":"2022-06-22T14:31:30","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=154242"},"modified":"2022-06-23T11:57:40","modified_gmt":"2022-06-23T15:57:40","slug":"barbudans-tragedy-of-epic-proportion","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/barbudans-tragedy-of-epic-proportion\/","title":{"rendered":"Barbudans: Tragedies of Epic Proportion"},"content":{"rendered":"
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By Rawlston Pompey<\/strong><\/em><\/p>

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If there exist a law that has been declared \u2018Supreme,\u2019<\/strong> then it shall be \u2018Constitution Order of Antigua and Barbuda.\u2019<\/strong> If any law shows inconsistencies, then to the extent of such inconsistencies, irrespective of the \u2018Mischief Aimed,\u2019<\/strong> that law shall be void and the \u2018Supreme Law\u2019<\/strong> shall prevail [CO: 1981: Section 2]. Citizenship,<\/strong> looked at from a constitutional perspective, the related Section states for every \u2018Attorney General and Legal Affairs Minister\u2019 <\/strong>to gently remind himself of its contents.<\/p>\n

PRINCIPAL LEGAL ADVISER<\/strong><\/p>

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Moreover, if the holder of such office is the \u2018Principal Legal Adviser\u2019<\/strong> to the Government,\u2019 then, he\/she is legally-bound to advise those starved of constitutional knowledge. This provision unambiguously states; (a) \u2018\u2026Persons shall become citizens at the date of their birth, on or after the 1st<\/sup> November, 1981;<\/strong> and (b) \u2018\u2026Every person born in Antigua and Barbuda\u2019 [CO: 1981: No. 1106: Section 113].<\/strong> These are intended only to provide some understanding of the law, while at the same time, seeking to dispel apparent harbored fears that the \u2018Barbuda Land Act\u2019<\/strong> has lost its validity and applicability to the purposes it was duly enacted.<\/p>

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PERSPECTIVE<\/strong><\/p>\n

This commentary, looks briefly at; (a) <\/strong>\u2018\u2026The \u2018Appellate Judgment\u2019<\/strong> of the London-based \u2018Judicial Committee of the Privy Council (JCPC)\u2019<\/strong> against \u2018Appellants Mackenzie Morris Frank and Trevor Myke Walker:\u2019 (b) \u2026Sections of the Barbuda Act: (c) \u2026Barbuda Land Act (d) \u2026Sections of the Paradise Found (Project) Act\u2019 [No. 13 of 2015]; and (e) \u2026Sections of the Barbuda (Amendment) Act\u2019 <\/strong>It also looks at certain adversities encountered and past events on the \u2018Sister Island of Barb<\/strong>uda.\u2019 It further looks at the attitude of then \u2018Barbudan Leadership\u2019<\/strong> and a \u2018Culture of Litigation.\u2019 <\/strong>Though not necessarily intended to frustrate economic development initiatives, the efforts of the \u2018Modern Leadership\u2019<\/strong> shall be viewed from the perspective of \u2018Protection and Preservation\u2019<\/strong> of the green space on the island, if only for a growing \u2018Barbudan\u2019 population and expanding communities.<\/p>

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LAND – SAND – SEA<\/strong><\/p>\n

Constantly facing adversities and crises, including disasters that have been mercilessly descended by nature and man, \u2018Barbudans\u2019<\/strong> have always demonstrated the \u2018Will to Survive.\u2019<\/strong> There has been unemployment or under-employment. These have been accepted as among other reasons for their economic plight. With virtual lack of opportunities for gainful employment, residents depend on the \u2018Land, Sand and Sea\u2019<\/strong> for sustenance. The people have shown great resilience and adaptability to situations over which they lacked human control. None may deny that the existing state of indigence\u2019 and the possibility of dismantlement of a \u2018Generational Practice\u2019 <\/strong>of \u2018Land Tenure.\u2019 Rightly or wrongly, falsely or truly, many may have harbored the belief that they own the land in Barbuda. <\/strong><\/p>

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CITIZENSHIP: COLONIAL STATUS<\/strong><\/p>

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Respecting the \u2018Tenure of Land,\u2019<\/strong> it appears not to be consistent with the status of \u2018Citizenship\u2019 <\/strong>constitutionally conferred upon persons born in the \u2018Sister Island of Barbuda.\u2019 <\/strong>Looked at from two eras: (i) \u2018\u2026Under British Colonization: and (ii) \u2026After the attainment of political independence\u2019 [November 1: 1981]. <\/strong>While the \u2018Slave Mentality\u2019 <\/strong>may have reflected minor change in public administrators, the \u2018Colonial Status\u2019 <\/strong>of those so born on the \u2018Sister Island,\u2019 <\/strong>and are in occupation of residential plots, has yet to adjust to the concepts; (a) \u2018Modern civilization; (b) \u2026National identity; and (c) \u2026Social justice.\u2019 <\/strong><\/p>\n

HAPPINESS AND PROSPERITY<\/strong><\/p>\n

From the perspective of \u2018Landholding,\u2019<\/strong> with no constitutional protection, the overwhelming majority of the \u2018Barbudan\u2019<\/strong> people, have regarded the statutory enactments of; (i) \u2018The Paradise Found Act; and (ii) The Barbuda (Amendment) Act\u2019<\/strong> as intended to deprive them of the collective enjoyment of their considered a \u2018Common Patrimonial Legacy.\u2019<\/strong> These seem to run contrary to the purposes, framers of the \u2018Constitution\u2019 <\/strong>intended and included. There are two fundamental \u2018Principles\u2019 <\/strong>that state; (i) <\/strong>\u2018The people of Antigua and Barbuda assert their conviction that their \u2018Happiness and Prosperity\u2019<\/strong> can best be pursued in a democratic society; and (ii) <\/strong>A desire to establish a framework of \u2018Supreme Law\u2019 <\/strong>within which to guarantee their inalienable human rights, liberty, freedom and property\u2019 [CO: 1981: Principles C & E]. <\/strong><\/p>\n

TENANTS OF THE CROWN<\/strong><\/p>\n

Instructively, some 5 years<\/strong> after the \u2018Paradise Found Project\u2019 [2015]<\/strong> had been given legislative approval, the \u2018Principal Barbuda Act\u2019 <\/strong>was amended [1904: Chapter 42: Sections 4 & 5]].<\/strong> Enacted the \u2018Barbuda (Amendment) Act\u2019 [No. 7 of 2018]. <\/strong>This came some 11 years<\/strong> after the enactment of the \u2018Barbuda Land Act.\u2019 <\/strong>\u00a0The Act states: \u2018All persons inhabiting the \u2018Island of Barbuda\u2019<\/strong> shall be, and are hereby declared to be \u2018Tenants of the Crown.\u2019 <\/strong>Inserting a \u2018Restrictive Clause,\u2019<\/strong> it further states; \u2018Such persons shall neither hold nor deal with any land situate within the said island, save and except as herein appears by the provisions of this \u2018Act,\u2019 <\/strong>and subject to any \u2018By-Law\u2019<\/strong> made by the Council in that behalf\u2019 [Section 5: No.7 of 2018].<\/p>\n

INHABITANTS STATUS<\/strong><\/p>\n

In developing the point, more specifically on the \u2018Land Tenure and Occupation,\u2019<\/strong> this is what \u2018Slavery and Colonialism<\/strong> and Independence and Sovereignty\u2019<\/strong> says of those born on, and are in occupation of land in Barbuda. Firstly, the Act originally vested \u2018Crown Land in the Governor.\u2019 <\/strong>Then in a \u2018King Albert Edward Decree\u2019 [1904-1910] <\/strong>the inhabitants were declared to be \u2018Tenants of the Crown\u2019 [Sections 4 and 5: Chapter 42]. <\/strong>It is instructive to note that for the several centuries long enacted \u2018Barbuda Act\u2019 <\/strong>the \u2018Inhabitants Status,\u2019 <\/strong>then thrust upon the \u2018Descendants of Slaves\u2019<\/strong> has never been disputed, denied or legally challenged by those then, or generationally, subsequently born on the island.<\/p>\n

FORGOTTEN AMENDMENTS<\/strong><\/p>\n

In fact, \u2018Hansard\u2019<\/strong> could never show that the \u2018Barbuda Land Act\u2019<\/strong> had been; (a) \u2018Tabled in Parliament: (b) \u2026Repealed; or (c) \u2026Replaced; or (d) \u2026Amended with Deletions or Insertions; and (e) \u2026Duly given Royal Assent.\u2019<\/strong> Research, however, has revealed several seemingly \u2018Forgotten Amendments\u2019<\/strong> to the \u2018Principal Barbuda Act.\u2019 <\/strong>There have been \u2018Re-insertions of Sections 4 and 5.\u2019 <\/strong>To all intents and purposes, the enactment has been \u2018Shortly Titled; Barbuda (Amendment) Act\u2019 [No. 7 of 2018], <\/strong>repeated that which existed in the \u2018Barbuda Act of 1904<\/strong>\u2019 [Chapter 42]. Ironically, the \u2018Barbuda Land Act\u2019 <\/strong>was passed under the \u2018House Speakership of Chanlah Codrington\u2019 <\/strong>and \u2018Senate Presidency of Mackenzie Frank\u2019 [November 15, 2007]. <\/strong>The latter appeared not to have remembered its passage.<\/p>\n

GENERATIONAL PRACTICE<\/strong><\/p>\n

Undoubtedly, the time immemorial communal apportioned an occupation of land on \u2018Barbuda\u2019 <\/strong>has been a long \u2018Generational Practice.\u2019 <\/strong>Such practice has spanned over four centuries. The inhabitants of Barbuda, hold sacredly such occupation and tenure. They have always fought to preserve it, virtually free of commercialization and privatization. It now appears to be on the threshold of ending.\u00a0 They have long held issues over the \u2018Sand-mining Operations\u2019 that were seen as exploitative. The \u2018Barbudan Leadership\u2019<\/strong> have always argued that while revenues substantially flowed into pockets of the operators, that which flowed into the \u2018Barbuda Council\u2019<\/strong> was hardly beneficial to the people. The revenue derived, had been woefully negligible. \u00a0<\/strong><\/p>\n

FALSE SENSE OF BELIEF<\/strong><\/p>\n

Whether or not on \u2018Mainland Antigua or Sister Island Barbuda,<\/strong>\u2019 through an approved acquisitive process, be it private entities or Government, the \u2018Constitution\u2019 anticipates that people may legitimately own and occupy land within the nation. The ancestral off-spring and inhabitants of \u2018Barbuda\u2019 appeared to have shared a \u2018False Sense of Belief\u2019 <\/strong>that \u2018Land in Barbuda\u2019 had been bequeathed and owned by those that came before, those that came after, and shall continue with future generations. Those in occupation still feel, with or without \u2018Freeholding,\u2019<\/strong> the land belongs to all Barbudans. They may have been listening to the \u2018King for Barbuda- Bold Face\u2019 and \u2018King Short Shirt- Antigua is for Antiguans.\u2019 <\/strong>\u00a0Whether or not such belief would be dispelled, they shall now listen to the recently delivered \u2018Appellate Judgment\u2019<\/strong> by the \u2018London Privy Council\u2019 (JCPC).\u2019<\/strong><\/p>\n

REALISTIC PROSPECT<\/strong><\/p>\n

Consequent upon the \u2018Appellate Judgement,\u2019<\/strong> authored by \u2018His Lordship Andrew Burrows<\/strong> and Her Ladyship Vivien Rose,\u2019 <\/strong>the five-member Board unanimously concurred that that they shall advise \u2018Her Majesty\u2019<\/strong> that the Appeal shall be dismissed\u2019 [UKPC: 25: Paragraph 61].<\/strong> Reasons inferentially drawn, suggested that the \u2018Appellate Justices\u2019<\/strong> may have been saying to the appellants that our interpretation of the law was different to that of the \u2018Judge Alone Hearing.\u2019 <\/strong>The five-member Board of the \u2018London Privy Councilors\u2019<\/strong> determined that from the language of the law, \u2018Owned in Common,\u2019<\/strong> the Appellants had no \u2018Realistic Prospect\u2019 <\/strong>in succeeding in the Claim under the constitutional provisions referred [CO: 1981: Section 9 (1)]. <\/strong><\/p>\n

FALSE SENSE OF HOPE<\/strong><\/p>\n

Notwithstanding the apparent unanticipated \u2018Privy Council Judgement,\u2019<\/strong> those so aggrieved continue to feel betrayed and deprived. Their dreams, hopes and aspirations have all been shattered. Before the \u2018Privy Council Judgment,<\/strong> the \u2018Eastern Caribbean Supreme Court (ECSC) Appellate Justices\u2019 had ruled against the \u2018Litigants Mackenzie Frank and Trevor Walker.\u2019<\/strong> They may have been saying to them; (i) \u2018Let no one exploit your ignorance;<\/strong> \u2026Let no man bring further imperilment to your finance.\u2019 And advisedly; (iii) \u2026Let no man cause further judicial visitation upon this Judgment.\u2019 <\/strong>These may have been intended to dispel any existed \u2018False Sense of Hope.\u2019<\/strong> Such \u2018Hope\u2019<\/strong> may have been reinforced by the \u2018First Instance Court,\u2019 <\/strong>then under judicial consideration of \u2018Her Ladyship, Madame Justice Rosalind E. Wilkinson\u2019<\/strong> [ANUHCV: 2016\/0289].<\/strong><\/p>\n

DEPRIVATION OF LAND<\/strong><\/p>\n

Without a \u2018Land Certificate\u2019<\/strong> confirming legitimacy of \u2018Title,\u2019<\/strong> nothing brings \u2018Tragedy\u2019<\/strong> to the understanding of people than a harbored belief, based upon illusions or figment of imagination. This appeared to have been the experiences of l<\/strong>itigants\/appellants \u2018former Barbudan Senator and Chairman \u2018Mackenzie Frank\u2019 and Barbuda Member of Parliament and of the Barbuda Council and Local Government, \u2018Trevor Walker.\u2019<\/strong> Shocking as the \u2018Judgment\u2019<\/strong> may have been, there may still be no need for an enlightened Barbudan to continue to harbor feelings of deprivation of land not so bequeathed and\/or personally owned. The primary issue presented for \u2018Appellate Consideration\u2019<\/strong> was whether the enactment of the \u2018Paradise Found (Project) Act-2015\u2019 <\/strong>deprived the \u2018Appellants\u2019<\/strong> of a personal right or interest enjoyed pursuant to the \u2018Barbuda Land Act\u2019<\/strong> [Section 3: No. 23 of 2007].<\/strong><\/p>\n

FRICTIONS-FEUD-FIGHTS<\/strong><\/p>\n

Not infrequently there have been \u2018Frictions and Feuds\u2019<\/strong> as there have been \u2018Fights.\u2019 <\/strong>This has often been the case with \u2018Lease of Acreages\u2019 <\/strong>that have often been seen as far exceeded the development prospect of extended and future projects. The \u2018London Privy Council Law Lords and Law Lady\u2019<\/strong> were required to interpret the protection provisions contained in the Constitution\u2019 [Section 9]. From their judicial interpretations, they found neither \u2018Constitutional Entrenchment, nor Protection.\u2019 <\/strong>For academic understanding, in litigious proceedings \u2018Freehold\u2019<\/strong> had often been supported by documentary proof. This was particularly so when \u2018Ownership and Title\u2019<\/strong> seem to have constantly at variance.<\/p>\n

SETTLED LAW<\/strong><\/p>\n

That all shall now understand is that the \u2018Appellate Judgment\u2019<\/strong> has made land ownership and title, \u2018Settled Law.\u2019 <\/strong>The \u2018Privy Council Decision<\/strong>\u2019 has not only wounded the ego of the \u2018Appellants,\u2019 but also catapulted the island to the threshold of \u2018Privatization and commercialization of Barbuda land; Profitization on Leaseholds; and land speculation.\u2019 It has been the knowledge that under the guise of \u2018Foreign Direct Investments (FDI),\u2019 <\/strong>those that have acquired land on mainland Antigua had been accused of this latter practice. Though they anticipated public dissent, yet the three \u2018Appellate Justices\u2019<\/strong> may very well have been imploring the \u2018Appellants\u2019<\/strong> not to cause insults to their intelligence.<\/p>\n

LEGISLATIVE FRAMEWORK<\/strong><\/p>\n

Research has shown that in common law jurisdictions, \u2018Freehold\u2019<\/strong> is a common mode of ownership of \u2018Real Property\u2019<\/strong> or land. This also include immovable structures attached in the property\u2019 [Wikipedia].<\/strong>\u00a0 The land in Barbuda, has always produced rifts between the \u2018Barbudan and Antiguan Leadership.<\/strong>\u2019 Consequent upon the need for improved relations, both the \u2018Central Government and members of the Barbuda Council\u2019 <\/strong>had seemingly adopted a functional approach to issues that appeared to have been factionalized the people and keeping them apart.<\/p>\n

COMMUNAL LAND OWNERSHIP<\/strong><\/p>\n

Seeking to bridge the gap and to maintain national peace and orderly and responsible behavior, the \u2018National and Barbudan Leadership,\u2019<\/strong> seemingly with consensus and mutual respect and an agreed approach to the tenure of \u2018Land on Barbuda.\u2019 <\/strong>Thus, such necessitated a \u2018Legislative Framework.\u2019 <\/strong>Such shall encompass; (a) \u2018\u2026Communal Land Ownership; (b) \u2026Title to \u2026Land; (c) Purpose and use: and (d) \u2026Leasehold.\u2019 <\/strong>These may have been evident by the enactment of the \u2018Barbuda Land Act.\u2019 <\/strong>The enactment states; (i) \u2018\u2026All land in Barbuda shall be owned in common by the people of Barbuda: and (ii) \u2026The title to all<\/strong> land on Barbuda shall vest in the Crown on behalf of the people of Barbuda.\u2019 [Section]. <\/strong><\/p>\n

ENTRENCHMENT: BINDING THE CROWN<\/strong><\/p>\n

Even with such \u2018Good Will Gesture,\u2019<\/strong> an apparent fundamental \u2018Legislative Default,\u2019 whether or not <\/strong>due to inadvertence or \u2018Legislative Negligence,\u2019<\/strong> speaks the omission of \u2018Constitutional Entrenchment.\u2019 <\/strong>of This was of vital importance to the statutory provisions relating to \u2018Tenure of Land\u2019 <\/strong>and attendant rights. This shall have provided guarantee and protection under the \u2018Constitution Order\u2019 [1981: Section 9].<\/strong> The Legal Drafters appeared very careful in inserting into the \u2018Bill\u2019<\/strong> these particular Sections: (30) \u2018The Act Shall bind the Crown; and (31) \u2026It is the Government\u2019s intention to amend Article 123 (3) <\/strong>of the \u2018Constitution\u2019<\/strong> to specify the Act and the \u2018Barbuda Local Government Act\u2019<\/strong> in that Article and the Second Schedule of the Constitution and in no other way\u2019 Barbuda Land Act.\u2019<\/p>\n

PARLIAMENTARY GYMNASTICS<\/strong><\/p>\n

The \u2018Barbuda Land Act\u2019 h<\/strong>as made it clear that with such ownership; (i) \u2018\u2026No land in Barbuda shall be sold.\u2019 <\/strong>Conversely, in an individual capacity. Ensuring that the status quo of \u2018Commonality of Ownership\u2019<\/strong> prevails, the \u2018Barbuda Land Act\u2019<\/strong> states; (ii) \u2018\u2026No person shall acquire the ownership of any land by prescription or otherwise;\u2019 Section 5 (1) & (2)]. <\/strong>Then some \u201811 years later,\u2019<\/strong> for apparent reasons of political expediency, \u2018Parliamentary Gymnastics\u2019 <\/strong>saw a spectacular feat being pulled off by \u2018Legal Affairs Minister, Steadroy Cutie\u2019 Benjamin.<\/strong>\u2019\u00a0 Envisaging \u2018Constitutional Reform,\u2019<\/strong> Section continues; \u2018\u2026Until the Constitution is amended in accordance with Subsection (1), no amendment shall be made to this Act without the consent given by the Council and the people of Barbuda\u2019 [BLA: Section 31 (2)].<\/strong><\/p>\n

LEGISLATIVELY AMBUSHED<\/strong><\/p>\n

To all intents and purposes, political or otherwise, such \u2018Reform\u2019<\/strong> was \u2018Legislatively Ambushed.\u2019<\/strong>\u00a0 Legislators shining brighter than the \u2018Midday Sun\u2019<\/strong> befuddled the brain of \u2018\u2026Member of Parliament Trevor Walker; Former Senator and Barbuda Council Chairman, Mackenzie Frank and former Attorney General Justin L. Simon QC.\u2019<\/strong> Interestingly, nine particularized Sections <\/strong>speak to certain administrative matters. These include (a) \u2018\u2026Common Ownership; (b)<\/strong> \u2026Rights of the Barbudan people; (c)<\/strong> \u2026Powers and duties of the Barbuda Council; (d)<\/strong> \u2026Residential land; (e) \u2026Future development of land in Barbuda;<\/strong> (f)<\/strong> \u2026Existing Leases;<\/strong> and (g)<\/strong> \u2026Creation of a Land Registry on Barbuda\u2019 [BLA: 2007]. <\/strong><\/p>\n

PROJECT DEVELOPMENTAL HURDLES<\/strong><\/p>\n

After a decade in operation, and \u2018Project Developmental Hurdles,\u2019<\/strong> a majority in the bicameral Chamber, overwhelmingly voted its passage in both \u2018Houses of Parliament.\u2019<\/strong> Consequently, the very Sections that provided \u2018Common Ownership\u2019<\/strong> was amended. The enactment Shortly Titled; \u2018Barbuda (Amendment) Act\u2019 <\/strong>now states; (i) \u2018\u2026All land within the Island of Barbuda is hereby vested in the \u2018Governor General\u2019 on behalf of the Crown.<\/strong> In the \u2018Hurricane Amendment\u2019 <\/strong>to the \u2018Principal Barbuda Act\u2019 [Chapter 42],<\/strong> not only has Parliament empowered the Crown to have \u2018Freehold of Land in Barbuda,\u2019<\/strong> but also made \u2018Barbudan Tenants of the Crown.\u2019 [Barbuda (Amendment) Act\u2019 [Sections 4 & 5: No. 7 of 2018].<\/strong><\/p>\n

CONTENTIOUS LAND LEASES<\/strong><\/p>\n

A disruptive communal life, bedeviled by \u2018Contentious Land Leases\u2019 <\/strong>and a controversial \u2018Tourism Development Project,\u2019<\/strong> these have provoked the ire in the \u2018Barbudan Leadership.\u2019<\/strong> Rightly or wrongly, these have all been considered by \u2018Barbudans\u2019<\/strong> at home, as well in the Diaspora\u2019 as; \u2018Tragedies of Epic Proportions.\u2019<\/strong> Though appearing more fearful of man, than of the natural disaster, the evacuees adapted to conditions very well. This was said to have emerged from the compulsory evacuation of Barbudans, that speaks to a displacement to communities in places far removed from communal life obtained on the \u2018Island of Barbuda.\u2019<\/strong> For these and other reasons, their troubles appeared to have multiplied ten-fold with one of the most devastating \u2018Force of Nature\u2019 <\/strong>this century-Hurricane Irma\u2019 [September 6, 2017].<\/strong><\/p>\n

COMMUNITY LIFE<\/strong><\/p>\n

Residential and communal life had drastically change to conditions speaking to squalor and misery. Indigency, lack of disposable income and treatment not only provoked expressions of discontent, but also breathed contempt in the returning Barbudan residents. Housing, unemployment and several unresolved issues, some discussional and some litigious with principals of the contentious \u2018Paradise Found Project\u2019 <\/strong>appeared to have caused distress to some, more than the trail of destruction left by \u2018Hurricane Irma.\u2019 <\/strong>Fully aware and mindful of existed conditions and their indigent position, knowing from where the next meal and a stipend were coming, many evacuees took the conscious decision in extending their stay on mainland Antigua.<\/p>\n

HARSHNESS OF LIFE<\/strong><\/p>\n

When the \u2018Harshness of Life\u2019s\u2019<\/strong> realities visited upon the evacuees, including eviction and suppression of electricity at a particular \u2018Fort Road Shelter,\u2019<\/strong> it sparked complaints of unlovability, unlivability and intolerability. Many evacuees then opted to return to the island. Most found themselves living in conditions adverse to that previously enjoyed on mainland Antigua. Reduced to \u2018Tent Accommodation,\u2019<\/strong> life became the primitive norm. They were without basic amenities and inaccessibility to essential utilities. Returning to \u2018Community Life,\u2019<\/strong> many were said to have faced challenges of monumental proportion.<\/p>\n

BRUTISH AND TERRIFYING<\/strong><\/p>\n

As shelter situation changed, many \u2018Barbudan Evacuees\u2019<\/strong> saw conditions rapidly deteriorated. Then ultimately, living conditions became a nightmare, as life became troubling, \u2018Brutish and Terrifying.<\/strong>\u2019 While their physical beings had been on mainland Antigua, their hearts, thoughts and mind had wandered back over to the only place considered sacred and holds everything life has to offer. There was enough land for every Barbudan. They had peace of mind. They could go out of the Codrington village community into the bushy interior to hunt wildlife of the Fallow deer; wild pig; land turtle and crab; guinea fowl and whistling duck. On special holidays they could set up weekend camp into the hinterland.<\/p>\n

KNIGHTS OF NEW ARAGON<\/strong><\/p>\n

None may also deny that the persistent stymied efforts of the inhabitants, and open resistance to project developments and certain forms of investments, that whether real or imaginary, they believed may have brought grievous harm to the quality of life. History will show, and posterity will know, that modern day Barbudans have successfully resisted the \u2018Knights of New Aragon,\u2019 <\/strong>then known by the people as the \u2018Sovereign Order of Aragon\u2019 [1978].<\/strong> \u00a0<\/strong>The group of \u2018Mega-Rich Investors\u2019<\/strong> were said to have intended investment of millions in a \u2018Gated Community.\u2019 This was to<\/strong> encompass land running from \u2018Coco Point Barbuda\u2019<\/strong> in the south, northward to the \u2018Highland\u2019 at \u2018Two-Foot Bay.\u2019<\/strong><\/p>\n

ARTHUR NIBBS\/TYRONE BEAZER<\/strong><\/p>\n

This was clearly not the investment desirous on a land that had potential for conflict with both the investors and Central authority. Though not necessarily tribal in nature,\u2019 this was considered a \u2018Precursor to Tribal War.\u2019 <\/strong>The \u2018Knights of New Aragon\u2019<\/strong> were said to have comprised several billionaires and multi-millionaires. They had strenuously opposed to such project. Even the youthful and apparent resolute and energized native Barbudans \u2018Arthur Nibbs and Tyrone Beazer\u2019 <\/strong>had dropped hints of over-running the law enforcement agency. There had been persistent calls for \u2018Secession\u2019<\/strong> before the nation attained political independence [1978-1991-Law Enforcement Tenure].<\/strong> \u00a0Talks of returning the personnel back to mainland Antigua were not taken lightly.<\/p>\n

YOUTHFUL PATRIOTS<\/strong><\/p>\n

In defending mode, these youthful patriots had made it expressively clear that they were against any such \u2018Sovereignty: \u2026Order: or \u2026Aragon.\u2019<\/strong> Through the years, the fiercest \u2018Land Defenders\u2019<\/strong> have all been deceased, leaving their names, firmly etched in the annals of Barbudan history. \u00a0<\/strong>Likened to the overwhelming majority of Barbudans, they were ready to lay down their lives for anything that was worth fighting for. That which was then at stake, was the \u2018Generational Patrimony.\u2019 <\/strong>Individually, they may have been more exposed to endangerment to themselves, than of threat posed to the \u201810-member Law and Order Contingent,<\/strong> then posted on the island. Though \u2018Prime Minister Gaston Browne\u2019<\/strong> was not yet around, the \u2018Contingent\u2019<\/strong> had heard \u2018Bigger Dogs\u2019<\/strong> than these two barked.<\/p>\n

INTERNAL GOVERNANCE <\/strong><\/p>\n

Prior to the attainment of political independence, one administration had provided the islanders with the \u2018Barbuda Local Government Act\u2019 [1976: Chapter 44]. <\/strong>This allows for \u2018Internal Governance.\u2019<\/strong> Though such gesture appeared to have not produced the desired objective of improving relations between the \u2018Sister Island and Mainland Antigua.\u2019 <\/strong>Conscious, when relations between the \u2018Central Government of Antigua and the Barbudan Council and people\u2019 appeared to have been seriously strained, the then \u2018Baldwin Spencer-led administration\u2019<\/strong> sought to approach the discounted inhabitants with \u2018Terms of Endearment.\u2019<\/strong> The intendment was the restoration of the people\u2019s trust and confidence in the \u2018Central Government,\u2019<\/strong> while providing an avenue for them to pride themselves not only in their own pride and development, but also in nation building.<\/p>\n

PATRIOTS AND FORERUNNERS<\/strong><\/p>\n

The most notable \u2018Patriots and Forerunners\u2019<\/strong> in \u2018Barbudan Land Affairs\u2019<\/strong> and fighters for equal opportunity and administrative treatment of \u2018Sister\/Brother Islanders\u2019<\/strong> to those on \u2018Mainland Antigua,\u2019<\/strong> have been unrelenting in seeking to maintain some level of internal autonomy. The \u2018Indomitable Defenders\u2019<\/strong> included; (i) \u2018Claude Earl Francis [1971-1975: 1976-1978]; (ii) Sir Mc Chesney George [1960-1971]: (iii) Sir Eric Burton [1980-1989]; and (iv) Sir Hilbourne Frank [1989-2004].\u2019<\/strong> These leaders have exemplified themselves as the fiercest \u2018Land Defenders.\u2019<\/strong> They have held parliamentary representation for the island and its inhabitants. They have also distinguished themselves in persistent fights with the \u2018Central Authority.\u2019<\/strong><\/p>\n

INDIGENCE TO AFFLUENCE<\/strong><\/p>\n

Those fights were specifical to keep that which they have, for reasons of \u2018Generational Practice,\u2019<\/strong> collectively considered their \u2018Patrimony- 62 square miles of un-spoilt land.\u2019<\/strong>\u00a0 In recent history of the \u2018Barbudan Leadership,\u2019 <\/strong>for reasons of self-interest and wealth accumulation, some have sowed \u2018Seed of Treachery.\u2019<\/strong> As the fighting spirit of those leaders continue to be felt on the island, among the modern leadership have been those that have skillfully exploited the people\u2019s ignorance. Given electoral mandates, as the Barbudan electorate wallow in squalor and indigence, opportunism and selfishness have seen some leaders lifted themselves from \u2018Indigence to Affluence.\u2019<\/strong><\/p>\n

FREEHOLD – RIGHT TO TITLE<\/strong><\/p>\n

The inhabitants appeared not have made \u2018Freehold,\u2019 <\/strong>nor \u2018Right to Title\u2019 <\/strong>issues of grave concern. Yet on the issue of internal autonomy, local governance; land prescription; occupation, use and lease,\u2019 these have always prompted the Barbudan Leadership to cause visitations by the Courts. That which has been a long-established precedence has been the extant case \u2018Civil Appeal of Hilbourne Frank v Attorney General of Antigua and Barbuda.\u2019 <\/strong>The Appellate Judges of the intermediate Court, \u2018Their Lordships, Justices Sir Dennis Byron; Satrohan Singh; and Albert Redhead\u2019 <\/strong>had all concurred that \u2018Sir Hilbourne\u2019<\/strong> had no \u2018Locus stand\u2019 [CIV APP: No.1 of 1999]. <\/strong><\/p>\n

LEARNEDNESS AND SHREWDNESS<\/strong><\/p>\n

None may harbor doubts as to the legal \u2018Learnedness and Shrewdness\u2019<\/strong> of the \u2018Intermediate or Appellate Justices\u2019 <\/strong>of the \u2018Eastern Caribbean Supreme Court (ECSC).\u2019<\/strong>\u00a0 None may question the competency of the three-member panel of \u2018Judges\u2019<\/strong> in the persona of; \u2018Their Lordships, Justices Mario Michel and Sydney Bennett QC and Her Ladyship Madame Justice Gertel Thom.\u2019 <\/strong>Though adverse to the \u2018Appellants.<\/strong>\u2019 These \u2018Appellate Justices\u2019<\/strong> first told the Appellants \u2018Harbor no further illusions and cause no further distress to yourselves. For, had this \u2018Judgement\u2019<\/strong> been visited by the \u2018London Privy Council\u2019<\/strong> or the \u2018Trinidad and Tobago-headquartered Caribbean Court of Justice (CCJ),\u2019<\/strong> the \u2018Judgement\u2019<\/strong> would have been the same.<\/p>\n

COMMONALITY OF OWNERSHIP<\/strong><\/p>\n

Even with statutory \u2018Commonality of Ownership,\u2019<\/strong> The \u2018Privy Council\u2019 ruling finally brough end to the long-harbored beliefs that \u2018Land in Barbuda\u2019<\/strong> was bequeathed and that ownership and title reside in the islanders. Firstly, the \u2018Appellate Justices\u2019<\/strong> of the \u2018Eastern Caribbean Supreme Court (ECSC) <\/strong>had not concurred with its esteemed Justices, \u2018Her Ladyship Justice Rosalind E. Wilkinson.\u2019 <\/strong>Either for reasons of misinterpretation of the statutory and constitutional provisions or grave misdirection to herself. Incidentally, in the \u2018Court of First Instance,\u2019 <\/strong>the learned Justice ruled that the \u2018Appellants\u2019<\/strong> enjoyed a personal \u2018Claim of Right,\u2019<\/strong> contingent upon \u2018Commonality of Ownership.\u2019 <\/strong>This, the Justice believed enjoyed guarantee and protection under the Constitution [CO: 1981: Section 9 (i): ANUHCV: 2018\/0006: June 30, 2020]. <\/strong><\/p>\n

PROPERTY RIGHTS<\/strong><\/p>\n

That which may have also added to their misery may have been lack of commonality of understanding of the functional role and responsibility of the \u2018Central Government.\u2019 <\/strong>At the \u2018Apex Court,\u2019 f<\/strong>our \u2018Law Lords <\/strong>and a Law Lady,\u2019 <\/strong>judicially removed any harbored beliefs from the heart any mind, not only of the \u2018Litigants\/Appellants Frank and Walker\u2019 <\/strong>and their learned attorneys, but also those of every \u2018Barbudan man, woman and child at home, and in the Diaspora. Their Lordships and Ladyship\u2019 <\/strong>agreed that \u2018Land Rights\u2019<\/strong> claimed by the appellants have never attracted the protection of \u2018Property Rights\u2019<\/strong> contained in the constitutional provisions [CO: Section 9]. <\/strong>In fact, at the \u2018Intermediate Court,\u2019<\/strong> the \u2018Board of the Judicial Committee\u2019 <\/strong>supported the appellate ruling of Justice Bennett [ANUHCV: 2018\/0006: Paragraph 54].<\/strong><\/p>\n

DISHEARTENING AND DEVASTATING<\/strong><\/p>\n

As has been in the past, today, relations over the \u2018Ownership, title-holding, control, disposition and tenure of land in Barbuda,\u2019 appear starved of harmony. Litigious proceedings continue. Apparently, gravely and ill-advisedly, some have been instituted in the persona \u2018Mackenzie Frank and Trevor Walker.\u2019 <\/strong>These have seen the delivery of a most \u2018Disheartening and Devastating\u2019<\/strong> \u2018Judgment\u2019 <\/strong>by the London-based \u2018Judicial Committee of the Privy Council (JCPC).<\/strong> While there was still another accessible judicial avenue for redress, they shall have been minded or advised to divorce from their minds any erroneously harbored hopes.<\/p>\n

GENERATIONAL PRACTICE<\/strong><\/p>\n

None may deny that the project was troubled by the obstructive tactics employed by the litigious-minded \u2018Barbudan Leadership,\u2019<\/strong> the principals, may also have been heartened by the expeditious way the \u2018London Privy Council\u2019<\/strong> had disposed of the hearing. Buoyed by expedition was one thing, yet an adverse \u2018Appellate Judgment\u2019<\/strong> could see ego wounded and ambition shattered. hopes dashed and aspirations shattered. Though not necessarily peculiar to the \u2018Sister Island of Barbuda,\u2019 <\/strong>in one fell swoop, many centuries of \u2018Generational Practice\u2019<\/strong> of the \u2018Tenure of Land\u2019 <\/strong>ended.<\/p>\n

GUIDING APPELLANTS BELIEF<\/strong><\/p>\n

The Judgment, bringing no judicial relief to the appellants, their attorneys, and no hopeful news to the rest of the inhabitants. The five eminent British Jurists and Board Members of \u2018Her Majesty\u2019s Judicial Committee of the Privy Council (JCPC),\u2019<\/strong> convened the appellate proceedings. Then in just one day, expedited the hearing [May 3, 2022]. <\/strong>Then less than two months later, delivered the \u2018Judgement [June 13, 2022]. That which shall be clearly understood by all a sundry, the \u2018Appellate Decision\u2019<\/strong> shall now guide the appellants belief that not only that \u2018Ownership and Title to Land in Barbuda,\u2019<\/strong> have been restituted to the \u2018Governor General\u2019<\/strong> on behalf of the \u2018Crown\u2019<\/strong> as amended [Barbuda (Amendment) Act: No 7 of 2018;<\/strong> Barbuda Act: Chapter 42: Sections 4 & 5].<\/strong><\/p>\n

LOCUS STANDI<\/strong><\/p>\n

Instead, the \u20185-Member Privy Councilors<\/strong> appeared to have directed their attention on the \u2018Locus Standi\u2019 <\/strong>and persona of the Appellants \u2018Mackenzie Frank and Trevor Walker.<\/strong>\u2019 The former, a \u2018former Senator and Chairman of the Barbuda Council,\u2019 while the latter a currently serving \u2018Member in the House of Representatives.\u2019<\/strong> By virtue of such status, he is accorded statutory membership on the \u2018Barbuda Council.\u2019<\/strong> This is provided in the \u2018Barbuda Local Government Act\u2019<\/strong> [Section 4: Chapter 44].<\/p>\n

NON-APPLICABLE SECTIONS<\/strong><\/p>\n

Then seemingly, for the avoidance of misunderstanding or confusion, Parliament identified and specified certain Sections of the \u2018Barbuda Land Act\u2019<\/strong> that speaks to \u2018non-Application\u2019 <\/strong>to the \u2018Paradise Found Project\u2019 [Sections 6: 17: & 19: No. 23 of 2015].<\/strong> That which is incidental to the project and given circumventive and legislative waivers have been; (i) \u2018\u2026Negativing Cabinet approval by Cabinet: (ii) \u2026Obtaining the consent of a majority of people on Barbuda for major developments in accordance with this Section [Section 6].<\/strong> Instructively, from an operational perspective, the principals of the contentious \u2018Paradise Found (Project),<\/strong>\u2019 are legislatively grounded to act independent of these governmental administrative Acts.\u2019 In effect, this provides autonomy only to the project owners\/operators. As far as national sovereignty is concerned, the non-applicability of the referred Sections, suggests that the principals may operate an \u2018Autonomous Sovereignty,<\/strong>\u2019 governed only by its own law.<\/p>\n

LEGAL ISSUES<\/strong><\/p>\n

Whether or not by prescription or bequeathment or otherwise, owners of land shall show documentary of proof of the issuance of \u2018Certificates of Title.\u2019<\/strong> In the litigious proceedings, likened to the \u2018Eastern Caribbean Supreme Court (ECSC),\u2019<\/strong> Board members of the \u2018London Privy Council\u2019<\/strong> had divorced themselves from administrative rumblings. They strictly focused on the \u2018Legal Issues,\u2019 <\/strong>then under appellate consideration. The \u2018Board\u2019<\/strong> gave acute appellate consideration and disposed of them and dismissed the \u2018Joint Personal Frank\/Walker Claims\u2019 regarding: (a) \u2018\u2026Deprivation of land; and (b) \u2026Unconstitutionality of the Paradise Found Act.\u2019 <\/strong>\u00a0An administration, whether or not forced by economic necessity, runs the risk of its of inviting the wrath of its citizens.<\/p>\n

CONCLUSION<\/strong><\/p>\n

From an economic perspective the \u2018Constitution\u2019 anticipates that forced by \u2018Economic Necessity\u2019<\/strong> or for public use, the \u2018Government\u2019 <\/strong>of the day, might be so challenged as to compulsorily acquire privately-owned property. In the instant situation, for improved relations, functional cooperation, national unity and stability, rational conversations shall not only result in rational decisions. These shall also be tempered with reasonable actions. Therefore, <\/strong>not only shall there be dialogue at all levels, but also commonality of understanding by the parties involved, showing mutual respect, amicability of agreements, based upon consensus, and speak to issues, taking into consideration the people\u2019s concerns, and the overall national economic and security interests. ***<\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

By Rawlston Pompey If there exist a law that has been declared \u2018Supreme,\u2019 then it shall be \u2018Constitution Order of Antigua and Barbuda.\u2019 If any law shows inconsistencies, then to the extent of such inconsistencies, irrespective of the \u2018Mischief Aimed,\u2019 that law shall be void and the \u2018Supreme Law\u2019 shall prevail [CO: 1981: Section 2]. […]<\/p>\n","protected":false},"author":3,"featured_media":153760,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-154242","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nBarbudans: Tragedies of Epic Proportion - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/barbudans-tragedy-of-epic-proportion\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Barbudans: Tragedies of Epic Proportion\" \/>\n<meta property=\"og:description\" content=\"By Rawlston Pompey If there exist a law that has been declared \u2018Supreme,\u2019 then it shall be \u2018Constitution Order of Antigua and Barbuda.\u2019 If any law shows inconsistencies, then to the extent of such inconsistencies, irrespective of the \u2018Mischief Aimed,\u2019 that law shall be void and the \u2018Supreme Law\u2019 shall prevail [CO: 1981: Section 2]. 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