OPINION: Antigua And Barbuda Government Erodes Private Property Rights

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ANTIGUA AND BARBUDA GOVERNMENT ERODES PRIVATE PROPERTY RIGHTS

by:  Yves Ephraim 

As a people whose forefathers were economic slaves, Antiguans and Barbudans should be particularly sensitive to any attempt by anyone, local or foreign, to diminish our freedoms in anyway. 

Some of the freedoms that are essential for the enjoyment of life are: freedom of thought, freedom of speech; freedom to enjoy or dispose your own property; freedom of movement; freedom of association; freedom of life; and freedom of your person; freedom of religion; freedom to support yourself.

History has demonstrated that freedoms are seldom taken away in one move.

What normally happens is that your freedoms are often eroded over time by many seemingly inconsequential concessions.

After some time when it is too late, you wake up to realise that you have no freedom at all.

It is said that to ignore the lessons of history is to be inclined to repeat it.

And we are indeed repeating the unpleasant consequences of history.

As a people we are so partisan in our views of the affairs of this nation that we seldom take the time to consider what makes any people truly free.

Blind political loyalty, whether it be to the ABLP or UPP, prevents critical thinking and careful consideration of what is in the best national interest.

Often times the best approach comes neither from the ABLP nor the UPP.

What people fail you realise is that the greatest threat to an individual’s freedom is the very government who was sworn to protect our freedoms.

In fact, a French politician in the 1800s, Frederic Bastiat, observed in his book “The Law”, that “the law [is] guilty of that very iniquity which was its mission to punish!” 

It is bad enough that we have to deal with thieves breaking in, but now our own government is gearing up to indulge in wholesale pilfer of our private property.

The objective of the law should be to protect the natural rights/freedoms of the individual. Unfortunately what we see is the increasing encroachment on our freedoms by the ruling elites with promises of prosperity, safety, public order or public health.

They convince us that it is a small price to pay and we take the bait.

History clearly teaches us that the less power we give government, the freer a population remains. Thomas Jefferson is thought to have said: “The natural progress of things is for liberty to yield and government to gain ground”.

It is therefore within this context that I must register my displeasure with this new bill to amend the Tax Administration Act, by lowering the bar for government to seize private property under the pretext of collecting outstanding tax. 

To me, the bill in its current form potentially grants the government the freedom to huff properties valued over $100,000 for simply owing a few hundred dollars to IRD. Government should not be allowed to seize anyone’s property unless the value of taxes owed is equal to or greater than 75% of the property value.

I see this bill as an attack on what I consider an individual’s inviolable right to his private property. There are some rights, in my opinion, that are worth protecting at any cost.

Before any government is given the permission to confiscate a private individual’s property, that request should meet a very high bar. 

Let us not forget that the freedom of slaves was not consummated until they were given land of their own.

The slaves found that when they were declared free in 1834, that they merely became trespassers on Massa’s land.

They were automatically law breakers for having no place of their own.

The various villages today are reminders of that reality in history. Land and freedom are inextricably linked.

When the government owes a private citizen, there is never recourse. For example, the government owes the people’s social security fund some $438M but what is the people’s recourse?

They simply have to sit and wait and hope.

Government should be held to the same standard that it expects of its citizens.

I am vehemently against any law that allows the government to simply “give notice” and then confiscate a private individuals property after 30 days.

This is a very low bar that can be abused. It is naïve to think that those who control the reins of power will never abuse it.

Our government is tied up in a legal battle with the original owner of the infamous Alfa Nero, where one of the claims is that “notice” was not properly served. 

In this very polarized country, I can see this new amendment being used as a tool to destroy perceived political opponents with ease.

At the very least, IRD should have no easier terms than that which already obtains for the process of foreclosure on private property.

A process that local banks have been working with for decades.

Antiguans who are concerned with having a free country ought to take note of what our legislators are doing, either through sheer ignorance of history or through questionable and willful intent.

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10 COMMENTS

  1. Please explain the process of getting an allodial title in Antigua.
    Where to start the process, and how long does it take.

    Do you have an allodial title for your property?

    Setting up a trust is doable but costly.

  2. I would like to amplify the point that is been made is this article. We can’t separate ourselves from our ancestral history.
    Our leaders should be aware and particularly sensitive not to offend the sacred struggles of our forefathers where they paid with their sweat, their tears, their blood and ultimately their lives to own their land. For most of us, their land was the only thing that they could have passed on to us after they departed.

    And for the descendants of our ancestors to turn around and impose legislative conditions with the ultimate end goal of depriving us of our inheritance, is shameful and shows a lack of awareness of our history.

    Land is power. And you cannot build an economic powerhouse if you are taking away that which empowers your people!

    This is an old colonial concept whereby taxes were imposed on the native people who owned prime properties in developed areas throughout the British empire. It was a clandestine way to take possession of their properties because they knew that the natives would not be able to afford to pay the taxes. And so they lost their prize possessions and had to start over by moving into rural areas etc. Some of them committed suicide in the process.

    So I can’t believe that my own ancestral brothers would be so clueless and short sighted to pass legislation that seeks to take away our property.

    Bunch of idiots!

    All I will say at this stage is “wet your hand and wait for me”.

  3. RODENTS, BUSHES, DEBRIS, GARBAGE, MOSQUITOES 🦟 et al

    That’s the state of the property that certain people are kicking up over

  4. Thank you Mr. Ephraim for confirming my suspicions. This is only the first step. The next step is to increase the property taxes so you can’t afford to pay them, then swoop in like DCA on a Saturday and bam your property is gone. This one is straight from the playbook of the World Economic Forum (which our honorable PM is rumoured to be associated with)…”You’ll own nothing, and you’ll be happy”.

  5. I am in agreement with this writer. Rodents, bushes, debris, garbage, mosquitoes, and crimes are not sufficient to take away administrative due process rights.

    You vote ABLP so you will certain get ABLP, then telling you I can’t help you while helping themself and their son and their family to get exactly what they say they can’t help you with, using their power for private benefits.

    If ABLP’S focus was deferring folks from leaving their property in disrepair and the harms that comes with that, clear and normal remedies to keep your property would have been included like MP. Bowen expressed in his points and as I expressed also. ABLP does not care about you and I can tell you this, I will ensure in the next election a caring party is in office that will protect your rights and never leave you stranded saying I can’t help you.

    Do I think any ABLP candidate for St. Mary’s south constituency should win in the next election? I will let you know and I promise you this, I will take actions to ensure a candidate that does not have the current ABLP mentality wins.

  6. Well folks, the “Fringe society” is rearing it’s ugly head again.lol

    Antigua looks beautiful on the outside, but the middle is rotten to the of core.

    If you look at the pictures of Antigua, you would swear it’s the most beautiful place on earth, until you get here, it is as rotten as they come.

    You got the government you voted for folks.

    Caring is not GB strong suit, all that man see is $$$.
    Protect and serve. This man ain’t serving or protecting, he’s violating.

    This is tantamount to “Tear Gas Monday” where he Gas his own people for their peaceful protest

  7. Well, there should be an obvious middle ground here that protects owners with sufficient warnings and time but also allows for the demolition and reclaiming of clearly abandoned properties. Some of the properties may belong to former locals who have long abandoned this country and are living the good life abroad never to return while meanwhile valuable real estate in town could be made available to young people to start businesses etc. or be used to beautify the community for those left behind here to carve out a living on this tiny rock we call home.

  8. Some people just have the gift of spinning and twisting things in their own way. I beg people to think for yourself. Investigate and especially read the bill yourself. if not ask your representative the hard questions. Anyway if you don’t intend to ever abandon your property this law will never effect you. This is a law pass in every developed city in order to prevent the city of becoming a Shanty Town. There are several reason why properties be come derelict. My friends family had a dispute about the will and could not settle it for years and their parental house became vacant and derilict over the year. Until it was worth nothing. I was their next door neighbour and watch this with great pain. I did as much as possible to keep the overgrowing bush from my fench. But the ugly sight and the devaluation of my property I could not avoid. After many years an investor was able to buy the property and bread down the entire derilict piece of shit and now my neighbour is a nice luxory home worth at least two million if not more. This also increased the value of my property. So I can speak first hand of what it is to be living next to an abandoned derilict property for many years. Now lookm at our town and start counting the many derilict properties we have in our town. Making our town not worth walking around for tourists or locals. And apart of properties I wonder when the government will take care of the street dogs and vagrants. That too is an eyesore and a health hazard. As I said many developed countries have what is called City Ordinances. We need to make City ordinances to keep vagrants and street dogs out of the city. DCA should also do a better job in policing how properties should look in town. And SJDC should deal with the many street vendors that just knock up sheds any and everywhere. And APUA is a culprit as well cause they provide some of them with electricity. Just check on Old Parham Road opposite Hadeed Motors. All the sheds there have electricity. How is that possible.
    Anyway Yves as far as I know you are just spinning for whatever reasons only known to you. But I would say, stick with your profession.

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