By Robert A Emmanuel
Two Barbudans are preparing to face the London-based Privy Council on Wednesday over the controversial construction of a private jet airport they say has destroyed pristine forest and key wildlife habitat.
The hearing is set to determine whether John Mussington and Jacklyn Frank had sufficient legal standing to pursue judicial review proceedings against a decision by the central government to grant a development permit for the runway’s construction.
The case, which will be livestreamed via the Judicial Committee of the Privy Council’s website, has been an ongoing matter since 2017, when the government initially sought to build a brand-new airport on the sister isle.
In July 2018, the Development Control Authority (DCA) granted a development permit for the airport’s construction.
Dr David Dorsett, who is representing the government in this matter, told state media he believes the case is moot as “the airport has already been built”.
“Whether or not they have standing makes absolutely no difference because the airport or the runway, which is the thing that is agitating Mr Mussington and Ms Frank…has been built for many months now, going on years,” he said.
Dr Dorsett said that while the issue is an important legal question, the net result of the case has already been decided.
In August, the Cabinet announced that it was expanding the runway by more than 1,000 feet to accommodate commercial flights to the sister island, “based on certain information regarding the attractiveness of Barbuda to very wealthy homeowners”.
However, to many Barbudans, the airport signifies a “land grab” of their island where they had for centuries practiced a system of communal land ownership.
The Global Law Action Network (GLAN), which is assisting the Barbudans in the case, said in a statement, “Foreign developers took advantage of Barbudans’ forced displacement [after Hurricane Irma in 2017] to clear acres of forest to build a playground for billionaires, starting with a multi-million-dollar private resort and a new airport to serve private jets.
“This was done without the consent of Barbudans. The Barbudan system of communal land ownership has come under attack, with changes to the law that benefit foreign developers and shut Barbudans out of decision-making processes,” the post also highlighted.
Frank said, “The decision to fight against the development of the private jet airport on Barbuda was not taken lightly. But it had to be done… We, as Barbudans, were not consulted about this development.
“Our environment, our culture, our history, and our right to be consulted and participate in the future of our lands have been totally ignored,” she added.
Mussington said, “Barbudans only became aware after the fact that one of our most critical sanctuaries for the deer and other wildlife, hunting and farming areas was destroyed.
“This goes against our laws as well as international treaties and expectations that are the norm in any modern society.”
GLAN director Dr Gearóid Ó Cuinn, said, “Barbuda [was] enduring disaster capitalism in its purest form.”
He added, “The two Barbudans taking a brave stand are seeking protection for their community’s right to access courts, their last line of defence from powerful, land hungry developers who are destroying the social and ecological fabric of the island.
“International law is on their side and potential purchasers of luxury villas should take note of the legal risks and uncertainties they are buying into.”
