By Gemma Handy
Almost two dozen Barbudans are due before court on the sister isle on Thursday for apparently trespassing on the site of the controversial Peace, Love and Happiness (PLH) development.
The 22 defendants – being dubbed ‘land right defenders’ by international advocates backing them – were arrested in September 2020 after allegedly entering the site which was traditionally publicly accessible.
They were among scores of local people, including Barbuda Council members and employers, said to have accessed the development via the beach.
Attorney Leon Symister, who is representing the Barbudans, said yesterday that while some of those affiliated with the council were trying to inspect the work underway, others including general villagers had merely been trying to visit the beach as is their right.
Among the council members were Devon Warner and the body’s then secretary Paul Nedd who were arrested on charges including not wearing a facemask in a public place and obstruction, in addition to trespass. Warner told Observer yesterday he also expected to appear before the Barbuda Magistrate’s Court this week.
The US$2 billion luxury home and resort project has been steeped in controversy since work began in 2018, with many Barbudans claiming it is destroying the once pristine environment at Palmetto Point.
Investors behind PLH include John Paul DeJoria, the billionaire co-founder of Paul Mitchell hair products and a self-proclaimed environmentalist.
The development infringes on wetlands deemed to be of international importance under the RAMSAR Convention. Opponents also say it places endemic and critically endangered wildlife at risk, as well as encroaching on one of the world’s largest nesting sites for the magnificent frigatebird.
On October 1 2020, the Eastern Caribbean Supreme Court issued an interim injunction, ordering a halt to construction at Codrington Lagoon. However, locals claim to have witnessed ongoing operations before the injunction was lifted in January 2021.
The Barbudan defendants are being supported by the non-profit Global Legal Action Network (GLAN) and Dublin-based human rights organisation Front Line Defenders, who yesterday said they had written to multiple UN Special Rapporteurs asking them to intervene in the matter. Special Rapporteurs had previously expressed concern to both the government and PLH about the environmental and human rights impacts of the development.
A joint statement from the two bodies, released on Monday, said Barbudans opposing private development on the island had experienced “harassment, intimidation, defamation, and criminalisation”.
“GLAN alleges that the resort for the ultra-wealthy is being constructed in violation of Barbudan and international legal standards and puts the low-lying island at greater risk of future climate events,” it said.
“It is alleged that the approval of the development’s construction failed to meet the basic legal standards and follow appropriate procedures.”
Long-running contention over land in Barbuda lies at the heart of the issue. Barbudans had practiced communal ownership of land on the island for centuries. But in June, London’s Privy Council – the country’s final court of appeal – ruled in favour of central government which had maintained Barbudans were merely tenants on the land.
GLAN says the 22 defendants have been summoned to court as a result of a complaint by a “virtual complainant,” whose identity has not yet been revealed.
“The current court proceedings illuminate a clear double standard. Barbudans attempting to draw attention to alleged illegal construction in their national park are now the ones who find themselves facing potential jail time.
“It’s one rule for the developers and another for the locals,” said GLAN’s Legal Officer Jasmine Rayée.
However, PLH’s Project President Justin Wilshaw told Observer that the dispute arose over illegal sand mining.
“There’s some confusion among offshore entities but the legal action was taken to stop people sand mining on our property without consent,” he said.
“We are pleased that our employment of the Barbudan population now exceeds 240 persons. We also support 21 local businesses, and we have promoted nine Barbudans into management roles,” he continued, adding, “We look forward to continued growth with the community.”