Joint statement from GLAN & Front Line Defenders following concerns for Barbudan land defenders

Antigua and Barbuda: 22 environmental and human rights defenders face charges for visiting contested luxury tourism construction site – serious concerns over legal intimidation

Global Legal Action Network and Front Line Defenders are deeply concerned over the repeated targeting of human rights defenders (HRDs) resisting destructive private luxury tourism developments in Barbuda. A group of HRDs inspecting one of the contested construction sites on the island have been charged with unlawful trespass. Their hearing, where they could potentially face criminal charges, is set to happen on September 29, 2022.

After Hurricane Irma hit the island in 2017, the central government in Antigua and Barbuda pushed through new laws that enabled construction of a multi-million-dollar luxury tourism resort and a golf course known as the ‘Barbuda Ocean Club’ on a protected wetland, and a private jet airstrip through 300 acres of untouched forest. Barbudans opposing the private development of their land – which has been held communally by Barbudans ever since the abolition of slavery – have experienced harassment, intimidation, defamation, and criminalization, including through threats from the Prime Minister of Antigua and Barbuda himself.

Following local opposition to the proposal of the first project already in 2015, Gaston Browne stated “economic terrorists” who wanted to “block investment … and keep our people unemployed … would have to face the full extent of the law for any infractions whatsoever.”

When Barbudans filed a legal claim against the construction of the international airstrip, Gaston Browne wrote online that “These imbeciles have resorted to their ignorantly destructive ways, trying to undermine a much-needed infrastructural project.”

A group of land rights defenders, including an elected member and employees of the Barbuda Council, have repeatedly expressed concern about the human and environmental impacts of the construction, which may put the island at greater risk of future climate events. It is also alleged that the approval of the development's construction failed to meet the basic legal standards and follow appropriate procedures. In July 2020, after a protest against the main developer, PLH (short for “Peace, Love and Happiness”), Gaston Browne told the press: “Anytime they do anything illegal over there I am sending the police and army … I rather fight them and resign than to turn a blind eye.”

These threats materialized on 18 September 2020, at another peaceful protest against PLH Barbuda, when two Barbudan Council members – Paul Nedd and Devon Warner – were arrested and charged with trespass and breaking COVID rules for not wearing facemasks.

They were part of the group of 22 locals who attempted to inspect the PLH construction site at Palmetto Point. They came to inspect compliance with the conditions of approval for the project. This move came after the Development Control Authority had issued a non-compliance notice on 31 August alerting PLH its construction activities were outside the conditions of approval.

On 1 October 2020, the Eastern Caribbean Court ordered PLH to halt construction at both Palmetto and Coco Points. However, locals and HRDs claimed to have witnessed ongoing operations. In January 2021, the same court lifted the injunction on PLH’s activities and issued an order to the Barbuda Council forbidding them from entering PLH Barbuda’s construction area for any reason, even inspection.

The group of 22 locals and human rights defenders, including Paul Nedd and Devon Warner and other Barbudan Council members, still face charges for trespass and have been summoned to court multiple times in front of an unknown "virtual complainant". Despite requests for disclosure, the complainant's identity has not yet been revealed. The group of 22 have all been summoned and are due to appear together in court on September 27, 2022.

In June 2021, a group of United Nations Special Rapporteurs issued a Joint Communication to both the government of Antigua and Barbuda and the U.S.-based private developers, expressing deep concerns “regarding the potential impacts of the Barbuda Ocean Clubject on human rights, including the rights to food, water and sanitation, housing, and a healthy environment, as well as cultural rights”. The UN Special Rapporteurs referred to the arrest of various concerned Barbudans.

In a reply, PLH stated that close to 40 people trespassed PHL’s leased land and denied the arrest, or the charges faced by other than 2 of the 22 locals.

Front Line Defenders and Global Legal Action Network strongly condemn the prolonged prosecution process, judicial harassment and repeated intimidation of Barbudan land defenders. These organizations call on the authorities of Antigua and Barbuda to drop the charges, stop the criminalization and defamation against land defenders in Barbuda and to take the necessary measures to enable them to continue to safely defend their collective rights.

More information about our efforts to provide legal backing to the Barbuda Council and the Barbudans who are fighting to protect their island is available here.