Jamaica Gleaner

Retired teacher, marine biologist win appeal to protect Barbuda land

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A TOP court i n London ruled Tuesday that two residents of t he tiny Caribbean island of Barbuda have the right to challenge constructi­on of an airstrip that critics say endangers fragile ecosystems and was begun without any permits.

The ruling by the UK Privy Council is considered a big win for John Mussington, a marine biologist, and Jacklyn Frank, a retired teacher, who launched a legal fight against the government of the twin-island nation of Antigua and Barbuda in July 2018.

“The fact that this ruling comes almost seven years after John first discovered the bulldozing of the forest is no coincidenc­e,” said Sarah O’Malley, an attorney with the United Kingdom-based nonprofit Global Legal Action Network, which helped attorneys representi­ng the Barbudians. “Environmen­tal activists around the globe are often bogged down with procedural impediment­s making litigation costly and time-consuming, a subterfuge employed by those destroying the environmen­t for their own profit.”

However, O’Malley said the decision would make it easier for “all who seek to protect nature” to legally challenge government actions.

The government of Antigua & Barbuda had argued that Mussington and Frank were “busybodies” who had no standing to mount a legal fight.

Mussington said the ruling would have “significan­t implicatio­ns for citizens of Antigua & Barbuda who have long been suffering from the lack of transparen­cy and accountabi­lity from key institutio­ns and officials charged with implementi­ng the planning laws.”

The ruling also is expected to set a precedent for other Caribbean nations fighting to protect land that wealthy foreign investors seek to develop, especially when investors seize upon economic opportunit­ies following a catastroph­e or national disaster.

A spokespers­on for the office of Prime Minister Gaston Browne and a representa­tive for the developmen­t did not respond to messages seeking comment about the decision.

The ruling by the Privy Council allows the two Barbudians to challenge an April 2021 decision by the Court of Appeal of the Eastern Caribbean Supreme Court that found the residents were not allowed to take legal action against the government.

While Antigua and Barbuda obtained its independen­ce from the UK in 1981, it remains under a constituti­onal monarchy with King Charles as its head of state and the Privy Council as its final court of appeal.

One Privy Council judge, David Hope, argued that environmen­tal issues can be raised by someone even if they are not personally affected by a certain action. He gave an example of constructi­on of wind turbines on a route used by an osprey.

“The osprey has no means of taking that step on its own behalf, any more than any other wild creature. If its interests are to be protected, someone has to be allowed to speak on its behalf,” he wrote.

The ongoing airport constructi­on on Barbuda is part of a deal involving the government, the Barbuda Council and PLH (Barbuda) Limited, establishe­d by American billionair­e John Paul DeJoria, co-founder of the Paul Mitchell hair products company. Also involved is United Statesbase­d Discovery Land Company, founded by Michael Meldman of Casamigos Tequila.

The companies plan to build 495 upscale homes, an 18-hole golf course, a beach club and a natural gas storage facility on more than 600 acres (240 hectares) of protected wetlands.

The developers began work on the airstrip around September 2017, after t he government evacuated the entire island of Barbuda following Hurricane Irma, a Category 5 storm that was the strongest hurricane ever observed in the open Atlantic.

Constructi­on began without an environmen­tal impact assessment or a license from the Barbuda Council to clear forest, according to Global Legal Action Network. In addition, there were no public meetings notifying anyone of the constructi­on, and an applicatio­n for a developmen­t permit wasn’t submitted until after constructi­on began.

About 400 acres (160 hectares) that is home to the Barbuda fallow deer and red-footed tortoise already have been cleared to build the airport.

Mussington and Frank also have argued the constructi­on could impact the island’s groundwate­r supply.

The airstrip is largely completed, and government officials have said that “even if the airstrip was built in violation of developmen­t control the airstrip could not be ‘unbuilt’,” according to Monday’s ruling.

The Privy Council noted that if a court finds that the government’s Developmen­t Control Authority acted outside of its power, “the remedies potentiall­y available would include an order requiring the land be restored to its original state.”

Mussington and Frank celebrated the ruling, but Frank remained cautious. Another lawsuit filed by a fisherman and tour guide against the government of Antigua & Barbuda over constructi­on of two private villas in a national park is pending in court.

“Despite having won, we Barbudans recognise that the fight for our land is not over,” she said. “We plan to continue to keep fighting in order to protect what is ours and preserve it all for our future generation­s, just as our ancestors have done for us.”

 ?? AP ?? Hotel clubs and homes stand on Princess Diana beach in Barbuda, Antigua and Barbuda, October 23, 2023, six years after Hurricane Irma slammed into the tiny Caribbean island as a powerful Category 5 storm. A top court in London ruled on Feb 27, 2024, that two residents of the tiny Caribbean island have the right to challenge the constructi­on of an airstrip in Antigua & Barbuda.
AP Hotel clubs and homes stand on Princess Diana beach in Barbuda, Antigua and Barbuda, October 23, 2023, six years after Hurricane Irma slammed into the tiny Caribbean island as a powerful Category 5 storm. A top court in London ruled on Feb 27, 2024, that two residents of the tiny Caribbean island have the right to challenge the constructi­on of an airstrip in Antigua & Barbuda.

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