Senior Counsel gives advice on latest land dispute in Barbuda

Senior Counsel Anthony Astaphan is adding his voice to the latest dispute between central government and Barbudans over land.

Astaphan who is no stranger to this ongoing saga, having represented central government in court.

He is advising the Attorney General Steadroy ‘Cutie’ Benjamin and Prime Minister Gaston Browne to abide by the law and move forward with the project as the law is on their side.

“I just think you need to focus on applying the law as it is interpreted by the Court of Appeal and by the Privy Council and to exercise the legislative and executive powers for the benefit of the unitary state,” Astaphad said.

He clarified that these protestors have no legal standing regarding lands and the continuous talk of common ownership is not constitutional.

“What they relying on now as common ownership was rejected by the Court of Appeal in the last judgment on Barbuda rights in the Privy Council,” he said.

“Antigua and Barbuda is a unitary state and there is no provision under the constitution, this would require a referendum,” Astaphan shared.

Astaphan’s comments come just a few days after a standoff between police and Barbudans in the sister isle.

He was speaking on the Browne and Browne Show.

A video went viral over the weekend showing the dispute where several Barbudans were seen and heard protesting the scheduled land clearing at a planned land project, the Louie Hill Development project which was first developed in 2007.

Under the project, over 200 homes, a mall, and other infrastructure will be constructed in the area.

Tensions escalated last week when two government trucks were reportedly used to block an excavator clearing the land.

The Barbuda Council has accused the government of bypassing its authority and violating the rights of Barbudans by clearing lands at Katel Hill—lands allocated to residents—without prior consultation.

PM Browne referred to their actions as lawlessness and advised those protestors that they will be charged.

“We are taking them straight to court and incriminate them,” Browne said.

He said law enforcement has been advised to keep the peace and not to hurt the people.

“There is no issue if they protest. It is their democratic right. All we ask is that they keep the peace and abide by the law,” he added.

Attorney General Sir Steadroy Benjamin supported the Prime Minister’s stance, asserting that the protests were misguided and citing a Privy Council ruling that places Barbuda’s lands under Crown ownership.

The AG also revealed that the land ownership initiative will begin in May.

PM Browne accused the Barbuda MP Trevor Walker and the Barbuda Council of deceiving the people where the lands are concerned.

Despite the conflict, PM Browne reiterated that the Cabinet is open to consultations with the Barbuda Council to speak on this matter and other pertinent issues.