Submitted by makiala iyoka ashanti

justice

With much pain and desperation to do something about it, I read of the plight of the descendants of slaves who most likely were of the same clan who laboured and slaved without pay to built Maxwell Plantation fortune that has been sold to foreigners namely Chinese, with the results of the slaves descendants being ordered off the land by the court. The article printed in this Friday 5th June Nation News went on to state that a two floored house half half way done would be demolished and all the Bajan lady labour wasted with no mention of compensation or alternative provision.

Also other locals would no longer have backyards and the young carer of the 88 year old land owner cut off from her. WHERE IS THE HUMAN RIGHTS? It is a burning shame that just a few years after Owen Arthur while in England for the Slavery Bicentenary made a bold statement to the British Government to ‘Give back something to the slaves children’ that right in our faces in Barbados a ex slave plantation has sold land passed down from a generation of slaves to the present generation.

I am appealing to political activists like the people of the People Democratic Congress, The People Empowerment Party and Human Rights Lawyers and Pan Africanist as well as the Barbados Justice Committee to support these victims of recolonization by researching and offering them advice to appeal against the court order to buy time for proper legal research and seek out if they can be further representation. I see the defendant is quite young and may be unaware of other legal defences he may be able to depend on, for example, what about prescribed rights to the land where as one can claim these rights after living on land and not being charged rent for a given time, or what about the Government Tenantry Act whereby the government was to subscribe to the reduced cost of plantation land that slaves descendants lived on for generations. New political parties like the two new ones that contested the last general election,( since it seem that both sides of government have taken turns in selling us out to the Chinese and all ) I am calling on you to offer your support to these victims, who, most of the time have to surrender without the right legal advice not aware of their rights and suffocated by excess legal fees.

This is cause to start a national campaign demanding that the plantation owners who own 95% of Barbados arable land that is drenched with our blood sweat and tears, our forefathers bones and developed by our free labour should be given to us a reparation for slavery.

The generation who inherited Maxwell and other plantations benefiting from the above should have some conscience in matters like this and remember that neither the land or labour honestly belongs to them and should not be greedy and heartless to sell what was handed down to generations from slaves. Obviously the old man is dead and in those days there were not always formal documents exchanged when land was purchased, and this may be what they may be taking advantage of without equity. There may be other avenues in law that can be explored. I appeal to Pan Africanist to look into these and offer assistance to these poor people. I appeal to the government to stop selling us out to foreigners.

This same trick has been worked on some people in Porey Spring St Thomas where they lived on land passed down for generations not paying rent, the government was supposes to assist these people in buying the land at a reduced rate as tenantry land. Because the people do not know the law or their rights one man claiming to be a descendant of the the long time owner Mr Moore came and convinced the people they should pay him rent ( thus possibly losing their PRESCRIBED RIGHTS to own the land as long term tenant not paying rent) I believe they are points in law where this can be overturned if the people were misled by this man. However he offer to sell them the land if the want to buy yet as I have a house on the same land when I asked him to show me his title deed , it was not forth coming for a few years I don’t know if he found it yet. Although government seem to have started the process in assisting the people on DR Moore land to own their lot this man was still able to come and sweet talk them into paying him rent. Our governments and civil servants don’t seem to be acting in the best interest of the descendants of the slaves although the members of parliament too are descendants of the slaves like us. It seems they are quick to put on price on our heads or allow a price to be put on our merely survival.

Meanwhile the plantation owners after pocketing the rewards of slavery,now can reap the final grand reward of selling the land and we the slaves descendants GET NOTHING . And worst of all walk away silent or begging on our knees. FURTHER IT IS A BURNING SHAME WHEN WHAT LITTLE WE TRY TO GET FOR OURSELVES THROUGH FURTHER WORKING OUR BACKSIDES OFF IS DESTROYED WITHOUT REGARD FOR OUR WELFARE AND OUR GOVERNMENT MINISTERS WHO WE LINE UP IN THE HOT SUN TO ELECT SIT silent. This tells me it is time for the people of Barbados to defeat the governments misrepresentation and rally together behind such causes and local leaders motivate the people to stand up as one against such disrespect and disregard. People sitting in the CPAA office as Pan Africanist as well as political activist and social activist I beg you seek out if they can be further representation for these victims of land grabbing oppression. If so appeal against the court decision, drag it to the high court to the CCJ or the Hague, whatever it takes to demand respect for our part of building Barbados with our BLOOD SWEAT BONES AND TEARS. Organize a fund raising program, to cover legal cost to support any further representation that can be made.

Babylon system is surely a vampire sucking the blood of the suffering people. It seems that in Africa and the Caribbean the Chinese are the African people latest milker, sucking dry what the Europeans have left, and not without the help of the traitors of our race who willing to sell us out on demand.

PEOPLE OF BARBADOS UNITE AND RESIST THEM. THE POWER IS WITH THE UNITY OF THE PEOPLE AGAINST OPPRESSION.

  1. livinginbarbados Avatar
    livinginbarbados

    If, as many comments suggest, you have a situation where many true titles to land are not regularised, but people perhaps feel that somehow their ancestry gives them certain entitlements, then indeed there would seem to be a rude awakening coming as those who feel they have true claims, but are not tenants or not actively using the land in some other way seek to resolve their true titles to the land.

    One suggestion would be for the government to review the land registry (assuming it exists) and alert tenants of their rights and/or the risks they may face of eviction. It may also be a task which some group of lawyers/NGOs/interested activists would wish to initiate.


  2. @ Livinginbarbados, the Act gives the qualified tenant the RIGHT, not option, to buy i.e. the land owner is obligated by law to sell. It also guarantees similar RIGHTS to people living on lands that comprise of 2 – 5 lots, though with different requirements.

    Does the Chinese-Maxwell fall under the TFPA.

  3. Living in Barbados Avatar
    Living in Barbados

    @Enuff

    I’m not a lawyer but will check with one who deals with land transactions on whether your interpretation of a ‘right’ being more than an option (or entitlement as I would put it). [My logic is based on transactions needing willing buyers and willing sellers, not that there is a willing buyer and a forced seller, which is akin to a government’s action with compulsory purchases.]

    Your second point is of course very pertinent.

    Thanks


  4. In 1929, according to the Queree Papers, Maxwell Plantation was 356 acres and owned by E.L. Ward, I think the father (or possibly the brother) of Sir Deighton Ward, a former GG.

    It is listed in 1934-5 as being still owned by E.L. Ward but only comprised of 93 acres.

    In 1951 Maxwell Plantation was listed as being owned by the Barbados Co-Op Bank, but its acreage is not given.

    This suggests much of it was sold out to a person or persons whose identity (ies)would need to be checked from as far back as 80 years ago.

    It may be that 50 years ago, 1959, the land in question had ceased being a part of Maxwell Plantation and was owned by the person or persons unknown, or it was a part of Maxwell Plantation which was owned by the Barbados Co-Op Bank.


  5. LivinginBarbados, it is a RIGHT, the Act was designed for the purposes of securing tenure.

    Obviously that RIGHT makes it optional for the tenant to choose not to buy given that he/she is not obligated to purchase, BUT the landowner has to sell once the tenant is duly qualified.

    The submission of a Form I to the land owner is indication that the tenant intends to exercise his/her rights.

    Failure to respond, gives tenants the right to seek the assistance of the Registrar of Titles who has the legal authority under the Act to convey that lot to the tenant without the landlord’s permission.

    If it, the Act, were designed wherein there must have been willing sellers and buyers, then it would not achieve its objectives.

  6. livinginbarbados Avatar
    livinginbarbados

    @KT
    Again, thanks for excellent clarification.

    Going to the case in hand, your question still remains pertinent.

    But, one has to then look at why qualified tenants do not exercise their rights. I have no anecdotal or other evidence, but those who do could help in determining whether ignorance, financing, procrastination, or other factors are at work.

  7. livinginbarbados Avatar
    livinginbarbados

    @Enuff (not KT)

    Again, thanks for excellent clarification.

    The question posed by KT still remains pertinent.

    But, one has to then look at why qualified tenants do not exercise their rights. I have no anecdotal or other evidence, but those who do could help in determining whether ignorance, financing, procrastination, or other factors are at work.


  8. I’m still worried as to the position of the Town Planning Dept in all of this. The lady was building a house, according to T&P regulations, permission should be given by them to build. Part of their investigation is to determine that the person has the right to build on that spot. Am I then to believe that this person was building without T&P’s permission? If this is YES, then why was she allowed to proceed to this level without stopping her? I assume T&P officers were visiting the site since the chinese were constructing a big project. As I said before, there are more questions than answers.


  9. ‘Part of their investigation is to determine that the person has the right to build on that spot.’
    _____________________________

    Really?

  10. livinginbarbados Avatar
    livinginbarbados

    My first career was in land use planning, albeit in the UK, but the general situation in Barbados should not be so different). Like with so many things, there is process and if it is not followed there can be a lot of confusion. Usually, planning permission should be a/the first step (but sometimes people do not do that, in part through ignorance). However, long it takes the planning authorities review and make a judgement on the application (in the meantime building work might have been started). If approved, the permission normally sets standards for a range of aspects (the work begun might not have been aware of this and might not be changed even when it has been pointed out that the design approved).

    If the planning authorities are up to the job, there will be things like site visits, discussions with builders/surveyors/neighbours, etc. There may even be the need for public consultation. All this comes from the persons who want to construct starting out right.

    So, (typical for me), before you go jumping on the planning authorities for their perceived failings, without know what the main other party (who is undertaking the construction) has done.

    In the UK, the authorities could and often did compel the total demolition of structures that have not been built following the right procedures.

  11. livinginbarbados Avatar
    livinginbarbados

    @David

    Apologies for such a sloppily written submission…keyboard sticking… 🙂


  12. livinginbarbados
    At the end of the day, as far as I know, land has to be surveyed before it is sold. At that point, if your neighbour has encroached on your property you inform them. Also the T&P officer was visiting the chinese project and this should have been drawn to his/her attention. I’m sure if it was a “big-boy” house that encroached, the matter would have been handled differently.

  13. livinginbarbados Avatar
    livinginbarbados

    @The Scout

    On of my favourite pastimes in Barbados is pointing out to people the distance between ‘should have’ and ‘did’. Many things here are well regulated in the realm of ‘should have’ but ‘doing’ is lacking. Different topic: the man from LIME pointed out that the telephone pole carrying the wires should have an earthwire; but it does not…and it has been two years since I moved to this house…and LIME operatives have inspected the pole many times…

    As we see with many things, if people did what they should we would have few problems.


  14. livinginbarbados
    Therefore, are you telling me that we should then allow foriegners to come into our country and rob bajans of their ancestral property just because they were ignorant of certain legal matters. If this is so many many and I could add many more to that, bajans old people who are living on land that their ancestors left for them and they don’t have official documents for it. In many cases the land tax bill is coming in some dead person’s name and all that they have been doing over the years is just paying the bill. We have been raped of the land on the coast and the beaches and windows to the sea, then we have been raped of the inland ridges, are we now to sit back and allow these people to rape us of the little that is left. Soon it would not be guyanese that are being asked to leave but the bajans.

  15. livinginbarbados Avatar
    livinginbarbados

    @The Scout

    You ask and answer the question. But, your view is not mine. If we/you believe that people’s ignorance of the law leaves them exposed to a certain exploitation, there are many ways to deal with that. What I have read above leads me to pose the question “How many people have sought to help a neighbour understand his/her legal land rights?” I’m a foreigner/relatively recent arrival here and know no one in that situation. But those of you who are native Bajans are in a position to act, rather than see a situation, get outraged and then pour the blame in one direction.

    I don’t want to accuse people of apathy but the actions and their consequences are not just appearing today. Or am I to believe that it’s only now that people are waking up to the situation?

  16. Wright B.Astard Avatar
    Wright B.Astard

    Perhaps the disadvantaged family should claim Squatters Right. But over the years we have heard from fireside lawyers as well as qualified ones that if a person is occupying a portion of land rent free,and unchallenged, for a number of years,that person has a right to challenge ownership.


  17. livingin barbados
    There are many families in Barbados that are living on “family land” that has passed down from generation to generation. In most cases, the property tax bill is in some long deceased relative’s name. The shock will come when some of these people get eviction notices as more global sharks come here to run bajans off thier own land just because of ignorance.Many of these old people are not willing to change with the times but they have worked had to develop this country that is now causing these same sharks to sit up and take notice, yet these are the same ones to get victimise

  18. livinginbarbados Avatar
    livinginbarbados

    @The Scout

    I understand the historical precedents that have been set, but as you point out, there has to be a willingness/action on the part of those who have irregular claims on land to have these regularised, to protect them and their future generations. Realistically, speaking, if they do not do that then it will be hard to deny those who do have regular/true titles. It’s like being given the chance to insure a house against say a flood, but deciding not to, then expecting others to help out with the costs that come from disaster.

    My comments are not meant to be callous, which is why I mentioned before the need for some qualified persons/government to help ‘force’ the regularisation of the various ‘family land’.


  19. The Scout // June 10, 2009 at 1:45 pm

    livingin barbados
    There are many families in Barbados that are living on “family land” that has passed down from generation to generation. In most cases, the property tax bill is in some long deceased relative’s name. The shock will come when some of these people get eviction notices as more global sharks come here to run bajans off thier own land just because of ignorance.Many of these old people are not willing to change with the times but they have worked had to develop this country that is now causing these same sharks to sit up and take notice, yet these are the same ones to get victimise
    +++++++++++++++++++++

    The sharks will have to compete with lawyers who have made these unfortunates their delicacy.

    Might see some blood!!


  20. livinginbarbados
    Tohave these matters rectified, these unfortunate bajans will have to fork out thousands of $ to a lawyer or hand them some other property documents. These lawyers then delay the process and wait until that person dies, if they are aged , then claim the property for themselves. There is a lot of properties throughout Barbados that lawyers inherited this way. Most of these old folks are caught betwwen a rock and a hard place.

  21. livinginbarbados Avatar
    livinginbarbados

    @The Scout
    Agreed on “caught between a rock and a hard place”.


  22. The undertakers thiefing lawers help them get papers to sell the family land also.


  23. @need help

    Tell us more!


  24. It has been drawn to my recent attention that the governments of Barbados and China appear to be intent on developing ever closer social, economic and political ties. The sleeping giant has finally awoken and is intent on expanding its influence around the globe; even in Barbados.

    Why should China be interested in Barbados? What is the purpose of this email I hear you ask? Well check out the explosive link below:

    http://www.france24.com/fr/20090805-algerie-alger-chinois-affrontement-commercant-blesse-bab-ezzouar

    I heard about this story first in the Guyanese Stabroek news. For those of you who do not understand french I will translate for you.

    A major incident took place in the Algerian town of Bab-Ezzouar, in mid-July, between a Chinese man and an Algerian shopkeeper. The incident occurred when the shopkeeper asked the man to move his car on as it was parked outside his shop blocking the shop’s entrance. The Chinese man took offence and hurled abuse at the Algerian. The shopkeeper responded and punched the Chinese man in his face. On-lookers than intervened to separate the warring pair. End of story? No! Shortly after this incident the Chinese man reappeared with a fifty-plus group of his fellow nationals armed with knives and iron bars. They proceeded to ramshackle the Algerian’s shop and administered a good hiding to him, his brother and another individual. They than dispersed rapidly. Relationships between the two groups are currently tense. Some locals have asked their government to repatriate all Chinese back to China.

    There are some 35,000 Chinese working in Algeria. The majority are working on state projects: collaborations between The Chinese and Algerian government. They are allegedly skilled workers. 70% of Algerians under the age of 30 are unemployed. The Chinese are involved in many different employment sectors. They have proved to be particularly successful in the field of commerce, especially shops. Apparently they have decimated their local competitors by offering incredible low prices on all their products. The Algerians within this town are saying that they: the Chinese do not respect their culture and cited examples of there public drinking and there women been inappropriately dressed.

    There are some one billion plus Chinese in China alone. Lord knows how many exist outside of China. These numbers are impressive. China has a huge unemployment figure and an increasingly poor and restless population. It also has a huge surplus of dollars. Their policy is to export its surplus labour. Their motto is we can assist you to develop your infrastructure but you will have to accept our labour. Once installed they will not be returning to China.

    Algerians are like Jamaicans they are a tough and a no-nonsense people. That is why i’m surprise with this story. I believe that the Barbados government has underestimated the potential social implications of co-habiting with the government of China. If China gets a foothold in Barbados it will be the Bajans who will be the long-term losers. So much for independence! What would Barrow be thinking?

  25. livinginbarbados Avatar
    livinginbarbados

    @X-MAN
    Et le logique est quoi? Les chinoisa la Barbade vont attaquer les habitants? Ou, les relations entre la Chine est la Barbade sont fragile? Ou, n’importe ou ils sont, les chinois posent des risques enormes pour la population. Franchement, les algeriens et les jamaiquens ne sont pas de tout les memes en terme de temperament; c’est fou ca?


  26. @livinginbarbados
    I have not stated that Bajans should fear been attacked by Chinese who are based in Barbados. Or that the relationship between China and Barbados is fragile. I am simply stating that the nation state of Barbados “risque de perdre beaucoup” by accepting cheap money from China. China has an intelligent and a hardworking population. Once installed in Barbados why would Chinese nationals want to deal with the locals of a small nation like Barbados (my parents are from Barbados). They – the Chinese are strong enough to go it alone. Concerning the temperament of Jamaicans and Algerians you would be surprised, there is a similarity. I know both groups. This is why i’m shocked that this group of Chinese “ont decide de faire le menage contre le commercant dans cette ville! “. Fortunately this incident did not occur in Jamaica. Must retire. Hope we can agree. Sinon c’est pas grave.

  27. livinginbarbados Avatar
    livinginbarbados

    X-MAN
    Merci. Each nation that decides to invest brings good and bad with it. Where I think there is an issue, is that China’s presence is hard to separate sometimes as being state or private. That said, individuals are not the state.

    China has a wide and varied economic and political agenda, and of course the population and economic muscle to make a lot of difference awywhere. Their interest in Barbados or other Caribbean islands is hard to explain in terms other than a bigger ‘footprint’. I do not know if Barbados has committed or will commit certain political favours to the Republic of China for not having falled into the arms of Taiwan.

    But, China’s economy represents a huge market and this region would do well to exploit what opportunities that presents. I think, personally, that our approach to China in certain areas has been too slow, too timid and too predictable. We have some limited lingusitic skills but we also have a lineage to China in most islands that we could/should use.

    Bon nuit. Dormez vous bien.

  28. livinginbarbados Avatar
    livinginbarbados

    X-MAN,

    I think the Chinese just met a bunch of easier Algerians. But, guess what. The rumble may not yet be over. We’ll see if dem can get real grudgeful.

  29. livinginbarbados Avatar
    livinginbarbados

    CORRECTION: …for not having FALLEN…


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