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The Ministry of Education-IDB Questionnaire Fiasco: The Legal and Human Rights (Privacy) Angle

The following article was submitted by Niel Harper, a Barbadian professional making his mark in the international arena. See his website Niel Harper – Blogmaster

Earlier this week, news broke that a questionnaire ‘sanctioned’ by the Ministry of Education (“MoE”) and overseen by the Inter-American Development Bank (“IDB”), was administered to mostly 11 year old children in Barbados. It has also come to light that a similar project was undertaken in Jamaica and Belize.

Ramona Archer-Bradshaw (l) Chief Education Officer Kay McConney (r), Minister of Education (r)

Misleadingly labelled as a “Computer Science Diagnostic Pre-Test”, it included questions on “social and emotional health” that were of a very sensitive nature. Below is a sampling of the more than 150 psycho-social questions:

  • I drink alcohol without parents’ approval.
  • I deliberately try to hurt or kill myself.
  • I hear sounds or voices that other people think aren’t there.
  • I am overweight.
  • I physically attack people.
  • I steal from home.
  • I steal from places other than home.
  • I think about killing myself.
  • I think about sex too much.
  • I wish I were of the opposite sex.
  • I use drugs for non-medical purposes.
  • I see things that other people think aren’t there.
  • Physical problems without known medical cause:
    • Aches of pains (not stomach or headache)
    • Headaches
    • Nausea, feels sick
    • Problems with eyes (not if corrected by glasses)
    • Rashes or other skin problems
    • Stomach aches
    • Vomiting, throwing up
    • Other

The questionnaire was delivered using a paper form and required that students provide personal information such as their name, sex, and ethnicity. Also included were detailed questions about the education level and work status of parents (e.g., type of job, unemployed, homemaker, etc.).

There was swift and comprehensive social commentary accompanied by widespread public condemnation of the decision to administer this questionnaire. The political public relations machinery quickly sprung into action to contain the damage to the public perceptions of the current Barbados Labour Party (BLP) administration. The IDB immediately took responsibility for the melee, trying in vain to absolve the Ministry of Education of any wrongdoing. The Chief Education Officer, Deputy Chief Education Officer, Permanent Secretary, and the Director of Education Reform all embarked on a public apology tour. The Prime Minister set about with her usual articulate flare and penchant for press conferences to assure the masses that she was deeply outraged (while praising the IDB for their prompt action in shifting the blame from her government). However, it must be noted that the Minister of Education has been conspicuously silent amidst this public relations storm.

But now to the main reason behind this author’s musings…

So far, the public discourse around this fiasco has centered on the incompetence of the Ministry of Education staff, the arrogance of the IDB, the inappropriateness of the questions, and the mental stress inflicted on the children. What has been glaringly missing are the legal elements. So let me break it down.

  • The subject questionnaire is for all intents and purposes scientific research. Questionnaires are popular in academic research for quick and easy collection of large amounts of data for analysis of subject behavior, preferences, intentions, attitudes, and opinions.
  • To meet ethical and legal standards, and to protect the rights of data subjects, informed consent is an important legal basis for data processing as required by the Data Protection Act (Barbados), General Data Protection Regulations (European Union), Data Protection Act (United Kingdom), Personal Information Protection and Electronics Data Act (Canada), and other privacy and data protection laws across the world.
  • As per the Barbados Data Protection Act (“the Act”) and similar laws around the world, there are six lawful grounds on which data can be processed: explicit consent, contractual obligations, legal obligations, vital interests of the data subjects, public interests, or for purposes of legitimate interests of the data controller. The only lawful basis which the MoE can use for administering the subject questionnaire is legitimate interests. However, that lawful basis does not pass the three-part test which requires a positive answer to these three (3) questions: Is there a legitimate interest behind the processing? Is the processing necessary for that purpose? Is the legitimate interest overridden by the data subject’s interests, rights, or freedoms?
  • As per the definitions in the Act (and the other aforementioned laws), the students whose personal data have been collected are data subjects.
  • As per the definitions in the Act, the Government of Barbados is the data controller who determines the purposes for which and the means by which personal data is processed. The Inter-American Development Bank (IDB) is the data processor who processes personal data only on behalf of the data controller.
  • As per the definitions in the Act, a ‘child’ is a person under the age of 18.
  • As per the Act Part II 8(1-2), “The processing of a child’s personal data shall be lawful only where and to the extent that consent is given or authorised by the parent or guardian of the child” and “The data controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the parent or guardian of a child, taking into consideration available technology.” From all accounts, neither the MoE nor the IDB obtained consent from parents to collect this personal data from children. This is a violation of the law.
  • As per the Act Part II 9(1-4), the data collected is personal sensitive data, which requires greater safeguards to protect the rights of the data subjects. Sensitive data includes data on ethnicity, health, and sexual orientation or sexual life. Collection of this type of personal data requires strong security and consent is required to share with third parties. From all accounts, the data controller (MoE) did not obtain consent from parents to share this sensitive personal data with a third party. This is a violation of the law.
  • As per the Act Part IV 58(1-10), the MoE (data controller) is required to have a Data Protection Agreement in place with the IDB (data processor) to ensure that the rights of the individual are being protected and that legal compliance with the Act is achieved. The public deserves to know whether a Data Protection Agreement exists between the two entities and to examine if it is fit for purpose.
  • As per the Act Part IV 55(1-6), the IDB must be registered as a data processor, pay a fee, be in possession of a certificate to conduct data processing activities, and nominate a representative who is resident in Barbados. Failing to do any of these things makes their representative liable for a “fine of $10,000 or to a term of imprisonment of 2 months or to both.” Is the IDB compliant with the law in this area? The government should present the general public with evidence to verify this compliance.
  • As per the Act Part IV 59(1-2), it is stated that “The data processor and any person acting under the authority of the data controller or of the data processor, who has access to personal data, shall not process those data except on instructions from the data controller, unless required to do so by any enactment” and “A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $500,000 or to a term of imprisonment of 3 years or to both.” In their public statement, the IDB asserts that their administering of the questionnaire was against the objections of the MoE. This is a violation of the law.
  • The Act Part IV 62 (1-3) requires that data processing of this sensitivity and high risk be conducted using online tools. Moreover, it states that the data is pseudonymized (not contain information that could identify a living person), which means that the names of individuals should not have been required on the document. Finally, it demands that strong security protections be in place to protect against unauthorized access. Given that the questionnaire was administered by paper, it is virtually impossible to guarantee that this very sensitive personal data on children was adequately protected from unauthorized access, misuse, and abuse. Moreover, it also attributed the sensitive and potentially harmful information to living, identifiable children and their parents. This is a violation of the law.
  • The Act Part IV 67(1-7) and 68(1-6) requires that both the data controller (MoE) and the data processor (IDB) designate an individual as a data privacy officer to advise them on the legal, technical, and administrative elements of processing personal data. A data privacy officer should be an individual qualified in privacy law and compliance. To the best of my knowledge, neither organization is compliant with this legal requirement with regards to data processing in Barbados. Given the number of violations of the law, this is not surprising.
  • One of the most alarming things about this matter is the eerie silence of the Data Protection Commissioner.As per the Act Part VII 70(1) and 71, the Data Protection Commissioner is “responsible for the general administration of this Act” and whose functions are to monitor and enforce the Act (including issue fines), organize activities to educate children (and parents) on the risks of processing their data, and monitor and audit data processing by data controllers and data processors, among other things. The individual in this role was equally silent during the February 2022 elections when the government leaked the entire voters’ list on the public Internet, which has, based on my discussions with officials at financial institutions in Barbados, resulted in several citizens being victims of fraud and identity theft. This seriously brings into the question the qualifications, capabilities, and independence of the Commissioner, and the ability of the individual to effectively serve in this important role.
  • As data protection laws are generally extraterritorial, the MoE and IDB have more than likely violated the General Data Protection Regulations (European Union) and other privacy/data protection laws from across the world. For example, there are many expats living in Barbados, and if European Union citizens were required to take the questionnaire, then that is a clear violation of EU laws. This also applies to citizens from other countries where robust data protection laws have been enacted.
  • There are numerous other areas of the Act that the MoE and IDB violate in their relationship (e.g., consultation with the Data Protection Commissioner, performing data protection impact assessments, records of data processing activities, etc.). Sadly, this is just the tip of the iceberg. There are several public agencies, educational institutions, financial organizations (including fintechs), retail companies, telecoms operators, and other businesses in Barbados who are in clear violation of privacy and data protection laws.

The “right to private life” is enshrined in the Constitution of Barbados and the Universal Declaration of Human Rights (UDHR). The rights of data subjects (including children) are legally protected by the Data Protection Act (Barbados). The Government of Barbados, its development partners, and private corporations need to do so much better as it pertains to upholding the rights of citizens. I shudder to think of what similar privacy rights abuses are happening in other Caribbean countries and across the broader developing world.

343 responses to “The Ministry of Education-IDB Questionnaire Fiasco: The Legal and Human Rights (Privacy) Angle”

  1. Sargeant Avatar
    Sargeant

    Stag Park Historical marker

    https://www.hmdb.org/m.asp?m=30203

  2. David Avatar
    David

    Now, whither education reform?
    The following article was submitted by Ralph Jemmott, a retired educator and social commentator.
    By Ralph Jemmott

    The current Inter-American Development Bank test debacle in which the Barbados Ministry of Education finds itself embroiled has led to an ostensibly growing lack of confidence in its top officials. Some political ‘head-hunters’ may be on the warpath, but most persons are genuinely outraged by the idea of asking an 11-year-old about suicide. The mind does boggle.
    Beyond that specific matter, the situation must raise some other serious questions.
    One such question is the extent to which those persons with the responsibility for administering the education sector are really up to the task of supervising the whole complex issue of education reform, particularly the abolition of the Eleven Plus. The transfer of students from primary to secondary school is an extremely complex issue.
    If we can’t supervise and manage a simple survey, are we equipped to handle the most radical, structural educational change envisaged since the Michinson Commission of the 1870s.
    We can only hope that our Ministry of Education will not take critical concerns “for granted”, as by its own admission, it seems to have done with the IDB Survey/ Pre-Test. The idea of abolishing the Eleven Plus was around for some time. One remembers when Dr Leonard Shorey and Mr Jack Smale had an on-going sometimes acrimonious debate in the local press. Jack Smale made the snide remark aimed at Dr Shorey about something being like, “a bowtie in a shirt-jack culture”. Those of us who have followed educational developments might remember those days.
    One administration after another contemplated abolishing the test but Ms Mottley, as is her wont, decided, “Watch me, I got this”. The impression was given that the Common Entrance would be gone in a year.
    The now beleaguered Minister of Education, Ms Kay McConney has indicated that it will continue for at least one more year.
    The truth is that few persons in Barbados have any idea where the education reform process is currently headed. Initially the Prime Minister expressed two concerns regarding the Eleven Plus. One was that most of the young men in prison in Barbados came from seven specific schools. This was a genuine concern. It might suggest that for one reason or another, certain schools have dysfunctional behavioural and academic cultures that need to be rectified.
    The second was with regard to Mottley’s statement that when she was Minister of Education she introduced partial zoning, but that she was now prepared to “go the whole hog”. When she was Minister of Education, our Prime Minister was famous for inaugurating a “literacy campaign” with an “Edwin” concert at the Gymnasium of the Garfield Sobers Sports Complex. At the time the notion of beginning a literacy campaign with a musical concert was high comedy for many in the teaching profession.
    Given the way Ms Mottley has come to dominate the political scene in Barbados it would be interesting to know what exactly constitutes “the whole hog”.
    Hog talk is for the political platforms, it is not pertinent to serious pedagogical discourse. Is it the intention to make all schools all ability range facilities, drawing students who score 90 or above to those who gained 20 or below? This would imply a tremendous change in the structure of Barbadian schooling. It has to be properly thought out.
    In order not to replicate the debacle caused by the IDB survey, officials in the Ministry of Education should be made aware of what is intended. We don’t want a future Chief Education Officer stating that the ministry took things “for granted”. Even more importantly, the parents in Barbados should be kept informed as to what a future education structure is going to look like.
    Certainly, parents will not want to wake up one morning to find that their children have to function like guinea-pigs in a system in which they have had little or no say and which operates to their disadvantage.
    Educational change of the magnitude imagined is not like a pre-test. A school structure cannot be destroyed and rebuilt in three days. It is not a matter solely for politicians who are here today and gone tomorrow.
    The debate over the IDB survey has had a surprisingly long shelf life, perhaps because it concerns our children’s wellbeing, perhaps because the whole issue was so badly thought out and managed and has shown up telling deficiencies in the education bureaucracy. The sad truth maybe that for all the money spent on education, Barbados has not developed a critical intellectual culture.
    Barbadians inhabit a very compliant culture.
    Ms Faith Marshall-Harris recently suggested that the outrage against Barbadian children was done “because similar surveys were conducted in 2021, 2022 without any complaint or protest”. It may also indicate that symbolism and public relations can only go so far. Eventually, the defects will become quite transparent.
    If we can’t supervise and manage a simple survey, are we equipped to handle the most radical, structural educational change envisaged since the Michinson Commission of
    the 1870s.

  3. David Avatar
    David

    In loco parentis
    By Dr William M. A. Chandler

    It is almost impossible to avoid addressing the continual debate on how public institutions treat with our children; whether it be school, juvenile penal institutions or even the courts-of-law where children, the worldover, historically fare much worse than adults. Arguably, it may be socially irresponsible – a dereliction of one’s civic duty even – to withhold comment since our children are among the most vulnerable in society.
    Over the years, there has been an increasingly noticeable, progressive and fundamental shift in the way Barbadians view the role of children within our constitutional democracy. To even speak now – in the public sphere – about children playing a vital role in constitutionalism and democratic practice beyond mere supply of future labour-power evinces this reality.
    In today’s Barbados, children are no longer mere objects to be seen and not heard: They are subjects of great debate concerning what constitutes a humane, civilised and progressive society.
    Vulnerable subjects
    How we treat children and other vulnerable subjects – including the environment – is now seen, throughout most of the civilised world, as the quintessential reflection point for evaluating the quality of the adult directorate and society.
    Similarly, in Barbados, civic-minded individuals like Peter Wickham and Sandy Fields-Kellman continue to push our society to reform the education system; particularly targeting the Common Entrance Examination which many – rightly or wrongly – argue is significantly correlated to issues of juvenile justice and general social instability.
    The Mottley Administration, as a matter of initial public policy and response to societal concerns, committed itself to (1) abolishing the Common Entrance Examination and (2) creating a fit-forpurpose juvenile justice framework. If these public policy initiatives come to fruition, they will, at some point, engage Parliament’s attention for legislative approval and resulting financial support.
    At that point, these policies will be enveloped within the foundation of our future political
    economy. When, therefore, we translate the state’s socio-economic interactions with our children into law; we will inevitably encounter the terms In loco parentis and Parens patriae.
    Duty-of-care
    The Latin term In loco parentis means, “in the place of a parent”. The 1863 case Williams v.
    Eady gives legal context stating that, “As to the law on the subject there can be no doubt and it was correctly laid down by the learned Judge that the schoolmaster was bound to take such care of his boys as a careful father would take of his boys and there could not be better definition of the duty of schoolmaster”.
    In simple language: the law considers parents to have delegated authority over their children to educational institutions and their officers to act in their children’s best interest as a parent would. Beyond law; this is also common sense.
    Similarly, Parens patriae is defined as meaning, “parent of the nation”. This concept can be a little confusing to understand since it is rooted in a seventeenth century case called Calvin’s Case which is riddled with Latin.
    Calvin’s case established that all people born in England were subjects of the King and entitled to his protection; including a mentally disabled child.
    This case has massive constitutional importance throughout the Common-law world since it also forms the foundation of birth-right citizenship in Commonlaw countries such as the United States of America and Barbados.
    Citizens
    Thus, understood symbiotically, in loco parentis and parens patriae demonstrate that the government, as the state’s principal administrator, carries a perennial duty-of-care to act in our children’s best interest. Consequently, one cannot fault well-meaning citizens who are concerned with what they perceive to be unjust actions towards our children.
    After all, these sensibilities, as we just witnessed, are deeply rooted in legal theory and practice. These citizens are embodying the position of famed legal luminary A. V. Dicey on the ‘ruleof- law’ in Introduction to the Study of the Law of the Constitution that, “every official,
    from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen”. Dicey, of course, was reflecting upon what was by then common practice in the 19th.
    Century and is even more entrenched now in our 21st.
    The Barbadian Citizen
    I am, therefore, drawn to American Sociologist C. Wright Mills’ commentary in The Power Elite that, “Not wishing to be disturbed over moral issues of the political economy, Americans cling to the notion that the government is a sort of automatic machine, regulated by the balancing of competing interests”.
    Orders
    Unlike the American citizen, however, Barbadians perennially engage with the morality of public policy; giving special attention to the political and economic spheres which impact them and their offspring. Often, however, they fail to engage the legal sphere which arises ‘from’ and ‘orders’ said political economy. That is something Americans do with great zeal. Maybe too much.
    Perhaps this reality is a result of our unique colonial history. After all, for most of Barbados’ history our people had a most unkind relationship with the law. Some even argue that it persists today.
    Whatever the reason, if we are truly promoters of people-based democracy, we are constrained to encourage further public engagement with governing institutions, with continued diligence, as we strive to make our republic a more humane, civilised and progressive constitutional democracy for ourselves, our children and their children to come.

    Dr William M. A. Chandler is a published political economist, legal scholar and business consultant.

    Source: Nation

  4. David Avatar
    David

    Should parents file a court action?
    This month makes 19 years that I have been an attorney. I spent my first 12 years as a civil litigator (courtroom lawyer) but moved away from litigation for several reasons and now only do court work in exceptional cases.
    So I was intrigued by the public call from at least one social activist and one University lecturer for parents to commence a class action lawsuit against the Ministry of Education, the International Development Bank (IDB) and code.org regarding the now infamous survey veiled as a computer science test given to some first form students.
    Outside of the questions on whether the IDB is immune from local prosecution or whether the Barbados court has jurisdiction over a website hosted overseas, I also wondered whether a court action was suitable at this time or whether the Data Protection Act provided other options. From my years as a civil litigator, I also know how gruelling court proceedings can be and wondered if this was considered in the call for a class action suit. Nonetheless, I decided to review the legislation in the context of this suggested court action but still defer to the expertise of my colleagues Bartlett Morgan and Shari-Ann Walker, who are experts in data protection laws.
    It is undisputed that the questions in the “test” breached several sections of the Data Protection Act, including section 8, which prohibits the collection of personal data from children without parental or guardian consent. It is impossible within this article to list all the provisions that were breached but the following are worth noting: (a) The requirement in section 4 for personal data to be collected lawfully, fairly and in a transparent manner … for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes…and limited
    to what is necessary in relation to the purposes for which they are processed.”
    (b) Pursuant to section 5, the fairness of data processing is judged by whether the “person from whom the personal data is obtained is deceived or misled as to the purpose or purposes for which the personal data is to be processed” Sections 10 to 21 of the act give the data subject several rights in respect of his personal or sensitive data that was collected, including the right to request that the data be erased or the immediate cessation of the data being processed. The data subject must first issue a written notice to the data controller (person who collected the data) requiring the data controller to take the requisite action within 21 days. If the data controller fails or refuses to comply with this request, only then does the act allow the data subject to file proceedings in the law courts. Wouldn’t a court action be premature at this stage?
    Section 93(1) of the act entitles an individual who suffers damage or distress due to any contravention of the act by the data controller or the data processor to compensation from that data controller or the data processor for that damage. However, proving damage or distress requires the giving of sworn testimony, which in most cases requires eventually giving testimony in court and being subjected to cross-examination.
    Under the Act, the data subject is “the individual who is the subject of personal data”, who in this instance is the 11- or 12-year-old child who took the test. Is it in the best interest of these children to subject them to this process? May this not result in “re-traumatising” the child? Are there other options available in the act that may allow a parent to avoid this route?
    Under the act, the Data
    Commissioner has considerable powers and discretion, including the ability to provide information to any data subject concerning the exercise of their rights under this act; at her own discretion or where requested to do so, provide advice to any minister, public authority or person on any matter relevant to the operation of this act; inquire generally into any matter, including any law, practice or procedure, whether governmental or non-governmental, … where it appears to the Commissioner that the privacy of persons in respect of their personal data is being infringed; organise activities addressed specifically to children to educate them about the risks, rules, safeguards and rights in relation to processing.
    I join with those who have questioned the silence of the Commissioner on these events. I believe her intervention may provide a more suitable remedy for the concerns raised by the parents.
    Michelle M. Russell is an attorney with a passion for employment and labour matters, as well as being a social activist. Email: mrussell.ja@gmail.com

    Source: Nation

  5. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    Mighty Gabby has a brand-new poem out called Humble Pie….very accurate for the occasion to say the least, with a long list of all those who must now partake….

    it was noted that the fowls, sheep and slaves were not invited..

    then a professor emeritus on the environment had some choice words for the world stage talkmeister…..ya gotta be able to walk the talk…

    what a ting.

  6. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @David, you captured three excellent columns and there are highlights from Ms Russell”s and Mr Jemmont’s that are worth the repetition… their “expertise” adds much weight to what has been said here before.

    The lawyer Russell repeats a valid truism with:

    “Outside of the questions on whether the IDB is immune from local prosecution or whether the Barbados court has jurisdiction over a website hosted overseas, I also wondered whether a court action was suitable at this time or whether the Data Protection Act provided other options. From my years as a civil litigator, I also know how grueling court proceedings can be and wondered if this was considered in the call for a class action suit.

    One expects any legal matter to indeed be very grueling (costly in time and resources and surely prone to appeal whatever the result)… but of course, any possible intervention from the Commissioner on Data Protection and other activities could lead to an out-of-court resolution that drives the changes demanded.

    The former educator Jemmont struck some nerves with his excellent commentary. I was not aware, for example that there was talk that “…most of the young men in prison in Barbados came from seven specific schools.”

    Unfortunately ANY deep rooted Bajan could guess most of those schools … but the real problem which he also alluded to is that “It might suggest that for one reason or another, certain schools have dysfunctional behavioural and academic cultures that need to be rectified.”

    But it’s not the school per se of course but rather the INTAKE of students who surely develop a culture of comparing notes of bad behavior within a system unable to manage or improve their psychological issues, adapt studies to suit their learning competencies and thus make them ‘all they can be’!

    To put a positive spin on that stark reality … there was currency years ago – in what I presume was a marketing ploy like that ‘all they can be’ mantra – that NO member of the Boys Scouts program in Barbados had ever been to prison. Without over-stating that or questioning whether similiar can be said about the Cadets or other organized groups the simple point being made was that regardless of education or school attended every young man who had inculcated key life principles had maintained a sense of self-worth that allowed him to properly maintain those key ‘legal’ values.

    But all in all as Jemmont noted “If we can’t supervise and manage a simple survey, are we equipped to handle the most radical, structural educational change {and system adaptations needed]…”

    And further as he continued “The truth is that few persons in Barbados have any idea where the education reform process is currently headed.” !

    We will get there, eventually!

  7. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    A civil litigator is NOT a human rights lawyer.

  8. TheOGazerts Avatar
    TheOGazerts

    Funny that the same sentences jumped out at me, but were taken differently.
    I will do a little reaching here.

    “I also wondered whether a court action was suitable at this time or whether the Data Protection Act provided other options.”

    We are fully aware that Barbados has all the bells and whistles of an advance society. We are also fully aware that the authorities can move slowly, quickly or not at all depending on who is being wronged. I seem to recall that the person who bears some responsibility for “Data Protection” was very slow to comment on this situation. It bothers me that the solutions being offered appear to take all action out of the hands of the parents. The parents were victimized once and now some would inflict a second round of victimization.

    I would still like to know “who are these children?”,
    Who are these parents?” and
    What strata do they occupy in Barbadian society?
    Do they all lack pedigree.

    “From my years as a civil litigator, I also know how grueling court proceedings can be and wondered if this was considered in the call for a class action suit.”

    I believe the easiest court case is when a client ‘wins’ a documented monetary award and ‘never receives the money from his lawyer and then sues for his money. If we use that as a yardstick, even the easiest the case can be grueling. What manner of justice would be seeking if only non-grueling cases are fought. I am a realist and I know that a drawn-out case would cost money, but a justice system that will function only when the cases are non-grueling cases is not a good one.

    Mr Jemmott was one of my teachers and I have a great deal of respect for him. I have been highly complimentary of him in the past but will withhold all comments at this time. The other two… no comment

    Is there some minimum number of words that must be written to collect a check.

  9. TheOGazerts Avatar
    TheOGazerts

    What manner of justice would we be seeking if only non-grueling cases are fought. I am a realist and I know that a drawn-out case would cost money, but a justice system that will function only when the cases are non-grueling is not a good one.

  10. Hants Avatar
    Hants

    Why are 11 year old children made to complete a survey but their parents are not allowed to see the completed survey ?

  11. TheOGazerts Avatar
    TheOGazerts

    @Hants
    That is just one point.
    Parents did not see the survey
    Teachers did not see the survey
    Principals did not see the survey
    Even the Min of Ed did not see the final survey
    We do not what the children saw or heard.
    Special folks were brought in to administer the survey.
    We do not know what was said to the children.

    What the kids saw could be even worse than what was shown to us.

  12. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    ““I also wondered whether a court action was suitable at this time or whether the Data Protection Act provided other options.””

    you are dealing with TWO CASES HERE….data protection is civil litigation as the attorney pointed. out….she never touched on the human rights violations….both need to kept separately….and only attached as needed.

  13. Artaxerxes Avatar
    Artaxerxes

    Read The O Guy’s October 15, 2022 2:47 PM contribution…… and also clicked the link he presented to read the BT article, which I found very interesting.

    I realized the word “warned” seems to be the new, overused BU ‘buz word,’ since certain individuals are always CLAIMING to have ‘WARNED’ this forum about ‘one thing or the other.’

    The BT article also issued the following warning:

    “We have on OCCASIONS WARNED in this editorial space about the “RUSH to publish” and the “be the FIRST to SHARE and COMMENT ” syndrome. It is a FATAL FLAW.
    Too many people are FAILING to CHECK the SOURCE of their “news”, the LEGITIMACY or CORRECTNESS of the information they view or hear BEFORE SPREADING it.
    THERE is VERY LITTLE FACT-CHECKING or RATIONAL INTERROGATION (of) information, and this is most UNFORTUNATE.
    We have seen the explosion of bloggers, who in their DESIRE to gain followers, engage in what is known as “click baiting”. Some have deliberately used social media to ruin the reputation of others with SALACIOUS GOSSIP, RUMOURS, INNUENDO and OUTRIGHT LIES.”

    I’ve also issued SEVERAL ‘warnings’ against that practice by certain individuals on BU, who, more often than not, post information without verifying its authenticity or creditably of the source.
    Or, they post misinterpretions of simple information, which results in misleading the forum, while satisfying their particular biases…… all in an effort to fulfill their specific agendas.

  14. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @David, you need to call some of your bloggers for disinformation 🤣😎 As I don’t get the point of the attempted clarification below …

    What does this mean in real terms: “A civil litigator is NOT a human rights lawyer.”??

    Human Rights is one branch of law. A civil litigator simply means a lawyer with experience before a judge in an ACTUAL courtroom.

    And most Human Rights cases are litigated before a judge surely so definitely many such lawyers are civil litigators, not so!.

    Just saying.

  15. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    “Human Rights is one branch of law. A civil litigator simply means a lawyer with experience before a judge in an ACTUAL courtroom.”

    you SAID IT YOURSELF….as i said, the one has NOTHING TO DO WITH THE OTHER….unless one lawyer has BOTH SPECIALTIES…

    sometimes i wonder WHAT they really did to yall in those 150 YEARS that wunna have no clue about…

  16. Sargeant Avatar
    Sargeant

    “The sad truth maybe that for all the money spent on education, Barbados has not developed a critical intellectual culture.” Ralph Jemmott
    +++++++

    What a devastating takedown of Bajan intellectual prowess

    Time was when Bajans use to boast of their intellectual superiority especially when compared to other Caribbean countries.

    Ralph J will be stripped of membership in the club.

  17. de pedantic Dribbler Avatar
    de pedantic Dribbler

    Not to truly belabour this point with you but you do realize that what you are saying makes very little sense, right. Being a ‘civil litigator’ is NOT a specialty of law per se… rather HOW you may be practicing the law you do! (Here civil could be read as criminal … the emphasis is on LITIGATOR)

    A lawyer can be both a good litigator (excellent speaker and tenacious before judge and jury) and also be well versed in whatever area of specialty. Or s/he could be a poor performer in the court room and thus does not ‘litigate’ but yet be otherwise very formidable in his/her specialty. …. Just as we all are in life generally.

    Your remark just made no actual sense in that regard and I did not understand WHY you made it.

    Look I didn’t know if there were no specialty Human Rights attorneys in Bim as you said … but Ms Russell in her piece confirmed as much when she spoke of expertise of her colleagues.

    So the long and short … you are right : ‘sometimes I too wonder why we just have no clue…’ 😎🤣

    Again, just saying. I dun tho. Enjoy.

  18. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    I should know since i HAVE A SPECIALTY IN CIVIL LITIGATION…so should at least KNOW OF WHAT I SPEAK….

    and don’t have to guess or parrot anyone…..

  19. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    that’s the problem with some of you…love to think you know about others but would be totally DUMBSTRUCK…by who they are and what they know.

    …..i have had that specialty BEFORE the 00s….so no one can feed me shit and tell me it’s law…

  20. Artax Avatar
    Artax

    dpD…… ‘civil litigation’ is simply a generic term for non-criminal law. In other words, it is a legal proceeding that does not include criminal charges. A civil litigator is an ATTORNEY-AT-LAW specialising in civil disputes, such as injury claims, landlord v tenant, employee v employer, disputes involving contracts, ownership of property or damage to property.

  21. Artax Avatar
    Artax

    Anyone claiming to “have a specialty in civil litigation,” would either have to be a lawyer or Civil Litigation Paralegal. But, although Civil Litigation Paralegals may perform tasks similar to those of litigators, they cannot practice law.

  22. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Artax, much thanks but that’s exactly the point. I simply queried why the blogger would conflate the board category of civil litigation with the specialty area of Humans Rights law and create a distinction as she did… where none for practical purposes existed.

    The distinction made little sense to me because an attorney with a Human Rights practice would surely be a civil litigator generally … (cases of Human Rights violations can be brought in a criminal proceeding also of course most often at the nation-state level).

    A simple other comparison would be an attorney handling the specialty of Divorce Law for example who would also be a civil litigator … there should be no distinction to suggest there are TWO different specialties there!

    That an attorney or some one steeped in the law would be parsing such rudimentary jargon to remark that she has “… had that specialty BEFORE the 00s….so no one can feed me shit and tell me it’s law…” is confusingly strange!

    I am not questioning anyone’s ability. I simply noted that the statement made little practical sense … sometimes we misspeak!

  23. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    Amateurs pretending they know but don’t. If not for google would more than likely not be able to string 2 sentences together, and in spite of google still rambling all over the place.

  24. Donna Avatar
    Donna

    Artax,

    Since you guys brought it up – I saw the comment and thought, “WTH”.

    But I decided not to “target certain people all the time”.

    Wasn’t in the mood.

    But my sniffer is twitching. “Big lies on the blog again!”

    She did mentioned doing a law course before but she never claimed that she is a professional.

    Neither have ANY of her submissions suggested in depth knowledge of any law.

    I too did A law course.

    But I didn’t need that or Google to pick up on the wrongness of her argument.

    Send out the Bat Signal! By the time the Flash gets here I will be gone.

    I doing only hit an’ run like Lawson these days.

    P.S. Lawson got caught with his racist underwear around his ankles. At least he has some awareness.

    The end.

  25. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    I don’t have to claim anything, i have read law right here on BU more than once……..am sure no one noticed except those with legal minds……, don’t owe anyone anything…and definitely owe no explanation…

    there are law courses and then there are law courses, not every law course goes indepth..

  26. 555dubstreet Avatar
    555dubstreet

    Youth Advocacy Service
    Perhaps 11 years old who feel damaged or violated can file a case
    at that age they probably have had crushes before
    sometimes battles are more about winning the propaganda war

    S.H.A.N.N.O.N.

    Shannon Let The Music Play

  27. Artax Avatar
    Artax

    @ spD

    Ir”s about time you became FAMILIAR with WURA’s ‘modus operandi.’

    Rather than ADMIT when she is PROVEN to be WRONG, the lady prefers to engage in blatant manipulations of the truth or ‘written gymnastics.’
    You would also take note of how OFTEN she MISINTERPRETS SIMPLE information she Googles and copy & paste to BU.

    When further challenged, and, according to the situation, she would either CLAIM to have relatives or friends who are INTIMATELY INVOLVED in the particular situation, or she has FIRST HAND knowledge and experience relative to the issue.
    This is PREDICTABLY FOLLOWED by her ‘TRADEMARK’ AGGRESSIVE, TIRADE of INSULTS and VERBAL ABUSE.

    @ dpD, let’s be honest and ”call a spade…… a spade.’
    I’m putting it to you that WURA-War-on-U DOES NOT HAVE any QUALIFICATIONS in civil litigation.

    This type of behaviour is EXPECTED from an individual who ADMITTED to this forum that she INTENTIONALLY LIES and ‘make up things just to make things interesting.”

    “ALL BLUFFERS WILL BE CAUGHT.”

  28. 555dubstreet Avatar
    555dubstreet

    “Waru” pleads insanity your Honour

    Give Me Tonight

    Give Me Tonight (Dub Version)

  29. 555dubstreet Avatar
    555dubstreet

    The Claimant has contended that an Act of Parliament by itself cannot lawfully make Barbados a republic.
    By Grenville Phillips II … if the explanation was persuasive, I would ask the Court to stop the proceedings, and I would accept the costs.

    did GP junior receive his gate pressure

  30. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    ““Waru” pleads insanity your Honour”

    and it works…i don’t know what gets into these, they believe they are the only ones know anything, which is LAUGHABLE and SERIOUSLY LACKING…

    so am going to spend years in a metropolis country that has no restrictions on broad based education and knowledge…and don’t utilize the massive opportunities available to me back in the 90s….and return just as foolish as them….wuh i mussee dumb enuff…who don’t know where the deficit clock is in Times Square…..

    it’s a skill i use to benefit myself and family, and share with a few others….nothing to advertise unless the time is right, i don’t use it for monetary gain, did that years ago……

  31. Artax Avatar
    Artax

    Donna October 17, 2022 2:27 PM

    ‘Let’s be frank.’

    WARU is a NOTORIOUS LIAR.

    Anyone who CLAIMS to be an AUTHOR and RESEARCHER, and tries to convince us he/she is ALL KNOWING, but, cannot understand simple information…. and gets the facts WRONG 99% of the time, is a BLUFFER.

    And, despite what members of her fan club or
    anyone says, I do not make any APOLOGIES for stating that FACT.

  32. Artax Avatar
    Artax

    “it’s a skill i use to benefit myself and family, and share with a few others….nothing to advertise unless the time is right, i don’t use it for monetary gain, did that years ago……”

    I’m PUTTING IT to YOU that, despite what you claim to have, unless you are a lawyer, YOU ARE NOT QUALIFIED to PRACTICE LAW, or far less LITIGATE any Civil matter on behalf of an a Plaintiff or Defendant who is involved in a civil dispute.

    To do so, for “monetary gain,”means you’re essentially IMPERSONATING a lawyer.

    If you’re a Paralegal, then your duties would be confined to scheduling interviews, preparing the ground work for the case, etc.
    But, you would not be QUALIFIED to PRACTICE LAW law or OFFER legal advice.

  33. Artax Avatar
    Artax

    “She did mentioned doing a law course before but she never claimed that she is a professional.
    Neither have ANY of her submissions suggested in depth knowledge of any law.”
    ~~~~~~~~~~

    @ Donna

    I completed several law courses at UWI a particular school that provides such training and ACCA.

    But, that does not qualify me to claim I’m a lawyer or give legal advice.

  34. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    DUMB anonymous people looking for explanations…..and can’t explain why they lack an array of critical thinking skills and knowledge….

    dah fuh lik wunna, ya look just right in ya IGNORANT STATE….providing enterainment for those with more savvy…

    cahn defend the indefensibile…..can’t refute anything i say…..dumb as rocks….ya should’ve extended ya knowledge base…

  35. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    How can you have NO CLUE what’s going on, and it’s going on RIGHT IN FRONT OF YOU…

  36. Artax Avatar
    Artax

    WURA, bottom line is you are a JACKASS.

    You POSTED contributions to BU, using SEVERAL DIFFERENT PSEUDONYMS, including Danielle Gomez, which ISN’T YOUR REAL NAME.

    But it was only when you assumed the identity of Yokando Grant, that you decided to CUSS anonymous bloggers.

    You are a DESPICABLE HUMAN BEING
    …… a LIAR and FRAUD.

    I DO NOT HAVE AN RESPECT FOR YOU.

    You do not have any credibility and is no way ASSOCIATED with African Online Publishing.

    And I’m AWAITING comments from your fan club, so I could RESPOND ACCORDINGLY.

  37. 555dubstreet Avatar
    555dubstreet

    The negative people on Bu are invariably low energy opposition plebeians
    and like DLP and Ronnie are going nowhere fast
    next election he will lose and be replaced again

    War does not make sense
    War what is it good for
    Absolutely nothing

    Criminal Element Orchestra

    ABC / OPP (The “Yo Man, You Down With OPP?” Mix)

    Blowout Expressions – Blow Out Express

  38. Artax Avatar
    Artax

    African Online Publishing Copyright ⓒ 2022. All Rights ReservedOctober 17, 2022 1:13 PM #: “Amateurs pretending they know but don’t. If not for google would more than likely not be able to string 2 sentences together, and in spite of google still rambling all over the place.”
    ~~~~~~~~~~

    A FRAUD attempting to convince this forum she is versed in law.

    However, her contribution to the issue concerning the Trustee’s letter to claimants of Harlequin Boutique Hotel Limited, a receivership, CLEARLY SUGGESTS OTHERWISE and provides BU with ONE of MANY perfect examples of how she Googled and misinterpreted simple, straightforward information and “was rambling all over the place” with shiite.

  39. 9-day Wonder Wonder Redefined – A Matter of Governance AND Holding Public Figures Accountable | Barbados Underground

    […] The Ministry of Education-IDB Questionnaire Fiasco: The Legal and Human Rights (Privacy) Angle […]

  40. Lorenzo Avatar
    Lorenzo

    Artax where is the fraud defenders like Pacha, Skinner, Baje and TLSN? Notice everytime she is proven to be lying they all disappear rather than calling her out.I believe they are waiting for the next so called breaking story to jump on her bandwagon.I do not know why David Bu has tolerated her on his blog for so long hogging evrry story eith shite talk.In my view she should have suffered the same fate as AC and the other one from the UK.I gone.

  41. TheOGazerts Avatar
    TheOGazerts

    https://barbadostoday.bb/2022/10/20/no-brain-drain/
    Allow me to make two small points
    (1) I am wondering if the problems encountered with the “questionnaire” was what encouraged officials in Virginia to come to Barbados. Their reasoning “No self-respecting teacher would remain in a position where he/she can be kicked out of the classroom and strangers allowed ”

    (2) Education in the USA is no picnic. I am wondering if folks who can easily be kept out of a classroom are of the right metal to teach in the US. Politics, region, sex education and some rough.tough students may be too much for these Bajan flowers.

    Bajans must choose their words and acronyms more carefully. There is an element of humor in referring to the departure of teachers as “no brain drain”.
    —x—-
    Have a great y’all.

  42. Officially Avatar
    Officially

    In USA the Police had a Target to put every black youth on their Criminal Database. They stop youths on sus (suspicion) and would check their records they used to say “If you are black and don’t have a record, then you must be a liar”

    Fuck Tha Police
    Right about now NWA court is in full effect

    Order, order, order, Ice Cube take the motherfuckin’ stand
    Do you swear to tell the truth the whole truth
    And nothin’ but the truth so help your black ass?
    You goddamn right
    Well, won’t you tell everybody what the fuck you gotta say?

    Fuck the police comin’ straight from the underground
    A Young nigga got it bad ’cause I’m brown
    And not the other color so police think
    They have the authority to kill a minority
    Fuck that shit, ’cause I ain’t the one
    For a punk motherfucker with a badge and a gun
    To be beatin’ on, and thrown in jail
    We can go toe-to-toe in the middle of a cell

    Fuckin with me ’cause I’m a teenager
    With a little bit of gold and a pager
    Searchin’ my car, lookin’ for the product
    Thinkin’ every nigga is sellin’ narcotics
    Bone Thugs N Harmony

  43. Cabinet ministers rewarded for foul upsCabinet ministers rewarded for foul upsBringing News and Opinions to the PeopleBarbados Underground

    […] the 11 plus exam was to be discontinued. Her successor Kay McConney then became embroiled in the IDB sponsored survey fiasco that was surreptitiously rolled out to 733 students. The survey offended parents because of […]

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