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The attempt by Barbados to introduce the Cyber Security Bill, 2024 has attracted international attention. The government recently had to defend the Bill before the Inter-American Commission on Human Rights (IACH). Although recommendations by the IACH are non binding, the Barbados government will want to avoid the international embarrassment of finding itself on the wrong side of the Commission.

The other point has been the heavy social media attention generated by the attempt to pass the Bill. The struggle between defending the personal rights of citizens and the state is real. It is important that both actors in civil society nurture an environment to determine a harmonious state between actors in civil society.

ADF International legal counsel Julio Pohl alongside Barbados citizens and presenters at the Inter-American Commission on Human Rights hearing, including Donald Leacock, Shaquani Hunte, Timon Howard, and Ferdinand Nicholls 

It seems the more significant opposition to the Bill is linked to a large fine of $70,000 and 7 years prison sentence that can be imposed on users deemed to have “publish, broadcast, or transmit data that is offensive” for the purpose of causing “annoyance, inconvenience,” “embarrassment, anxiety” or “substantial emotional distress.” 

The government may argue that the content of the Bill aligns with international best practices, BUT, the nuance of how we want to live in our small country must be the deciding factor how laws are designed.

The scholarship on these matters that would have come from the late Jeff Cumberbatch is missing at this time. A pity with so many lawyers registered in Barbados.


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63 responses to “Cybercrime Bill giving government a black eye”


  1. “publish, broadcast, or transmit data that is offensive” for the purpose of causing “annoyance, inconvenience,” “embarrassment, anxiety” or “substantial emotional distress.”

    comments and opinions is not data

    definition of data
    facts and statistics collected together for reference or analysis

    data is the truth


  2. All the presenters at the IAHCR had to do was to say there is no opposition in Barbados and hence no government.

    The other side has no standing in this matter!!


  3. The IAHCR has no standing in the domestic affairs either.


  4. So why did the pseudo GOB hire some high priced lawyer to represent its interests before the IAHCR?


  5. There are reputational and other considerations given our membership in the global community.


  6. You are using the wrong word!!

    Here is another aspect of the Barbados legal system expressed in the US legal system and how it is dealt with.


  7. The blogmaster will defer to you and your scholarship of course.


  8. This may help you.

    https://barbadostoday.bb/2024/10/17/constitutional-expert-concerns-valid-but-citizens-case-at-iachr-may-fail/

    However there is an alternative view from Artificial Intelligence!!

    AI Overview
    Learn more

    Yes, Barbados has accepted the jurisdiction of the Inter-American Court of Human Rights (IACHR). This means that the IACHR can issue binding judgments on alleged human rights abuses in Barbados. Barbados is one of the few countries in the Americas that fully accepts the IACHR’s judgments.

    The IACHR is a body of the Organization of American States (OAS) that promotes and defends human rights in the region. The IACHR’s functions include: Resolving contentious cases, Monitoring compliance with judgments, Providing an advisory function, and Ordering provisional measures.

    The IACHR has issued reports and precautionary measures in response to complaints about human rights violations in Barbados, including:

    DaCosta Cadogan v. Barbados

    The Commission found that Barbados’ mandatory death penalty for murder violated the rights to life, humane treatment, and fair trial

    Boyce et al. v. Barbados
    The Court found that Barbados’ mandatory death penalty for murder violated the rights to life and humane treatment


  9. You can post what you want it doesn’t change the fact IACHR findings are not legally binding on Barbados.


  10. Looks like the government like having a black eye.

    GIVE UP THE SUGAR!

    by MARIA BRADSHAW

    mariabradshaw@nationnews.com

    THE NEW COMPANY which took over the sugar industry ten months ago is still waiting for Government to sweeten the deal by removing itself completely from the operations.

    In a stinging report to members on November 15, president of CoopEnergy Barbados, Trevor Browne, stated that Government had reneged on the agreement to have the new operations 100 per cent privately owned and had submitted a new agreement, after the official handover, to retain a 25 per cent interest in the new operations and also have two members of the Barbados Agriculture Management Company (BAMC) sit on the board.

    In addition, Browne charged that Government had to date failed to provide the new company with any financial reports and this was thwarting its efforts in moving forward.

    In the two-page report to update members on the initiative, he explained that the divestment agreement it made in 2023 stated:

    The new operations were to be 100 per cent privately owned and managed;

    BAMC’s former sugar workers were to become 20 per cent shareholders of the new operation;

    • CoopEnergy was assigned 55 per cent shareholdings;

    • The remaining 25 per cent shares were to be made available for private investors; and

    BAMC was to withdraw from the

    business.

    “Our proposal was accepted in principle by the BAMC and Ministry of Agriculture, and the usual transfer process commenced around May 2023,” Browne wrote.

    He pointed out that on December 18, 2023, the BAMC officially wound up its sugar operations and handed control over to two new entities – the Agricultural Business Company (ABC) and the Barbados Energy and Sugar

    “This time frame was set to conform with IMF (International Monetary Fund) stipulations in relation to the imminent disbursement of certain loan funds to Barbados.”

    However, Browne said that following the handover, Government changed the deal.

    “Subsequent to this handover from BAMC, both BESCO and ABC boards were notified of certain fundamental changes to the initial arrangement agreed. (A) Government decided to retain a 25 per cent interest in the new operations. (B) Two members of the BAMC board . . . would represent this 25 per cent interest on ABC/BESCO boards.”

    He added: “Repeated requests by the new boards for access to current financial reports have all gone unanswered. These are obviously needed in order to verify the value of assets and any liabilities being transferred that are to be associated with the new companies. The reports are also urgently required in order for potential credit union investors to properly assess their own investment options.

    “It now appears that Government has adopted the new position that CoopEnergy needs to pay up its shareholder funds before having access to the requested financial reports that can verify the current state of the assets.”

    Browne reiterated that “this is to be a new operation that is privately owned and managed. Any form of continued Government ownership and control now brings a completely different dynamic to the table, and we are obviously concerned that the history of such relationships has been dismal”.

    Hampered plans

    He also expressed disappointment that this state of affairs had further hampered their plans to include the former BAMC workers as shareholders.

    “One of the key aspects of our interest in this project has been the plan to include workers as shareholders, with meaningful representation in the boardrooms. We fully expect that the workers will now be very disappointed with the lack of progress in this regard.”

    Browne charged: “Clearly, the co-op movement cannot be ‘buying a pig in a poke’, and while we have agreed to buy the allocated shares at the original price offered, this has to be conditional upon us first verifying that the shares are indeed worthy of the values initially being proposed by BAMC. Even the physical list of actual assets to be transferred remains elusive, and these items have been changing from month to month.”

    In relation to the much-talked-about input from the credit unions, Browne said: “No credit union or cooperative in Barbados is presently in a position to authorise such significant investments in an industry that has been known to be failing, without complete financial disclosure as well as coherent business projections that clearly show how previous failings are being addressed.

    “It appears that, in the interim, Government has taken the position that in the absence of actual investments by CoopEnergy up front, the full handover to ABC and BESCO has been put on hold.

    “This current situation has presented a catch-22 position, which has been communicated to the BAMC and to the minister. After an initial meeting with the minister to outline the problem, no further word has been received from Government on resolving the impasse despite numerous efforts by CoopEnergy to complete the matter.”

    With the onset of the 2025 sugar industry on the horizon, he said “the stalemate with Government’s representatives has dragged on and on, since December 2023”.

    Browne, who had previously said that CoopEnergy would be investing $100 million to get the industry going, lamented this state of affairs.

    “We entered this arrangement with Government with great enthusiasm and with high hopes for its successful expansion into the energy sector. We are now even more convinced of the project’s viability and of its importance to the people of Barbados. This is, however, all provided that it is managed on a purely business basis, and not subjected to the traditional political and bureaucratic influences that previously plagued the industry.

    “In the interest of the sugar industry, the sugar workers and the people of Barbados, CoopEnergy is fully committed to this project and we are prepared to pursue our interest rigorously. We are therefore calling for [an] urgent intervention by Government to address our stated concerns.”

    When contacted, Browne confirmed the report and directed this newspaper to Government, stating: “There is a process to completing such transactions. We have followed the process. Perhaps Government will be able to explain why they have been unable to do so.”

    The DAILY NATION was unable to reach Minister of Agriculture Indar Weir despite numerous attempts via telephone and WhatsApp messages.

    When contacted, Minister in the Ministry of Finance Ryan Straughn indicated that he was engaged in several meetings but said: “Let me look into this with the Ministry of Agriculture.”

    No other response was forthcoming.

    Source: Nation


  11. In a stinging report to members on November 15, president of CoopEnergy Barbados, Trevor Browne, stated that Government had reneged on the agreement to have the new operations 100 per cent privately owned and had submitted a new agreement, after the official handover, to retain a 25 per cent interest in the new operations and also have two members of the Barbados Agriculture Management Company (BAMC) sit on the board.

    +++++++++++++++++++++++++++++++++++++

    There are numerous family companies formed in WWII and shortly afterwards which were formed like Kingsland!!

    I stopped recording once I got to a dozen which represented close to10,000 acres.

    What that means perhaps is the GOB does not have marketable to the lands that COOP Energy was expecting to have conveyed to it!!

    Man, this is a mess.

    If the GOB led COOP Energy to believe it had marketable title to the land and it could convey title to COOP Energy, that is fraud!!


  12. What I seem to remember was BAMC LEASED lands from the private companies which owned them.

    I could see the leases being transferred to COOP Energy, but not the ownership of the land.

    You would have to look at the indentures which conveyed the plantations to the private companies that came to own the plantations.


  13. Kingsland lands could be leased for agriculture but not sold outright.


  14. BAMC may own no assets in the form of land which can be divested because they require releases!!


  15. The dozen or so private companies which actually own the plantations and lands farmed by BAMC were set up in the 1950’s and 60’s by the major solicitor firms in Barbados at the time. Cottle Catford did the bulk, but also Carrington and Sealy and Yearwood and Boyce. The practices employed by those old “conveyancers who did not make mistakes” were in common usage.

    You can depend, that the lands are tied up tighter than Fort Knox to protect their original owners from fraud and theft.


  16. It is very possible that the sh!t may soon hit the fan.


  17. We continue to be deeply concerned that Ralph Thorne’s DLP has overly and dominantly become no more than an open sepulcher for elements from an American brand of far right wing Zionist-Christians.

    That Ralph Thorne himself is a born again Christian operating under the misperception that some kind of re-establishment of a church governance could be the savior for Barbados.

    And while we have had concerns about Mottley’s irrational acceptance of the woke-ist bullshit from Washington town this headlong lurch into this Christian rasssoul by Thorne is another hell to be avoided.

    Yes, Mottley needs to be vigorously opposed but this is not it!

    Now we are further alarmed to hear that the ADL, a Zionist-Christian, racist organization, based in the USA, is through stealth, guiding the religiosity being constantly spewed by a Ralph Thorne.

    That in 2024 when these people are committing genocide in Palestine and when we now know with certainty that this complete Bible is a potpourri of provable lies that a Bajan would attempt to plunge this country into what had enslaved our ancestors must represent a level of depravity unknown within the annuls of time.

    It’s a Christian hell far worse than any cyber bill!


  18. And we recently heard the Christian-Zionist, Ferdinand Nicholas, an arch supporter of Thorne, condemning the BLP for meeting with what he and the White people continue to call ‘the communist party of red China’

    China the country which much could be learnt from. A country which has achieved much in 40 years. But that asshole can do no better than mouthed the old canard of his stinking Jesus people.


  19. As I stated from the moment I heard Ralph Thorne’s first speech – the direction he is going in is a horribly backward step and must be strongly resisted. My ears are always finely tuned to language and therefore it does not surprise me to learn from whence this “rhetoric” has spawned.

    But, I am only a woman and therefore not very bright. Perhaps I should shut up and listen to the wisdom of people with balls and a stick.

    Apparently, they augment the power of the brain to think rationally!

    🤣🤣🤣🤣🤣🤣🤣


  20. @Donna

    There is this mirroring of US and global politics. The rise conservatism. RAT maybe trying a thing.


  21. What is a Christian-Zionist?


  22. “What is a Christian-Zionist?”

    They are the New Nazis✞✡
    (✞✡) people become like their worst enemies eventually

    Israel is an apartheid abomination colonialist state
    they can’t live in peace and love with their indigenous neighbours

    After World War II UK/USA formed Zionist state of Israel for East European Yids
    which became the Anglo-American Middle East military base

    Dogwhistle racists populism ism schism
    Trump cunts chat about Judeo-Christian values*
    (*) meaning anti-Islam**
    (**) meaning anti-black x anti-brown***
    (***) meaning white supremacists revival style

    Can’t Take Another World War


  23. “There is this mirroring of US and global politics. The rise conservatism. RAT maybe trying a thing.”

    That’s why Tricia Watson would have been a much prettier face to lead the DLP
    She would have been better (best) choice for the party
    but the Thorne Klan put their interests before DLP party’s best interests
    and catch a fire and get burned

    disclaimer this is my humble opinion and does not represent the views of the BU blog


  24. Men like Mike Huckabee, that’s what!


  25. David,

    Wonder what Jacqui thinks of it?


  26. Would you consider GP to be a Christian Zionist?


  27. GP is insignificant. Men like John Hagee, that’s what!


  28. Trump’s nominee for ambassador to Israel – Mike Huckabee!


  29. According to the Internet, a Christian Zionist is defined as follows:

    “A Christian Zionist is someone who supports the state of Israel and Zionism based on their Christian beliefs. Christian Zionism is a millennial movement that includes people from many Christian denominations, but is especially popular among socially conservative evangelicals.”

    Clearly a Christian believes what is written in the Bible and so any Christian is by definition a Christian Zionist.

    I am thus besides, being a Christian, a Christian Zionist because my understanding of what is written down in the Bible for however many thousands of years is that the New Jerusalem will be in Israel where all believers will end up, both Jew and Gentile.

    Contrary to what is written on the Internet, it is a movement that has existed for millennia and did not suddenly arise in the year 2000.

    Artificial Intelligence at its brilliant best and wrong again!!

    This movement encompasses all the Christians in the world, all 2.4 billion, about 33% of the world’s population.


  30. … Barbados is supposed to be a Christian nation which means that most Barbadians are also Christian Zionists!!


  31. A Zionist may not be a Christian.

    Most will be Jews on their way back to Israel and Zion as prophesied in the Bible.


  32. … then again a Zionist may be a Christian.

    A Jew can be a Christian.

    After all, Jesus was a Jew.


  33. Bullshit!


  34. Bethlehem Palestine was mentioned in the Bible but the dutty Christian Zionist Warmongers have bombed the shit out of the place of birth of the Prince of Peace

    They are perpetrating the DEvil’s finest works

    Matthew 2:6 And thou Bethlehem, [in] the land of Juda, art not the least among the princes of Juda: for out of thee shall come a Governor, that shall rule my people Israel.


  35. “The word “Palestine” does not appear in the New Testament, but it does appear in the King James Version of the Bible in Joel 3:4. The word “Peleshet” appears in the Hebrew Bible in Exodus 14:14, Isaiah 14:29, 31, and Joel 3:4. In the English authorized version of the Bible, “Peleshet” is translated as “Palestina” or “Palestine”. However, in the revised version, “Palestina” and “Palestine” are replaced by “Philistia”. ”

    Philistine …… Goliath was from Gaza as was Samson.


  36. Any Christian chosen by Trump to perform any task will by definition be a Christian Zionist.


  37. Major achievement.


  38. This writer never has or ever will have any particular leanings towards any party or political operative.

    And while some have contended that there is some right to a religion this writer has never been persuaded that the wanderings of reckless minds comprise the ingredients of sound public policy.

    Certainly, history has taught us that these two are not mutually exclusive and are best separated.

    Meaning that the politician should never be able to blame somebody in the shy for her abject failings. And the church mouse should never be able to blame the polity for the poverty unremitting.

    Similarly, this writer, and we suspect most will, be willing to countenance politicians and would-be politicians engaged in a level of ramblings from their book, as is a general norm.

    However, when through stealth, these forces seek to amass political based on an alter of misguided religious indoctrination and not hard science a clear and unambiguous message of rejection is best sent.

    Recall, that Pacha was maybe the first here to ask this blog whether Ralph Thorne was a born again Christian. No answer was ever rendered. For the man known would have had to so be to be constantly talking such shiite and being influence by such minded idiots, the chirch people around him..


  39. Political power


  40. I wonder why Hants is trying to mash William Skinner’s corns.


  41. This is the way I tan tanner than tan..
    Religions come from the Global South not the frigging f’king hypocritical Global North aka Babylon where the wicked white man devils come from
    “Nothing can live there without faith.”

  42. NorthernObserver Avatar

    Dear Mr Browne:
    Wake up.
    Despite recognizing Annual Reports for public entities were lacking and required, this administration is even worse than it’s predecessor.
    These feckers, moved the NIS to NISSS, without a single NIS Annual Report in the past 18 years, and without declaring exactly what was transferred.
    And now you expect after being handed an UNTENDERED deal, you will be provided with any Reports? And surprise they want a piece of the pie.


  43. @John November 20, 2024 at 10:12 am “After all, Jesus was a Jew.”

    But he wasn’t a Christian.

  44. Trevor Browne - President Avatar
    Trevor Browne – President

    Dear Mr NorthernObserver

    Thank you for your wake up call, but CoopEnergy is already wide awake, and ready to bring much needed change to business in Barbados. We are very much aware of the concerns that you have raised, and we fully appreciate the urgent need for change. This is why we are at pains to do things correctly from the very start.

    What CoopEnergy is requesting – are final, certified assets and balances as at December 19, 2023 when the official transfer of ownership was scheduled to occur, and of course all subsequent current management reports up to the final hand-over date.

    Any other outstanding reports prior to that date remains an issue for BAMC and government to resolve, and presumably, this is why a scaled down BAMC operation remains in existence.

    CoopEnergy fully appreciates the challenges faced by government in these matters, however we also understand the significance of this opportunity to bring revolutionary change to this important area of business in Barbados, while operating with the full transparency and openness demanded by the Co-operative Principles.

    It was never our expectation that such a revolutionary transition would be a simple straight-forward matter. The sugar industry has been in trouble for the last 80 years, and it will not be turned around in a matter of weeks. However, the future potential that presents itself – in the form of efficient agricultural, and sustainable energy production, makes the effort more than worthwhile.

    Even more significant to this effort, is the opportunity to demonstrate the capacity of co-operative ownership to bring together the creativity, financial, labor, management, and policy resources of large numbers of citizens, to revolutionize the ownership and productivity profile of the country.

    The local credit union movement has already demonstrated the potential for outstanding success in this regard – in the financial savings and loans arena.

    What CoopEnergy is requesting is therefore more than reasonable in the circumstances. Indeed it is the minimum that can be contemplated as a serious business transaction.

    Our interactions with the Minister so far suggests that his ministry fully appreciates and supports the proposed changes in the industry, and that he is working to address the, no doubt, complex obstacles that have led to the difficulties which you have outlined, with public sector reporting in the past.

    Our recent communication simply brings our membership up-to-date with our progress, as is a requirement of our co-op way of doing business.

    Trevor Browne
    CoopEnergy Barbados


  45. Trevor Browne – President
    November 21, 2024 at 7:58 am
    Rate This

    Dear Mr NorthernObserver

    It was never our expectation that such a revolutionary transition would be a simple straight-forward matter. The sugar industry has been in trouble for the last 80 years, and it will not be turned around in a matter of weeks. However, the future potential that presents itself – in the form of efficient agricultural, and sustainable energy production, makes the effort more than worthwhile.

    ++++++++++++++++++++++++++++++++++++++

    Sorry Trevor, the sugar industry was booming between 1940 and 1970 with prices increasing by a factor of 10 and output doubling.

    Revenue increased by a factor of 20.

    The revolutionary transition took place in those thirty years and solved the economic hell of the 20’s and 30’s.

    It gave us the Deepwater Harbour, the QEH and financed the improvements to Seawell Airport.

    The sugar industry has been in trouble since Independence as any graph of output and price would show.

    Check Landell Mills.

    It is the politicians who have destroyed it.

    One of the problems you are going to experience if you haven’t already, is the ownership of the assets, by which I mean land.

    I suspect that you will never get what you are requesting, final, certified assets and balances as at December 19, 2023 when the official transfer of ownership was scheduled to occur, and of course all subsequent current management reports up to the final hand-over date.

    Unless things have changed when BAMC leased plantation lands in the 1990’s, the best you will get are the leases on the lands owned by several private companies.

    These companies were formed to protect their owners from the liability of the loans they took out to improve the sugar output by a factor of two to maximise the country’s income from the tenfold increase in sugar prices after WWII.

    …. unless of course you can persuade the GOB when we actually get a constitutional one to change the constitution with respect to property rights of its citizens

    For the moment you are dealing with a party that has no standing and cannot give you what you want.

    You could sue the office of the AG by way of a Constitutional motion and place the Government on the hook for perpetual finance!!

    Fraud is fraud!!


  46. You might actually get the 30 imposters locked up!!


  47. …. and pelt in a few senators too!!

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