The government confirmed Wednesday that it will defend its controversial Cybercrime Bill at a hearing before the Washington-based Inter-American Commission on Human Rights (IACHR) in November.
Attorney General Dale Marshall revealed that the hearing, scheduled for November 11, follows a challenge filed by a group of Barbadian citizens calling themselves the Loyal Opposition, who argue that the bill threatens freedom of expression.
Marshall acknowledged receipt of official notice from the IACHR – an autonomous entity of the Organisation of American States (OAS) with a primary mission to promote and protect human rights across the Americas – and said that while the hearing would proceed, any recommendations made by the commission would not be legally binding on Barbados.
“I do confirm that a hearing is scheduled before the Inter-American Commission on Human Rights for November 11. We became aware of the documents being filed at the commission, on September 30 when the Washington office received the communication. It then came down to Barbados, and we actually received notice in my office on October 1,” Marshall told Barbados TODAY.
He further explained the nature of the hearing, emphasising that the IACHR, unlike the Inter-American Court on Human Rights, issues recommendations based on human rights concerns, but these are not enforceable.
“It is important to make that distinction. We are going to have to defend our position on the Cybercrime Bill before the commission, but this would be in the nature of a dialogue with them, and while they can issue recommendations, it is not going to be binding on us in any way,” he said.
The attorney general also noted that this was the first time the government was made aware of the identity of the petitioners. Previously, the IACHR had declined to disclose their identities, but the group has since identified themselves.
“We only now know who the petitioner is because they have said so,” Marshall said while stressing that the government’s focus is on defending the bill, which he noted was thoroughly reviewed by a Select Committee led by Edmund Hinkson MP.
The committee, Marshall explained, had taken into account several recommendations from various contributors, and adjustments to the bill had already been made.
“One of the things we are now looking at is to see whether some of the things that have been complained of by the petitioners have not already been dealt with by the select committee,” he said.
Marshall reaffirmed the government’s willingness to participate in the hearing, highlighting the administration’s commitment to consultation.
“There is no objection on the part of the government at all to participate in the hearing. We have always been a consultative government,” he said, adding that the Mia Mottley administration strongly supports the work of the human rights commission.
“It is important for us to embrace the commission and its work, and we do so now by fully participating in this hearing,” Marshall said, pointing out that a Barbadian holds a high office within the commission, underlining the importance of the country’s engagement with the IACHR.
Barbadian lawyer Roberta Clarke is president of the IAHCR, serving her first term from 2022 to 2025. Clarke has a notable background as an activist for social justice and gender equality, having previously led UNWomen regional offices in the Caribbean and Africa. She practised law in Trinidad and Tobago and has been actively involved in civil society initiatives, including roles such as Chair of the International Commission of Jurists and President of the Coalition Against Domestic Violence in Trinidad and Tobago.
emmanueljoseph@barbadostoday.bb
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