IACHR 166TH SESSION CURRENTLY TAKING PLACE IN BARBADOS

By OSWALD T. BROWN

WASHINGTON, D.C., April 22, 2024 – Barbados currently is hosting a session of the Inter-American Court of Human Rights (IACHR) for the first time. Beginning today, the Court’s 166th session — a four-day event — is taking place at the University of the West Indies Cave Hill Campus in the Sagicor Cave Hill School of Business and Management.

At a Ministry of Foreign Affairs press launch on Friday, April 19, Attorney General Dale Marshall explained that the hearings aim to discuss the impact of climate change on human rights.

Barbados Prime Minister Mia Mottley (right) arriving at today meeting of the166th session of the Inter-American Court of Human Rights (IACHR)

The historic hearings are focused specifically on the court providing an advisory opinion on the human rights impacts of climate change in the region. Several countries and civil society groups are expected to make submissions.

“When climate change has a deleterious effect on the ability of our societies to survive, then clearly the fundamental human rights of individuals are impacted,” said Attorney Marshall. “Therefore, this is not being litigated in an economic court. It is being litigated and considered in a court that looks at how people live, work and survive and, therefore, the Inter-American Court of Human Rights is very important for us.”

While the court’s decisions would not be legally binding like a High Court ruling, the attorney general said, “It sets out an exposition of the legal principles …. These advisory opinions reflect a clear understanding of and a statement of the law, and therefore they are considered to be a very important and influential resource for member states.”

Foreign Minister Kerrie Symmonds highlighted the significance of the event, given insurance challenges facing the region related to climate change.

“If we do not have insurance, we cannot speak sensibly to the issue of investment…. The absence of insurance or the inaccessibility of insurance because of the cost of the premium effectively means that we are uninsurable and therefore we reduce our ability to expand our economies.”

The proceedings are being  overseen by UK-based international law firm Volterra Fietta, which has previously done work for the government’s maritime boundaries negotiations. Owner Robert Volterra described it as “an important step in the legal process”, noting close work with Barbadian officials to achieve the policy objectives of the involved states.

Based in the Costa Rican capital, San Jose, the IACHR is one of two bodies that make up the human rights protection system in the 34-nation Organisation of American States (OAS), along with the Inter-American Commission on Human Rights. Its objective is the application and interpretation of the American Convention on Human Rights and other treaties concerning the protection of human rights in the Americas. All OAS member countries are automatically subject to the court’s advisory authority once they ratify the Convention.

Barbados, Suriname, and Haiti are the only Caribbean Community (CARICOM) countries that have recognized the Court’s contentious jurisdiction. The other countries are Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Uruguay.

BAHAMAS CHRONICLE EDITOR’S NOTE: Amber Turner, who lives in Freeport, Grand Bahama, today reposted a collection of photos originally posted by The University of the West Indies Cave Hill Campus on the IACHR 166th Regular Session in Barbados with the following narrative:

“Submissions from more than 60 delegations will be heard on issues surrounding climate change and human rights, as the Inter-American Court of Human Rights (IACHR) holds its 166th Regular Session in Barbados. The sitting is taking place this week at The University of the West Indies (The UWI) Cave Hill Campus in the Sagicor Cave Hill School of Business and Management.

The Public Hearings commenced with an opening ceremony, during which Judge Nancy Hernández López, the President of IACHR, addressed the attendees. Following her address, Hon. Kerrie D. Symmonds, M.P., the Minister of Foreign Affairs and Foreign Trade, and Senior Minister coordinating the Productive Sector, also delivered remarks.”

As I noted in a previous post on Facebook after Amber’s recent participation in the 2024 ECOSOC Youth Forum in New York as one of The Bahamas’ representatives, I am immensely proud of Amber Turner, who is granddaughter of the late George A. Smith, a very close and dear friend and political colleague during the struggle for majority rule in The Bahamas in the 1960s. Amber’s mother, Gina Smith Turner, is George’s daughter and my goddaughter.

Clearly, as Amber’s post strongly indicates, she has an extremely bright future in politics or whatever national commitment she may make in the future.