Stakeholders most likely to be affected by various development projects throughout the country have mixed views about whether the government should be required by law to consult with the public before approving such projects.
Dismissing an application by the Save Guana Cay Reef Association last week for a judicial review of the government’s signing of a heads of agreement with the developers of the Baker’s Bay project on Guana Cay, Supreme Court Justice Stephen Isaacs pointed out that while there is no statutory requirement for the government to undertake public consultation before approving development projects “it may amount to good governance and good business practice where a company is embarking on a large scale project.”
Such a requirement, he pointed out, can only be established by the legislature.
Fred Smith, the attorney for the Save Guana Cay Reef Association, and members of his group had insisted that the government did not properly consult residents before approving the controversial development.
At the very least, they had asked the court to order the government to consult with Guana Cay residents before the development is allowed to proceed.
Some observers noted that the judge sent a strong message in pointing out that there is no legal obligation to consult.
But some people believe that there should be.
Tasha Bullard-Rolle, chief councilor in Bimini, is one of them.
According to Mrs. Bullard-Rolle, three parties should be represented at all negotiations for planned developments.
“I feel that it would be an excellent law (that the government should first consult) the residents or inhabitants of any area of the [country] where the government is considering putting in any major development because whatever development goes there, positive or negative, those developments will affect the people of that area directly,” she said.
“I think that once a development is proposed and the government is going to sit down and discuss that proposal there should be representation from the area where the development is planned for, the developers and the government because there is leadership in our various communities who have a feel for what is good or what will be acceptable to the majority of the people in that area,” Mrs. Bullard-Rolle added.
Last Monday, approximately 100 Bimini residents staged a demonstration at the entrance of the Bimini Bay project site after learning the previous weekend about some of the provisions agreed to by the government and the developers.
Following the heated demonstration, in which residents blocked access to the property by parking a large pay loader at its entrance, several senior government representatives, including Works and Utilities Minister Bradley Roberts, Tourism Minister Obie Wilchcombe, Minister of Financial Services and Investment Allyson Maynard-Gibson, Transport and Aviation Minister Glenys Hanna-Martin, and Bahamas Environment Science and Technology Commission Chairman Keod Smith, travelled to Bimini last Thursday to address residents’ concerns.
The chief councilor said while developments have taken place throughout The Bahamas for several decades without much visible opposition, circumstances have now changed in that a number of recent projects have encountered significant resistance.
Over the last few months, sustained campaigns have been launched against projects like the Baker’s Bay development in Guana Cay, the liquefied natural gas proposals for the northern Bahamas, a multimillion-dollar development for Harbour Island and Bimini Bay.
Mrs. Bullard-Rolle foreshadowed that such a trend is likely to continue.
“In the past, our forefathers had been kind of passive and accepting of what governments have done, but now we have a generation of people who are more educated and who are willing to take a stand,” she said.
“It’s not really a matter of opposing the government, but taking a firm stand for what [we] believe is better for [our] communities. So what (the government) was willing to hand down or what it decided it would implement our forefathers were probably willing to accept, but we are not accepting of any or everything just because it’s the government who decides that it wants to do something.”
The chief councilor also pointed out that while she was pleased with the apparent resolution to the recent controversy residents remain skeptical about whether commitments made during the meeting last Thursday will be honoured.
“An awareness has now been brought to my community and I want to assure the developers that we will be vigilant and we will be watching,” she said.
According to Mrs. Maynard-Gibson, while there is no legal mandate for the government to consult the public before granting approval to developers the government usually does so in any event.
“The prime minister made it very, very clear from May 2002 that his style of governance is to involve citizens in all major decisions that impact the way that we live and that is why in Passerine (Guana Cay) and any other significant heads of agreement we fully consult citizens,” the minister said.
“That is a hallmark of the Christie Administration and that will not change. The prime minister has been very clear about that.”
Commenting on the Supreme Court’s decision to dismiss the entire action filed by the Save Guana Cay Reef Association, Mrs. Maynard-Gibson said the legal action and adjudication represent a strong mark of democracy and assist with the investment climate.
By: Darrin Culmer, The Bahama Journal
