LAST WEEK, while in the United States, Barbados Labour Party (BLP) member and Opposition parliamentarian Mia Mottley spoke of the need for a Public Defender in Barbados. It is a commendable point, deserving of serious consideration.
The proposition of such an office to defend the rights of those who feel abused and are unable to pay to have their interest protected is difficult to oppose.
Miss Mottley illustrated her point by referring to the hardships some ordinary people suffer in their attempts to acquire lands on which they have lived for many years. She spoke specifically of the Tenantry Freehold Purchase Act, legislation from the early 1980s which was touted by many politicians as “revolutionary” in its enfranchisement of tenants.
In much the same way we have seen it as a constitutional requirement to have the Office of Public Prosecutor, there is a similar case for that of Public Defender. The citizen who does not have the money to effectively undertake a lobby cannot rely on existing legislation to redress perceived wrongs.
We have instances of attorneys at law consistently taking on pro bono those cases that impact on constitutional issues and even human rights matters. The establishment of the Office of Ombudsman has not brought much relief to those suffering injustice, whether by the state and its agents, or others.
The intent of the Tenantry Freehold Purchase Act was laudable. It was clearly aimed at bringing some social justice to the many who had worked and lived on plantations, like their foreparents before them, with little reward.
Selling tenantry land at ten cents a square foot sought to redress the situation of these disadvantaged Barbadians, offering them security in genuine land ownership. We have seen the benefits in enhanced housing across the island.
It is unfortunate that today, 30 years on, squabbles and disputes on rights and access to ownership of these lands continue despite the legislation.
But we acknowledge there are flaws in the legislation. Indeed, some observers have argued that it was poorly drafted, with the effect that many small landowners, some with as little as an acre of land but more than five rented spots, have had crushed their dream of bequeathing a plot to their relatives.
Many of the landlords in this category sought to help out those in dire need of a house spot, only to suffer for their act of kindness. These plots are rented at “give-away” prices, with little or no return to the landlord, who is often frustrated in collecting the rents. With such a debilitating challenge, these landlords feel disenfranchised.
The complaints on either side of the land issue are well known to both attorneys and politicians. Today many people across Barbados with a small holding opt to let it stay in bush rather than rent it.
They fear losing it.
Yes, the Office of Public Defender is necessary. If it comes, its wide remit must include looking after the interest of the tenant as well as that of the landlord.