Codrington, Barbuda – Heavily armed law enforcement officers have been stationed around Katel Hill/Louis Hill where the government is clearing land for a new development. The move has heightened tensions between the central government and the Barbuda Council over land rights and governance.

Barbuda Council Chairman, Devon Warner was denied access to the area early Saturday morning when he was told by an armed officer that he could not enter the property.

The Council has accused the government of bypassing its authority and violating the rights of Barbudans by clearing land already allocated to residents, allegedly without prior consultation. Officials cited Section 3, Subsection 3 of the Barbuda Local Government Act, which places Barbuda under the jurisdiction of the Council, as the basis for their opposition.

In a strongly worded statement, the Council described the clearing efforts as a constitutional violation and another example of unilateral decision-making by the central government.

“By clearing lands in the Katel Hill area, the Government again attempts to disenfranchise Barbudans of their fundamental rights to property,” the Council’s statement read. “The lands being cleared have already been allocated to Barbudans. Therefore, the Barbuda Council is duty bound to resist this unlawful and inhumane act. We call on the Government to respect the people and the Constitution that governs our twin island state.”

Tensions escalated on January 14 when the Council issued a cease-and-desist order to Abishur Thomas, the Supervisor of Development for the Barbuda Ocean Club. The order accused Thomas of trespassing and carrying out land-clearing activities without a permit.

Two government-owned trucks were also reportedly used by the Council to block an excavator at the site, prompting Cabinet spokesperson Lionel Hurst to condemn the action as “unlawful” and “unhelpful.” “We pray that the Barbuda Council does not engage in any kind of behaviour like that in the future. It is not helpful,” he remarked during this week’s Cabinet Press Briefing.

The Government, however, has defended the project as essential to addressing housing shortages and improving infrastructure on the island. The development reportedly includes plans for over 200 homes, a shopping mall, and other facilities. According to the Government, these initiatives are part of a broader strategy to modernize Barbuda’s infrastructure and meet the growing needs of its residents.

A 2022 ruling by the Judicial Committee of the Privy Council in the Paradise Found case, which affirmed that disputed lands belong to the Crown, has bolstered the government’s stance. Following the ruling, the government amended the Registered Land Act in July 2023 to allow land outside Codrington to be registered and sold. The amendment also permits non-Barbudans, including Antiguans and foreign investors, to purchase land—a significant departure from Barbuda’s tradition of communal land ownership.

The Barbuda Council, however, has rejected the government’s interpretation of the Privy Council ruling. In a statement issued Friday, the Council clarified that the ruling did not address the communal land system. It argued that the amendments to the Registered Land Act undermine Barbuda’s legal framework and disregard the island’s unique communal land system. “This case was not about the communal land system of Barbuda so there was no determination that all land in Antigua and Barbuda is owned by the Crown.”

The Barbuda Council argues that the current land-clearing activities at Katel Hill undermine their authority and disregard the unique communal land system that has long defined Barbuda.

On Friday, Solicitor General Martin Camacho wrote a letter to the Council Chairman which sought to “remind” the Council that lands on Baruda are owned by the crown. “There is no requirement for the crown to obtain the consent of the Barbuda Council before exercising his power to grant any land or interest in the land in Barbuda.”

In the missive the Solicitor General claimed that the Council had been made aware of the government’s plan to develop the area but did not respond to the proposal.

The letter also warned the Council against interfering with the project and threatened legal action against any attempts to impede progress.

It remains unclear whether an Environmental Impact Assessment (EIA) has been conducted for the site, but Camacho asserted that no property had been destroyed unlawfully.

Despite the tensions, the government has expressed willingness to engage in dialogue with the Council to resolve the dispute.