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The 1983 Constitution of Saint Kitts and Nevis guarantees freedom of expression, under Section 12, which protects the right of people to hold, receive and communicate ideas and information without interference, including freedom of the press, and freedom of conscience.
Key details regarding freedom of expression, specifically in Saint Kitts and Nevis’ Constitution, in its definition and scope of Section 12 (1), ensures a person shall not be hindered in the enjoying freedom of expression, which includes freedom to hold opinions, receive ideas and information, communicate ideas and information, without interference – and they can do it of course via the media.
When the Constitution of Saint Kitts and Nevis was discussed, ratified and passed, it was during the Independence of the Federation. Of course, the constitution was negotiated with the British before that date.
In those days, social media was not the way it is now, where people could come online, on Facebook, WhatsApp, Instagram and TikTok etc., and basically lambast and slander individuals. The framers of the constitution did not envision this. The resulting litigation for the free-for-all behaviour in these times could be severe.
During the discussion of the Destiny project and the SSZ, The Observer has been very careful about allowing persons to use the newspaper to malign and libel other persons. We allow Mr. James Gaskell to write his articles, because we believe that Mr. Gaskell being a lawyer, and being a very wise man, would be careful extremely careful with what he writes about others.
In one of his articles, Mr. Gaskell said that he is not against development, he feels that the developers should submit the project under the normal Nevis laws and not under the SSZ.
Well Mr. Gaskell you’re onto something, because when the promoters of Destiny first submitted the project to the government, it was not under the SSZ. It was a regular project.
Apparently, both governments – the NIA and Federal – given the possible influx of approximately 7,000 – 10,000 persons, saw it as an opportunity to create an SSZ and mandate that all the applicants, all the persons buying land, must become citizens.
That might not have been the original plan of the promoters. Some persons don’t want to change citizenship. Some would want the option of having the choice of a permanent or temporary residence. Some would not be on the island year-round, just using the facility as a holiday getaway during the winter months.
So the government decided to come with this SSZ legislation, but amid all the confusion and rancour, never was there any indication from anyone that the promoters never sought an SSZ, and in fact it was the government’s idea.
As a result, Olivier Janssens et al have been and are still being needlessly and relentlessly subjected to a merciless barrage of vitriol and slander. That is unfortunate. We foresee serious legal consequences for those who know not of whom or what they speak.
It is also an inopportune time. We are now seeing the United States changing its immigration policies on a daily basis. The European Union has sent warnings to Saint Kitts and Nevis and the other Caribbean islands about the Citizenship by Investment programme. Everything considered, it is vitally important to recognise that the world is tightening; things are changing dramatically.
In our view, Destiny is the perfect vehicle now to be able to create jobs for young people coming out of school. We could have training programmes so that they could be well versed in all facets – technical aspects in particular such as electrical wiring, repairing machinery, plumbing, tiling, general construction.
Destiny is going to be a big project – most likely two or three hotels and marinas, upscale dwelling. If Saint Kitts and Nevis allows this to pass, it is unlikely that anything similar will ever present itself again. There is no reason why sealing a deal should take so long. Interestingly, there are islands in proximity to us that are trying to woo the Destiny investors, because they recognize the capability of these wealthy individuals to do what they say they are going to do and not be dependent on local sources.
Nevis must step forward and take charge. The loss of such an opportunity would be unforgivable.
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