WASHINGTON, CMC – The Inter-American Commission on Human Rights (IACHR) has signaled its intention to help Barbados craft a well-defined Cybercrime Bill that balances safeguarding national security and preserving essential freedoms.
“We might be able to buttress your efforts to come up with a text,” said IACHR president Edgar Stuardo Ralón Orellana during Monday’s oral hearing of the complaint regarding the legislation.
He told both the government and the advocacy group calling itself the Loyal Opposition that the IACHR meeting is an “international dialogue” intended to facilitate constructive conversation rather than escalate into confrontation.
“We might be able to buttress your efforts to come up with a text,” he said with another IACHR Commissioner, Gloria De Mees, offered technical assistance in refining the legislation,
stressing the need to clarify the bill’s language, significantly where vague terms might impact freedoms.
Earlier, both the government and members of the Loyal Opposition pitched their concerns to the IACHR, an autonomous body of the Organization of American States (OAS) whose main task is to promote the observance and defense of human rights in the Americas.
This is the first time in two decades that the IACHR has reviewed human rights issues in Barbados amid concerns that the Cybercrime Bill could impact the rights to free speech, religion, and thought.
The Loyal Opposition, which brought the matter before the IACHR, argued that the bill should be revised significantly, noting that in its current form, it threatens fundamental human rights even as it seeks to combat the growing prevalence of cybercrime.
The group’s attorney, Julio Pohl, argued that the bill poses a particular risk to freedom of expression for social media users, artists, religious advocates, and women’s groups.
However, attorney Robert Volterra, representing the government, insisted that legislation was necessary to fight modern cyber threats.
He told the IACHR that the legislative process, which began early in 2023, has already involved “robust, transparent, free, accessible” consultation with the public and civil society.
He said further that the intention is to align the legislation with global standards, such as the Budapest Convention and the draft UN Convention Against Cybercrime.
“The Cybercrime Bill…is fully compatible with the rights to freedom of thought and expression, and freedom of conscience and religion, as protected under the American Convention on Human Rights,” Volterra said.
But Pohl said that the government’s claim of inclusive consultation was undermined by its dominance over Parliament, which limits political dialogue.
“The opposition has just one seat in parliament,” he said, noting that this imbalance hinders a meaningful exchange of views.
He criticized the government’s response to public feedback, alleging that the main result of consultations was a decision to increase penalties in the bill rather than address the underlying concerns.
“The only conclusion of those submissions was to increase the penalties from seven years to ten in jail and from BDS$70 000 to BDS$100 000 (One Barbados dollar=US$0.50 cents). If this is called listening to the people in Barbados, I don’t know what is called ignoring them,” he added.
Attorney General Dale Marshall was encouraged by the day’s proceedings and that Commissioners had endorsed the importance of protecting Barbadians from cybercrime and recognized that the government has been proactive in providing significant opportunities for civil society groups to be consulted and share their views on the bill during the legislative drafting process.
The government later issued a statement stating that it was pleased with the hearing and that “the Commissioners expressly endorsed the importance of protecting Barbadians from cybercrime and recognized that the Government of Barbados has been proactive in providing significant opportunities for civil society groups to be consulted and share their views on the Bill during the legislative drafting process.”
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