The Tribune

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

The Government was yesterday said to be developing a "novel" legal argument for presentation before the United Nations (UN) that The Bahamas' "human rights" are being breached by blacklisting tactics.

Ryan Pinder KC, the attorney general, speaking at the opening of the new legal year, said: "We are working on a novel human rights position to advance globally and with the United Nations. It is our belief that the arbitrary and biased approach by the EU and OECD on financial matters, and specifically with their various lists is a breach of our human rights, and particularly a breach of our right to development.

"We have constituted a working group to review this issue and prepare a position paper, which we look to support our human rights advocacy at the United Nations (UN)." The Bahamas is presently on the European Union's (EU) blacklist of jurisdictions considered non-cooperative on tax matters - an initiative that takes its cue from the Organisation for Economic Co-Operation and Development's (OECD) harmful tax practices forum.

Similarly, Mr Pinder yesterday said The Bahamas is also treating climate change and its impacts as a "human rights" issue. "We are currently preparing a written statement to submit to the International Court of Justice requesting an advisory opinion on the obligations of states in respect of climate change," he added.

"We are calling for differentiated responsibilities of states based on proportional contribution to global greenhouse gas emissions." Mr Pinder added that the Government will acquire facilities for a commercial court and arbitration centre to help facilitate the resolution of commercial disputes.

He said the Government is encouraging mediation as a dispute resolution alternative for some matters, and a formal arbitration centre will help facilitate that. There will also be a “revision exercise” for several pieces of existing legislation during 2024.

"In the interim we are also undertaking a reprint exercise where key pieces of legislation will themselves be consolidated and officially released. We are starting with financial legislation inclusive of the Stamp Act, Value Added Tax Act and Real Property Tax Act, which we should release shortly," Mr Pinder added.

“We will have real time uploads of Gazettes separated in categories, such as legislation, intellectual property filings and general notices. We look to put this in place over the next six months which should go a long way in assisting practitioners in providing effective advice and guidance to clients.”

“This year we look forward to passing a new Legal Professions Act. This new Act will give more oversight to the Bar Council, will provide for continuing education requirements and will provide for specialty practice certificates where attorneys will be able to hold themselves out as approved specialists in particular practice areas. We hope to have the Bill ready for consultation with the bar in February.”

Turning to the Registrar General’s Department, Mr Pinder said it will officially launch its Corporate Administrative Registry Services (CARS) portal within weeks.

“CARS is a fully digital corporate registry platform that allows the user to incorporate a new company, file corporate documents, pay annual fees and obtain certified copies of corporate documents from the comfort of his own home or office, without having to physically visit the Registrar General's Department," Mr Pinder added.

"For the past three months, a few financial corporate service providers have been participating in a pilot testing of the new platform to acclimatise Registrar General's Department staff to the new platform and to ensure a satisfactory user experience.

“Following the launch of CARS, the Registrar General's Department will immediately begin the digitisation of the Civil Registry, which will include a fully digitised civil registry services platform that allows the user to obtain certified copies of birth, death and marriage records, as well as certified copies of recorded documents without having to visit the Registrar General's Department.

“The Registrar General's Department has also made significant progress in advancing a suite of legislative amendments to enhance intellectual property protection in the jurisdiction," Mr Pinder added.