Fears wiretapping may lead to human rights violations

The Congress of Trade Unions and Staff Associations of Barbados (CTUSAB) has expressed grave reservations about the government’s proposed introduction of wiretapping and lie detector testing as part of sweeping reforms to the national security framework.

CTUSAB General Secretary Dennis De Peiza said while the umbrella trade union body “acknowledges the state’s responsibility to safeguard national security in an increasingly complex global environment”, it is “very concerned” about the potential implications for civil freedoms, constitutional rights, and worker protections.

At a press conference held Wednesday at the Barbados Union of Teachers’ headquarters in Welches, St Michael, the umbrella body demanded robust judicial oversight, firm safeguards for civil freedoms, and greater political accountability before such measures are rolled out, warning that the rights of citizens and workers must not be sacrificed in the name of security.

“The Congress of Trade Unions and Staff Association . . . has taken careful note of the public announcement which was made by the honourable prime minister of the government’s intention to introduce legislation to permit wiretapping evidence to be admissible in the courts of law and to establish the polygraph testing for individuals with access to sensitive information under the umbrella of national security,” De Peiza said.

Whereas CTUSAB has given its “tacit support” to the proposed wiretapping legislation, under specified strict conditions “as an appropriate response to the ever-present criminal activity, gang violence, cyber crimes, money laundering, drug trafficking, and human trafficking,” De Peiza warned against “violation of the rights of persons through the acts of or against unreasonable searches and seizures by the police”.

The congress insisted that wiretapping surveillance must be managed solely by The Barbados Police Service without political intervention or interference. Any surveillance activity, it said, must be carried out only with court-approved warrants and where there is “sufficient evidence to support any suspicious behaviour or activity.”

“It must be made abundantly clear that there is no place for the conducting of unauthorised surveillance on the citizens of Barbados, civil society organisations, political parties, and business interests,” De Peiza stressed.

The planned reforms were first announced by Prime Minister Mia Mottley last month. Speaking at a media briefing, she revealed that a subcommittee of the Advisory Council on Citizenship Security, chaired by legal scholar Professor Velma Newton, had reviewed the draft legislation, which is now awaiting consideration by the full council before being sent to Attorney General Dale Marshall.

“The Cabinet and the Parliament will take the necessary steps to introduce that legislation, conscious that in many instances intel is available, but if you can’t use that intel as evidence, there is then a break between what you can carry to court and what you know,” Mottley explained then. “The government has determined that we cannot continue to have that situation obtain, and therefore we want to bridge the gap with the passage of the legislation.”

But CTUSAB warned that without proper checks and balances, the reforms could lead to overreach.

“The Congress urges the authorities to establish mechanisms to ensure that wiretapping does not violate human rights, that there is transparency and accountability in the management of the process, and that democratic principles are not compromised,” De Peiza said.

CTUSAB also questioned the use of polygraph testing on individuals in sensitive national security roles.

“These tests are not a reliable measure of truthfulness and have been shown to produce significant rates of false positives,” De Peiza said. “As such, CTUSAB urges that polygraph testing is only applied in narrow, defined, exceptional circumstances where its use is justified by national interests and never as a blanket tool for employment screening or disciplining action.”

He added that proper protocols must be developed to safeguard the confidentiality and handling of any data collected through such means.

CTUSAB was also critical of the timing of the new measures, noting the absence of long-promised integrity legislation for public officials.

“It is unacceptable that the ordinary workers and citizens should be subject to invasive measures while elected politicians or political representatives and senior public servants remain untouched by statutory transparency and accountability obligations,” the general secretary said.

“The Congress of Trade Unions and Staff Associations recommends that the government take immediate steps to enshrine judicial controls and oversight in any wiretapping or surveillance legislation, establish independent supervisory bodies to monitor implementation, restrict the use of polygraph testing to a legally justified and scientifically supported context, and prioritise the passage of long overdue integrity legislation for public officials,”
 De Peiza said. (SZB)