Attorney General Ryan Pinder said yesterday that the government is taking legal steps to seek damages from commercial enterprises that contribute to the climate crisis, which disproportionately affects The Bahamas and other vulnerable small island developing states.
It comes months after an advisory opinion from the International Court of Justice (ICJ) that the government hailed as an affirmation of its position that developed countries have a legal obligation to reduce carbon emissions and may have to pay for the damage caused.
"Our advocacy at the ICJ and our oral arguments that I presented at the Hague has delivered a persuasive opinion," Pinder told senators.
"On the heels of this, we are seeking legal advice and opinions regarding the ability of The Bahamas to bring a cause of action against commercial enterprises on the grounds that their clear and obvious contribution to the climate crisis creates liability to The Bahamas.
"We have retained lawyers in the United States and the United Kingdom to provide a legal opinion assessing the liability of bringing a lawsuit seeking damages because of the climate crisis. The Bahamas deserves climate justice.
"Parallel to this, we are also analyzing the human rights violations because of climate neglect by emitting countries to determine if advocacy before the United Nations might bear results."
Climate justice has been a key priority for the Davis administration on the international stage.
Pinder said yesterday that The Bahamas has a moral obligation to advocate for climate justice.
"Despite our morally correct posture with respect to the climate crisis and preserving the environmental assets of the country, we also recognize that it is the large industrial countries that are contributing most to the climate crisis," he said.
"The contribution of The Bahamas is negligible and certainly statistically insignificant," he said.
"I believe it is equally our moral responsibility to be on the side of climate advocacy and justice that will establish the precedent that the polluters must pay, they must take the ethical, moral and financial responsibility for the damage that they have done over the generations that have caused harm and destruction to countries like The Bahamas."
He made the comments as the Senate yesterday debated an amendment to the Bahamas Protected Areas Fund Act.
Pinder said the legislation would allow for internal capacity building that is needed to facilitate the implementation of the Debt Conversion Project for Marine Conservation.
"The effective implementation of the Bahamas Debt Conversion Project for Marine Conservation through the Bahamas Protected Areas Fund is consistent with this PLP administration's commitment to the climate welfare of The Bahamas, ensuring that we are doing our part to enhance the environment and biodiversity of our great country," Pinder said.
Last November, the government signed onto the 15-year project, which seeks to enhance the effective management of marine protected areas by building the institutional capacity of government agencies and non-governmental entities involved in marine conservation.
"This includes support for hiring personnel, provision of equipment and supplies, and funding other recurring operational needs," Pinder said.
"The Debt Conversion Project represents a long-term investment in sustainable development, and environmental stewardship."
Pinder said the Department of Marine Resources, the Department of Environmental Planning and Protection (DEPP), and the Forestry Unit identified as core governmental partners to execute the project activities.
"The current legislation restricts BPAF from funding salaries and other routine expenditures, which directly impedes the project's ability to strengthen institutional capacity," Pinder said.
"The proposed amendment would create a targeted exception to allow such funding under the Project."
He said the amendment would also enhance BPAF's government by permitting two of the government's appointed directors on the board to serve at the government's discretion instead of a fixed four-year term.
"Approval of the amendment will enable the timely release of critical funds already allocated to several government agencies including the Forestry Unit and support the project's broader execution," Pinder said.
"It will also facilitate the disbursement of community-based marine conservation grants, blue economy programs, and capacity-building initiatives across the Family Islands.
"Most importantly, the amendment strengthens the project's institutional foundation, promotes effective resource management, and supports The Bahamas' international conservation commitments."