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ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures

Barbados

(Latin America/Caribbean) Firm Clarke Gittens Farmer

Contributors Shazard Mohammed

Updated 22 May 2024
ESG Regulation related to climate change prevention or mitigation, specifically concerning carbon footprint or pollution measurement, decarbonization strategies, and/or mandates and strategies to achieve local carbon neutrality commitments

There are currently no specific laws or regulations relative to climate change prevention or mitigation concerning carbon footprint however, the Ministry of Energy and Business of Barbados has adopted the Barbados National Energy Policy (BNEP 2019-2030) that proposes a one hundred percent (100%) renewable energy and carbon neutral island- state transformational goal by the year 2030 for Barbados.

The scope of the application of this law is State.

ESG Regulation regarding energy transition (requirements or promotion and use of new second-generation renewable energy sources such as solar, wind, tidal, H2, geothermal, among others).

There are currently no specific laws or regulations regarding energy transition (requirements or promotion and use of new second-generation renewable energy sources such as solar, wind, tidal, H2, etc.) however, the Ministry of Energy and Business of Barbados has adopted the Barbados National Energy Policy (BNEP 2019-2030) that proposes a one hundred percent (100%) renewable energy and carbon neutral island- state transformational goal by the year 2030 for Barbados.

ESG Regulation concerning electricity markets, carbon markets, or similar.

Not applicable.

ESG Regulation in the realm of green or sustainable financing, including taxonomies, provisions for mandatory reporting of material financial information on environmental or social matters, as prerequisites for issuing thematic bonds (green, sustainable,

There are currently no specific laws or regulations in relation to green or sustainable financing in Barbados.

ESG Regulation for preventing greenwashing.

Laws/regulations concerning preventing greenwashing include: 

  • Consumer Protection Act, Cap. 326D
    There are currently no specific laws or regulations in relation to the concept of 'greenwashing', however in accordance with the Consumer Protection Act, Cap. 326D of the laws of Barbados, the false representation of consumer goods and services by suppliers are prohibited.

    Specific reference: Part III - Unfair Trade Practices - section 13 of the Consumer Protection Act, Cap. 326D of the laws of Barbados.

The scope of the application of this law is State.

Regulation on ESG Due Diligence applicable to value chains (MRV protocols to ensure the environmental integrity of products and services, etc.).

There are no specific laws or regulations in relation to ESG Due Diligence applicable to value chains (MRV protocols to ensure the environmental integrity of products and services in Barbados.

Regulation in the field of circular economy.

Laws/regulations concerning the field of circular economy include: 

  • Control of Disposable Plastics Act, 8 of 2020
    Reducing waste (specifically plastic waste) to a minimum by prohibiting the importation, manufacturing, and retail of certain disposable single-use plastics.
  • Returnable Containers Act, Cap. 396A
    Controlling the sale of beverages in beverage containers, the payment of a deposit on beverage containers, a refund for the return of those containers and the final disposal or recycling of unused or usable containers.
  • Control of Inefficient Lighting Act, 2021-13
    The phased elimination of the use and sale of inefficient electrical lamps with the objective of reducing the cost of energy in Barbados, increasing energy security and mitigating the negative effects of energy consumption.

The scope of the application of these laws is State.

ESG Regulation related to stakeholder well-being and social impact.

Laws/regulations concerning stakeholder well-being and social impact include: 

  • The Constitution of Barbados, Cap. 1
    The Constitution as the supreme law of Barbados does not specifically treat the concept of modern-day slavery, it provides for the protection of persons from slavery and forced labor in Barbados.

    Specific reference: section 14 of the Constitution of Barbados, Cap. 1 of the laws of Barbados.

  • Offences Against the Person Act, Cap. 141
    The Offences Against the Person Act, Cap. 141 of the laws of Barbados makes it an offense to buy or dispose of persons as a slave in Barbados.

    Specific reference: sections 33 and 34 of the Offences Against the Person Act, Cap. 141 of the laws of Barbados.

The scope of the application of these laws is State.

ESG Regulation concerning non-discrimination.

Laws/regulations concerning non-discrimination include: 

  • Employment (Prevention of Discrimination) Act, 2020-26
    There is currently no specific ESG law or regulation concerning non-discrimination in Barbados, however, the Employment (Prevention of Discrimination) Act, 2020-26 of the laws of Barbados seeks to protect persons from discrimination by an employer in Barbados.

The scope of the application of this law is State.

ESG Regulation pertaining to the prevention of modern slavery.

Laws/regulations concerning the prevention of modern slavery include: 

  • The Constitution of Barbados, Cap. 1
    The Constitution as the supreme law of Barbados does not specifically treat the concept of modern-day slavery, it provides for the protection of persons from slavery and forced labor in Barbados.

    Specific reference: section 14 of the Constitution of Barbados, Cap. 1 of the laws of Barbados.

  • Offences Against the Person Act, Cap. 141
    The Offences Against the Person Act, Cap. 141 of the laws of Barbados makes it an offense to buy or dispose of persons as a slave in Barbados.

    Specific reference: sections 33 and 34 of the Offences Against the Person Act, Cap. 141 of the laws of Barbados.

The scope of the application of these laws is State.

ESG Regulation regarding Diversity, Equity, and Inclusion - DEI.

Laws/regulations concerning Diversity, Equity, and Inclusion include: 

  • Employment (Prevention of Discrimination) Act, 2020-26
    There is currently no specific ESG law or regulation regarding the concept of diversity, equity and Inclusion (DEI) in Barbados, however, the Employment (Prevention of Discrimination) Act, 2020-26 of the laws of Barbados seeks to protect persons from discrimination related to employment in Barbados on the basis of, inter alia, race, origin, sex, creed and sexual orientation. 

The scope of the application of this law is State.

Regulation on ESG-linked compensation.

There are no laws or regulations on ESG-linked compensation in Barbados.

ESG Regulation for the protection of vulnerable or minority communities.

There are no specific laws or regulations for the protection of vulnerable or minority communities in Barbados.

ESG Regulation for economic development of vulnerable or minority communities or groups.

There are no laws or regulations for the economic development of vulnerable or minority communities or groups in Barbados.

Regulation on Personal Data Protection, concerning data usage transparency, limits on data usage to prevent discrimination issues, and corporate digital responsibility.

Laws/regulations concerning Personal Data Protection (data usage transparency, limits on data usage to prevent discrimination issues, and corporate digital responsibility include: 

  • Data Protection Act, 2019-29
    The Data Protection Act, 2019-29 of the laws of Barbados (the "Act") provides guidance on the capture, processing, storage and transfer of data. Whilst the concept of corporate digital responsibility is not defined in the Act, captures any "body, association or other entity incorporated, organized, registered or otherwise formed under any enactment" in Barbados. Additionally, the Act allows for the processing of sensitive personal data for identifying or keeping under review, the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins with a view to enabling such equality to be promoted and maintained in Barbados.

The scope of the application of this law is State.

ESG Regulation regarding the integration of the board of directors, board of trustees, or management body of the company (minimum participation/representation of women or minority groups, guidelines on the composition of board members with expertise in ES

There are no ESG laws or regulations regarding the integration of the board of directors, board of trustees, or management body of the company such as minimum participation/representation of women or minority groups, guidelines on the composition of board members with expertise in ESG matters, etc. in Barbados.

Regulation on fiduciary responsibility and administrators' roles in environmental and social risk management (standards or interpretations regarding the scope of fiduciary responsibility or administrator's duty concerning the company's social purpose, bas

There are no laws or regulations on fiduciary responsibility and administrators' role in environmental and social risk management (standards or interpretations regarding the scope of fiduciary responsibility or administrator's duty concerning the company's social purpose, based on its typology in Barbados.

ESG Regulation concerning corporate purpose.

There are no laws or regulations concerning the corporate purpose of companies in Barbados.

Regulation on types of Benefit and Collective Interest Companies (certifications like B Corps, specific regulations for BIC companies).

There are no applicable laws or regulations impacting types of Benefits and Collective Interest Companies (certifications like B Corps, specific regulations for BIC companies in Barbados.

ESG Regulation regarding supply chains from the perspective of ESG risk governance.

There are no laws or regulations regarding supply chains from the perspective of ESG risk governance in Barbados.

ESG Regulation in the context of M&A (ESG due diligence).

There are no laws or regulations regarding ESG due diligence requirements for M&A transactions in Barbados.

ESG Regulation related to Corporate Digital Responsibility.

There are no laws or regulations related to corporate digital responsibility in Barbados.

Specific mandates related to national alignment with specific reporting standards.

There are no specific mandates related to national alignment with specific reporting standards in Barbados.

Standards regarding the scope and frequency of such reports.

There are no specific standards regarding the scope and frequency of specific reporting standards in Barbados.

ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures

Barbados

(Latin America/Caribbean) Firm Clarke Gittens Farmer

Contributors Shazard Mohammed

Updated 22 May 2024