New Bar Association President Sets Transformative Agenda

THE STAR BUSINESSWEEK DECEMBER 28, 2019

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NEW BAR ASSOCIATION PRESIDENT SETS TRANSFORMATIVE AGENDA The Bar Association of Saint Lucia has a new president at the helm, veteran attorney Renee St. Rose who hopes to usher in a new era of transparency, communication and accountability in a bid to make justice more accessible for all Saint Lucians.

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BY CATHERINE MORRIS, STAR BUSINESSWEEK CORRESPONDENT

IN THIS EDITION OF

SBW THE STAR BUSINESSWEEK

Disease Resilience When the Caribbean talks resilience, it’s usually in relation to hurricanes or external economic shocks. What gets less attention, but can be just as destructive, is disease.

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The pseudo stem of a banana affected by fusarium wilt TR4, showing the discolouration caused by the fungus.

(Photo courtesy OECS)

White Island’s Tragic Warning Harrowing coverage of the White Island volcano disaster has been beamed around the world these past few weeks.

At time of writing it’s known that the sudden volcanic eruption on December 9 on the New Zealand island (Maori name Whakaari) has claimed the lives of 17 people, with more injured or still missing.

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Renee St. Rose, newly elected President of the Bar Association of Saint Lucia

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THE STAR BUSINESSWEEK

DECEMBER 28, 2019

FUTURE OF RETAIL

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2020: 7 Shopping trends to look out for

BY ED KENNEDY, STAR BUSINESSWEEK CORRESPONDENT

HAVE AN

Inspired Holiday

AND WISHING YOU SMOOTH SAILING INTO THE NEW YEAR!

The 2010s were years of massive transformation for shopping. What trends will the 2020s deliver? (Source: Pixabay)

T

he Caribbean is in a

HOLIDAY GREETINGS FROM THE TEAM AT SAINT LUCIA TOURISM AUTHORITY

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festive mood with the Christmas and end of year holidays being celebrated across the region. The lead-up to these holidays always comes with a big uptick in shopping, as people seek out the food, gifts and other treats that make the season special.

Just the same as there was a profound change in the shopping experience from 2009 to 2019, the decade ahead is set to drive a number of new trends in shopping, and these can be seen throughout the entire calendar year. Let’s look now at seven of the biggest trends set to impact shopping in the 2020s.

1. THE PERPETUAL SALES CYCLE Views vary around the precise day Christmas starts, yet those who choose to celebrate the holiday can credibly put up their Christmas tree anytime in December knowing it’s ‘close enough’.

That Christmas begins in December is hardly news to retailers as, increasingly, many start Christmas sales in November, in short order after Black Friday (see

trend #4 below). This trend shows that retailers are shifting to a ‘perpetual sales cycle’ across the whole calendar; one that prioritises additional sales over accuracy surrounding a traditional holiday campaign.

2. THE GROWTH OF MULTI-CHANNEL RETAIL The eCommerce revolution has demanded that brick and mortar businesses rethink their offerings. Providing customers with a multi-channel format to shop is one such way. As opposed to home delivery, via a multi-channel sales approach, customers can browse online goods, purchase them and then visit in-store to collect.

This approach won’t suit shoppers who desire delivery to their door exclusively, but it doesn’t need to. For those who live close to a pick-up location, want to skip the process of queuing in-store and save on delivery fees, the multi-channel format gives them that option. It is already on offer with local retailer Courts, and globally the ‘purchase and pick-up’ trend is growing.

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ECOLOGICAL RESILIENCE

THE STAR BUSINESSWEEK

DECEMBER 28, 2019

DISEASE RESILIENCE

BY CATHERINE MORRIS, STAR BUSINESSWEEK CORRESPONDENT

W

hen the Caribbean talks resilience, it’s usually in relation to hurricanes or external economic shocks. What gets less attention, but can be just as destructive, is disease. Whether lobsters infected with a deadly virus, bananas battling highly contagious fungus, or coral reefs decimated by a tissue-eroding disease, the Caribbean is under attack from microscopic organisms that, despite their size, can be devastating to various sectors of the economy.

TOURISM UNDER ATTACK Much of the region’s tourism industry is reliant on its pristine, tropical environment. But when it comes to bothersome bacteria, the delicate ecology of the Caribbean is vulnerable on many fronts.

The beautiful, unique and biodiverse Caribbean coral that brings divers, snorkellers and boaters to the region’s waters is facing a new threat. First recorded in Florida in 2014, Stony Coral Tissue Loss Disease (SCTLD) is now in Caribbean waters, and stripping coral faster than scientists can save reefs. More than 20 species are thought to be at risk of the disease which eats away at coral tissue, leaving it bleached and lifeless.

The voracious plague is capable of reducing hundred-year old coral to empty husks within weeks and it has been spreading quickly throughout the Caribbean, impacting reefs in Jamaica, St Maarten, St Thomas, the US Virgin Islands and the Dominican Republic.

Scientists are still unsure about the cause of the disease but theorise that a number of stressors in the environment (bleaching, coastal construction activity, rising water temperatures) may have created ideal conditions for weakened and vulnerable coral to fall victim. Marine biologists across the Caribbean and in

A banana plantation affected by fusarium wilt TR4 (Photo courtesy OECS)

Florida are working together to track and remedy the devastating effects of SCTLD, but admit that they are still some way from a cure.

Extinction of coral species on this scale would have long-lasting repercussions for the region’s marine ecology which, in turn, would impact almost all life on land. A loss of coral means a loss of marine habitats. Any resulting dip in fish populations would be significant for the Caribbean’s growing blue economy.

AGRICULTURAL CONCERNS There’s another resident of the reefs that is falling ill. The Caribbean Spiny Lobster is facing down a nasty virus, which is infecting up to 30% of lobster populations in some areas and putting pressure on the region’s fisheries.

Panulirus argus virus replaces blood vessels, turning lobsters white before they die from the virus. Contagious and transmittable through water, the virus is persistent and spreads quickly.

The pathogen has affected Florida fisheries and experts warn that Caribbean operations will also feel the impact as infected lobsters caught in traps can reduce overall catch and increase transmission within commercial fisheries.

Agriculture in the Caribbean is used to battling disease, and Saint Lucia knows

firsthand how a tiny pathogen can send shockwaves through an entire industry.

There are two major banana blights affecting Caribbean crops: Black Sigatoka Disease and fusarium wilt. The former, which is also known as banana leaf spot disease, has threatened Saint Lucian production since 2010, affecting around 70% of the island’s banana plants. Given that many farmers lacked the know-how, funds and tools to control the disease, it gained a foothold quickly and has dampened exports in recent years.

In 2013 the government teamed up with Taiwan, which has also battled Black Sigatoka, to develop disease management techniques, introduce disease-resistant varieties and create a model to combat and control the pathogen going forward.

Their efforts in this area have doubled exports and helped the industry return to its pre-Tropical Storm Matthew glory days. Taiwan continues to assist Saint Lucia in safeguarding its bananas, launching a four-year Banana Productivity Improvement Project in 2018 to increase the country’s export competitiveness in the market.

Taiwan was the first country to note another diminutive disruptor – fusarium wilt. This soil-borne fungus enters the banana plant from its roots, destroying the vessels that transport water and nutrients.

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Tropical Race 4 (TR4), the latest evolution of the lethal fungal disease, affects most varieties of banana and plantain and was first discovered in the 1980s in Taiwan. It has since spread to Asia, the Middle East, Africa and the Americas, leading the OECS to label it a ‘priority pest threatening the region’s banana industry with serious economic, livelihood and food security repercussions’.

In light of the danger, several regional bodies have joined forces to enact surveillance and quarantine procedures.

The OECS Agricultural Unit, the Caribbean Plant Health Directors Forum and the Technical Working Group on bananas are all monitoring the situation closely.

Also joining the fray is the UN Food and Agriculture Organization (FAO) which considers TR4 ‘the world’s greatest threat to banana production’ due to its highly contagious nature and the fact that fungicide-resistant spores can lie dormant in soil for more than 30 years. In October the FAO launched an emergency project under its Technical Cooperation Programme to help protect crops, in Latin America and the Caribbean in particular, following the discovery of TR4 in Colombia last summer. The agency will focus on technical assistance in terms of diagnosing and identifying risks, including strengthening soil health and genetic resources to build resilience to the disease in future plants.

BUILDING IMMUNITY When it comes to fending off disease, whether in the body or in a region, the old adage holds true: prevention is better than a cure. But with pathogens able to spread via soil, people, farming tools and water, containment is truly a cross-border effort that requires international and regional partnership on a huge scale.

Most of Caribbean agriculture and aquaculture consists of small-scale operations, farmers and fishermen who have hands-on knowledge but don’t always have the resources or technical expertise to safeguard their livelihoods.

The Caribbean’s immune system relies on funding, public education, awareness and institutional SBW support.

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DECEMBER 28, 2019

LEGAL SERVICES

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NEW BAR ASSOCIATION PRESIDENT SETS TRANSFORMATIVE AGENDA Continued from page 1

DELIVERING CHANGE St. Rose was formally elected as Bar Association President in September after winning almost 90 per cent of the vote among its membership. Excited and energised, she has two major goals for her tenure: promoting a move towards the Caribbean Court of Justice (CCJ) as Saint Lucia’s final court of appeal; and increasing both public and private consultation on legislation.

The first is an educational issue, according to St. Rose who believes that there needs to be more awareness about the role of the CCJ, how it operates, and how it can be a more cost-effective, efficient and Caribbean-centric alternative to the British-run Privy Council.

“I think it is very important for Saint Lucia to make the CCJ its final appellate Court,” says St. Rose. “The Privy Council is restrictive financially, and also in terms of distance. For example, consider that our Court of Appeal determines hundreds of cases a year but only about one a year ever goes on appeal to the Privy Council. This does not work well for our jurisprudence in Saint Lucia.”

One of the most common concerns surrounding the CCJ is the fear that it is too regional and therefore open to corruption but St. Rose believes this is due to misconceptions about how it functions and adds: “There is a fear that the CCJ and its judges will be influenced by politics but it is set up and founded in such a way that it is completely independent. The Bar could play a huge role in sensitizing the public on the importance of the CCJ, [and] how it is organised and operates.”

The second part of St. Rose’s mandate as President is also public-focused. She would like to see more widespread and in-depth consultation on Bills, believing that the current structure often rushes legislation through. “What generally happens is that Bills are submitted to parliamentarians for the first time on the Friday before the Tuesday House. There is not much time for the parliamentarians to properly assess these Bills and debate them. The debates are often limited and, I dare say, the legislation unreliable and uninformed. What makes this issue even more concerning is that very often these Bills would have not gone through any process of consultation with the public or the Bar Association.”

St. Rose may be fighting for the Bar Association to have more of a voice but she is quick to emphasise that the relationship between the legal sector and the government is generally a positive one, adding: “We have a very good relationship with the AttorneyGeneral and the Minister of Justice. I am optimistic that our relationship with the government will remain a good one.

It will undoubtedly need to be managed and will probably require lobbying and understanding. I understand that there

Members of the Bar Association of Saint Lucia

are political concerns and affiliations, but the Bar Association acts in the public interest.”

HIGH PRESSURE A member of the Bar Association for ten years and a litigator for almost twenty, St. Rose is well-versed in the issues affecting the sector and pleased to be representing her colleagues. Advocacy comes naturally to the hard-working lawyer who has served on several public boards and committees, including the Public Service Commission and the Saint Lucia Legal Aid Authority.

In her daily life, St. Rose is a partner at prestigious firm Fosters where she has worked since 2003, specialising in civil and commercial litigation. “I am foremost

In terms of her own aspirations, St. Rose readily admits that she also wants to keep training, keep learning her craft and keep evolving. “I am quite content in private practice and would want to build on it some more. It is about growing the firm and our justice system.”

a litigator so I am in court most of the day and work long hours. My typical day is extremely busy but I am able to manage it through organisation and because I have a good team,” she says.

St. Rose credits Fosters founder Peter Foster and Managing Partner Claire Greene-Malaykhan as mentors and inspirations during her time with the firm.

“I had only been practising for six months before I joined Fosters and from the first day it was a transformation – I worked from 7:30am to 9pm that first day on a heavy litigation case. It has been that way ever since because it is always intense; Peter keeps raising the standard.”

In her seventeen years of practice, St. Rose says the most memorable cases have been the ones with the most public impact, adding: “The public law cases are my passion because there is a public interest component there. These cases affect the community and Saint Lucia.

She says one of her most intense legal battles concerned residents in the Corinth area who were suffering health issues due to a cement plant in the neighbourhood.

They won that case and closed the plant. St. Rose says it remains one of her proudest moments in the profession: “It was, and still is, one of my most gratifying cases.”

NEXT GEN LAWYERS Like any industry, the legal field has evolved significantly in recent years – adopting and adapting to technology.

This has been a huge change, according to St. Rose who says e-litigation has benefitted everyone from the general public to lawyers and the courts. Online

platforms and databases now allow lawyers to file cases online, upload documents on the go and access their work from home.

Despite the array of modern tools, however, inefficiencies still exist.

St. Rose is pushing for more robust scheduling and less delays. She says: “It is time we address things from a court user perspective. Most people take a day off work and travel to attend court. They sometimes wait all day. This practice is just not fair so I am really pushing for the court to schedule times for cases and undertake adequate case management so the time of lawyers and the public is not wasted.”

As the courts refine their processes, so too must lawyers. Training is a priority area for St. Rose in her capacity as Bar Association President. The Association is currently in the process of amending the Legal Profession Act to provide for continuing legal education. These amendments are expected to be finalised in December and then put out for industry consultation in the new year.

St. Rose says one of the most important issues for novice attorneys, aside from training, is having the necessary dedication and commitment. “[The law] is demanding, it requires your all. It gets easier as time goes by; you just have to commit to it.”

In terms of her own aspirations, St. Rose readily admits that she also wants to keep training, keep learning her craft and keep evolving. “I am quite content in private practice and would want to build on it some more. It is about growing the firm and our justice system.”

DISASTER MANAGEMENT

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DECEMBER 28, 2019

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WHITE ISLAND’S TRAGIC WARNING

BY ED KENNEDY, STAR BUSINESSWEEK CORRESPONDENT

H

arrowing coverage of the White Island volcano disaster has been beamed around the world these past few weeks. At time of writing it’s known that the sudden volcanic eruption on December 9 on the New Zealand island (Maori name Whakaari) has claimed the lives of 17 people, with more injured or still missing.

This tragedy has not only generated new debate in New Zealand surrounding the safety of some of its adventure tourism offerings – long a market it has looked to foster and grow – but also around the world regarding the safety of similar tours and wider safety measures in place for those who live and work in proximity to active volcanoes.

The Caribbean has 19 active volcanos – sites deemed likely to erupt again – so what can we learn from White Island?

And what does local history tell us about the Caribbean’s unique considerations when it comes to post-eruption safety?

THE REALITY OF ‘HIGH’ AND ‘LOW’ RISK ASSESSMENTS Relatively few people, when asked ‘Would you like to visit an active volcano?’ would say yes. By its nature, volcano tourism will always be something of a niche field, yet there’s an immense distinction between active volcanoes that are high risk, and those deemed low risk.

It’s also important to recognise that even volcanoes classed as having a high risk of eruption – such as the Kilauea volcano in Hawaii – can still have tourists enjoy the site, year in and year out.

The same certainly applies in Saint Lucia where locals intuitively understand the value a volcanic site can bring to national tourism. Soufriere’s Sulphur Springs draws visitors for its spectacular vistas, hot springs, mud baths and the site’s rich connection with the island’s history. Scientists hold there’s only a slim chance of a magmatic eruption this century. This is undoubtedly reassuring to locals and visitors alike but, looking beyond Saint Lucia, ironically it’s the volcanoes deemed a ‘lower risk’ that can pose a greater threat to human beings.

The authorities that administer the Hawaii Volcano National Park closely monitor the seismic activity and other indicators within the park, and will restrict access if there’s an uptick in danger. By contrast, the hazard with volcanoes that are in remote areas and are deemed low risk, is that proper and proactive observation can falter over time, with little notice or consequence resulting – until disaster strikes.

LESSONS FROM LOCAL ERUPTIONS The White Island tragedy has increased criticism surrounding volcano tourism.

It forms part of a broader conversation

A volcano’s eruption can be rapid and devastating — so how can we reduce the risks and maximise the safety of people nearby? (Source: Pixabay)

about the effectiveness of current processes for disaster management once a volcano erupts. Distinct from other natural disaster scenarios where people may be able to remain and try to defend their property, when a volcano does blow, there’s no option but to flee.

The Caribbean is no stranger to tragedy in this area. La Soufriere in Saint Vincent and the Grenadines erupted in 1902 and claimed the lives of some 1,600 people.

The same volcano had also erupted violently early in the 19th and 18th centuries.

1902 was also a horrific year for Martinique, with a May 8 eruption of Mount Pelée killing nearly 30,000 people in the town of St. Pierre – a disaster that remains among the worst in the history of recorded eruptions. All the victims are believed to have died due to suffocation and burns within minutes of the volcano blowing, evidence that the only guaranteed safety from an eruption is being outside its danger zone.

Over a century on, lessons remain to be learned when it comes to volcano safety as a whole. The sole survivor in St. Pierre was Auguste Ciparis, the lone person in the town’s dungeon. It’s for history to be concerned with why Ciparis was

in the dungeon; it’s for us to recognise that when strong shelters do exist, there is the potential for people to survive, even if unable to flee. Achieving this in our time requires safety plans that are comprehensive, and maintained to remain contemporary.

THE REWARDS OF RESEARCH While recent events have shown the dangers of getting too close to a volcano,

1902 was also a horrific year for Martinique, with a May 8 eruption of Mount Pelée killing nearly 30,000 people in the town of St. Pierre

improving awareness and safety could also be accompanied by more research which can deliver an array of benefits.

The 2014 remotely operated submarine expedition to explore Kick’em Jenny, the highly dangerous and active volcano that sits beneath the water several miles off the north coast of Grenada, discovered that life existed in it. This enhances our understanding of how volcanoes operate, and what can sustain within them.

It’s unimaginable that human beings will ever arrive at a point where safely being in close proximity to active volcanoes is an option, but greater research into deep sea diving, flight and other pursuits that place us in extreme environments has built our expertise and delivered new innovations.

PREPARING TOMORROW’S RESPONSES TODAY Caribbean nations have been formed and operate day-by-day with a certain fatalism about natural risks. Beyond volcanoes, every year the threat posed by hurricanes means a disaster can arise suddenly that threatens lives and livelihoods. Accepting this is one thing; accepting that nothing more could be done to enhance defences and minimise harm, is another.

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FUTURE OF RETAIL

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2020: 7 SHOPPING TRENDS TO LOOK OUT FOR Continued from page 2

owing to its online emphasis. Businesses with a small footprint or the inability to sustain large crowds in-store may prefer this holiday over Black Friday as it allows them to avoid a rush on the store, and instead see customers order online and receive their items via delivery.

2019 Black Friday saw US$ 7.4bn in sales in the US alone. That’s up 14% over last year.

Globally, Salesforce says sales hit US$ 20bn as other countries participate in Black Friday sales, even if they don’t have a US Thanksgiving holiday.

3. TRYING OUT CLOTHES AT HOME WITH VR AND AR One advantage that traditional brick and mortar retail stores retain over online shopping is the certainty of fit when it comes to clothes and other personal products. Someone interested in shopping online may be stuck paying shipping costs to return a garment that is not right. Their alternative is to purchase in person.

Thanks to the emergence of Virtual Reality (VR) and Augmented Reality (AR) apps, this could soon be a problem of the past. By using an AR mobile app that’s integrated with your favourite online store, you’ll be able to see for yourself what your fit looks like from the comfort of your own home. And when hankering after a new pair of sneakers, you could use AR to snap photos of your feet, and look through your phone to see exactly what a potential new pair of track or basketball shoes will look like. Some stores have already begun introducing this option, but it’s expected the 2020s will see it shift from a relative novelty to a widespread solution.

4. BLACK FRIDAY Initially an American creation, Black Friday is now spreading in popularity with retailers all over the world. This is seen to be the result of the popularity of

Walmart and other retail giants that have masterfully made Black Friday a huge annual event for shopaholics, thanks to the aggressive price reductions featured on select items in order to drive the crowds through the doors and to the checkout.

In 2019 alone, Black Friday saw US retailers pull in US$ 7.4bn, and revenue hit US$ 20bn globally, according to data published by Salesforce. For retailers, Black Friday offers a rare opportunity to boost sales, albeit while pursuing their own aggressive markdowns of goods; for some it may not be sustainable for their business model in the way it has been for vertically integrated providers who usually have lower overheads.

5. THE VERSATILITY OF CYBER MONDAY This is an event similar to Black Friday but with a focus on eCommerce exclusively. Cyber Monday was created by retailers seeking to encourage people to shop online, and today it has taken on a life of its own, with a massive US$ 7.9bn in revenue recorded among American buyers in 2018 – a record at the time – until it was smashed by 2019’s revenue of US$ 9.4bn.

A Cyber Monday sale promises to deliver a whirling trade to a business,

6. CRUISE SHIPS BECOME RETAIL DYNAMOS 2019 was a year replete with many milestones for the cruise industry, coupled with the perpetual quest of cruise lines to ‘one up’ their competitors: from Virgin championing its new cruises as a cut above all others, to the opening of Royal Caribbean’s private island adventure park, Coco Cay. As well as these offerings, cruise lines are now pro-actively building partnerships with luxury retailers like Breitling and Chanel to entice passengers to buy a premium memento of their travels while on the ship.

Sellers have a captive audience on cruises; buyers have the potential to score a sale duty-free. Collectively this is among the most compelling cruise trends to watch heading into the 2020s.

But perhaps the biggest issue here isn’t the parties in this transaction; it’s those who stand to lose out. If travellers arrive into port having already acquired all the gifts they desire on board, and done away with their spending money, it will affect

vendors on dry land who rely on cruise passengers as a key part of their income.

7. CHATBOTS It’s long been easier to quickly seek out a staff member for some advice when doing in-store shopping as compared to online.

This too is changing fast, with growth in the usage and sophistication of chatbots.

Currently, if someone has a query when shopping online, an email enquiry is commonly the fastest way to get a reply.

Even so, such a process can take anywhere between an hour or 3 to 5 business days.

Thanks to chatbots, it’s possible to ‘chat’ with an automated programme while using the online store. It offers a human-like natural conversation and can help answer any specific enquiries you have surrounding the store’s products.

According to a recent poll by Drift, over 60% of online users surveyed cited the 24-hour availability of chatbots – something not even a store that opens early and closes late can hope to match – as their best feature.

Although chatbots remain relatively new, they’re experiencing rapid growth, thanks in part to their ability to cut operational costs of a business by up to 30%. It’s no surprise then, the prediction that by 2021 over 80% of online customer interactions will be handled without human agents.

The Saint Lucia Registry of Companies & Intellectual Property Company Incorporations Name: Dezi-Eagle Ltd. Description: Fleet management Directors: Jeffaust William, Gilliana St. Croix-William Date Incorporated: 27/11/19 Chamber: Gordon, Gordon & Co.

Name: Nature World Inc. Description: Tours, travel, real estate services Directors: Marcus Nicholas Date Incorporated: 4/12/19 Chamber: SEDU

Name: Modern Construction Development Technical & Engineering Services Ltd. Description: Construction services and material Directors: Marcus Nicholas Date Incorporated: 4/12/19 Chamber: SEDU Name: Golden Sands Beach Management Company Limited Description: Management company for the provision of beach facilities services Directors: Lucy Louis, Charles Jr. Carralho, Charles Carvalho Date Incorporated: 4/12/19 Chamber: Gordon, Gordon & Co.

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