Showing posts with label Jamaican Law. Show all posts
Showing posts with label Jamaican Law. Show all posts

Saturday, 6 February 2016

#JaNoVote2016: Misleading "Pro-Voting" Preaching



Image result for VOTE as a rifle "A vote is like a rifle; its usefulness depends upon the character of the user" - Theodore Roosevelt

During the election season "pro-voting" media content and conversations become almost unbearable trying to save "nonvoters" and "undecided" from everlasting torture in pit of Hell-ocracy, with everyone reading from the same bible. 

Vote evangelists wants you to put a X beside something, thinks that everybody has to identify with a political party, and they keep skipping the first commandment of a democracy; participation. I was compelled - possibly touched - to write this with hope of relieving many "non voters" and "undecided" of their 
"sins."


I will declare that I have not voted and will not vote until I have seen a candidate or a political party or a candidate that best represents and voices the issues that concerns me the most; which includes making comprehensive constitutional and governance reform a top level priority, environmental protection, equality and closing the income gap, until that appointed time I will withhold exercising this sacred right. 


Many would immediately choose to castigate my choice, by automatically replying "If you don't use your right, you will lose it;" indeed this message intended to support citizen empowerment and participation cannot be used to justify irresponsible use or abuse of a your own rights. As I was I understand it, being a citizen in a democratic society, one has individual rights with mutually linked responsibilities. These rights ensure equality and justice for all regardless of what 'divides' us and the responsibilities are there to prevent us from infringing upon others and own rights.


Right to Vote & Its Responsibilities

If you do decide to cast your ballot then you've decided to engage in a single part of "the 
process" that is linked to generations of hardships, fights, bloodshed, activism and political 

willingness across the world. The right to have a say in who is allowed to govern locally or nationally is an awesome task and is constraint by 2 main responsibilities: become informed 
and vote according to ones certain belief.


Therefore a vote should be respected as it symbolises a conscious decision in which the chosen person or party is indeed the best representation of one's belief at that moment with all issues factored in. Hence, to defy ones conscience and express his beliefs wrongly on a ballot is to behave as a irresponsible citizen and soil the sacredness of the vote. It is then safe deduce that one should not be chastised for being an informed "non-voter" or an "undecided" who has weighed all options and come to a conclusion, those who are to be shamed are the irresponsible voters who are the legions of "die-hearts" and "party loyalist" who are uninformed and their only certain belief is that "mi is born PNP or JLP." 


A Dangerous Farce

Any political messaging that seeks to segregate or render a group of people as second class citizen must not be entertained and rebuked as dangerous to the social fabric of our nation. 

Many declared "nonvoters" and "undecided" receive flack; before, during and after election season because the prevailing belief is that "you have no say" and should not say anything because you don't vote. It is encouraged by our political leaders especially those who could benefit from higher turnouts, when they take to political platforms "looking votes" as disguised advocates of citizen involvement. The undue burden of being told how horrible not voting is, and how your allowing bad people to win.


It is a selfish practise to satisfy a politicians own shortcomings in their own inabilities to inspire 
or motivate. Which is often discussed as an aside to blaming "nonvoters" and "undecideds" for the state of nations governance and democracy. 


"The Process" and Participation


I, like so many other young, politically untethered Jamaicans are aware of the encryption and political warping since independence of what a democratic society truly represents in the 21st Century, then we can easily resist and counter the calls for "undecideds" and "non-voters" to "come off the fence" or "come into the yard," respectively. 

We know that voting is not "the process" but apart of the process that includes: 
  • dialogue between state and civil society, 
  • advocacy, activism, 
  • volunteering, 
  • affecting/writing policy, 
  • old media/social media interactions, 
  • civil action/protest, 
  • by keeping yourself informed and the list continues. 





Discussions must begin to focus on how we get people involved not just to lead towards a ballot box but create long-lasting positive changes in their society by speaking up and speaking out against bad governance.


Only voting every 5 years cannot and shouldn't be seen as participation. One doesn't affect govt policy or hold government accountable when its convenient for the government, you have to disrupt and intervene whenever there is need to tell the government: We want Fixed Election Dates! Leave the Goat Islands! or #FireFenton!


I don't vote and I don't feel any pressure to vote, because I know I've a well informed and certain decision to withdraw from voting, nothing separates me from someone voting PNP or JLP. I subscribe to my responsibility as a citizen of democratic state to participate otherwise until I decided or find necessary to vote.




Thursday, 4 February 2016

Will North East St. Elizabeth Start a Political Revolution in Jamaica?

On February 25th the voters of North East St Elizabeth will be going to polls to choose from 4 candidates (1PNP, 1JLP, 1PNP-Independent and an Independent) that have declared their interest in being the Member of Parliament for the constituency well-known as a People National Party (PNP) stronghold or garrison. But should the word “revolution” will be tagged to the race that could possible see the first Independent Member of Parliament (MP) be elected to Gordon House?



One of the Independent candidates Joseph Patterson, President of the United Independent Congress (UIC) in an interview with the Jamaica Observer, believes his campaign; victory and following historic entry into Parliament would “bring forth arevolution like never before” being the first elected Independent MP.  The United Independent Congress’s platforms are based on strong constitution and governance reform, and Mr. Patterson is committed to bringing the Congress’s platforms to parliament; reforms that the current political establishment has been unwilling to touch for over 53years.

Why is it a Revolution?       

To understand why the outcome of the North East St Elizabeth electoral race may be framed as a revolution we must first know what revolution is; the Oxford     dictionary assigns two definitions to the word “revolution”, firstly “a forcible overthrowof a government or social order, in favour of a new system,” secondly “adramatic and wide-reaching change in conditions, attitude or operation.”

Within the context of Jamaica, a two party system controlled by elected representations at both central and local government, a revolution would constitute any disruption to this system of government. We should not underestimate the ability of Jamaicans to recognize “change” as swing accordingly, hence there is no doubt in my mind that constituents in other areas of island will begin to question their own situation and stop settling for “the lesser evil.”

This change in attitude towards politics, governance and what we must begin expect and demand will no doubt only come when a single constituency decided to spark something much bigger than North East and give back Jamaica its Independence almost 54 years after it exchanged one master for another.





via GIPHY

Tuesday, 20 October 2015

Constitutional Reform: A Must Before 2030

Truth: The failure of our political leaders to notice the decay of our democracy was no mere oversight; rather it was an omission of a selfish nature that comes with the territory of the Jamaican political leadership that puts self before constituents and nation

The idea that the system is for the powerful few and not the majority has sent the constitutional reform discussion into the void of ‘soft issues’ or ‘that cyaa eat’ grey area of the Jamaican consciousness.

The Internal power struggles of the past couple of weeks in the two major political parties cannot and should not be passed along as simple politicking, especially after an unfortunate fiery climax in MP.Raymond Pryce’s North-East St Elizabeth constituency.

Peoples National Party
Another unpleasant example included Dr Bloomfield losing his candidate selection race then being reinstated after a strong showing on an internal poll, the Peoples National Party’s General Secretary tried to explain that party delegates did understand the party constitution and its regulations – that the candidate selection was an “indicative” ballot due the constituency being “provisional”. The action of the party would have offended any laypersons grasp of democracy.

It must be seen for what it is; a complete disregard for democratic principles, corrupt processes and glaring mistrust in our political system and institutions.

Renewed Effort

With the shady inner workings of the political parties on full display and in the light, there must be tripled effort to improve our governance structure through constitutional reform.

The recent calls by private sector has only reinforced the need for the parliament of Jamaica both the governing administration and the opposition to embrace and concentrate on constitutional reform.  The modernization of Jamaica’s democratic principles and processes has not kept abreast with the rest of the developing world or those nations we aspire to be by 2030.

As the Partnership for Jamaica Agreement states that signed parties must “reaffirm and recommit to the principles of social dialogue and partnership, specifically to further the process of deepening democracy and participatory decision-making.”


As citizens, private sector, civil society, church and other internal forces, must bring pressure on all individual candidates for elected office and their affiliated political organization to commit to the execution of constitutional reform before 2030. 

It is ultimately the hands of parliament that must be moved to set controls upon themselves and repower the majority.

Wednesday, 8 July 2015

Dead Democracy: From The Ballot to The Streets

"A stable democracy" is often how those in leadership positions describe the current health of our politics and democracy, with no major shock waves in our system of governance over the last 3 decades since the ideological rift that formed during the years of Micheal Manley's lean towards democratic socialism clashing with Seaga's capitalist sentiments that received further push from outside forces. After this period, the word ideology became invalid and political activist reduced to squabble between grassroots supporters defending their respective parties, as the economy sank - the tight fiscal space narrowed our vision with only the  IMF and other global creditors in our sight.

As a millennial belonging to the 90's and having experience the birth and and super expansion of the Information age, there has been no substantial period for Jamaica Labour Party (JLP) as to compare governance records against the People's National Party's tenure. Hence the search for comparisons in this modern age would lead us youth, regionally and internationally to get an understanding of the level of governance that we should be expecting and encouraging through our public participation.

With the current situation in mind, I would like to suggest to will thinking Jamaicans that as for our democracy our vitals are flat lining  and for all intensive purposes we are a dead democracy.Lifeless from the ceremonial zombie-like walk to the ballots to fulfill our 'rights' to the bustling streets filled not with voices of protesters with a cause but with hustlers just trying to make a living without such concern for the process that controls how taxes are spent or the minimum your to be paid for a days work.

The Ballot 


We have been dead at the ballot boxes from the time our political parities decided to encourage 'area leader' mentality  that saw the creation of garrisons and safe seats that are manned by the die-hearts who swear upon their ancestors grave their bloods are either green or orange not red like our national heroes, 2 are accredited founder of these political parties. Even after the creation of the Electoral Commission of Jamaica (ECJ) and Electoral Office of Jamaica (EOJ) to ensure free and fare elections in all constituencies, the sanctity of votes are still being corrupted with the buying and selling of votes.

For those not considered die-hearts of any kind, they often make voting into a symbolic gesture to our ancestors who fought for suffrage, with little thought given to issues, because elections in Jamaica are about party and personalities not issues. Plaster a face on a sign with a slogan and you have yourself a campaign, although you may speak on topics - who is really listening? Not the die-hearts they are only concerned about their party winning, half the independent voters are tuned out until election day and the other half is the minority who decided to vote on issues but their numbers wont affect the outcome much - then there are those who don't not to vote because of apathy.

I can only compare our 5 year general election cycle to life support and with sprinklings of local government elections in between as minor brain activity. In the 2007, we showed a miraculous  sign of recovery that had a generous turnout including the youth that drastically dwindled in 2009 when Holness in tried to tap into the youth-phoria after Golding's quick departure under circumstances that left a immeasurable trust deficit.

We have lost the essence of being a voting and being voters.

The Street

The current Simpson-Miller led administration has demonstrated that we have slipped into collective coma as we shun our civil duty to keep our government accountable and transparent. There has been no end to the controversies  and contradictions that only inspired limited outcry hence got limited results from the Azan affair, NHT saga, Riverton fire mess and the Ms Haughton's unpunished nepotism. But the administration biggest mockery of our Westminster system was allowing a Cabinet Minister to pursue business with entities that cabinet itself decided not to do business with.

Yet, we 'articulate minority' have not found these blunders, so offensive to our sense of judgement that we would alight the streets with our concerns, discontent and disapproval. Are the silent streets a picture of deeper fear? A fear of being relinquished to doldrums of social mobility, where those without the proper surname, professions and nod of approval are placed for speaking out of turn prevented from moving upward - the creation of a classicist society.

S.O.S


This perception also consumes our universities and especially civil society groupings, many see these groups as only caring for those who pay their dues or make considerable donations. This idea that civil society, is only for the sophisticated  upper echelons of Jamaican society who can speaking the queens english when making representation is troublesome in a context such as Jamaica - where those who are most oppress belong to a lower socio-economic standing with perfect patios and sub standard english and education.

These issues reinforce in the minds of poor Jamaicans  that the system is too complicated for them to speak beyond localized matters such as bad roads and lack of water, they dare not venture into governance and constitutional reform out of ignorance - this vacuum leaves them powerless thus they place their entire trust in the political leadership to govern themselves and set their own standards.

The masses are out their waiting to galvanize around a single source of either strength, sacrifice or shock whether they know it or not. Who will inject the well needed adrenaline to get our civil blood pumping again?

Tuesday, 19 May 2015

TPPandTheCaribbean: Trans-Pacific Partnership Facts and How the Caribbean will be affected

Mainstream Messed Up

Before I do delve into 'the need to knows', I must call out any mainstream media that either under-reported this issue or ignored it, but I am especially disappointing in the Jamaican mainstream media as they have left the Jamaican masses especially the disfranchised  members of the society who have no other resources other than the mainstream media be it print or electronic to enlighten them about local and global affairs.

There is no for the media not follow and report on such a established topics such as the Trans-Pacific Partnership (TPP) and the other less popular United States(US)-EU(European Union) Transatlantic Trade and Investment Partnership(TTIP). Even as Pres. Obama maneuvers his Trade Bill  through the US House of Representative and Senate that would see the implementation of the TPP in the US within a period of 6 years, along with other negotiation nations from the Americas include: Mexico, Canada, Peru and Chile. 


TPP Members 

TPP Facts

What is the Trans-Pacific Partnership 

The TPP or TPP12 is an a game changing  Free Trade Agreement that was originally signed by Brunei Darussalam, Chile, New Zealand and Singapore under its former name "Trans-Pacific Strategic Economic Partnership" and came into effect in 2006 with a vision of comprehensive trade liberalization being implemented by 2015, but between 2010-2013 the other 8 nations( including Japan, Australia, Malaysia,Vietnam) had joined led by the USA, of course making it 12 nations in total. 

TPP Objectives

The TPP stated objective is  to achieve extensive liberalization of both goods and services, and entails comprehensive coverage of trade in services, investment, government procurement, non-tariff measures, and many other regulatory areas 
including Intellectual Property.

Size and Power  

This Partnership is looked upon as another geopolitical power struggle between the US and China's emerging influence in the Americas and Asia-Pacific hence we must asses its economic size and power to really gain an appreciation of its impact on global trade, but also consider the possibilities of more Asian-Pacific nations joining the TPP.

Although the United State is almost twice the size in population and economy of the other members: Trade among TPP partners amounted to more than $2 trillion in 2012, which can be compared to World Trade Organization (WTO) global trade valued $18.3trillion for that period, TPP trading would equal 11% of all trade.

TPP nations are a 40% share of all United States world trade with the North American Free Trade(Canada,Mexico,USA) and Japan the majority of that trade.

In terms of populations according to the Population Reference Bureau (PRB) 2014 World Population Data Sheet, .the total American TPP members which stands at 555 million, more than half the total population of the Americas (971 million), is significantly larger than the Asian population figures which amount to no more than 256.6 million (285 if you add Australia and New Zealand), compared to Asia’s total population of 4.3 billion: almost half of the Asian contingent is accounted for by one member, Japan: Converted to percentage of worlds population would be 12%.

Criticism and Concerns 

Opponents of the Trans-Pacific Partnership says its a secretive, multinational trade agreement that threatens to extend restrictive intellectual property (IP) laws across the globe and rewrite international rules on its enforcement. 

The fear the deal may extend the scope of patents in sectors such a medicine and prevent the distribution of generic drugs.

With the certain deregulation of the Private Sector seen also as negative by pro consumer advocated; there will easier flow of companies and their revenue, leading to possible loss of  employment and outsourcing of local jobs.

Continued currency manipulation by some members;currency manipulation is characterized by persistent current account surpluses, and accumulation of massive quantities of foreign currency reserves.

And with the rigidity of trade and harmonization regulation to ensure equality being proposed, opponents say that smaller economies will have less room to grow and develop.


How TPP will Affect The Caribbean


The  magnitude of the affect that the Trans-Pacific Partnership is still hard to predict as nations still negotiate and hence we await the final agreement, if they are successful in reaching there:
The European Center for International Political Economy(ECIPE) report: "Mega-Regional Trade Agreements: IMPLICATIONS FOR THE AFRICAN, CARIBBEAN, AND PACIFIC COUNTRIES" has provided some insight into how these two Free Trade Agreements would affect the African, Caribbean and Pacific(ACP) countries and provided some recommendations going forward:
For the Caribbean specifically, ECIPE said that the TPP may have a significant impact on trade, with the USA accounting for close to 35% of the Caribbean’s exports while the EU and the rest of the TPP account for 11% and 8% respectively. 

Also that there are a number channels through which mega-regional agreements such as the TPP can impact on ACP countries. The first is the direct effect that mega-regional agreements can have on existing ACP access to EU and USA markets on preferential terms not available to middle and high-income countries. The second channel is the impact that the reduction of non-tariff measures and the harmonization of standards within the TPP can have on either raising or reducing export costs for ACP countries. 

What Must We Do

Some ECIPE recommendations for ACP countries include:

ACP countries continuing to push for increased and more targeted aid for trade, development and should also bolster their domestic systems for receiving and utilizing this assistance these tools should be used to cater for the country’s domestic institutional, political economy, and governance constraints.

Conducting national assessments of how we are positioned in the mega regionals “game”- domestic reform imperatives could best be pursued so that the country is not left too far behind.

Strengthening and widening regional economic integration:  enlarging the regional economic space will provide some attraction to outside investors, particularly if the transactions costs of accessing regional markets can be made less burdensome or, even better, attractive.

Without "high-level" government and policy intervention Caricom and its Caricom Single Market and Economy (CSME) will be on the receiving end of whatever trade deals, regulatory  changes, environmental and intellectual property rights agreements result from this new arrangement with no way out. 

Next Time we analyze the Transatlantic Trade and Investment Partnership(TTIP).


Thursday, 14 May 2015

Two-Tier Local Governance for Jamaica

It was interesting to hear Opposition leader Andrew Holness ratify the position of his party local governance when he said to MP Warmington[opposition whip]: 

“Wehave to support the bill. We can't look like we not supporting localgovernment." Jamaica Gleaner 13/5/2015

It was almost amusing in that instance to see the opposition fumble and tumble in the House of Representatives during the vote on the amendment to theLocal Government Act{link to Bill} being proposed by the government, prior they stood united and defiant against the CCJ bills that had eventually passed with only government MPs support.




Entrenchment is not enough

It must now become the priority of the government not settle with the entrenchment of the current system, that sees rampant nepotism, corruption, lack of trust, little participation of citizens and community groups, with the current system of local government in the past
Constitution of Jamaica 1962
being disbanded on the grounds of corruption and ineffectiveness, it is understandably that we should be hesitant of protecting a unsatisfactory institution.

The move towards reform are derived from reports recommendations on constitutional reform in 90's and over 20 years later have seen the best and worst of our style of Westminster politics hence any recommendations then must be viewed in the context of nation that has a trust deficit between citizen and government that only be described as unfavorable for development and growth.



County Councils and Parish Administrators

A county council is the elected administrative body governing for an county that often are responsible and are compliment by smaller public bodies including city, districts, parishes, etc. The political system we mirrored belonging to the United Kingdom had county councils from 1889, and reformed in 1974 to one-tier-unitary authorities in most areas of the UK, others nations with County councils include: Sweden, Taiwan, Norway and USA [10 states].

3 Counties/14 Parishes of Jamaica
With County Councils established in Cornwall, Middlesex and Surrey [with exception of the Portmore Municipality] - as an elected assembly - the parish/district administrators would be either be elected or appointed on the advise of Justices of the Peace/Magistrates/Community workers.

Constitutionally, the county councils would exercise a degree of municipal self-government provided by the Constitution
Within the boundaries of the county the smaller Parish administration would exercise local self-government independent of the county councils. Each parish in the county could contribute a number of Council members dependent on size and population leading to lesser number of elected at the local levels.
Constitutional reform is matter of when, not if for a young democracy and it must be repeated that the constitution is not a stagnant document but a living scripture that changes constantly and must be continuously updated and reviewed.

Young democracies such as Jamaica have the advantage of learning from the mature democracies that have evolved through trials and errors.

Monday, 13 April 2015

Anti-Terrorism Gone Astray: Secret Resolution, Commitment, Denial and Proof(Maybe)

Secret Resolution (Sept. 24, 2014)


Almost three weeks had passed last year after the Jamaica had co-sponsored a United Nations resolution at the 69th session at the assembly in September to condemn the Islamic State(IS) militants and lead to the blocking of IS recruits from travelling to the battlefields and returning home to radicalize others. 
The Resolution 
was approved September 24, disclosure by Government October 10, 2014 - 12 days..
"So, why not at least a brief information-oriented statement for the benefit of the Jamaican people and their Caricom cousins as well?" (Jamaica Observer 05/10/14)

UN
Was the question posed by bajan Rickey Singh in his analysis of the Jamaicans government's "public silence" on the resolution.

The Jamaica Observer article on 09/10/14 headline read: 

Jamaica co-sponsors ISIS resolution

Opposition blasts Government on non-disclosure of UN participation

In the article the opposition Jamaica Labour Party is quoted saying

"the Government must recognize that the nation’s foreign relations  is a public matter which must, at all times, reflect the views, hopes and aspirations of its people, and the decisions taken on behalf of the people must always be fully transparent."

Commitment (October, 10 2015)

Minister of Foreign Affairs Sen.AJ Nicholson
The Government via foreign affairs Minister Senator AJ Nicholson made the claim in the Senate after some probing by the opposition that

 Jamaica supports efforts to continue to give priority attention to combating the spread of terrorism, including focusing on finding a multidimensional and comprehensive approach to the problem.  (Jamaica Gleaner 10/10/14)

and also 
 considering its position, Jamaica had to take into account the geopolitical context in which the resolution was being tabled. The minister said terrorism in all forms constitutes a grave threat to international peace and security.(Jamaica Gleaner 13/10/14)
During that same Senate sitting the minister was asked by Opposition Senator Robert Montague on what would be done if Jamaican was taken hostage by terrorist - the Minister replied "What you want us to do, send the JDF (Jamaica Defence Force)?"


Denial(March 15, 2014)

  
Min. National Security MP Peter Bunting
Thus far this year that support seems to be dodgy at the least, taking into consideration the posture of the administration after reports surfaced from US Military intelligence that Jamaicans maybe apart of IS recruits from the region -  the National Security Ministry was quick to dismiss and chastised the Commander of the US Southern Command General John Kelly for not following his script; 

National Security Minister Peter Bunting said the prepared text of the speech delivered by General Kelly did not name Jamaica and, as a result, the reported comment may be the result of a misunderstanding. (Jamaica Gleaner 15/04/15)

the US has however said no mistake was made  and  double downed on the statements  made by General Kelly

a spokesman for the US Southern Command in Florida, Jose Ruiz, tells Nationwide News that General Kelly did not make a mistake. (Nationwide News 17/04/15)

Proof(Maybe) (April 6,2015) - (April 12,2015)


ISIS
It will be interesting to see how the Jamaican authorities treat this incident but also if this indeed a case of terrorist recruitment: how did this young man slipped through the mechanism that are/supposed to be in place according to resolution that

also urged members to intensify and accelerate the exchange of operational information regarding actions or movements of terrorists or terrorist networks through bilateral or multilateral mechanism


  • Wasn't the same "Intelligence Agency" garnered by Suriname available to Jamaica?
  • What does Jamaica have in place get, utilize and share the intelligence?
  • Why isn't there a single database of a "no fly" designation by the region?

and many other questions must be answered... as another Jamaicans ISIS was made some days  before 

  In any case we've seen the failure/weaknesses of nations in the Caribbean region to fully cooperate and integrate sharing of intelligence that is crucial in stopping terrorism and transnational crime.