Trevor Munroe | Outcry matters! Leave apathy behind

On Wednesday, July 26, the day after the government used its majority to railroad an amendment to Jamaica’s Supreme Law – without prior notice, without consultation with the Opposition and without indication to the Constitutional Reform Committee – I happened to be in a doctor’s office in Liguanea. Without prompting, the receptionist with whom I had never discussed public affairs, said to me, “What is going on looks like dictatorship … but it don’t look like we can do anything about it.” My sense is that many Jamaicans share a similar sentiment, feeling that the politics is becoming undemocratic, but they can’t do anything about it.

The truth is that we Jamaicans can, have done, and must continue to resist assault from any quarter on our democratic system and to uphold our rights, whenever they are threatened.

We need to learn more, not only from books, but from our own, very real experience. That experience tells us that when we stand up for Justice, Peace and Brotherhood we have gotten and can continue to get results. Of course, not all the time, but many times we get justice. Outcry matters – taking the issue to court where necessary, or using our right to freedom of expression and to freedom of association, both protected under our Constitution.

It was outcry – through social media, on talk shows, in discussion programmes – that led to:

• The prime minister deciding not to take the unconscionable 200-plus per cent salary increase, limited concession as that remains.

• The leader of the Opposition apologising for the unacceptable and inappropriate remarks imply dead people voting.

• The Constitutional Reform Committee (CRC) abandoning the unacceptable plan to table the referendum bill in Parliament after only two months’ deliberations, as well as to jettison a timetable that would have excluded public education even more than is currently the case.

• The government having to, belatedly, stop the fraud and take action against Stocks and Securities Limited (SSL). Of course, we need to insist on being updated on what is happening to investors’ money and who else is going to be charged for fraud.

• Last year, Jamaica having a 60th Anniversary Festival Song, after the government had decided initially to forgo the festival song contest.

• The abandonment of the proposal to appoint Lieutenant General Ricardo Meade as cabinet secretary in defiance of constitutional provisions.

• The withdrawal of the attempt in 2020 to extend the time whereby Cabinet Papers should be kept secret – from 20 to 70 years.

• The appointment in 2018 of Justice Bryan Sykes as chief justice of Jamaica, within one month of being named acting chief justice at the prime minister’s behest, in defiance of the Constitution.

SPOKE OUT

In each of these instances, and taken together, Jamaicans from different walks of life, from different political persuasions, from different associations and groups spoke out, didn’t keep quiet and got results to one degree or another.

When talking out and standing up doesn’t bring results, our experience is also teaching us that taking matters to court can deliver justice.

• Just a few days ago, July 21, Jamaica’s Court of Appeal upheld the rights of five men, detained unlawfully under states of public emergency in Kingston East, St Andrew South, Westmoreland and Clarendon. In this instance, the Appeal Court dismissed the government’s arguments against – and thereby affirmed – the Supreme Court decision that the detention of the men, some for over a year, without being charged was unconstitutional.

• In 2019, our courts again ruled in favour of us the people. The National Identification System (NIDS) law, passed by Parliament, was declared an invasion of our right to privacy, deemed null and void and had to be redrafted in a manner that recognised our constitutional rights.

• In 2015, our courts had to rule that the then leader of the Opposition – now prime minister – Andrew Holness’ requirement for Senators appointed by him to sign undated letters of resignation, was unconstitutional.

• The then Chief Justice Kenneth Smith led a Commission of Enquiry which found that many detentions under the yearlong 1976 state of public emergency declared by the Manley administration were unjustified and in violation of the detainees’ rights.

• At this moment, we the citizens are looking out for the court hearings to begin shortly, in which our people seek to uphold the constitutional right to a healthy and productive environment, against violations by mining companies in the Cockpit Country and the Dry Harbour Mountains

LIMITED RESULTS

Needless to say, in many of these circumstances, limited outcry brought limited results; more outcry would have brought – and can bring – more substantial responses from the authorities. What is absolutely clear is that keeping quiet, chatting only to each other or looking to migrate, only leads to further erosion of our rights by authorities who are so minded. Worse, depending solely on adverse poll results to get the politicians to change, or deciding not to vote, denies the public of its capacity to arrest the decline and thereby risks further threats to our democratic rights.

Once we are learning from the experience that outcry matters, no Jamaican who cherishes our rights should keep quiet in relation to:

• The draconian interdiction of the chairman of the Police Federation.

• The recent authoritarian amendment of Jamaica’s Constitution.

• The continued shortfalls in transparency, public education and citizen consultation by the Constitutional Reform Committee.

• The increasing restriction of our people’s access to Jamaica’s beaches.

• The continued delay in the tabling in Parliament for the Code of Conduct for MPs and Ministers, promised by the government.

• The inaction across administrations of providing constitutional protection for the Electoral Commission of Jamaica, the Office of the Public Defender and the Office of the Political Ombudsman to prevent any government, so minded, from railroading amendments to the relevant law, for partisan advantage.

• The delay in tabling legislation relating to Unexplained Wealth Orders and the Enhanced Security Measures Act promised three years ago, and reaffirmed as part of the legislative programme 2023/24.

There are real reasons restraining outcry from being greater: fear of victimisation; preoccupation with making two ends meet and looking for a way out. However, the apathetic belief that advocacy will bring no results flies in the face of our experience. Let more voices join the chorus of resistance to authoritarianism. Let more of us stand up for our rights. Let us use our freedom of speech and association – ranked among the highest in the world – even as we may not yet be ready to take our protest to the streets.

Let us take heed of the words of our prime minister at his swearing-in on September 7, 2020. “There will be those who feel that the majority is basis for arrogance, gives licence to do as they wish … [but] every member of the government must understand that this mandate is not about them, it is about the people, no princes and princesses were elected … we are all servants of the public good … we must seek to prevent … acts which weaken public trust and damage the integrity of the government.”

- Professor Emeritus Trevor Munroe is the founding director of National Integrity Action. Send feedback to info@niajamaica.org or columns@gleanerjm.com.