Wanted: A purposeful parliament

By Jaevion Nelson

Jamaica's legislators are apparently among the most unproductive globally. A mere 25 pieces of legislation are passed annually, despite the existence of several colonial laws, which have no place in an independent country in the 21st century. There is a desperate need for laws to secure peace and order and foster good governance, but the snail's pace at which they are dealt with betrays such urgency.

A few legislators have expressed their disappointment with the number of legislations being passed without realising their admission of ineptitude. This might be a political ploy or response to their conscience and constituents. The performance has been beyond abysmal. According to Senator Arthur Williams, in a presentation last year, between 1980 and 1989, only 214 pieces of legislation were passed - an average of 21 annually. In the period 1990 to 1999, there was an average of 27 per year and an average of 26 between 2000 and 2009. Last year, according to the governor general in his Throne Speech, 32 bills were to be passed in 2012.

OUTDATED LAWS

Until recently, lashing (cat o' nine tails) was still permissible. The Education Act is deleterious to the educational needs of our people. Obeah is still a criminal offence, and an overwhelming number of women who work at nights (between 10 p.m. and 5 a.m.), and people who are not in pharmacies, shops in the Norman Manley and Sangster international airports, and public markets, who offer goods for sale on Sundays, Good Friday, and Christmas Day, are all unapprehended felons.

Males are by law incapable of pressing charges for rape and females cannot challenge the constitutionality of the limited (skewed?) definition of rape as a result of a Savings Law Clause. In addition, for almost 10 years, many of our children have been locked up for being 'uncontrollable' and little to nothing has been done to address this gross legal flaw.

What reasonable explanation can our legislators, especially the ones who have been there for a number of terms, give for this woeful execution of their duties?

One of the most important functions and ways to evaluate the performance of a parliament is its role in making laws. The Constitution of Jamaica, in Section 48 (1), grants the parliament power to "make laws for the peace, order and good government of Jamaica." However, this ostensibly escaped many of our parliamentarians when they sought office. I wonder if things would be better if we were more dedicated to the passing, repeal and amendment of laws?

According to the United Nations Inter-Parliamentary Union (IPU), irrespective of "country-specific rules" and parliamentary systems, "effective parliaments shape policies and laws which respond to the needs of citizens, and support sustainable and equitable development" (Global Parliamentary Report, 2012).

PLAYING IN PARLIAMENT

However, the performance of our elected representatives is seemingly dedicated to abdicating responsibility, blaming opponents for the country's quandary, announcing plans - many of which never come to fruition, cost overruns and ridiculous banter.

All the cloth, banners and paraphernalia decorating buildings will (hopefully) be removed soon to (officially) culminate our 50th anniversary of 'Independence' from Britain. There was much talk about Jamaica 'coming of age and wanting to repatriate its sovereignty' because the time has come to remove the Queen as head of state. I can't fathom the sense in doing this if it is outside of a comprehensive programme of legislative reform to better facilitate the well-being and development of our people, especially those who are most marginalised and vulnerable.

The next general election is a little over three years away. Now is a good time for all of us - civil society, media and the general public - to invest more in guaranteeing that the next set of parliamentarians will be truly by and for the people. I imagine that a significant number of us who do not vote might be motivated to compete with those of us who pander to the disrespectful, distasteful and poorly designed campaigns with our votes.

SUGGESTIONS FOR CHANGE

Therefore, I want to make two suggestions in an effort to disrupt the status quo and hopefully elect people who won't pride themselves on providing handouts, scholarships, and books to a handful in their constituency while the breadbasket (St Elizabeth) remains poorly irrigated, and communities lack safe drinking water and sanitary conveniences.

Civil society, perhaps led by the National Integrity Action Ltd, should conduct a thorough assessment of the contribution of all long-serving parliamentarians to the country's legislative agenda. I imagine students of political science and public policy could be used to determine the number of motions brought to Parliament and how they have voted on key issues.

The media should help us understand why long-serving MPs are routinely elected to 'serve'. The media should use data from the Social Development Commission and other relevant entities to produce a special feature assessing the socio-economic improvements of constituencies during their terms. I am sure the 50 per cent of Jamaicans who refuse to exercise their franchise would benefit from this.

In closing, I borrow from the words of Anders B. Johnsson, secretary general of the IPU, to admit that I understand our "parliament is a political institution. It is a place for political, and often confrontational, debate. But [submit that it should be] a place where, at the end of the day, national policies are forged and conflicts in society are resolved through dialogue and compromise".

Jaevion Nelson is a youth development, HIV and human rights advocate. Email feedback to columns@gleanerjm.com and jaevion@gmail.com.