Gordon Robinson | The fight for liberty

Despite Government’s serial sulking; PNP’s asinine affectation; and some commentators’ perilous predictions, Constitutional Reform isn’t dead.

It’s very much alive and well. A conversation stalled for 30 years was revived but, instead of asking for and listening to We the People’s input, Government decided to try ramming sham constitutional reform down our throats. We the People gagged and regurgitated it. That’s evidence genuine constitutional reform is alive. And kicking! If Constitutional Reform had died, Government’s charade would’ve succeeded and we’d be a Republic in name only, ruled, as in our current Autocracy, by a Prime Minister beholden only to a political party.

That’s NOT a Republic.

In a column of the highest calibre, published on Sunday, April 27 ( Constitutional reform is dead … Or is it?), Rosalea Hamilton nailed the current fake process to the Cross: “The flaw is rooted in a top-down, government-centric constitutional reform process, led by a cabinet minister, rather than a people-centric reform process where the design, discussions, and decisions are rooted in the participation, priorities, and perspectives of the Jamaican people.”

So it was always a do-as-I-say process intended to bamboozle us into believing that pre-determined results came about through “consultation”.

Disgusting, disrespectful, disgraceful drivel!

As soon as we learned a MP/Government Minister (THE Minister responsible for Constitutional Affairs) was appointed Constitutional Reform Committee (CRC) Chair we should’ve known this was a gaslighting scheme. When it became clear CRC would include four legislators who’d later vote on whatever Bill resulted AND the Government’s legal advisor, it was confirmed this was a plot to keep us thinking inside the status quo box.

And so, surprise, surprise, nothing reformative much less transformational came from the “consultations”. It seems we’re fine as we are. Well, not quite. It seems we need even more power concentrated in the PM.

Rosalea Hamilton: “It was ‘an act of government’, not the act of ‘a people constituting a government’. The process ignored the core principle in a republic, that a constitution originates from the authority and will of the people, NOT the government. Government’s legitimacy is derived from the authority of its people and ought to operate under a constitution created by them. The idea that the authority of government comes from ‘the consent of the governed’ (as noted on the MLCA website), and NOT individuals in government (or political parties), lies at the heart of this flawed process.”

Hank Kingsley would insist on “Applesauce!”

I urge all Jamaicans to research and understand the meaning of “Republic”. It’s more than a convenient label. From as far back as December 5, 2021 ( Becoming a Real Republic) I wrote: “My old friend, the Oxford English Dictionary, defines ‘Republic’ as ‘a country that is governed by a president and politicians elected by the people and where there is no King or Queen’”

“Re: Public” means “for the people”. Unelected presidents or politicians cannot govern. They have no authority from the people to do so. Unless Jamaica operates for the people; unless Governments are directly elected by the people and then overseen by the people’s representatives in an elected legislature, Jamaica will NOT be a Republic.

As a nation, Jamaica is fundamentally similar to any corporate entity whereby shareholders’ rights are defended by their elected Board of Directors who appoint and oversee management. In the national space, Cabinet is management; Legislators are the elected Directors. The national CEO (President or PM – both is redundant) is also elected. Then CEO appoints his managers (“Ministers”) subject to approval by the Board (Legislature).

We the People are the shareholders to whom everybody else is ultimately accountable!

Corporate financial policy (budgets) in any company is the Board’s prerogative. Directors have the last say on any management spending proposal. So should it be in national governance. Simply substituting a Black King (essentially appointed by an unelected PM) for a White King; changing some labels; or tweaking provisions to dilute an Opposition’s ability to defend fundamental human rights is NOT constitutional reform.

It’s constitutional deception.

And don’t blame JLP alone. PNP wants the same result just needs excuses to oppose. So it leans on a constitutionally inconsequential issue [CCJ vs Privy Council (PC)] to withdraw support.

That’s another hoax. No Constitutional reform process requires a discussion on our Apex Court that affects less than two per cent of Jamaicans. What 63 years of faux independence; fake democracy; endemic corruption; and generalised impoverishment demands is GOVERNANCE reform.

Unless a Constitutional Reform Bill provides a new governance system ensuring Government’s authority comes from and focus is on We the People I won’t support it. For me, CCJ (which I support) vs PC is a disingenuous distraction benefiting BOTH political parties. It’s a barefaced attempt to divert attention from the urgent need for good governance.

Appeals to PC can be abolished by any Government on any given day. Then we can argue endlessly about its replacement while the Jamaica Court of Appeal acts as Apex Court as it has for 95 per cent of citizens since independence.

So leave CCJ vs PC out of constitutional reform conversations. Instead, let’s discuss Jamaica’s real prerequisite namely abolition of a rotten Westminster governance system. For 63 years, Westminster has ensured corruption, economic stagnation and widespread exploitation as Governments operate at will to benefit self and proxies without a scintilla of constitutional restraint.

Rosalea Hamilton: “The bill is fatally flawed because of Cabinet’s decision to ‘retain the Parliamentary Cabinet System of government’ without altering its original design. In so doing, it simply perpetuates the status quo of unfettered executive dominance which was glaringly evident in the constitutional reform process. The bill retains the concentration of prime ministerial/cabinet power….without an adequate oversight mechanism. It also strengthens the power of [PM] and perpetuates executive dominance of the legislature. In so doing, it perpetuates authoritarian leadership that weakens our democracy and economic potential.”

Can I get an Amen?

Certain “freedoms” are “guaranteed” by the Constitution but we still have no liberty. Freedom is absolute. Liberty has a subject and an object. Currently governments have freedom to do as they like once we elect enough of their MP candidates. Liberty is what will protect us from them!

In 1962 we believed we’d been liberated from Colonial rule and were free to chart our own path. We forgot the Brits were best at mental enslavement. So we mimicked their imperial governance; continued to bend the knee to their judges telling us what our laws were; and worked on the new plantation to deliver political power to a select few to control the country’s wealth while handing out pittances to We the People. We failed to see through the masquerade. We thought we were free.

We’ve been hoodwinked. We are NOT free. We have NOT been liberated.

Remember the Voice Roys’ (Viceroys) Ya Ho? In 1968 it was massively popular in the Dancehalls for Sir Coxsone’s Downbeat Sound System.

Long ago; and long ago

the pirates have their fun, in the burning sun.

Sixteen men on a dead man’s chest,

Yaho ! Yaho ! Yaho ! And a bottle of rum!

All day long in the burning sun.

Yaho ! Yaho ! Taho ! Til the day is done

Those were the days my friend. We thought they’d never end. Well, they haven’t. We’re still slaving all day long in the burning sun while modern day pirates have their fun. But we’re still alive. So is constitutional reform. Malcolm X said of adversity: “Every defeat; every heartbreak; every loss; contains its own seed, its own lesson on how to improve your performance next time.” Now that Government’s failed brainwashing ploy is dead, out of that adversity we know what we don’t need and what we do need.

We don’t need reform without change. We do need good governance.

At a bare minimum We the People MUST be allowed to elect our President/PM; MPs; Senators; Councillors; and Mayors. We the People demand fixed election dates; term limits for PMs/Presidents; Freedom of the Press; recall elections; and transparent campaign contributions.

We MUST STOP this nonsense of voting for MP then allowing someone selected by the elite of one Party to make EVERY OTHER GOVERNANCE DECISION. We’ve been doing that for 63 years. Why would we continue while expecting a different result? It’s insane!

Until we achieve at least the bare minimum we MUST continue to fight for liberty. The Constitution belongs to us not to any political group. We must fight for what’s ours. We mustn’t be afraid because truth and justice are on our side. We must never surrender. Constitutional Reform is alive. It’s our responsibility to keep it safe.

For our children. And grandchildren!

Peace and Love.

Gordon Robinson is an attorney-at-law. Send feedback to columns@gleanerjm.com