Gordon Robinson | Focus on the fundamental question

I suppose I should be happy Constitutional Reform is finally becoming a hot button topic.

For me it’s been a hot button topic for 30 years (publicly). Privately, it’s been at the forefront of my thoughts ever since I watched my sainted Grandmother as, for 20 plus years after independence, she stood at attention for “God Save The Queen”. She would regularly proclaim, only half jokingly, that her ancestors came from Kent. Since I loved my Grandmother unconditionally and recognized her seminal role (mostly as a single Mom) in building a family of talented, independent thinkers whose inclinations are entrenched in my DNA, I knew instinctively something was very, very wrong.

If someone as capable, caring and clever as she could have such a fixed colonial mindset what chance would the rest of my generation have unless we received comprehensive secondary education in critical thinking, Caribbean history and civics? None! How much did we receive? Slim to none and Slim left town.

So as happy as I ought to be that Constitutional Reform appears to be on the front burner is as unhappy I am at the nonsensical argument by some (especially the Church) regarding individual appointments to the Constitutional Reform Committee (CRC). I’m disappointed at the number of lawyers as members. I’m disappointed parliamentarians are appointed (including one dual purpose MP/Minister as co-chair) on a Committee with the alleged purpose of advising Parliament/Government. Every lawyer knows if he/she represents him/herself he/she has a fool for a client.

So my disappointments regarding appointments are generic. I’ve no objection to the inclusion of any individual all of whom are qualified for the job. My frustration is with the stance taken by the Church, through its spokesperson Alvin Bailey, attacking Richard Albert because he’s a foreigner with a pro-LBGTQIA+ and pro-abortion profile.

Sigh. How insecure can you get? When pressed for a rationale (other than homophobia) Rev Bailey retreated to saying Albert would be acceptable to the Church as a Consultant but not as a full member.

Holy hair-splitting Batman!

Regardless how vulnerable we might be to mind control because of under-education, Jamaicans need to stop this. Individually, it matters not who is on CRC. What matters now is that the process be driven by widespread consultation. What matters now is the result is real constitutional reform not just replacement of a White King with a Black King while perpetuating the colonial system of totalitarian governance originally created to preserve and protect the Monarch. This system places national decision making in the hands of one individual who hand-picks a cabinet from a cabal of mostly unqualified managers; selects an upper house majority for us; then presides over the cabinet he self-anointed and effectively selects (or has veto power over) every government board appointment and takes or influences every important national decision without bona fide oversight.

WHO RUN T’INGS

Ever wonder why TV news is deluged with informal protests by rural residents in need of road or water who scream bloody murder for PM to talk to them or intervene? Intuitively they know who run t’ings! ALL t’ings!

How did one individual rise to that exalted position? Was he/she elected democratically? Of course not! A few thousand party delegates (some real; some imagined) from each political party select a party leader for hundreds of thousands of party members. Then, in “national elections” we vote for a constituency representative ONLY. Coincidentally, the Party winning most constituencies form “government”; that party leader automatically becomes PM and decides, at whim, when the next election will be held. If a successor is required before that time, as has frequently happened, less than 50 MPs select a PM for 3 million citizens.

Now the fundamental question for Jamaicans is: Do we want THAT system of governance to continue? Can that fit the description of a “Republic”?

Nit-picking individual appointments, based on irrational, dogmatic fear of alternative sexual orientations or love-making can’t ever be fundamental. That’s dangerous distraction. The exasperating truth is the church’s inhumane homophobia is driven by Theocracy not Christianity. Jesus, the putative founder of Christianity (in reality he did no such thing), spoke on a variety of moral topics but said not one word against homosexuality, bisexuality, transsexuals or transgender persons. Churchified “bu’nning” of gay men (while winking at lesbians) comes from Old Testament not Christ.

So, can we please postpone another attack on gender and sexual equality until that “danger” actually appears. I assure the church Jamaica is still at least a generation away from tolerance on these issues. Right now what we need is a new system of governance, based on true republicanism, guaranteeing real democracy and constructing an equitable society.

To that end, we must force the CRC to consult widely before embarking on any deliberations even on Phase One which, according to Minister Marlene:

“…is to focus on the repatriation of the constitution, abolition of the constitutional monarchy, establishment of republican status…”

So We The People’s task is to ensure this isn’t allowed to become another political illusion. Phase One isn’t simply to abolish the Monarchy but also “establishment of republican status”. A contemporaneous announcement by Minister Marlene exposed this high-falutin Phase One mission as face card. She informed us the timeline for tabling the Phase One Bill was two months.

Surely she jests!

Anyone with a passing acquaintance of parliamentary process knows that, for a Bill to be tabled in two months, its contents are already decided. The drafting process has probably already begun. How long did it take for crucial legislation like the new Road Traffic Act to arrive in Parliament?

FIND OUT WHAT THE PEOPLE WANT

Politicians must be forced to stop treating citizens as fools or (worse) sheep. We the People must insist on time to study different types of true republics (Richard Albert critical for this); educate and listen to citizens via town halls/public hearings; and find out what type Republic We the People want. Then CRC’s role would include advising Government how to craft that Republic in simplified language so every citizen can understand what their Constitution provides without wading through legal gobbledygook.

This superficial focus on whether we should have an executive or non-executive President and the general perception (fuelled by Minister Marlene’s carefree public statements) that it’s a rhetorical question is contemptuous of We the People.

Shortly after Barbados pretended to become a Republic I wrote (December 5, 2021; Becoming a real republic):

“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’.”

Even England, a bastion of Monarchy, recognizes the absence of a Monarch does not a Republic make. President and ALL politicians (not just those in the lower house) must be elected. By any definition, an executive leader, by whatever title, if not directly elected by We the People, is Monarch.

So, do we want to become a Republic? Or just to change a name?

In that earlier treatise, I picked up on Fitz Jackson’s parliamentary call “end Jamaica’s political and titular links to the British that date back to colonial slavery” and asked questions as to how to accomplish that. I also wondered aloud how committed PNP was to the steps needed to realize Fitz’ call.

I wrote:

“EVERYBODY knows we need to remove the Queen. The idea isn’t new, different or even politically controversial. What would be new, different and, perish forbid, THOUGHTFUL, is if somebody, preferably a MP, were to take a minute to work out a plan to ‘end Jamaica’s political and titular links to the British that date back to colonial slavery’, before leaping at reporters with facile, politically self-serving proposals.”

Any plan to end “political and titular” links to the British involves, at the very least:

• Abolishing the post of Governor General without titular substitution;

• ALL political representatives and the President to be directly elected;

• Entrenching job descriptions for MPs and fixed election dates that can only be postponed by two-thirds vote in both Houses;

• Only Monarchs rule indefinitely. Elected officials have term limits.

• Impeachment of public officials by an independent parliament and recall elections for MPs;

• Abolish Privy Council as Jamaica’s final court of appeal. Abolish titular anachronisms like King’s/Queen’s Counsel; “My Lord”/“My Lady”

These are the bare bones of any Republic. They need fleshing out in a consultative process between CRC and citizenry. Two months’ timeline is a non-starter and anything resembling patronizing imposition by a legal clique will backfire as voters avoid a fake referendum like a Woodsville bridge.

Jamaica has often led the region and world. The Staple Singers would say “Let’s do it again.” Let’s become the region’s first real Republic.

Peace and Love.

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