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Thursday, January 7, 2010

The Bahamas: Attorney voices concern over retired politicians on bench


Malcolm Adderley


By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net:



ATTORNEY Damian Gomez contends that the number of retired politicians who are taking up positions on the bench makes it harder for lawyers to find a sitting judge without an apparent conflict of interest in civil suits against the AG's office.

Mr Gomez claims this has created a court backlog contributing to deteriorating public confidence in the legal system.

His comments add to the growing concern that the anticipated appointment of former MP Malcolm Adderley to the Supreme Court bench will undermine the independence of the judiciary from the influence of the executive branch of Government.

"It's just an impossible situation and now we have another person (who may be appointed to the bench) which may add to the difficulty in getting a judge who may or may not have a conflict.

"What it does is lend credence to the critics of our court system, who say all it is, is politics.   I'm not prepared to say it's political interference, I don't know, it doesn't have the right smell.   It undermines the public confidence of the (court), " he said when contacted yesterday for comment.

Mr Adderley is 64 years old, just shy of the mandatory retirement age of 65 for a judge.   It has been rumoured in political circles that Mr Adderley will be offered an extension past the normal retirement age from Government.

Mr Gomez thinks Mr Adderley is qualified for the job but said this reported arrangement would suggest that the ex-MP "will not be as conflict-free in public law matters as he ought".

"I happen to like Malcolm Adderley as a person but I'm just saying that I just find it strange that on the eve of the age of ordinary retirement, he would be given a post which would, in order to make sense, would require him to be extended beyond two years," he continued.

There is also a cry for constitutional reform in order to limit the control a prime minister has over the executive, legislative and judicial branches of government.

Pushing for such reform is fringe political group, the National Development Party, which questioned if Mr Adderley used his political leverage as a bargaining chip to secure a judicial post.   The NDP argued that his resignation from the House was proof that the constitution is "vulnerable to abuse."

"It is because our constitution was not designed to protect the citizenry from the abuse of power by the Prime Minister, that Mr Malcolm Adderley is today causing the public to question whether he used his elected office as a bargaining chip in this game of political poker that has been played between the FNM and the PLP since May of 2007," the NDP told the press in an impromptu press conference on the steps of the House of Assembly yesterday morning, after Mr Adderley resigned from Parliament.

This comes after speculation that Government wooed Mr Adderley away from the PLP with promises of a post within the Supreme Court in exchange for his seat.

The NDP said the country must institute constitutional safeguards to limit a prime minister's "absolute power", if the Bahamas plans to escape being categorised as a "Banana Republic."

tribune242

Wednesday, January 6, 2010

Cuba rejects inclusion on blacklist

AS WE GO TO PRESS…



WASHINGTON.—The Cuban Interests Section in this capital assured this January 5 that the island government is cooperating in the international fight against terrorism, and it condemned its inclusion on the list of states described by the U.S. administration as sponsors of terrorism, EFE reports.

Alberto González, spokesman for the Cuban mission in Washington, stated that Cuba "has complied with, is complying with and will comply with the internationally recognized security measures in these cases," and he noted that the Cuban people "do not recognize in any way the moral authority of the U.S. government to certify their inclusion on this kind of list."

González unequivocally stated that "Cuban territory has never been utilized to organize, finance or execute acts of terrorism against the United States or any other state," and suggested that this latest attack on the island is politically motivated.

On the contrary, he continued, Cuba has been the victim of violence and terrorism on the part of individuals such as Luis Posada Carriles, who remains at large in the United States and has not been brought to justice.

Translated by Granma International

January 6, 2010

granma.cu


Tuesday, January 5, 2010

The Bahamas: Criminal justice in crisis


Crisis Bahamas


IN A few weeks time the Prime Minister will give his state of the nation message, which will deal with many subjects of importance.   Crime will obviously feature high on his agenda.



This will be the deciding year -- either the criminals will get control or the community, the police and the judiciary will unite to return law and order to the nation.

Today the criminal seems to have the upper hand.   In other words he is literally getting away with murder.

The judge who returns a person to the streets on remand is not doing that person a favour.   Some would have been safer behind bars for whatever length of time they would have had to await trial. In the interim several of them have been killed.

But let's look at it from the point of view of the accused. Recently we were told by one -- a tinge of sarcastic bitterness in his voice -- "Man I just working for my lawyer!"

Translated that comment meant that he fully realised that with a criminal record he had no hope of finding a job once he was returned to the streets on remand.   The reality of life was that he had to eat, secure lodging and in many cases try to support a family. Unable to work, he had to continue a life of crime, and the crime had to be lucrative enough to provide lawyer's fees against the day he was caught and had to again plead "not guilty" before the bar of justice.   His future depended upon that lawyer using his debating skills and the knowledge of the law to keep him out of prison.   And so for him -- and the community -- the cycle of crime continues.

There is then the even more frightening phenomenon of the intimidation of witnesses.   Even from behind their prison bars witnesses are being intimidated by certain accused persons.   Witnesses have often recanted through fear.

A person who has nothing to lose, but everything to gain by using his wits will go to criminal lengths to secure his freedom.   And some of these men, sitting in a jail cell, are going to those criminal lengths to intimidate a community.

We have heard of a case of an accused, in jail, using a cell phone to contact a leading witness in his case to say what would happen to him if he testified.   Imagine in prison with a cell phone.   Imagine what would happen to trials if witnesses are silenced through fear.   No one would go to prison and justice would have to take its course on the streets.

For prisoners to have cells phones in prison -- and this has been reported on many occasions in the past -- there has to be a severe breach of security at the prison.   The police should do a thorough investigation and get to the bottom of this.   From what we understand, this particular prisoner is not the only one who is managing his affairs from a prison cell with the aid of a cell phone.

There was another instance, which we are told took place not too long ago during a hearing in the Nassau Street magistrate's court.   The accused is said to have lifted his hand showing his palm to the witness in the box.   The number 186 was written on the palm.

Later the witness asked the significance of 186.   The reply was that in "street language" 186 meant that the accused planned to instruct his "boys" to shoot up the witness and all his family in a "drive by."

And then there are the lawyers.   Much of the case backlog is caused by lawyers, either because they are not prepared, have too many cases going on at the same time and need postponements, or are just using delaying tactics in hopes that the case will fall off the court calendar for want of many things, not the least among them the absence of witnesses.   The court system not only needs an overhaul, but on the part of lawyers a return to discipline, efficiency and respect for the court's time.

As for some of the judges -- that's another story.   Sometimes we wonder if they live on the same planet and are aware of what they are doing to the community when they return, not once, but twice and in a few cases three times, murder accused to the community to await trial.   There have been occasions when these accused have killed each other and saved the court time, but there also have been occasions when an innocent bystander has been caught in the cross fire.

Last year Dame Joan Sawyer, Appeals Court judge, ruled that in bail decisions if a judge has to warn the bail applicant not to interfere with witnesses, then that applicant should not be granted bail.

We understand that one of that august body retorted that if that were the case then he would not give such warnings in the future for fear of the Attorney General's office applying to revoke the bail.

These are the problems that the Prime Minister and parliamentarians have to face, because legislation is obviously needed to deal with some of them.

January 04, 2010

tribune242

Sunday, January 3, 2010

Trinidad and Tobago: Incest A very big problem


Incest has been described as “a very big problem” in Trinidad and Tobago, which needs to be seriously addressed.



Trinidad and Tobago


“It is a huge problem. People do not want to face what is really going on. Most perpetrators are well known to the family. They can be a stepfather, uncle,” said Glennis Hyacenth, executive director of Advocates for Safe Parenthood: Improving Reproductive Equity (ASPIRE).

She said this was a difficult situation for families to face and they prefer to keep it quiet. They also ignore the pregnancy. In an interview with Newsday, Hyacenth said children from 11 to 14 years go to hospitals and have their babies and no reports are made to the police stations.

Statutory rape–sex with someone under the age of 16 is also a problem which ASPIRE said had to be addressed. Hyacenth said the fathers of the babies being born to young girls were men who were “quite older”.

She described the draft gender policy as “a total disappointment” with respect to sexual and reproductive health of women and youths. ASPIRE has spent years lobbying for reform of TT’s abortion laws but has not been able to get discussion on the government agenda.

Hyacenth said for the past two years, the focus has been on the development of policies and protocols for safe and legal terminations of pregnancy. abortions are legal under certain circumstances such as saving a life, preserving the mental and physical health of the woman.

“Many health care professionals and policy makers are not very clear on what the law is. We are pushing that message that abortion is legal therefore policy guidelines and policies are needed for that legal ambit of the law.”

ASPIRE has been lobbying through education and heightening awareness with different interest groups.

Hyacenth said many people prefer to not face the issue of abortion but her group deals with it and wanted to see unsafe abortions eradicated. Reducing the number of abortions taking place is a goal of ASPIRE. The group also wants comprehensive sexual education in schools.

“Many young people are engaging in things that they have no knowledge about. There are also many myths about terminating pregnancy like drinking a hot Guinness. It is important that the Government and Ministry of Education look seriously at that.”

Hyacenth said abortion was the end stage but something had to be done to prevent this.

ASPIRE held its annual general meeting a few weeks ago and featured speaker, Diana Mahabir- Wyatt, addressed the theme, “The Cycle of Sexual Violence Against Women Rape and Incest, Unwanted Pregnancies and Abortion”. Mahabir-Wyatt highlighted the female secondary school students who were prostituting themselves to support their households.


January 3 2010

newsday.co.tt

Thursday, December 31, 2009

The Africa-Caribbean connection

by Bevan Springer:

Following recent visits to Africa and the Caribbean, more and more the Africa-Caribbean connection appears to me to be worth serious exploration.

I always felt this during my educational pursuits in North America and remain indebted to my West African brothers and sisters for teaching me so much about the French language, not to mention helping me pass my examinations!

After an incredible visit to the mother continent, I invited my media colleague Ogo Sow and tourism executive Aziz Gueye - both from Senegal - to the Caribbean for a taste of West Indian hospitality after they so graciously hosted yours truly and a group of media and travel representatives in Senegal a month earlier.

The ease with which my African brothers assimilated into Caribbean culture while attending the Caribbean Media Exchange on Sustainable Tourism (CMEx) meeting in St Lucia this month was heartwarming, but even more so was their collective will to promote tourism to the region and encourage more Caribbean nationals to set foot in the land whence we came.

So just how do we do promote cultural exchanges between the Caribbean and Africa, or America and Africa? How do we explore trade opportunities? How do we create new communications links among media organisations and the more contemporary social media platforms? How do we trace our roots and let our children and grandchildren understand the richness of our African heritage?

Well, New York native Gregg Truman, considered an honorary West Indian after spending numerous years working for Air Jamaica, now spearheads the marketing charge at South African Airways (SAA) and he is clearly making a difference.

Truman, SAA's Vice President of Marketing, said the African-American and Caribbean-American Diaspora are critical to the airline's overall strategies for success and in promoting the airline's routes throughout Africa. "The rich cultural diversity of both West Africa and South Africa provides members of the Diaspora an opportunity to experience the continent in extremely personal ways," he said.

The multilingual Amat Kane of Africa Connection Tours educates visitors to the historic Gorée Island, a UNESCO World Heritage Site, in Senegal.

Truman, who accompanied us on our recent Senegal sojourn, was impressed with what the West African nation offered to visitors. "In addition to Gorée Island and the Slave Houses - an incredibly touching experience - the ability to go off-roading on massive sand dunes and enjoy a wonderful Caribbean-style beach holiday allowed us to appreciate some of what Senegal has to offer," he said, adding that the wide ranging hotel product - from Club Med to Le Méridien and the new four-star TERROU-BI Dakar, positions Senegal as a great choice for a unique holiday.

Like all of us, Truman was impressed with the art and music in Dakar, which provided "an amazing backdrop for a rich vibrant vacation where one can spend some time on the beach, but can also appreciate a truly cultural experience and gain a better understanding of the human condition."

It is certainly helpful that Senegal is only seven and a half hours from Washington DC's Dulles Airport, offering daily non-stop flights which depart in the late afternoon and get visitors to Senegal early the next morning. SAA also has two daily flights to South Africa, including a non-stop flight from New York City's JFK airport to Johannesburg.

With SAA providing friendly infrastructure to connect the Caribbean and America with Africa, the sky's the limit for the exploration of new linkages.

December 31, 2009

Wednesday, December 30, 2009

Mixed fortunes for Caribbean economies in 2009, says new report

GEORGETOWN, Guyana -- The Caribbean Economic Performance Report 2009, compiled by the Caribbean Centre for Money and Finance, recently projected the member states to end this year with mixed fortunes, as some will see growth while others will be in deficit.

The report says many Caribbean economies remain in recession, awaiting the recovery of the United States and other Industrial economies, which supply the region’s tourists, remittance and foreign direct investment, and which absorb Caribbean exports.

It adds that advance tourism bookings are reported to be dismal, and natural gas prices remain low, even though oil prices have recovered substantially.

Foreign exchange inflows continue to decline compared to 2008, economies remain depressed and unemployment is on the increase, in spite of efforts by governments and private firms to minimize the loss of jobs.” the report noted.

However, it added that balance of payments pressures have abated in Jamaica, the country most severely affected by outflows, and the exchange rate there has stabilized.

“Foreign exchange levels remain acceptable throughout the region, aided by a small increase in the global allocation of Special Drawing Rights (SDRs) by the International Monetary Fund (IMF)," the report outlined.

Five member countries of the OECS have accessed modest amounts of IMF financing, and the Jamaican authorities remain in discussion with the Fund for financing under a Standby Arrangement.

“Aruba, Belize, Guyana, Haiti and the Netherlands Antilles all recorded higher levels of foreign exchange reserves, comparing the latest month with a year earlier, with increases ranging from 10 to 30 percent,” the report states.

The 27 page document also noted that the average growth rate for the region is expected to be 1.6 percent this year, with Belize, Dominica, Guyana, Haiti and Suriname expected to record positive but slow growth in 2009.

It noted too that Guyana, despite a decline in growth of real output during the first quarter of 2009, which was due primarily to losses in the sugar sector, rebounded due to mixed output in the manufacturing and services sectors and the rice industry.

In the first quarter of 2009, the report says, Guyana’s inflation rate dropped sharply to 1.95 per cent compared to the 7.45 per cent it recorded for the same period in 2008. This was due to the fall in international oil and commodity prices as well as falling domestic prices of food items.

Caribbean economies cannot expect to emerge from recession before the US does. Advance tourism bookings are reported to be dismal, and natural gas prices remain low, even though oil prices have recovered substantially. Most tourism economies and the energy and mineral industries depend mainly on the US market.

The prospects for agriculture and those tourism economies that are less dependent on the US are not much better, because the economies of Canada, the UK and the rest of Europe all depend heavily on exports to the US to help fuel the recovery of economic output.

The policy responses of Caribbean governments are beginning to take effect as they marketing and promotional activity, and measures for some degree of amelioration of the adverse social impact of the economic contraction. So far the impact on government budgets and debt service has been mild, but much of the additional expenditure is yet to come on stream.

The economic recession has depressed fiscal revenues everywhere, and the impact has been especially severe because of the region’s increasing dependence on the Value Added Tax (VAT), which is especially sensitive to a fall in spending.

Even though governments’ efforts to contain the adverse impact of the crisis have resulted in only modest increases in spending, it says, the extent of revenue loss meant that the overall fiscal position deteriorated badly everywhere.

The unfinanced fiscal gap was the main motivation for OECS countries to seek financing from the IMF and other international financing agencies.

December 30, 2009

caribbeannetnews

Monday, December 28, 2009

Facing a new wave of social and economic bedlam under the IMF - Jamaica's dilemma


IMF Jamaica


By Fritz-Earle McLymont:

My heart goes out to the families of the 117,000 civil servants who are planned casualties of the Jamaica government’s transformation program. I pity the official upon whom the responsibility for implementing this disaster has been thrust.

Following the resignation of the head of the Central Bank and the Commissioner of Police, I saw the red flag of the IMF. I just concluded reading Naomi Klein’s Shock Doctrine that chronicles the effects of economic “shock therapy” and the consequences to the local economies. From Bolivia, to Chile to Argentina to Russia, the stories are the same: the citizens suffer. Klein attributes much of the disaster to the attempt to carry out Friedmanite economic policies, with the support or complicity of the IMF. But the results have been the same: disaster and terror for large segments of the population whose leaders seek sustenance at the IMF trough.



The IMF issued its first full-fledged “structural adjustment” program in 1983. For the next two decades, every country that came to the fund for a major loan was informed that it needed to revamp its economy from top to bottom. According to Shock Doctrine, David Budhoo, an IMF senior economist who designed structural adjustment programs in Latin America and Africa throughout the eighties, admitted later that “everything we did from 1983 onward was based on our new sense of mission to have the south privatized or die; towards this end we ignominiously created economic bedlam in Latin America and Africa in 1983-88.” I have yet to see real long-term social and economic progress in any of these IMF-adjusted countries.

Somewhere between 1979 and 1981, I was spared personal disaster while managing a government enterprise in Jamaica. I persuaded the workers and union to accept minimum increases in wages for two years to enable the company to increase its assets and consequently its income. The plan worked and when the time came to give the big wage increase from earnings that did accumulate, I was told that IMF guidelines prohibited me from giving the promised increase. Given the social and political tensions in Jamaica at the time, I had no intention of facing more than 150 Jamaican workers to tell them that the deal was off. No one from the IMF was willing to do so either. Fortunately, I learned that the IMF instruction was not a law of the Jamaican government, but a directive from Washington. I found a creative way to get around the IMF policy and my workers got their increase, leaving me safe to walk the streets of Montego Bay.

A few countries, such as Malaysia, have rejected IMF medicine and survived. In the 1990s, when the IMF offered to help the “Asian tigers” withstand a financial assault on their fast-growing economies, Malaysia’s Prime Minister Mahathir Mohamad declined the offer, saying that, with relatively small debt, he did not have to “destroy the economy in order that it should become better.” The IMF official in charge of the talks at the time said, “You can’t force a country to ask you for help. It has to ask. But when it is out of money, it hasn’t got many places to turn.” Malaysia proved him wrong. A predominantly Muslim country whose people had been instructed to save for the pilgrimage to Mecca, it turned to local banks that were flush with pilgrimage cash.

Can we instill in Jamaicans a similar behavioral change of sacrificing a little today for a long-term benefit? In the 1990s I witnessed the fever pitch in long, patient lines as Jamaicans sought quick money from the Partner scams. This same patience, faith and commitment must now shift Jamaica into productive energy if our country is to survive. For the global challenge in this century will be productivity not money.

Jamaicans often compare Jamaica with economically successful Singapore, both former colonies. Jamaica is a victim of its own choices. At about the same time that Singapore’s leaders chose to invest heavily in the development of their productive capacity, Jamaica rejected the direction of industrial development, advocated by Jamaican industrialists such as Robert Lightbourne, and opted for quick money, either borrowed or donated. Tourism, bauxite and agriculture were expected to be significant contributors to growth, but they have performed feebly in spite of considerable investment of the borrowed or donated funds. Today’s generation is paying for those choices in the form of debt burden. From 1980 to 1986, Jamaica's total debt doubled, making the island one of the most indebted countries in the world on a per capita basis. Jamaica's debt peaked in the mid-1980s at US$3.5 billion. With IMF and World Bank conditionalities in force, Jamaica experienced a 30 percent leap in unemployment, a 30 percent fall in public investment and a fall of 48 percent in real incomes between 1983 and 1985. By 1984 the World Bank proclaimed Jamaica one of its success stories because its trade balance had shifted into surplus. But it was a 'success' in which 29 percent of children under three years old were malnourished, 43 percent of mothers were anemic, and polio deaths had appeared for the first time in 30 years. Between 1996 and 2003, Jamaica’s public debt rose by 71 percentage points of GDP – a growth considered a reflection of changing circumstances at home and conditions abroad.

Today, with a public debt in the range of US$15 billion, Jamaica’s Ministry of Finance is preparing the country for another IMF hit. Moody’s, the rating service, has downgraded Jamaica’s rating for internal and external bonds. Alessandra Alecci, its vice president/senior analyst, explained why: “The negative outlook reflects uncertainty associated with the potential consequences of protracted delays in reaching a final agreement with the IMF. Such a situation would lead to a loss of confidence that could negatively affect the exchange rate and exert upward pressures on domestic interest rates. If these conditions were to materialize, they could create a situation in which the government's liquidity would be stretched and investors would face higher losses as the decision to restructure debt would be made under duress.”

I do not expect the financial news out of Jamaica to improve any time soon. However, if change is actually taking place globally, paying serious attention to infrastructure improvement and production by Jamaicans may be the good news for the future. The words of a Morgan Stanley executive on the Asian crisis of the 1990s are worth heeding: “What we need now in Asia is more bad news. Bad news is needed to keep stimulating the adjustment process.”

Let’s respectfully accept the words of such foreign experts as opinions not prescriptions.

There is some consolation in the fact that most of Jamaica’s debt is held by local institutions, which should be more open than foreign lenders to seeking long-term solutions that ease the pain. The short-term situation is bad. Estimates are that over 55 percent of the central government’s revenue goes to service debts that stand at 16 percent of GDP for the current fiscal year. Over the past ten years Jamaica’s public debt to GDP ratio remained above 100 percent. Jamaicans must accept the challenge to produce for its domestic needs. Growth and productivity must come from within, as proven by Singapore’s success.

In a recent interview, Prime Minister Golding acknowledged the positive impact of Rastafari on the Jamaican society over the past 50 years. Much can be learned from the Rastafari experience, a uniquely Jamaican development -- from recycling rubber tyres for shoes and building shelter from scrap to providing a multibillion-dollar cultural product (Reggae) to the global music and entertainment industry. The Ital lifestyle (Google Ital) pioneered in Jamaica is now part of a global alternative lifestyle representing a multibillion-dollar industry. These are testimonies to Jamaica’s ability to produce from within.

While some have been seeking external solutions to our financial and economic problems, our homegrown professionals have been producing world class athletes and performing artists with a fraction of the investment that other countries incur. The health, wellness and sports industries are multibillion-dollar sectors not yet fully exploited.

I hope the next group of esteemed Jamaicans pondering solutions to the island’s productivity challenge will look to Usain Bolt and Mutabaruka, two of the island’s most recognized talents now lecturing to a global audience, as further examples of homegrown successes in their respective industries in and outside the island. They follow such international Jamaican icons as Bob Marley and Marcus Garvey. How far removed these performers seem from the “crisis,” where “a situation in which the government's liquidity would be stretched and investors would face higher losses as the decision to restructure debt would be made under duress.”

I have been known to offer advice when not asked and I shall do it again. Jamaica’s Prime Minister should take the Jamaican creditors for a few days’ retreat in the Cockpit country of Trelawny, a major producer of yam. Start the day with an early morning jog with Bolt, one hour per day with a producing yam farmer, and evenings in a reasoning session on “success” with Mutabaruka.

Somewhere I learned that success is not where you are but the obstacles you had to overcome to get where you are. I remain optimistic about Jamaica’s future success. We have a long history of overcoming obstacles. Our political leaders must look at this history for answers.

Fritz-Earle S. McLymont, a Jamaican, is Managing Partner of McLymont, Kunda & Co. an international trade and development strategist firm, and Managing Director of NMBC Global, a not for profit organization involved in international development. He can be contacted at Fmclymont1@nmbc.org

December 28, 2009

caribdaily