jamaica-gleaner editorial
There are many ways, the saying goes, to skin a cat. But the process is unlikely to be efficient with a blunt axe, wildly wielded in a crowded room.
You may, in the end, get the cat, but with great collateral damage and at a cost far greater than intended, or you dared to contemplate. Which is what we fear is likely in the English-speaking Central American country of Belize, where the United Democratic Party administration of Prime Minister Dean Barrow is attempting the ninth amendment of the Belizean constitution and is in a fight with almost everyone in the country over the matter.
Jamaica has an interest in the events unfolding in Belize, for like our island, Belize operates a Westminster-type system of government and is a member of the Caribbean Community (CARICOM). And a few Jamaican companies have interests in Belize.
It matters little that the proverbial cat the Barrow administration is trying to skin is Lord Michael Ashcroft, the hardly liked and shadowy former deputy chairman of Britain's Tory Party, who casts a long, and some claim manipulative, shadow over the Belizean economy.
Lord Ashcroft, who for years avoided paying taxes in the UK by claiming resident status in Belize, controls a wide range of business in that country, from banking and offshore business registration to telecommunications. Ashcroft's holdings include Telemedia, which is a near-monopoly in Belize's telecoms sector.
Lord Ashcroft developed a seemingly cosy relationship with the former People's United Party (PUP) administration which, his critics say, allowed him privileges, as well as an appointment as Belize's permanent representative to the United Nations, until the PUP lost power in 2008.
privatisation muddle
In 2009, Mr Barrow's party, using a hurriedly passed telecommunications law, nationalised Telemedia, over whose secretive licensing arrangements there was much controversy. The acquisition was upheld by the Belizean Supreme Court but was this year overturned by appeal judges, who held that the government did not have sufficient or compelling reason for the nationalisation.
Now, Mr Barrow, who needs more than 75 per cent votes in Parliament to amend deeply entrenched clauses of Belize's constitution, is attempting to place Telemedia's nationalisation beyond doubt by making a provision of the constitution that the government must control public utilities.
The water company, privatised in 2001, has been back in government hands since 2005, but Mr Barrow recently nationalised the electricity company, owned by Canada's Fortis Corporation.
Telemedia's status remains in limbo. While the appeal court held its nationalisation to be wrong, it made no specific ruling on what to do. So the government says the board of directors it appointed remains in place. Lord Ashcroft's lawyers have taken that and related issues to the Caribbean Court of Justice.
In the meantime, Mr Barrow is moving ahead with his constitutional amendment, including an adjustment to Section 69, to remove "all doubt" that any "law passed by the National Assembly to alter any provision of this Constitution which is passed in conformity with this section shall not be open to challenge in any court of law on any grounds whatsoever".
Mr Barrow should be warned that his government's action is having a chilling effect on the private sector and is bad for Belize's economy. But worse, this high-handed behaviour, because he has the parliamentary numbers, poses graver danger for Belizean democracy.
August 21, 2011
jamaica-gleaner editorial
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Showing posts with label Dean Barrow. Show all posts
Showing posts with label Dean Barrow. Show all posts
Sunday, August 21, 2011
Sunday, July 11, 2010
Caricom's 'Governance' Dilemma
By Rickey Singh
THE 31st annual Heads of Government Conference of the Caribbean Community (Caricom) concluded in Montego Bay, Jamaica, on Wednesday, July 7 with little hope of any progress being made by the 37-year-old regional economic integration movement in the immediate future.
Hopes raised midway the four-day event for a new approach to ensure realistic and appropriate management of today's challenges, caused by the global economic and political crises, were dashed when the leaders backed off at the close of the conference.
Not surprisingly, they have scheduled another "special meeting", for September this year, to consider likely alternative governance models for better management.
In its normally lively 'discussion forum', the BBC Caribbean Service has been encouraging responses to the provocative question: "Does Caricom have a future?"
This discussion took place while the Community's Heads of Government were still wrestling with the cynicism and disenchantment their inactions have spawned over repeated failures to implement decisions, unanimously taken, for progress towards the Caricom Single Market and Economy (CSME).
While the official communiqué was not available to the region's media at the time of writing (Thursday, July 8), the comments that flowed at an end-of-summit press conference on Wednesday made it sufficiently clear that the elusive governance issue had once again proved a barrier the leaders were still unprepared to scale.
Diminishing credibility
It is a failure that could only deepen concerns over Caricom leaders' credibility and commitment to make the Community's flagship project -- a single economic space in a region that constitutes a microcosm of the world's peoples, cultures and varying levels of social and economic development -- a reality either in this decade or the next.
Often viewed by Latin American, African and Asian blocs as a cohesive and productive experiment in regional economic integration, Caricom has done reasonably well in terms of functional cooperation and foreign policy coordination.
However, when it comes down to implementation of decisions on major issues involving critical segments of its treaty-based arrangements for inauguration of a single market and economy, therein lies the rub.
Their failures, which are rooted in a lack of collective political will to overcome parochialism and a narrow sense of nationalism in favour of a shared vision of "one people, one market, one Caribbean", continue to afflict Caricom. Consequently, a sense of alienation and defeatism, if not the "despair" alluded to in the BBC Caribbean discussion forum on "Caricom's future", has spread.
The announcement by Prime Minister Bruce Golding, in his capacity as Caricom's new chairman, that a committee of prime ministers has been identified to make proposals for the forthcoming "special meeting" of heads in September to address alternative forms of governance cannot be considered as anything of significance.
The Community has gone that way before with "Prime Ministerial Working Groups" and high-level committees of regional technocrats. The upcoming September meeting seems destined to do what Trinidadians call "spinning top in mud".
Amid the expanding "word game" on Caricom's future governance, more and more Heads of Government are pushing for more action and less talk. They are simply reprimanding themselves, but given the current circumstance, it is an appropriate rebuke.
Ironically, in rushing to announce a prime ministerial committee to consider a new 'governance' architecture, leaders present in Montego Bay seem to have forgotten to include the prime minister of Belize, Dean Barrow, who holds lead responsibility on governance and justice in Caricom's quasi-cabinet system. Or did he decline to serve?
July 11, 2010
jamaicaobserver
THE 31st annual Heads of Government Conference of the Caribbean Community (Caricom) concluded in Montego Bay, Jamaica, on Wednesday, July 7 with little hope of any progress being made by the 37-year-old regional economic integration movement in the immediate future.
Hopes raised midway the four-day event for a new approach to ensure realistic and appropriate management of today's challenges, caused by the global economic and political crises, were dashed when the leaders backed off at the close of the conference.
Not surprisingly, they have scheduled another "special meeting", for September this year, to consider likely alternative governance models for better management.
In its normally lively 'discussion forum', the BBC Caribbean Service has been encouraging responses to the provocative question: "Does Caricom have a future?"
This discussion took place while the Community's Heads of Government were still wrestling with the cynicism and disenchantment their inactions have spawned over repeated failures to implement decisions, unanimously taken, for progress towards the Caricom Single Market and Economy (CSME).
While the official communiqué was not available to the region's media at the time of writing (Thursday, July 8), the comments that flowed at an end-of-summit press conference on Wednesday made it sufficiently clear that the elusive governance issue had once again proved a barrier the leaders were still unprepared to scale.
Diminishing credibility
It is a failure that could only deepen concerns over Caricom leaders' credibility and commitment to make the Community's flagship project -- a single economic space in a region that constitutes a microcosm of the world's peoples, cultures and varying levels of social and economic development -- a reality either in this decade or the next.
Often viewed by Latin American, African and Asian blocs as a cohesive and productive experiment in regional economic integration, Caricom has done reasonably well in terms of functional cooperation and foreign policy coordination.
However, when it comes down to implementation of decisions on major issues involving critical segments of its treaty-based arrangements for inauguration of a single market and economy, therein lies the rub.
Their failures, which are rooted in a lack of collective political will to overcome parochialism and a narrow sense of nationalism in favour of a shared vision of "one people, one market, one Caribbean", continue to afflict Caricom. Consequently, a sense of alienation and defeatism, if not the "despair" alluded to in the BBC Caribbean discussion forum on "Caricom's future", has spread.
The announcement by Prime Minister Bruce Golding, in his capacity as Caricom's new chairman, that a committee of prime ministers has been identified to make proposals for the forthcoming "special meeting" of heads in September to address alternative forms of governance cannot be considered as anything of significance.
The Community has gone that way before with "Prime Ministerial Working Groups" and high-level committees of regional technocrats. The upcoming September meeting seems destined to do what Trinidadians call "spinning top in mud".
Amid the expanding "word game" on Caricom's future governance, more and more Heads of Government are pushing for more action and less talk. They are simply reprimanding themselves, but given the current circumstance, it is an appropriate rebuke.
Ironically, in rushing to announce a prime ministerial committee to consider a new 'governance' architecture, leaders present in Montego Bay seem to have forgotten to include the prime minister of Belize, Dean Barrow, who holds lead responsibility on governance and justice in Caricom's quasi-cabinet system. Or did he decline to serve?
July 11, 2010
jamaicaobserver
Wednesday, May 12, 2010
Belize abolishes appeals to Privy Council as of June 1
By Oscar Ramjeet:
It is now official.
Belize will abolish appeals to the Privy Council as of next month, June 1.
An Order to this effect was issued by the country's Prime Minister, Dean Barrow, which was advertised in the last issue of Belize Government Gazette and which stated that the Constitution (Seventh Amendment) Act and the Caribbean Court of Justice Act will come into effect on that date.
The Caribbean Court of Justice (CCJ) will now replace the Privy Council as the highest Court of Appeal for Belize. This will not, however, affect appeals pending before the Privy Council on 31 May 2010.
Belize is the third country to have accepted the Appellate Jurisdiction of the CCJ, which was established on 14 February 2001. The other two are Guyana and Barbados.
The present seat of the CCJ is in Port of Spain, Trinidad and Tobago. However, the Agreement establishing the CCJ provides that the Court may sit in the territory of any other Contracting state as circumstances may require.
Moreover, the CCJ has the most modern technical facilities, including audio and video facilities and applications and interlocutory proceedings can be conducted via these media rather than by attorneys journeying to Port of Spain to make their presentations.
A Belize Government press release issued on Tuesday stated, "The removal of the age-old Privy Council as the highest court for Belize and its replacement by the CCJ represents a major landmark in the constitutional and legal history of Belize and has been widely welcomed among the Caribbean Community."
Guyana severed its link with the London based Privy Council since 1970 when the country attained republican status, and established its own court of appeal -- the Guyana Court of Appeal -- as its final court, and as a result litigants were only allowed one appeal in Guyana for a number of years until April 2005 when the CCJ was inaugurated.
Barbados retained the Privy Council until 2005 when it accepted the regional court as the final court.
Although the CCJ was established in 2001, discussions have been going on since 1988. I recall that Jamaica and Trinidad and Tobago were in the forefront of its establishment, and it is unfortunate that neither of the two countries has up to this date rid itself of the Privy Council. However, both countries tried, but were prevented by a ruling of the said Privy Council that the procedure they adopted was wrong and that they require constitutional amendments.
However, I am optimistic that these two countries, which are considered the big countries in the region will sooner rather than later amend their Constitutions, thus paving way to join the appellate division of the CCJ.
Port of Spain is the headquarters of the CCJ and I feel that the twin island republic will take steps before the end of this year to put the mechanism in place to join the regional court, even if there is a change of government.
As a matter of fact, if Kamla Persad-Bissessar becomes the new prime minister, she being a Caribbean-trained attorney, will be anxious to have the regional court as the final appellate court, and I have no doubt that Patrick Manning will give his support, since he has always been in favour of the move, but the former opposition leader, Basdeo Panday was and still is against it.
Perhaps I should state that, since two thirds of the votes are required in a referendum to change the Constitution, the government must get the support of the opposition before it becomes a reality.
St Lucia, Dominica, and Grenada are also considering joining the CCJ. The Ralph Gonsalves administration in St Vincent and the Grenadines wanted to get on board, but it failed in its referendum to amend the constitution on November 25 last.
However, in my view, it is not that Vincentians do not want to remove the Privy Council as the final court, but the referendum was loaded with a series of constitutional amendments, including more powers to the Prime Minister, and a President to replace the Governor General.
The Antigua and Barbuda government is now engaged in a battle for survival following a recent court decision that declared three seats held by Ministers, including the Prime Minister, vacant on the ground that there were irregularities on election day, and as such the Baldwin Spencer administration is not now in a position to look into the issue.
May 12, 2010
caribbeannetnews
It is now official.
Belize will abolish appeals to the Privy Council as of next month, June 1.
An Order to this effect was issued by the country's Prime Minister, Dean Barrow, which was advertised in the last issue of Belize Government Gazette and which stated that the Constitution (Seventh Amendment) Act and the Caribbean Court of Justice Act will come into effect on that date. The Caribbean Court of Justice (CCJ) will now replace the Privy Council as the highest Court of Appeal for Belize. This will not, however, affect appeals pending before the Privy Council on 31 May 2010.
Belize is the third country to have accepted the Appellate Jurisdiction of the CCJ, which was established on 14 February 2001. The other two are Guyana and Barbados.
The present seat of the CCJ is in Port of Spain, Trinidad and Tobago. However, the Agreement establishing the CCJ provides that the Court may sit in the territory of any other Contracting state as circumstances may require.
Moreover, the CCJ has the most modern technical facilities, including audio and video facilities and applications and interlocutory proceedings can be conducted via these media rather than by attorneys journeying to Port of Spain to make their presentations.
A Belize Government press release issued on Tuesday stated, "The removal of the age-old Privy Council as the highest court for Belize and its replacement by the CCJ represents a major landmark in the constitutional and legal history of Belize and has been widely welcomed among the Caribbean Community."
Guyana severed its link with the London based Privy Council since 1970 when the country attained republican status, and established its own court of appeal -- the Guyana Court of Appeal -- as its final court, and as a result litigants were only allowed one appeal in Guyana for a number of years until April 2005 when the CCJ was inaugurated.
Barbados retained the Privy Council until 2005 when it accepted the regional court as the final court.
Although the CCJ was established in 2001, discussions have been going on since 1988. I recall that Jamaica and Trinidad and Tobago were in the forefront of its establishment, and it is unfortunate that neither of the two countries has up to this date rid itself of the Privy Council. However, both countries tried, but were prevented by a ruling of the said Privy Council that the procedure they adopted was wrong and that they require constitutional amendments.
However, I am optimistic that these two countries, which are considered the big countries in the region will sooner rather than later amend their Constitutions, thus paving way to join the appellate division of the CCJ.
Port of Spain is the headquarters of the CCJ and I feel that the twin island republic will take steps before the end of this year to put the mechanism in place to join the regional court, even if there is a change of government.
As a matter of fact, if Kamla Persad-Bissessar becomes the new prime minister, she being a Caribbean-trained attorney, will be anxious to have the regional court as the final appellate court, and I have no doubt that Patrick Manning will give his support, since he has always been in favour of the move, but the former opposition leader, Basdeo Panday was and still is against it.
Perhaps I should state that, since two thirds of the votes are required in a referendum to change the Constitution, the government must get the support of the opposition before it becomes a reality.
St Lucia, Dominica, and Grenada are also considering joining the CCJ. The Ralph Gonsalves administration in St Vincent and the Grenadines wanted to get on board, but it failed in its referendum to amend the constitution on November 25 last.
However, in my view, it is not that Vincentians do not want to remove the Privy Council as the final court, but the referendum was loaded with a series of constitutional amendments, including more powers to the Prime Minister, and a President to replace the Governor General.
The Antigua and Barbuda government is now engaged in a battle for survival following a recent court decision that declared three seats held by Ministers, including the Prime Minister, vacant on the ground that there were irregularities on election day, and as such the Baldwin Spencer administration is not now in a position to look into the issue.
May 12, 2010
caribbeannetnews
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