There are
some who would see Jamaica’s transition from a constitutional monarchy to a
constitutional republic as a historic endeavour but historic does not always
mean it is a step in the right direction especially since there is no evidence
to contradict my long held assertion that this is becoming a republic for the
sake of it just so we can have a president for the sake of it. The loftiness of it all makes it very easy
for anyone to buy into. But after doing careful examination, I am here to
expose some harsh truths that those who support this shift tend to overlook.
The first
point of contention is that of the final court of appeal. The current model stipulates
that final appellate jurisdiction rests with the Judicial Committee of His
Majesty’s Privy Council. Over the last two decades there has been a debate
about replacing the JCPC with the Caribbean Court of Justice. This move is one
that has been made already by several Caribbean countries. The disagreement is
that the government supports retaining the status quo for now while the
opposition favours the change. This is somewhat confusing for several reasons.
Why would an anti-royal and pro-republic government be opposed to altering the
final appellate court? That makes no logical sense especially in light of two
additional variables. First it is much easier to change the final court than it
is change the head of state, the latter requires a referendum whereas the
former does not. Second, there have been several judges who sit on the JCPC
openly telling us that they would rather not hear cases from Jamaica or the
rest of the Caribbean as it takes time away from their other work. In other
words, the Law Lords themselves are encouraging us to join the CCJ. I have yet
to hear The King or any other royal tell us that they want us gone so they can
focus on their other realms, the most I’ve ever heard from The Palace is that
it is a matter for the Jamaican people to decide. In light of this, it baffles
the mind as to why the government is making no move towards the CCJ although
that is much easier than moving us to a republic. Nor should we buy the
argument about a phased approach. If that were the case then why not do the
easier task first? there is literally no plebiscite required to leave the JCPC,
that alone should be incentive enough.
The second
concern I have is with the appointment of the president. Yes. You read that
correct, appointment not election. For all this talk about Jamaica finally
asserting itself as a sovereign nation, it seems as though the supreme
authority will still be vested in one man. Except instead of King Charles III,
it will be PM Holness, who will get the sole right to determine who the
president should be. I know some will argue that the prime minister has to
consult the leader of the opposition. Anybody who has read the fine print will
know that the consultation will be merely a courtesy, the PM will be the final
decider on who the president is. Some will argue that this is exactly how the
governor-general is chosen. To such persons I would ask this question: what
exactly is the material difference between a monarchy and republic? In a
monarchy, sovereignty is vested in the Crown which means it is the King’s royal
prerogative to ask for the Prime Minister’s advice on who to select as
governor-general but in a republic it should be different, no single individual
should have that power because a republican state vests sovereignty in the
people. The idea that a PM can remove the actual king and yet maintain royal
prerogatives akin to a king is rooted in hypocrisy. The current system works
because the Crown is politically neutral and hence his representative can also
be politically neutral. The government’s proposal destroys any air of political
neutrality that the head of state can have. The current constitution is honest
because the governor-general does not pretend to represent popular sovereignty,
he represents the sovereignty of The Crown and we know this, not everyone likes
it but no one is deceived into thinking it is something that is it not. The new
proposal is rooted in an attempt to hoodwink the Jamaican people into thinking
that the president is their representative when the truth is that he is wholly
a creature of the prime minister, completely incapable of being truly neutral.
This would not be because of any personal, political or moral failings on the
president’s part but simply by the very nature of the way the office operates,
in other words, it is a purposely built-in feature. In a country that is so
heavily tribalised between supporters of both sides of the aisle, that is the
last thing we need. And if anyone doubts how divided we are just look at the
sharp divergence between the government and opposition to the point where the
opposition has all but boycotted sitting of the parliamentary committee on this
matter.
I am aware that supporters of the government’s republic agenda will criticise the opposition for refusing to participate. Some even go as far claiming that the opposition is “holding the country hostage” but that is demonstrably untrue because regardless of what the opposition does or says, the government is moving full speed ahead without them. So the opposition is not holding the country hostage at all, it is the government that is refusing to listen to anyone or anything that does not fit their agenda. For people who give lip service to democracy, they are certainly moving in an autocratic fashion but they say the monarchy is antithetical to democracy? They should look closer to home instead of throwing that charge at any else’s door
And
speaking of opposition, has anyone seen the proposal for senate reform? The
current system has 21 senators, 13 from the government and 8 from the
opposition which means that any bill which requires a two-thirds majority would
need at least one opposition senator to break ranks and join the government.
The new senate being proposed would have 27 senators, 15 from the government, 9
from the government and 3 “independent” senators appointed by the
president. But as I explained earlier,
the president appears neutral but is truly not which in essence means 18
senators siding with the government compared to 9 from the opposition. This
means that the two-thirds protection built into the current constitution will
not be a feature of the new one. No doubt the government was not counting on
those with keener eyes to take notice of this cleverly disguised three card
trick but it only serves to underscore the deception of this government, trying
to pull the wool over the eyes of the Jamaican people who they need to buy into
their propaganda. This is the reason why they are not so keen on listening to
any voice that does not agree with theirs whether it be from opposition or
ordinary citizens.
This brings
me to my message to the Jamaican people and it is simple, we have but one
chance to halt this and it is to turn out and vote no their republic. Any idea
that puts forward the notion that this for the benefit of the Jamaican people
is a falsehood. The truth is that the enemies of The Crown have sold us an
illusion that our national pride and self-determination will be boosted by
voting for their agenda, but the truth is that self-determination and national
pride will be just as powerful by voting against them because that what WE THE
PEOPLE decide. Our worth as Jamaicans is not rooted presidential titles or republican
aspirations but rather in the fact that as a collective, we can stand up and
speak truth to power, making it clear that we are wiser than they are, we see
right through them and will not allow them to deceive us into give them more
power to do as they like.
