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Commentary: Congratulations Jamaica on your 50th anniversary of independence
Published on August 6, 2012 Email To Friend    Print Version

By Ian Francis

Celebrating 50 years of independence from the shackles of British colonialism is a milestone for any nation. Jamaica has achieved it and I offer my sincere congratulations on this very important historical achievement.

ian_francis.jpg
Ian Francis resides in Toronto and is a frequent contributor on Caribbean affairs. He is a former Assistant Secretary in the Ministry of Foreign Affairs, Grenada and can be reached at ianf505@gmail.com
The celebrations come at a time when Caribbean people in Toronto will once again raise their cultural flags to host the famous Caribbean festival now allegedly hijacked by Scotia Bank and the City of Toronto; the showdown at the London Olympic Games between Blake and Bolt no doubt brought added joy and pride to a nation known for its firm stand on nationalism and its population’s knowledge of Europe and North America and not the Caribbean Commonwealth.

Unfortunately, as the celebrations take shape over the next few days, it is extremely difficult to resist commenting about the growing level of poverty, criminal activity and widespread corruption in all sectors of the society. While many of these shameless acts are reported in various medium forums, many go unreported but victims remain across the nation. In spite of these challenges, it is important to recognize the efforts being made by the administration of Prime Minister Portia Simpson-Miller to address these socio-economic ills. The administration requires the support of all and sundry if it is going to impact the challenges faced.

While the administration’s efforts are commendable, there are several existing regional policy issues that must be resolved. One such critical policy issue is Jamaica’s membership in the Caribbean Court of Justice. Based on existing media reports from Kingston, it would appear that there are persistent disagreements in the lower House of Parliament between the ruling People’s National Party (PNP) administration and the opposition Jamaica Labour Party (JLP) regarding the implementation of a mechanism to withdraw from the British Privy Council and accept the Caribbean Court of Justice as the final appellate jurisdiction.

With fairness to the stakeholders involved in discussing an appropriate mechanism for membership in the CCJ, I cannot resist supporting the position of Jamaican legal luminary, A.J. Nicholson, who currently serves as the administration’s Minister of Foreign Affairs. It is extremely difficult to comprehend the JLP position on insisting that there must be a national referendum to give concurrence for membership in the CCJ. In my view, given the still existing deep entrenchment of colonialism in the nation, a referendum is bound to bring about further tribalism and discontent. The JLP must understand that their demand for a national referendum should be dropped.

In supporting the position of Minister Nicholson, it is quite evident that Jamaica’s membership of the Court will have a very positive impact throughout the region and this is why the JLP should support other alternatives. Jamaica is not the only Caribbean nation faced with the challenge of holding a referendum to determine future membership in the CCJ. The Organization of Eastern Caribbean States (OECS) membership is also faced with the referendum challenge.

What should be evidently clear to the Caribbean legal community and especially those who hold the Privy Council on a pedestal, is that they have said in many different ways, “Guys, we do not want you anymore. Use the CCJ.” Unfortunately and with extremely great disappointment, there are many who have not heeded this message and continue to dream and fantasise that the Privy Council will always be the final appellate jurisdiction.

As the situation is examined, Jamaica and the OECS might wish to consider pursuing a legal option by seeking a reference from their respective jurisdiction as to whether a referendum is necessary. If this approach is taken into account, the applicants must also take into consideration that opinions will vary given the prevailing attitude and support for colonialism throughout the region.

As efforts are pursued in finding a regional mechanism that would afford membership in the CCJ, the CARICOM Secretariat, local bar associations and regional governments must all accept criticism for their lethargy in not mounting a strong public information and awareness strategy on the CCJ. Our Caribbean leaders and institutions must realize that ramming down public policy decisions in the throats of voters does not always work. People need to be engaged on public policy issues and given the evolution of media diversity in the region; it is extremely difficult to rationalize such lethargic conduct.

In conclusion, as the referendum debate for membership in the CCJ pervades throughout the region, this should be a clear indicator to governments that there are several other things that require fixture and maybe it is time to take an inventory.

We should start with the CARIBCAN trade agreement.
 
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Comments:

Alfred Fraser:

Congratulations on the Fiftieth Anniversary of Independence for Jamaica is certainly in order. Unfortunately, a referendum for or against the Caribbean Court of Justice comes like deja vu all over again.

At the risk of spoiling the Party that celebrates Jamaica's outstanding achievements at the London 2012 Olympic Games and the spreading euphoria over uni-lateral independence fifty years ago that seems to be a grand publicity plan by the present PNP Government of Prime Minister Portia Simpson-Miller, Jamaicans and indeed other Caribbean Nationals, to their detriment, appear to have had either a lack of education,or a grand case of collective amnesia.

I will dare to be the Bearer of stale News to Younger Generations. The history of Jamaican Independence appears to leave out a referendum in 1961 that rejected the Federation of the West Indies; broke up a unified Caribbean Nation which was just undergoing its birthing process; and set back independence aspirations of the other nine of ten British Caribbean Colonies until they could craft new independence strategies and plans in a hurry.

Trinidad and Tobago was the first of the fragmented Federation to achieve its Independence with the brilliant mathematical statement of their Prime Minister and Scholar, Dr. Eric Williams that one from 10 leaves zero. Barbados quickly followed suite with a small but reasonable size. Tiny Island Nations were born from the fragments of the defunct Federation of the West Indies, first as self governing states, internally, then into independence. Political Leaders from tiny Antigua and Anguilla, Dominica, Grenada, Monsterrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, carried on the fight against historical colonization by French and especially British institutions from the late 1970's to the mid 1980's.

The Eastern Caribbean States was the first, post-federation union. Then CARIFTA and later CARICOM were crafted as loose economic and political unions. Other Independent Caribbean Nations such as Belize, Guyana and Surinam were included with the original ten states of the West Indies Federation. Prospects of any great nation, called for example, The United States of the Caribbean now seem very bleak. Eric Williams of Trinidad, Grantley Adams of Barbados, Norman Manley of Jamaica and the other Prime Ministers and Leaders of the Opposition from the other Seven allowed the taste of personal power to over shadow the machinations of the British Colonial Office and their skilled bureaucrats who would have wanted to hang on to these Caribbean, colonial Gems as long as possible.

I often wonder whether the true History of the past 100 Years are in fact taught in Caribbean Schools and Universities. What do young Jamaican Students learn about the West Indian Federation?

Why do I now feel uncomfortable at the Jamaican Independence celebrations to mention anything about a West Indian Federation. After all, this was the lead up to independence for all British, West Indian colonies. This was the federation of potentially free states that ended, essentially. because of a Jamaica-only Referendum that was championed and passed by a majority of Jamaicans under the leadership of the JLP's, Honorable William Alexander Bustamante (ne Clark)?

What kind of an Olympic powerhouse would have resulted from a the West Indian Olympic Team containing athletes from all member states of the defunct West Indies Federation?

We have the glories of Sir Garfield Sobers, Rohan Kanhai and the Three W's: Worrel, Weeks and Walcott, and Jamaica's Charlie Gilchrist Jamaica's superfast Bowler, among numerous younger West Indies Cricket Stars, as concrete examples of Caribbean prowess in Cricket. But, what would be the success rate of an all-nations Caribbean Soccer Team?

Finally, from a seriously Canadian perspective, I wonder whether Jamaica's Fiftieth Independence celebrations would be so well-glamorized in the Canadian Media, like CBC TV, for example, if they fully understood that Jamaica is in fact the Poster-Child of separatist success?

To end on a brighter note: Can anyone tell me what ever happened to the Federal Palm and the Federal Maple? These were the two ships donated by Canada's Lester Pearson in 1958 as a Birthday Gift to the new West Indian Federation.

Ian Francis:

Alfred:
Are you still in BC or NWT. I saw a very good friend recently. Former HC Griffith.

The Federal Palm and Maple was sold to Middle East interest.

A minor correctin, Jamaica got independence 6 weeks before Trinidad.

Email me



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