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Disrespecting the Constitution while expecting others to abide by it
ID: INTERACTIVE DIALOGUE
David Mullings
Sunday, March 13, 2011
I decided to break from my ICT/Jamaica series of columns today because of a culmination of events that I feel are critical to the future governance of Jamaica, and because I did not think I should just hope that someone else would bring up the points and questions I have in mind. I am angry, I am fed up, and I know I am not alone.
Last week's resignation of a fifth JLP MP for sitting in Parliament in breach of the Constitution of Jamaica, four years into a five-year term, has again put this serious issue in the spotlight but with an added twist. I am not here to argue whether dual citizens should be allowed to sit in Parliament, that is for another column.
GOLDING… has portrayed himself as a vigorous defender of the Constitution and the rights it provides citizens
GOLDING… has portrayed himself as a vigorous defender of the Constitution and the rights it provides citizens
#slideshowtoggler, #slideshowtoggler a, #slideshowtoggler img {filter:none !important;zoom:normal !important}
1/1
Section 40(2)A of the Constitution says that anyone who "is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;" cannot be elected to the House of Representatives or nominated to the Senate, and I have some questions that I have yet to see answered anywhere:
1) What happens to the votes cast in Parliament by MPs who were not legally allowed to sit?
2) Are there any dual citizens in the Senate?
3) Permanent residents of the USA (holders of Green Cards) are "Required to obey all laws of the United States, the states, and localities". Do these individuals count as being "under any acknowledgement of allegiance, obedience or adherence to a foreign power or state"? If so, are there any in Parliament?
4) Contrary to popular opinion about Commonwealth citizens being able to sit in Parliament, Section 39 -- which deals with such individuals -- explicitly states "Subject to the provisions of Section 40" and the provisions in Section 40 clearly indicate that allegiance to a foreign power or state disqualifies a person. My reading of this therefore is that if the person described in Section 39 does not meet the provisions of Section 40, they are ineligible. Are any such persons in either the Senate or the House of Representatives?
5) "By virtue of his own act" means that a person granted citizenship by being born in another country is not disqualified, BUT does the act of applying for a passport from said country as an ADULT count as "his own act"? If yes, are there any such persons still sitting?
6) If politicians expect the public to respect them and to respect the Constitution, why would they knowingly go to court? Is that not gross disrespect for the same Constitution they swore to uphold? If you know you are illegally sitting, why not resign quickly so that you do not illegally vote on legislation or illegally collect a salary (that goes for both parties)?
I believe these questions must be answered quickly and the necessary actions taken by any individuals in breach. There is also no doubt that amendments have to be made to the Constitution before the next elections. Either clarify the current rules for Commonwealth citizens and enforce them or change the rules, but do something and stop playing politics.
The huge blow to confidence in our politicians (just the latest of many blows to the little confidence we have left) however, does not stop there, as Prime Minister Bruce Golding last week admitted that he knew MPs were in breach but put his political party ahead of the Constitution of Jamaica. We already knew that he must have known and guessed the reasons, so this was really just confirmation -- confirmation that undoubtedly damages his already battered reputation.
The prime minister has portrayed himself as a vigorous defender of the Constitution and the rights it provides citizens, admitting that he would be willing in fact to pay a political price for defending constitutional rights. Any non-partisan Jamaican would agree that admitting to knowing of breaches of the same constitution but ignoring them for the sake of power comes across as clinging to the constitution only when convenient. Our self-described "Chief Servant" deserves some serious reprimand from those he serves.
You CANNOT complain about other countries breaching the Constitution of Jamaica when you yourself are supporting breaches.
I will also not pretend that the PNP brought the citizenship issue to national attention out of their unwavering dedication to upholding the Constitution. They have been no less focused on the politics of "convenience", the same kind of politics that hurts Jamaica.
The prime minister defended himself by indicating that the "will of the people" as indicated by the elections may have been thwarted and thus he made a decision. This excuse comes across as one of convenience, for when the "will of the people" was clearly for the prime minister to resign last year, he offered his resignation to his party, not the people.
The Government formed by the JLP could have continued with a new prime minister and Mr Golding would have shown respect for the will of the people.
Also, the "will of the people" was clearly for an alleged drug and arms trafficker to face the courts, but that will was ignored for nine months, even though wiretap evidence secured by Jamaican authorities through warrants issued by the Supreme Court of Jamaica were admissible in a Jamaican court of law but no local court case was put in motion. The "will of the people" was for the WHOLE TRUTH about who hired Manatt and why they were hired, but all the country got was half-truths and deception.
It is no wonder that my generation is so disgusted with Jamaican politics that we tend to avoid voting or getting involved. Our politicians routinely ignore the "will of the people" and put their party before the country. When it was the "will of the people" for the PNP to explain what happened with Trafigura, it was ignored. When the people demanded that politicians involved in the light bulb case no longer be involved in politics, it was ignored.
My generation talks about looking forward to the day the current set of politicians who have been around for decades leave, but the upcoming crop of politicians who stand with their parties instead of speaking out about the gross disrespect shown cannot be any better. They clearly subscribe to the same concept of "party first", and that does not bode well for Jamaica.
Some will say it is easy for me to chastise various politicians for their decisions when I have never been in their positions, but it is the job of the public to point out hypocrisy and poor governance when they see it, not to wait until we have to walk in the same shoes. Still, others will repeat the tired "he who is without sin" phrase from the Bible, but if that were sensible, the allies should never have attacked Germany because of the atrocities they committed in the form of slavery. Committing a wrong does not mean that you cannot also point out a wrong, and either way, it doesn't suddenly make it right.
Ultimately, the message being sent to Jamaicans all over the world is that many of our current politicians from both parties do not truly have the best interest of Jamaica at heart, and the Constitution only matters when it is convenient.
Enough! It is time we take a stand.
The National Pledge makes it clear that we are to pledge our love and loyalty "in the service of my fellow citizens", not in the service of a political party.
What will these politicians do to redeem themselves in the eyes of the many Jamaicans from whom they will seek donations and votes next year? What can they even do?
The Jamaicans that I represent want politicians to put the country first and I am sure many others whom I do not represent share that desire as well.
David Mullings is the Future Leaders Representative for the USA on the Jamaican Diaspora Advisory Board. He is on Twitter at twitter.com/davidmullings and Facebook at facebook.com/InteractiveDialogue
Read more: http://www.jamaicaobserver.com/colum...#ixzz1GT96yAsP
Disrespecting the Constitution while expecting others to abide by it
ID: INTERACTIVE DIALOGUE
David Mullings
Sunday, March 13, 2011 I decided to break from my ICT/Jamaica series of columns today because of a culmination of events that I feel are critical to the future governance of Jamaica, and because I did not think I should just hope that someone else would bring up the points and questions I have in mind. I am angry, I am fed up, and I know I am not alone.
Last week's resignation of a fifth JLP MP for sitting in Parliament in breach of the Constitution of Jamaica, four years into a five-year term, has again put this serious issue in the spotlight but with an added twist. I am not here to argue whether dual citizens should be allowed to sit in Parliament, that is for another column.
GOLDING… has portrayed himself as a vigorous defender of the Constitution and the rights it provides citizens
GOLDING… has portrayed himself as a vigorous defender of the Constitution and the rights it provides citizens#slideshowtoggler, #slideshowtoggler a, #slideshowtoggler img {filter:none !important;zoom:normal !important}
1/1 Section 40(2)A of the Constitution says that anyone who "is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;" cannot be elected to the House of Representatives or nominated to the Senate, and I have some questions that I have yet to see answered anywhere:
1) What happens to the votes cast in Parliament by MPs who were not legally allowed to sit?
2) Are there any dual citizens in the Senate?
3) Permanent residents of the USA (holders of Green Cards) are "Required to obey all laws of the United States, the states, and localities". Do these individuals count as being "under any acknowledgement of allegiance, obedience or adherence to a foreign power or state"? If so, are there any in Parliament?
4) Contrary to popular opinion about Commonwealth citizens being able to sit in Parliament, Section 39 -- which deals with such individuals -- explicitly states "Subject to the provisions of Section 40" and the provisions in Section 40 clearly indicate that allegiance to a foreign power or state disqualifies a person. My reading of this therefore is that if the person described in Section 39 does not meet the provisions of Section 40, they are ineligible. Are any such persons in either the Senate or the House of Representatives?
5) "By virtue of his own act" means that a person granted citizenship by being born in another country is not disqualified, BUT does the act of applying for a passport from said country as an ADULT count as "his own act"? If yes, are there any such persons still sitting?
6) If politicians expect the public to respect them and to respect the Constitution, why would they knowingly go to court? Is that not gross disrespect for the same Constitution they swore to uphold? If you know you are illegally sitting, why not resign quickly so that you do not illegally vote on legislation or illegally collect a salary (that goes for both parties)?
I believe these questions must be answered quickly and the necessary actions taken by any individuals in breach. There is also no doubt that amendments have to be made to the Constitution before the next elections. Either clarify the current rules for Commonwealth citizens and enforce them or change the rules, but do something and stop playing politics.
The huge blow to confidence in our politicians (just the latest of many blows to the little confidence we have left) however, does not stop there, as Prime Minister Bruce Golding last week admitted that he knew MPs were in breach but put his political party ahead of the Constitution of Jamaica. We already knew that he must have known and guessed the reasons, so this was really just confirmation -- confirmation that undoubtedly damages his already battered reputation.
The prime minister has portrayed himself as a vigorous defender of the Constitution and the rights it provides citizens, admitting that he would be willing in fact to pay a political price for defending constitutional rights. Any non-partisan Jamaican would agree that admitting to knowing of breaches of the same constitution but ignoring them for the sake of power comes across as clinging to the constitution only when convenient. Our self-described "Chief Servant" deserves some serious reprimand from those he serves.
You CANNOT complain about other countries breaching the Constitution of Jamaica when you yourself are supporting breaches.
I will also not pretend that the PNP brought the citizenship issue to national attention out of their unwavering dedication to upholding the Constitution. They have been no less focused on the politics of "convenience", the same kind of politics that hurts Jamaica.
The prime minister defended himself by indicating that the "will of the people" as indicated by the elections may have been thwarted and thus he made a decision. This excuse comes across as one of convenience, for when the "will of the people" was clearly for the prime minister to resign last year, he offered his resignation to his party, not the people.
The Government formed by the JLP could have continued with a new prime minister and Mr Golding would have shown respect for the will of the people.
Also, the "will of the people" was clearly for an alleged drug and arms trafficker to face the courts, but that will was ignored for nine months, even though wiretap evidence secured by Jamaican authorities through warrants issued by the Supreme Court of Jamaica were admissible in a Jamaican court of law but no local court case was put in motion. The "will of the people" was for the WHOLE TRUTH about who hired Manatt and why they were hired, but all the country got was half-truths and deception.
It is no wonder that my generation is so disgusted with Jamaican politics that we tend to avoid voting or getting involved. Our politicians routinely ignore the "will of the people" and put their party before the country. When it was the "will of the people" for the PNP to explain what happened with Trafigura, it was ignored. When the people demanded that politicians involved in the light bulb case no longer be involved in politics, it was ignored.
My generation talks about looking forward to the day the current set of politicians who have been around for decades leave, but the upcoming crop of politicians who stand with their parties instead of speaking out about the gross disrespect shown cannot be any better. They clearly subscribe to the same concept of "party first", and that does not bode well for Jamaica.
Some will say it is easy for me to chastise various politicians for their decisions when I have never been in their positions, but it is the job of the public to point out hypocrisy and poor governance when they see it, not to wait until we have to walk in the same shoes. Still, others will repeat the tired "he who is without sin" phrase from the Bible, but if that were sensible, the allies should never have attacked Germany because of the atrocities they committed in the form of slavery. Committing a wrong does not mean that you cannot also point out a wrong, and either way, it doesn't suddenly make it right.
Ultimately, the message being sent to Jamaicans all over the world is that many of our current politicians from both parties do not truly have the best interest of Jamaica at heart, and the Constitution only matters when it is convenient.
Enough! It is time we take a stand.
The National Pledge makes it clear that we are to pledge our love and loyalty "in the service of my fellow citizens", not in the service of a political party.
What will these politicians do to redeem themselves in the eyes of the many Jamaicans from whom they will seek donations and votes next year? What can they even do?
The Jamaicans that I represent want politicians to put the country first and I am sure many others whom I do not represent share that desire as well.
David Mullings is the Future Leaders Representative for the USA on the Jamaican Diaspora Advisory Board. He is on Twitter at twitter.com/davidmullings and Facebook at facebook.com/InteractiveDialogue
Read more: http://www.jamaicaobserver.com/colum...#ixzz1GT96yAsP
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