Gordon Robinson | Constitutional consensus

You knew I’d soon be returning to my pet peeve namely the national sham(e) called Constitutional Reform.

The seed for this farce was planted in 2021 as Jamaica was politically embarrassed when Barbados booted the English Monarch and established what it called a Republic. The idea that Jamaica should also boot the Monarch germinated. But JLP/PNP seemed determined to ensure the process didn’t weaken their stranglehold on political power or make them more accountable to the people they allegedly represented.

So becoming a Republic was planted in a forest of weeds called “Constitutional Reform”. A Constitutional Reform Committee (CRC) was secretly appointed to meet in secret and rubber stamp predetermined policy so a Constitutional Amendment Bill could be almost immediately laid in Parliament; rushed through faster than you can say “D.P.P”; then put to Jamaicans in a Referendum as “consensus”.

Consensus among who?

Some of us, including church groups and civil society advocates, protested loudly and found ways to educate on the Constitution’s purpose. Eventually, Government adjusted its strategy and promoted town halls allegedly seeking citizen input. In reality they became lecture tours conducted by Minister Marlene who assured questioners every little thing was gonna be alright when a ceremonial (or maybe “hybrid”) president was chosen for us by our political leaders. Then she put us on our marks by advising enumeration.

The sad part is JLP/PNP’s transparent determination to keep us far away from democracy and accountability. What’s this magic “consensus” which Minister Marlene repeatedly champions? Is it real? Have citizens been educated about Jamaica’s Constitution? Who has been “consulted”? What’s the real purpose of these random gatherings of concerned citizens mostly clueless as to what a Constitution means? Are those genuine consultations?

The tragedy is Jamaica has structures in place to ensure true consultation and consensus building. So this hand-picked Committee seemingly purposed to rubber-stamp Government’s pre-conceived plan proves Government doesn’t want consultation.

In 1997, Ward Mills, an advocate for humanity and accomplished musicologist, convened the group ACORN to build trust among potential social partners. The group’s raison d’être was patriotism. The first meeting was attended by the likes of Hopeton Caven, Clive Dobson, Hugh Shearer; Trevor Munroe; Ward Mills; Novar McDonald; Dennis Morrison (lawyer) and Christopher Bond. ACORN has been meeting on a regular basis over more than twenty years and lobbied for development and continuity of social partnership in Jamaica.

Between 2005 and 2007, after national consultations, PIOJ developed a long-term national development plan known as Vision 2030. The focus of that plan was cooperation across all sectors to make Jamaica the place of choice. In 2010, a PM-chaired National Partnership Council was established (for the first time at last), which began meeting regularly, resulting in the signing of a partnership code of conduct in 2011.

Do you want me to repeat it? If we want Vision 2030 to succeed co-operation across ALL SECTORS is required.

In 2013, Jamaica’s first social partnership, the Partnership for Jamaica (PFJ) Agreement, was signed at Kings House, under the GG’s patronage. Robert Looney writing for Foreign Policy (February 2014; “Is Jamaica Poised for a Turnaround”) wrote, citing Jamaica’s astronomical debt; stagnant growth and one of the world’s highest murder rates “It’s easy to be pessimistic about Jamaica.” Instead he took a glass-half-full approach:

“…it’s refreshing to hear some good news about [Jamaica]. There certainly is reason for optimism. The ongoing economic crisis and spectre of default has generated a previously unseen spirit of cooperation. Towards this end, after years of hard work, Jamaica’s PM Portia Simpson Miller established the Partnership for Jamaica on July 31, 2013. The Agreement’s priority areas include fiscal consolidation, with social protection and inclusion, rule of law adherence and timely justice outcomes, improved ease of doing business, employment creation and energy diversification and conservation. The Agreement relies on cooperation of various groups (my emphasis) which will hopefully build up trust and put an end to the erosion of social capital.”

PFJ has been credited with spawning the Electricity Sector Enterprise Team (ESET), that coordinated with OUR and the Energy Ministry to herald new policies regarding diversification of energy fuel hailed by The Economist in October 2014. Another PFJ consequence has been the highly successful Economic Programme Oversight Committee (EPOC) whose work in shining the spotlight on Jamaica’s economic policy and implementation is a seminal example of why we need transparency in Governance.

That history of social partnership beginning with a little ACORN in 1997 produced more blossoms in the 2017 Partnership for a Prosperous Jamaica (PFPJ) and National Consensus on Crime (October 2019). These include the widest cross-section of societal representation and co-operation.

At the PFPJ signing, Chairman Alvin Wint acknowledged the partnership building legacies of former PMs Hugh Shearer, P.J Patterson, Bruce Golding and Portia Simpson-Miller; stellar contributions of PFPJ advocates and coordinators Ward Mills and ACORN; Arlene Nelson (Manager), Dwight Nelson (chair, National Social Partnership Consultative Committee), Burchell Whiteman and Derrick Smith. He also hailed PFPJ sectoral partnership implementation leaders Vin Lawrence of Electoral Sector Enterprise Team (ESET), Richard Byles (EPOC), Michael Lee Chin/Nigel Clarke from Economic Growth Council (EGC), Helene Davis-Whyte (JCTU, EPOC, ESET), Marshall Hall (Labour Market Reform), Keith Duncan and Danny Roberts.

This was an inclusive project. Cooperation among varied groups was evident.

In October 2019, the National Consensus on Crime (NCC) was signed by a wide cross-section of national stakeholders including political, private sector, church and youth representatives. It included agreement for key imperatives including the need for social intervention and JCF reform.

NCC included this pledge:

“We agree to facilitate and support the appointment of a multi-sectoral and non-partisan committee to provide oversight of this programme and hold the Government accountable. This body will have responsibility for monitoring the implementation of the respective plans, measure progress, and report (providing regular public updates) on this programme.”

The Crime Monitoring Oversight Committee (CMOC) was formed in 2020. According to Violence Protection Alliance’s website, CMOC members come from society’s widest cross-section. They are Lloyd Distant (Chairman), Keith Duncan, Wayne Cummings (Private Sector nominees); Gordon Shirley (PM’s nominee); Anthony Clayton (LOO’s nominee); Helene Davis-Whyte (JCTU nominee); Garth Minott, Marc Ramsay (Church nominees); Dennis Morrison (Legal experience/background); Trevor Munroe (NGO’s nominee); George Overton (Security experience/background); Everton Rattray (Youth Groups’ nominee); Nadeen Spence (Womens’ Coalition nominee). CMOC’s activities seem low profile and its reports hard to find. But it exists.

Key international stakeholders, America, Britain, Canada and EU applauded “the work of [Government and NGOs] in developing a credible National Consensus Plan whose aim is to transform Jamaica to become a safe, secure and investment-friendly society…”

Like CMOC, ACORN; PFJ; ESET; EPOC; PFPJ; JCTU still exist. These are consensus building structures built by Government/civil society to promote consultation, education and transparency. Yet CRC’s initial 14 members are dominated by Parliamentarians (who will eventually vote on the Constitutional Amendment Bill) and Government Officials. CRC Chairperson is also Constitutional Affairs Minister. Only Nadeen Spence (CMOC) and Sujae Boswell (NCC) have any link to these consensus building partnerships.

This MUST be the Guy Lombardo Show!

Does this sound to you like a consultative process was intended? Or is this a ridiculous rubber stamping exercise disguised as consultative? Why are the national structures for consultation/consensus being ignored in this fake Reform trick?

In August, 2022, CMOC met with Horace Chang who, according to OPM, led a “high-level delegation” including Robert Morgan and Kavan Gayle:

“The key outcome of the discussions hinged on the agreed position that the CMOC framework should be strengthened around focused, measurable indicators that are informed by critical analysis and expertise in Government policies and procedures.”

If you can hold your nose and sort through this verbal diarrhoea you’ll pick from the mess Government’s need for propaganda to be CMOC’s guide. The gratuitous insult implying CMOC is incapable of “critical analysis” or “expertise in Government policies and procedures” is also noted.

“The importance of having public buy-in was underscored as another critical aspect of [CMOC’s] work that should be addressed moving forward.”

If you didn’t know, now you know why Morgan was a high-level-delegation member. In crime fighting as in Constitutional Reform, Government’s priority is public relations.

If We the People want less public relations masquerading as governance, we must take the constitutional reform process into our own hands. We’ve leverage to insist on a proper constitutional reform process instead of this crude consolidation of political power in the hands of a few. Public relations priorities force Government to perform its promise that Jamaica is “moving on”. So, believe it or not (by Ripley) We the People hold the handle. If you want proper governance make it clear either Government offers new systems guaranteeing more democracy, less corruption or we’ll vote to keep the King.

Peace and Love.

Gordon Robinson is an attorney-at-law. Send feedback to columns@gleanerjm.com