Robertson's visa and Golding's manoeuvrings

Delano Franklyn, Guest Columnist

The revocation of the visa of James Robertson, the former minister of energy and mining, by the United States government and his subsequent resignation have dealt a substantial blow to the body politic of Jamaica. While the US government, like any other sovereign government, has the right to cancel visas, the revocation of a minister of government's visa is one which the US authorities would have done only after very careful and serious consideration.

This is so, because it is not just the cancellation of the minister's visa which would have been taken into consideration, but also the implication for state-to-state relationship, considering that in this case, James Robertson was a member of the Cabinet and remains a deputy leader of the Jamaica Labour Party.

Mr Robertson, in response to the revocation of his visa, would wish us to believe that the cancellation has come about as a result of uncorroborated statements which were forwarded to various departments of the US government in support of the failed application for asylum by his former political associate, Ian Johnson. This may be so, but the United States authorities would also have been aware of the fact that the matter of which Mr Robertson speaks was dismissed by the courts in Florida in January this year. The assumption by any well-thinking person, therefore, that the US authorities would have taken into consideration other matters would be well founded.

KNOWLEDGE OFPRIME MINISTER

It would also be reasonable to assume that this is a matter which the US authorities would have had in their contemplation for some time and would have waited until they have sufficient information before making a decision. I would also not be surprised if the US authorities, prior to moving against Robertson, had signalled their intention to at least three other members of the Cabinet, either singly or collectively. These persons would include the prime minister, the minister of national security, and the minister of foreign affairs and foreign trade.

This latest move by the US authorities is not only a serious indictment against the Government of Jamaica, but Jamaica itself. It further compounds the already tense diplomatic relationship which exists between Jamaica and the US. As the submissions at the Manatt-Coke commission of enquiry would have proven and the diplomatic notes being released by WikiLeaks are now revealing, the Government's handling of the extradition request for Christopher 'Dudus' Coke did not sit well with the US government. Prime Minister Golding, instead of allowing the legal processes governing the request for the extradition of a Jamaican citizen to take its course, inserted himself in the process and, under the guise of seeking to protect Coke's constitutional rights, accused the US chargé d'affaires in Jamaica of being aggressive in his insistence that the extradition process be expeditiously dealt with.

Coke's extradition request by the USA was made based on information that he was involved in drug trafficking and gunrunning. Golding's strenuous efforts to influence Coke's extradition proceedings called into question his commitment to address the much larger issue, that of his willingness to abide by the existing treaty between the USA and Jamaica which calls for cooperation between the two countries in the fight against the ballooning international drug trade.

The cancellation of Robertson's visa, although a personal matter, and despite Robertson's resignation as a minister of government, cannot be ignored by Golding and his Government, because Robertson, by virtue of being, at the time, a Cabinet minister, was a leading representative of the Government, whose action or inaction impacts on the Government and the country.

As a minister, Robertson would not have been travelling on an ordinary passport but on a diplomatic one. He would, therefore, have been entitled to certain privileges when he enters the USA. These include not been fingerprinted or having to go through the normal and regular immigration proceedings, as he would normally have been met by persons from the protocol department of the US and given favourable treatment.

JAMAICAN DIASPORA

This latest incident also comes against the background of the Government's square-off with members of the Jamaican diaspora, whose members recently accused the Government of reducing engagement with the community over the last two years.

The USA is home to the largest number of Jamaicans living outside of Jamaica. The Diaspora Conference scheduled to have been held in June last year was cancelled by the Government because of the low registration of participants because of the Government's failure to engage the community. It might also have cancelled because the Government feared the searching questions and statements which would have been made by participants, especially those from the USA, over the Government's handling of the Coke affair.

Many Jamaicans living in the diaspora were and continue to be ashamed of how the Government handled that matter. They are now even more ashamed because a government minister's visa has been cancelled.

Prime Minister Golding and the Government have a lot of work to do to try to repair the strained relationship which currently exists between Jamaica and the USA. It is in this context that Golding's upcoming visit to the USA, from June 5-9, must be viewed.

Meeting with obama

During this visit, Golding is hoping to have audience with President Barack Obama. In a letter dated May 16 to Secretary of State Hillary Clinton, Jamaica's Ambassador Audrey Marks outlined that Prime Minister Golding is requesting a meeting with President Obama "to discuss areas of interest and continued cooperation between the USA and Jamaica".

According to Marks' letter, "Golding is visiting Washington to meet with heads of the international financial institutions and to address a forum of the Inter-American Development Bank on June 9, 2011." The request for the meeting with President Obama, being sent only three weeks before Golding's scheduled arrival in Washington, seems to be an afterthought. Usually, representatives of heads are in contact months before, as they work towards a mutually convenient date for a meeting.

What is even of more interest are some of the reasons being advanced by the Government as to why Golding would like to meet with President Obama. This includes, according to Marks, that "Jamaica is at the forefront of the fight against organised crime and that in May 2010, Bruce Golding made a bold political decision which dismantled the organised crime network in his constituency."

Clearly, Prime Minister Golding is seeking to have a meeting with President Obama under false pretence.

For nine months his administration delayed acting on the extradition request for Coke. Emboldened, Coke's supporters barricaded themselves within Tivoli Gardens, virtually creating a state within a state. Public pressure from right across the political, economic, and social divide was brought to bear on Golding, as civil society demanded that he act. The leadership of the security forces outlined that the level of anarchy which existed then should not be allowed to continue. With public pressure mounting, including the call for his resignation, and the security forces demanding that action be taken, Golding recanted from his intransigent position. It is, therefore, not true to say that he "made a bold political decision to dismantle organised crime in his constituency". He was forced by the people of Jamaica to do so.

Despite the last-minute nature of his request and his disingenuous approach in seeking to get audience with President Obama, I hope, in the interest of Jamaica, that Golding will be afforded such an opportunity. Surely, there will be much to discuss, including how to get Jamaica back to a position where it can be once again seen by the USA as a country which is serious about fighting international crime and putting behind bars, after due process, the perpetrators, whether they are in high or low places.

Delano Franklyn is an attorney-at-law. Email feedback to columns@gleanerjm.com and delanofranklyn@cwjamaica. com.