Martin Henry AT ANY moment now the Rt. Hon. Prime Minister will fly the gate. He has already embarked upon his last election campaign. Upon him rests the sole prerogative of setting the date; and no 'better' time seems to be in the prophetic cards than now. The Western leg of Highway 2000, following on whose opening the date would be set, was opened last week. The way is now clear for Patterson's last race.
Every pollster and pundit is in the field. Their questions and analyses, let us be quite clear, not only analyse the issues but set the agenda of what those issues should be. When the Don Anderson/Gleaner polls, for example ask "What are the main things that the political parties should focus on during the campaign leading up to the general election?" or "What is the biggest problem facing Jamaica?" there is now a well established checklist of expected answers from which to choose.
The JLP has a manifesto out. The PNP will follow soon, the release perhaps set to coincide with the flying of the gate. The 'third parties' are bound to follow. We can close our eyes and safely predict that all the manifestos will be glossy packages dominated by glittering promises of economic growth and social well-being. There will be little of a concrete nature on what is broadly called governance.
What is the fundamental business of government? If government does nothing else, what would be the basic minimum to justify its existence? On Tuesday, the merchants of Downtown Kingston, rather than following the popular route of blocking the roads, pulled down their own shutters at $40 million loss in protest. The protest, the Jamaica Chamber of Commerce said, was "to send a message to the Government that it ought to move quickly to arrest the ever-increasing lawlessness that has taken over downtown Kingston." The Gleaner editorial for the day said, "Their sense of abandonment by the Government of all the people is driving today's shutdown action. And for shame's sake, the authorities should seek to arrest the deterioration of an area in which the legislative and judicial seats of Government reside."
On the very day of the shutdown protest, a Bill was tabled in Parliament, meeting at Gordon House in the heart of Downtown, to have Parliamentarians and members of the judiciary swear allegiance to Jamaica and the Constitution rather than to Queen Elizabeth, her heirs and successors. The officers of the Legislature and the Judiciary, of the Executive and the civil service, particularly the security forces, have always been implicitly sworn to uphold the Constitution.
In the United States Constitution this is the sole specific business of the President, not New Deals or wars against poverty, or welfare safety nets or education or Medicare or environmental protection, or whatever: "I do solemnly swear (or affirm) that I will faithfully execute the Office of president of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."
At the heart of democratic constitutions is a Charter or Bill of Rights. The rock-bottom, foundational function and duty of Government is to protect these God-given inalienable rights and freedoms. After 40 years unchanged, Chapter III of the Jamaican Constitution, "Fundamental Rights and Freedoms," is to be amended by a Bill, "The Charter of Rights and Freedoms (Constitutional Amendment)." There is rare bipartisan agreement on the Bill which has been widely publicised and circulated as a newspaper advertisement.
The Bill launches out with a commendable and lofty Preamble: "13. (1) whereas- (a) the state has an obligation to promote universal respect for, and observance of, human rights and freedoms; (b) all persons in Jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as persons and as citizens of a free and democratic society; (c) all persons are under the responsibility to respect the rights of others and to strive for the promotion and observance of the rights recognised in this chapter, the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others or the public interest."
Such grand words must be bitter in the hearts of the family and friends of Yvonne Beaumont-Walters and the family and friends of the 647 other persons, including 13 policemen, who have been murdered this year up to Monday. This grand pronouncement must ring hollow for those imprisoned in garrisons, and for those whose property rights have been eroded away, from big merchant whose store has been blockaded by little vendor who in turn must meet the 'tax' demands of the extortionists.
The provisions of the Charter of Rights and Freedoms should be the central issues of the election campaign at this crucial hour. This is the 40th year of our Independence. This is the first election of the 21st century. This is the last election for the old guard leaders of the two major political parties. (Edward Seaga is both an architect of the Independence Constitution and of the Charter of Rights and Freedoms). This election has the presence of not one but several new third parties challenging the old order.
At this 14th general election under the 1944 Universal Adult Suffrage, we the citizens are tired. We are tired of the failures of governance, the failure to "preserve, protect, and defend" our God-given, inalienable fundamental constitutional rights and freedoms by those we have voted for.
We are tired of promises of better must come, of deliverance, of money jingling in our pockets, of free education. Join me in replacing 'a little more bread, a little more butter' with rights and freedoms and the rule of law the fundamental business of government at the very top of the election agenda.
FOOTNOTE:
A giant in the fields of religion, education and wide-ranging civic service, Archbishop Samuel Carter, has left us. I was deeply touched by Father Richard Ho Lung's recounting of the courage and serenity of final days and hours a leader to the very end of a long and fruitful life.
Martin Henry is a communications consultant.
