Nothing
illustrates all of this better than the recent controversy,
and the stubborn refusal of the Chairman of the Commission
to make the simple admission that he has not conducted the
proceedings of the Commission properly, that elementary
rules of procedure have not been followed by him, and that
the argument that he has put forward for aborting the
proceedings of the Boundaries and rushing to transmit his
version of boundary reform to the Governor General is not
credible.
When
we ourselves set high standards for ourselves, it is natural
that the public will be disappointed if we do not achieve
those standards. The Government of the St.Lucia Labour Party
has long and strongly argued that the process of boundary
delimitation undertaken in the past has been flawed. They
have argued that the time has come to make a new start and
to do things the “right way”. And to this end the
Government decided that it was best to politically
neutralise the process by getting independent advice and
counsel to indicate possible ways forward.
In
this case “independent” meant “foreign”, and the
Government availed itself of consultancy assistance from
first, the Commonwealth Secretariat and subsequently, the
Organisation of American States. In the last decade or so,
both of these institutions have been heavily involved in
rendering advice on electoral reform and procedure to
so-called developing countries: witness the Commonwealth
Secretariat’s deep involvement recently in the Zimbabwe
elections, and the OAS’s involvement in the elections in
Haiti.
Prime
Minister Anthony’s enthusiasm for a new start in this
matter is also recorded in the report submitted by the OAS
consultant. He observes that:
“The Prime Minister and
the majority of our interviewees expressed the need to
undertake the delimiting exercise in a non-partisan fashion.
Public education and transparency must prevail...As many
concluded, including His Excellency Prime Minister Dr. Kenny
Anthony, the workings of the ...Commission must be seen as
fair, non-partisan, and transparent. This requires public
participation at the community level”.
The
Commonwealth Secretariat Report broadly supported Labour’s
claim that the system as operated in the past had been
flawed. Though the UWP leadership does not accept all its
criticisms, it has been made clear that we must resist any
temptation to fight the battles of the past, and that we
must move forward. To this end the relevant Party Committee
held a number of discussions, and prepared its proposals for
boundary reform well in time for the beginning of the
Boundary Commission’s deliberations.
It
is truly amazing, all of this having been said, the Chairman
of the Commission in its first meeting, did not see fit to
consider the reports of the Consultants when requested so to
do by the Opposition representatives, on the curious ground
it is alleged, that these foreigners do not know more than
we do and cannot tell us what to do - as if the latter is
the role of consultants to any organisation or committee. It
certainly is curious coming from one who represents the
highest level of education in our country - the University
of the West Indies.
This
red herring of an excuse was the first indication that
something might be going wrong. It certainly indicated that
Chairman Matthew Roberts was perhaps not in accordance with
the public expressed view of the Prime Minister. Of course,
the Chairman could well argue that his Commission,
constitutionally independent, is not bound to listen to the
Prime Minister or any consultants.
That
the Opposition representatives had to request that a
Secretary be provided to take notes of the meetings
proceedings had already suggested a state of mental
unpreparedness and lack of knowledge of what is required in
matters of this kind. Yet this can hardly be so, since the
Chairman came to the meeting with a fully prepared document
for boundary delimitation apparently prepared by himself.
It
is the request that there should take place a physical
review - a
walkabout - to examine some of the Chairman’s proposals
for delimitation, that seems to have broken the camel’s
back; though this request was unanimously agreed by the
Committee.
For
the Chairman’s admission, at the next meeting of the
Committee, that he had had
difficulties in obtaining transport for the Committee
to go around the country, followed by his conclusion that
since in the interim some of his boundary delimitation
recommendations had been leaked to the press,
this must lead to an ending of the Commission’s
efforts to review the constituency changes, was truly
curious, astounding and incredible. They suggest the
throwing up of another red herring, and the question is why.
Roberts will of course have been aware of the Prime
Minsiter’s publicly expressed outrage at the alleged
“leak”, and his indication that he would seek an
explanation from the Chairman.
Mr.
Matthew Roberts has made much, in justification of his ready
acceptance of the Government representatives’ proposal
that the Committee’s proceedings should end, and a report
submitted to the Governor General without the concurrence of
the Opposition representatives, of the so-called leak to the
Press. The intimation is that it was leaked from the
Opposition side. Never mind that few in this country, given
their record of public service, would doubt the integrity
and commitment to proper public policy conduct of Mr. St
Clair Daniel, former Speaker of the House, and Mr. Darius
Charlemange, former Permanent Secretary.
Yet,
the Mirror (the newspaper to which the document was
allegedly leaked) has stated in an Editorial in its issue of
June 30, that:
“The Mirror certainly was
not involved in any sort of Watergate-style break in to get
the Electoral Boundaries Commission recommendation story that
we ran some weeks ago. Neither did we get our information
from the Opposition party”.
But
Chairman Roberts has ignored this statement, choosing to go
along his merry way, and indeed in the eyes of many people
compromising the vaunted independence of the Commission by his
association with the Prime Minister’s Press Secretary on the
“Constitution Park” programme, and his resort to foolish
remarks about the UWP Political Leader’s responsibilities.
Now
the Chairman, and no doubt the Government will do likewise,
takes refuge in the fact that the proposals have gone to the
Governor General and they have no further right of
interference. All that is left is for the Prime Minister
“lay” the Report before the House of Representatives for
its deliberation, possible modification and resolution.
There
is no doubt that if the matter goes forward as Chairman
Roberts intends, that the notion of non-partisan-ness strongly
approved by the Prime Minster will have gone by the board.
There is no doubt that the recommendations of the two
consultants, which are detailed and broad, will hardly be
capable of being considered in any future
climate of good will, transparency or meaningful public
participation. We will be back to square one. The much
acclaimed desire for a new start will have come to nothing.
The
UWP believes that the “spirit” as well as the “letter”
of the Constitution must be observed; that if the Chairman’s
procedural practice has gone wrong it should not be allowed to
prevail; that the infallibility of the Chairman should not
override the intentions of the Constitution. No argument about
past wrongs can justify present wrongs. “Two wrongs do not
make a right”.
And
no amount of spin doctoring can make bad constitutional
practice good.
On
a number of issues, including the NIPDEC matter, the
Corruption Inquiry matter, the implementation of the banana
privatisation matter, the parliamentarians’ salary increase
matter and the back pay matter, the Opposition has insisted
that procedural breaches in the conduct of public policy
should not be tolerated. We have been proven right on all of
these issues.
We
insist now that “due process” be observed on this crucial
issue for our democracy of boundary delimitation.
We should not yield to any temptation to do otherwise
for some presumed, short-term advantage.
Dr.
Vaughn A. Lewis
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