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Defining ethical behaviour
A blood-stained metal baseball bat rests against a wall in what thesecurity forces believe is a torture chamber in Tivoli Gardens.
Columns
James Moss-Solomon  
June 12, 2010

Defining ethical behaviour

WE have a very shallow approach to analysing and understanding the depth of some of the issues which face Jamaica. In many cases this is a totally naïve approach, and in others, a complete unwillingness to face facts. We therefore make decisions and form opinions based on a lack of understanding, and leave ourselves vulnerable.

My approach in this column has been to invite people to think, and I am now getting frustrated by our general willingness to be misled by people in seeming positions of power.

Incomparable Enterprises is credited with being the company vehicle of the Coke empire. People have been overheard to say, “It is a legitimate business.” Sorry folks, but a registered company does not necessarily mean a legitimate business. The work gained through contracts may have been awarded properly by lowest bid, or by favour, but either way there have been no complaints that work was not completed satisfactorily.

The quality of work — use of the correct proportions of cement and steel, workmanship — has been good, and in general there were no apparent delays due to “security” concerns. All this seems to point to an efficient contractor who has performed well.

However, if the contract was won by low bidding, all workers have been paid, all equipment and suppliers have been paid, then how could the profits rise to such heights as to accumulate the great wealth attributed to the “Emperors”? (If you do not smell something related to “runnings”, then you are probably hopelessly naïve. I have a large building on Heroes’ Circle for sale, going cheap.)

On a second point, the removal or resignation of a director has to be done in a prescribed manner. This does not seem to have been done under the provisions of the Companies Act, because of incorrect signatories. In any regard, even if this had been done in accordance with the law, the directors in question would still be culpable for illegalities during their tenure.

So this in no way protects against freezing and/or seizure of assets under the provisions of the Proceeds of Crime Act. So please understand why the Government will have to pursue criminal charges in order to be able to forfeit these assets from all those connected family and friends if the trail leads there.

On another point, the tourism industry is to receive US$10 million to rebuild the “reputation” of Jamaica as a safe destination. The taxpayer therefore will foot the bill for a man-made and self-inflicted disaster which we have carefully pushed under the table for years. Remember the tourists who said they weren’t going to Jamaica, “we’re going to Negril”? Montego Bay and Ocho Rios have all been skilfully marketed as not really being in Jamaica.

The headlines of the Observer of Monday June 7, 2010 say “Tourism being strangled – electricity costs too high -OUR urged not to grant increase”. This is a half-truth. The truth is our electricity COST is too high. The misleading portion is that the OUR does not award cost, rather it awards RATE increases. The two are not the same and we need to understand this.

The Jamaica Public Service is correct in saying that its rates are among the lowest in the Caribbean and require adjustment. If it can support its application with figures and rational calculations, we may all be faced with a rate increase. This will affect our bills, but there are other questions to be answered by the Government.

Firstly, the fuel charges are for the purchase of oil for the generating capacity. My question is: are we paying for oil related to bauxite and transportation in our electricity costs? This would mean that householders and commercial businesses are giving a subsidy to taxi and private car drivers and bauxite companies. Secondly, we have been made aware that less than one per cent of the residents of Tivoli Gardens have been paying for the power they use. If this is also true of other garrisons, then we are paying a subsidy which has greatly enhanced the hold of gang leaders over the decent citizens. It is time to stop as we can’t afford this double whammy anymore.

I will not defend any businesses that commit these acts of stealing electricity, and the full force of the law needs to be imposed. Businesses hiding themselves in previously secluded areas of limited access (garrisons), have joined the illegal theft of power, which has to be paid for by honest people. They happily pay protection money as it suits their purposes. It avoids the premiums for theft insurance, and it also prevents the various competent authorities from inspecting the sanitation and public health status, proper licensing, collection of GCT, and many other areas.

If you look at your own JPS bill you will probably see a breakdown close to this:

Power usage (Rate based) 40 per cent

Fuel charge (Oil based) 60 per cent

There is now a further GCT.

The important fact to note is that if we had renewable energy or nuclear energy, then we would see our electricity costs cut by more than half, and that would be great.

We must therefore assume that with private capital available as fallout from the JDX, a failure to address the power generation becomes a sell-out to the JPS, and does not serve the interests of the public. Who will gain from the continuing oil dependence, is a question which smacks of a lack of transparency. Any measure which does not cost the Government anything, reduces their import bill, serves as a productive investment for private capital, and benefits the consumer is a win, win, win, win solution. So as the advertisement says “How come?”

Red Stripe is complaining that the unequal tax measures between various roots wines and their beer constitute a serious threat to their market share, and may require some reduction in production and employees. Come on guys, let’s be consistent. This is the same Red Stripe that got a waiver of taxation from Dr Omar Davies, former minister of finance. At that time no other listed companies on the Stock Exchange received similar treatment. This is the kind of inconsistency that makes the private sector seem two-faced, and unable to speak from the high moral basis needed in this country. So again I say, “How come?”

I admire Red Stripe greatly, and in particular the late Hon Paul Geddes was a person who encouraged me, and I was very fond of him. He was not a person who whined, he stood up and fought. The history of D&G and Red Stripe beer is fascinating. Prior to the Second World War, rum ruled the Jamaican market, and beer was a small portion.

The strategy to take the major portion of the liquor market was assisted by the numbers of US troops stationed here, who brought their American preference for beer. The rest, as they say, is history. Successes came with bold action, and now as the “Roots” drinks strike back, either produce a roots product of a superior appeal, or cry quietly. I agree to a level playing field, but you need to abide by the rules also.

An important thread which weaves itself through the tangled web is that of public opinion or, if you like, definition of illegality. In spite of the laws pertaining to transporting, trafficking, and import and export of dangerous drugs, the Proceeds of Crime Act (POCA), the Gun Court Act, the Income Tax Act, the Companies Act, and many others, public opinion is not convinced.

Many persons believe that a start gained through illegal means eventually sanitises that person or business, and makes them worthy objects for emulation. This train of thought is extremely dangerous to the rule of law, as a society like ours badly needs an acceptable and comprehensive view of right and wrong.

The people have had a long period of amoral and immoral leadership. We have to decide what it is that we really want. Loud music at 4:00 am shows not respect for the rights of others. Not everything is acceptable and we “have fi hustle or juggle”, in ways beneficial only to ourselves, even if we disenfranchise others.

This is not the definition of the much misused “respect”. This “dissing” is no longer able to stand the tests of orderly society. It is not a phenomenon of the poor, it is an insidious evil which affects the rich and the “would-be rich” alike. Greed and the attainment of wealth by any means possible is not an acceptable or defensible method of advancement.

I read a recent analysis which suggests that democracy pales by comparison to dictatorship as an effective system of controlling crime, and fostering an orderly society. This led me to think about the torture chambers allegedly found in Tivoli Gardens. The media have confused the find by talking about “extrajudicial killings”. Based on some responses which I heard on the usual vox pops, many persons think that these locations are used by the police, and have failed to recognise that these are the enforcement areas of the area dons.

The voices of the human rights groupings have been less strident in commenting on the possibility of the “guilty persons” who have been summarily executed without redress to appeal to the Privy Council. It is no wonder that the lady can sleep with her door open, as either she agrees to be under total scrutiny and no privacy, or she agrees with the policy of trial and execution without representation. In doing either, she has voluntarily surrendered her human rights, and that has its own serious consequences.

In defining what is wrong and right at this time, the prime minister cannot be the only person who is required to speak the truth. He cannot be excused from doing so, but the chips need to fall with the underground economy players, drug dealers, tax evaders, gang members, compromised politicians, corporations, civil society groups, and all must be held to high standards.

Expediency is not a viable method of justifying wrong, and no single person is absolutely indispensable. After all, we will all die, and life will go on without us, and quite nicely, thank you. Politicians, please take serious note that the real no-confidence vote is all-embracing, and both parties have been found wanting.

Democracy, by its nature, requires honesty and integrity. Any attempt to redefine this basic element will lead us to a path that we may not find very pleasant to walk down. Ethics are often defined by law and practice, so too is crime. So be very careful.

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