POLITICIANS, at times, will do almost anything to gain political advantage. Sometimes the so called advantages are ill-conceived, baseless, and misinterpreted.

The Jamaica Labour Party’s (JLP) stance on the Caribbean Court of Justice (CCJ) is opposite to that of the People’s National Party (PNP). Like scores of thousands of Jamaicans who refuse to sit on the sidelines and watch helplessly the two warring factions who refuse to yield an inch to each other, and vote en bloc for and against the country’s acceptance of the CCJ, we are seeking answers from our political representatives. Tell us why the CCJ is bad or why it’s good for us.

As it would appear to most Jamaicans, the house vote was more a sentiment vote based on political affiliation than a vote of individual convictions. It would defy all logic of human behaviour for views to be so different on an issue that will affect the lives of the citizens when there is not one single dissenting voice amongst 63 people who all voted for their party.

I decided to debunk that unlikely occurrence. The result speaks for itself.

I had casual discussions with close to 20 people within the Corporate Area. I asked them what were their views about the CCJ. The responses, in my opinion, were shocking. One respondent used more expletives than days in December when asked the question if Jamaica should be a member of the CCJ; the letters C and J were well represented in the tirade. The person made it clear that the anger was not directed at me, but at the 63.

Four people did not know what I was talking about. Five in the 18-20 age group wanted their political representatives to explain how the country would benefit from membership of that body and what are the disadvantages if they refuse to join. Theirs were very encouraging responses — coming from high school and university students. There is a ray of hope for the future; these young adults left their sentiments in their knapsacks, and by their response justify the sacrifices their parents are making to give them a good education. The remaining responses made me shudder, and I hoped they were trying to make a fool out of me — voter apathy is building up like an avalanche waiting to demolish our democracy. Voter apathy was at the root of the disgust by the people I spoke with. Despite the fact that this is not a scientific survey, the last two elections had clear signals how voters are thinking. Since then things have got worse.

The JLP, it seems, has surrendered to the PNP — a party which has been in power for 21 of the last 25 years. The JLP, through its leader, is clamouring for a referendum to decide whether Jamaica should be a member of the CCJ. I did some research and flushed out the foregoing information: which the proponents for referendum might find quite instructive:

(1) No former colonies of Britain since Canada started the process in 1933, and which continued through to Dominica in 2014, has sought to utilise the route of a referendum to de-link from the Judicial Committee of the Privy Council and to have its own final court of appeal.

(2) A referendum is, in essence, a general election, with a political campaign being the axis on which it spins. No country within the Westminster system of government has wished that matters relating to its judicial system be subjected to political electioneering. We hope that never happens.

(3) In our constitutional arrangement and in the judgement of the judicial committee there is no requirement other than that of a two-thirds majority vote to be obtained in each house of parliament for Jamaica to subscribe to the appellate jurisdiction of the CCJ. Access to our courts, at whatever level, is one of fundamental rights we currently enjoy with the judicial committee as the final court of appeal. The Senate has that awesome power of vote which they are waiting to unleash.

(4) Can there be a referendum on an issue, a possible outcome of which it lies within our power to implement or enforce? If the people vote to remain with the Privy Council, the power to enforce that vote lies not in Kingston, but in Whitehall (Home of Privy Council).

Andrew Holness, you have a golden opportunity to expose your leadership to the country. Best of luck.

tonymiles1940@gmail.com