The trumpet sounds the celebration of passing grades; yet, those for whom the test was made still find their only repose on the concrete sidewalks of the city.

They go to bed with empty stomachs but full of worries for tomorrow’s worries. Every tomorrow takes them further into poverty until the time when poverty is no more, when hope is lost and insensibility takes over. So it is, economics undoing humanity – the creature dehumanising its creator. Only a grudging niggard would deny celebrations for this economic success.

Success is achievement of the ultimate goal, playing by the rules. By the rules of cricket, skill handling the ball leads to success but foul play by the rules of soccer. So it is for economics – fiscal discipline to realign the economy is success by the rules at Gordon House, remarkable achievement worthy of celebration, even when the achievement does not translate to success in the towns and rural districts- the ultimate goal where people live. The economic programmes that bring pain and degradation from the ever increasing poverty can only be trumpeted as success at Gordon House where parliament is the destination, with the people excluded. What is done there remains there as achievement so long as there is disconnect from the people who matter – let the celebrations continue. The cheers at Gordon House celebrating the Charter of Rights as parliament’s response to the people’s cry for justice is a classic example of that disconnect.

The CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS

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; and

(C) all persons are under a responsibility to respect and uphold the rights of others recognized 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.

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society-

(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and

(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights. [Emphasis added]

(3) The rights and freedoms referred to in subsection (2) are as follows-¬

(a) …

(s) – nineteen clauses of rights and freedoms.

Somewhere in the overabundance of legalese, the fundamental rights to life, liberty and the pursuit of happiness are securely hidden from those for whom they were made – that is how the rules at Gordon House operate.

The cry for justice will not be heard at Gordon House where the rules there do not impart, or require, an understanding of the fundamental rights for the man and woman in the street to claim for themselves- so it is with the economy. Balancing the books at parliament will not bring economic success with happiness for the people, even with the best performance under the existing rules- unconnected to the people. Existing rules carried over from colonial times operate for the benefit of the master to the detriment of the people.

Dysfunctionality in government reflects the constitutional arrangement where Jamaica is hidebound by Westminster in neo-colonialism; unwilling to break from the colonial system to put the right people, in the right place, to do the right thing to prevent a slide that needs drastic action to correct. Jamaica should no longer allow careless management of the nation’s affairs by ministers appointed from the elected House of Representatives, acting in self-propelling mode leading to corruption.

The fragmentary and sporadic efforts to accommodate necessary changes for good governance, create confusing and overlapping authority; the process is untidy, costly, and difficult for the people to accept, especially where the benefits are not obvious. We see this in the Charter of Rights, the proposed Caribbean Court of Justice and the actions taken for structural adjustment of the economy at different stages of national development since independence. What is needed is a total overhaul of the constitutional arrangement to disallow unskilled management of the nation’s affairs and to put the people’s interest first and foremost for them to see, understand and enjoy.

The inherited rules for fiscal rectitude were beneficial to the colonial masters but devastating for the people; using the same rules today produce the same results, even though the masters have changed.

30/01/16

FRANK PHIPPS Q. C.

Duke Street

KINGSTON, JA

Email: frank.phipps@yahoo.com