Politics is not a dirty word. Politics may be defined as activities concerned with the development of a nation. In a democracy, it is a cardinal principle of politics for the people to determine where to go for a final decision on justice.

Politics is used in a derogatory sense where such a far-reaching determination is suspect of being made in the interests of a transient authority entrusted with the power. This is the main area of contention for replacing the Privy Council by the Caribbean Court of Justice without the people having a say.

Similarly, the unresolved matter of “ditching the Queen for God’s sake” is one of political principle to determine where executive and legislative authority in government rests. Political protests against having the white Queen of England as head of State for Jamaica — usually by the better educated non-white middle class to the exclusion of a silent majority — are an indictment for Independence. The expressions of anger and frustration from retaining Her Majesty as the source of every executive act and the authority for every piece of legislation are damning to Jamaica’s Independence. So why put up with Her?

Detaching the emotional connection with The Queen will not improve the condition of those left behind in deprivation, free to starve. A pervasive problem of discontent will arise where the people with financial and social contrast between themselves are not consulted before decisions are made that determine their future. The present discontent in Jamaica is reflected in the way people behave towards each other — undisciplined conduct that is a major factor for completing Jamaica’s Independence.

In the urgent desire for recognition as an independent nation, many were left in the unattended fallout from slavery. The politics for the development of the new nation with unresolved discontent is an uphill challenge at Independence, hampered by severe economic constraints. This is what Jamaica’s petition for reparation seeks to address.

Little understanding and much misinformation greeted Jamaica’s petition for reparation. Contrary to what has been published in the media, Jamaica makes no demand on The Queen for money, where some people are already calculating how much they can get. The petition is a demand by the people of Jamaica on the British Government for compensation for the enslavement of their ancestors from Africa in which the Government was complicit — the forced unpaid labour on the plantations that made Britain rich and the physical and mental fallout from generations of chattel slavery.

A rhetorical question: Can any good come from keeping The Queen?

Barbados wears the pants in the region for ditching The Queen, we are told. There the Government is taking the people full speed into a republic — legally right — while Jamaica is limping along with a petition seeking redress for slavery with The Queen as head of State — politically correct.

Scholars of distinction tell us how Barbados, under English rule, legalised chattel slavery that spread over the region and into North America to dehumanise the people from Africa, making them an inferior race by the colour of their skin.

Barbados must also wear the pants in the region for this legal devastation of humanity — replacing it by a repulsive distortion of human beings in shackles.

For God’s sake, do not jump over that embarrassing history of brutality against black people to land empty-handed. For the people’s sake, it is better to run a flat race on The Queen’s track to get reparation for the horrible crime before leaving the track.

In making a demand for reparation the long-standing question has been where to find a court or some tribunal to which Jamaicans can go with their complaint and, importantly, a court where the British Government is accountable. The answer is the Judicial Committee of Her Majesty’s Privy Council (JCPC).

The JCPC is a court of judges, majority English, with Caribbean and others added from time to time. It was created by the Judicial Committee of the Privy Council Act 1833. This is the final court of appeal from the courts in Jamaica. Section 4 of the Act provides for matters that cannot go through the courts, Her Majesty may refer any matter Her Majesty thinks fit to the JCPC for advice. This is where Jamaicans will approach The Queen for a referral of their petition to the Privy Council for a decision on reparation.

This process will test Buckingham Palace for its commitment to fairness for black people over the world. It is also a test of the Privy Council’s much-touted judicial independence for the delivery of justice to the people of Jamaica. The petition raises high constitutional points involving the relationship between The Queen and Her Government, between The Queen and the civilian authority in the colonies that act in The Queen’s name and owe loyalty to Her, and the relationship between The Queen and the people in Jamaica who are entitled to Her protection as their head of State — putting all together as domestic remedy for the crime against humanity.

There is much at stake for the full freedom of Jamaicans that has already been paid for with the life and sacrifice of their ancestors. There is no way the country can move on without compensation for the loss of liberty in enslavement and the loss of life in the struggle for Independence.

There is no compelling reason for ditching the Queen and walking away from her jurisdiction without getting what Her Government owes the people of Jamaica. This is the politics of reparation.

Frank Phipps, QC, is a member of Jamaica’s National Council for Reparation. Send comments to the Jamaica Observer or frank.phipps@yahoo.com.