Some among us bluntly maintain that Jamaica is not an independent State. According to international benchmarks which set out the requirements for an independent State, they are wrong.

A bit of history is necessary here to enlighten the darkness of those who erroneously posit that Jamaica is not independent.

In February 1962 a new Constitution was approved by the local Legislature. Norman Manley, a fervent adherent to national democratic decision-making, was then the Premier. Manley called a general election. Alexander Bustamante was elected on April 10, 1962 and became the first prime minister of Jamaica. The Jamaica Labour Party (JLP) won 26 seats and the People’s National Party (PNP) grabbed 19 in the then 45-seat House of Representatives.

On August 6, 1962 Jamaica became an independent nation and a member of the British Commonwealth. Prior to national Independence Jamaica had a Legislative Council and then a Council of Ministers, but in either case a governor — an appointee of England — was atop the local political totem pole with ultimate decision-making power.

Critical benchmarks

Independence is not a guess or spell business, as we say in local parlance. An insightful article titled ‘How do you start a country?’, which compiled opinions of legal experts, noted the following four specific international benchmarks which a country needs to satisfy in order to be classified as independent: “There must be a people, Government, a territory, and the ability to conduct relations with other states on a sovereign basis.” (British Broadcasting Corporation [BBC], August 5, 2017)

A people and territory

The mentioned article noted the following: “The definition of a people is much disputed, but some might argue that it means a permanent population with a concept of and belief in their own nationality.

As James Irving, who teaches international law at the London School of Economics (LSE), puts it: “Are there… ties, effective ties, ties of belonging, of identity, of feeling…

“And also, ties relating to those of practical shared interest. Another essential is that states should have a defined territory, an area within borders, in which it is sovereign.”

I doubt it can be successfully proved that Jamaicans do not meet the international definition for “a people” or that we do not have territorial boundaries which are recognised by international law. With those requirements met, I suspect some will argue that Jamaica is not self-governing. They are wrong!

Self-government

Self-government is a critical benchmark of an independent state. What is self-government? Simply, this means a Government has control of its own affairs. Prior to Independence Jamaica’s affairs were controlled by an external power. Jamaica becoming an independent nation in 1962 meant that Britain, no longer controlled the affairs of the country. These were now the responsibility of the newly elected Prime Minister Alexander Bustamante and his Cabinet.

Independence in 1962 also meant that Jamaica had to start and/or quickly complete the development of many crucial institutions. For example, we fashioned a constitution, an army, Jamaican passports, and currency. We got own money in 1969, following the switch to a decimal system a year before.

As an independent nation, Jamaica assigns ambassadors overseas. They can sign treaties on behalf of Jamaica and become members of various international organisations. This is important as it gives Jamaica equal rights on various issues relating to international trade, policies and treaties.

International recognition

Jamaica’s black, green and gold — not yellow — flag was unfurled at the United Nations Headquarters in New York on September 21, 1962. File photos show Sir Alexander Bustamante, the then prime minister, bubbling with joy at the event.

Why is recognition by the UN important?

Here is a summary of answers provided by international legal experts who spoke with the BBC in the mentioned article: “Individual countries can recognise each other, but the big prize is recognition as a state by the United Nations.

The benefits are legion: The protection of international law; access to loans from the World Bank and the International Monetary Fund (IMF); control over borders and greater access to economic networks; and mechanisms. Plus the protection afforded by trade laws, making it easier to create trade agreements.” (BBC, August 5, 2017)

Jamaica is known for punching above her weight. Her contribution at the UN has reinforced that trait.

Consider this: “Since then, despite limitations of size and resources, Jamaica has played an outstanding role in the United Nations’ system, helping to focus international attention on such significant matters as human rights, decolonisation, economic cooperation and indebtedness, and women’s issues. Jamaica has served on the United Nations Security Council (1979-1980) and on the Economic and Social Council on a number of occasions. Its representatives have frequently been elected to the Governing Council of several specialised agencies and other bodies in the United Nations organisation. Jamaican nationals have also served with distinction in various capacities within the Secretariat of the United Nations.” (Permanent Mission of Jamaica to the United Nations)

But it would be remiss of me not to single out this important historical fact. The Permanent Mission of Jamaica to the United Nations notes that Jamaica was the first country to declare a trade embargo against South Africa — as early as 1957, even while the island was still a colony of Britain and thus without responsibility for its external relations. Jamaica consistently and unequivocally opposed apartheid and supported all United Nations’ decisions aimed at its elimination.

Jamaica continues to be a leader in international affairs. She is proudly carrying on the baton of internationally respected trailblazers at the UN like then Senator Hugh Shearer, who proposed that 1968 be designated the International Year for Human Rights to mark the twentieth anniversary of the Universal Declaration of Human Rights. Dr Kenneth Rattray, now deceased, then solicitor general, gave yeoman service specifically in relation to legal expertise which facilitated the United Nations Convention on the Law of the Sea which was signed by 119 countries in Montego Bay in December of 1982.

There are many other notables.

Stable Government

An independent State must meet the benchmark of a stable government, according to many international legal experts.

We came close to State instability in the 1970s and in the run-up to the October 30, 1980 General Election. I don’t think this can be successfully disputed. Thankfully, the leaders of the two main political parties, Edward Seaga of the Jamaica Labour Party (JLP) and Michael Manley of the People’s National Party (PNP) came to their senses and we did not dismantle the guardrails of democratic stability.

Our election mechanisms were in shambles 40 years ago. Today our electoral system is greatly admired by countries around the world.

Jamaica is especially indebted to patriots like the late Professor Gladstone E Mills, former professor of government at The University of the West Indies. He was the first chairman of the Electoral Advisory Committee (EAC). He died in September 2004. Professor Errol Miller, a former chairman of the Electoral Commission of Jamaica (ECJ), is an outstanding Jamaican who deserves kudos for his selfless sacrifices. So too many other remarkable Jamaicans who made a lot of personal and other sacrifices to ensure we have an internationally respected electoral system today. Our current electoral system is the result of great maturity and the implementation of diligent reforms designed to protect our democracy.

On the matter of democracy, Jamaica is respected internationally for her very strong democratic practices. Prime Minister Andrew Holness, in his 2022 Emancipation Day Message noted, among other things: “Jamaica is among the oldest democracies in the world and is the first black democratic nation. We have a free press and a highly participatory civil society. We have a strong Government, rank highly on many development indices, and continue to be a respected voice in international affairs and a sought-after brand.”

The positive global impact of our culture, in particular our music from ska to reggae, cannot be disputed. The superb creative work of musical geniuses like Bob Marley, Peter Tosh, Dennis Brown, Toots Hibbert, and many other artistes have cemented our place in the global cultural arena.

Connected to culture is the country’s development in track athletics. Jamaica is an international powerhouse in the sprints. Usain Bolt, Veronica Campbell Brown, Shelly-Ann Fraser-Pryce, Merlene Ottey, Asafa Powell, Elaine Thompson-Herah are global brands.

Jamaica has satisfied all the international benchmark in order to be classified as independent. We are an independent country. That is a fact.

Major failures

The objective fact that we are an independent country, has not blinded me to the realities of the arguments which those who maintain that we are not often proffer.

I do recognise that in several areas Jamaica has squandered many opportunities which Independence presented. That does not negate the reality of our independence.

We started well as regard economic growth in the 1960s, but that was nearly totally derailed in the 1970s by Michael Manley’s brand of democratic socialism.

I have written several articles on how politics was allowed to trump economics in the 1970s and 90s and how were are still paying for the monumental errors of those periods.

We were brought to the brink of economic disaster. We were nearly sucked in a giant economic black hole before our leaders recognised that Jamaica had become so indebted she could not even ‘stop a stale bread cart’, as we say in the rural parts.

Jamaica, was the butt of jokes in the region and internationally. We were written off as a basket case — a pariah economy that was nearly irredeemable. I remember some of the severely negative stories that were written about the state of Jamaica’s economy in leading international publications.

The recovery process was started by former Prime Minister Bruce Golding with Audley Shaw as finance minister. It continued with former Prime Minister Portia Simpson Miller with Dr Peter Phillips minister of the national purse. Dr Peter Phillips recounted several severely embarrassing instances when he and his team had to bite their lips, as we say in local parlance, while Jamaica negotiated desperately needed balance of payment support for our economy.

Today, notwithstanding the ravages of the novel coronavirus pandemic and biting global hardships precipitated by the unprovoked invasion of the Ukraine by Russia, Jamaica does not need to stretch out a begging bowl. Dr Nigel Clarke, the minister of finance and the public service, continues to protect and has immensely improved upon the economic recovery work started by Shaw and Dr Phillips.

I agree that our political leaders have squandered far too many opportunities to set the country on a sustained path of economic growth and development. That does not, however, cancel the fact that we are an independent country.

Crime, and in particular murders, continues to be the Achilles heel of every political administration since the 1970s. In 1962 Jamaica had one of the lowest murder rates in the world;, 60 years later we have one of the highest. A few weeks ago, Deputy Commissioner of Police Fitz Bailey pointed out that, since 1962, more Jamaicans have been murdered that can hold in the National Stadium. The stadium has a capacity of 35,000. That reality does not, however, cancel the fact that we are an independent country.

The social decline, in many instances very closely related to the crime wave which is choking us today, started metastasising 45 years ago. Last Sunday, at the funeral service for Kemesha Wright and her four children who had been savagely murdered by a family member at their home six weeks ago, Prime Minister Andrew Holness made the crucial point that we, as a society, have to recognise that we have a violence problem on the scale of an endemic disease.

Said Holness: “Violence was used on us in slavery. It infected us to the point where, after slavery, we did not engage in any process of coming to grips with this violence, and so it passed on from generation to generation, until now it is so ingrained in how we think that if a man steps on your toe your first reaction is going to be violence. We use violence in how we bring up our children. We have a problem, it is a cultural problem. We respond with violence without thinking…”

It is time to halt the slide in a sustained manner. We don’t have another 60 years to do it.

Garfield Higgins is an educator, journalist and a senior advisor to the minister of education & youth. Send comments to the Jamaica Observer or higgins160@yahoo.com.