Sunday, April 7, 2013

Old Casked Rum: The Emperor's New Tools#1 - Towards Constitutional Reform in T&T

So we've had the rounds of consultations on Constitutional Reform? 
Are we any wiser?
 Do we have a sense of direction that will drive transformation of the governance of T&T? 
Do we have a vision for a better framework of governance: made of the people of T&; for the people of T&T; and by the people of T&T? 
Or are we merely repackaging old casked mercantilist rum in new bottles as we try to forcefit ourselves in one of two already tottering models of governance - the British Westminster system and the US Presidential model. 
Time to rethink our approach for what works best for us. 
 To begin this probe, let's flash back to an article written in the lead up to the 2010 elections: Have any of these found resolution in the recent rounds of constitutional reform talks; or have they been just that: talk? More in the introduction to Through the Political Glass Ceiling available on Amazon Kindle and local bookshops: 

Constitutional Crisis of Leadership
Various analyses tell us that the leadership blunders of the past few decades point to the Trinidad and Tobago's Constitution as the culprit, and there is an indisputable need for constitution reform, given evident flaws in T&T Constitutions past and present.
Both the 1961 (Independence) Constitution and the 1976 (Republic) Constitution were clearly already obsolete from their inception, with their unworkable British import of the first-past-the-post/winner-take-all model and evident failure, as they disenfranchise large numbers of voters, as occurred in the 1981, 2001, 2002 and 2007 general elections.
The alternative, proportional representation, which offers each party numbers of seats in Parliament, according to the proportion of votes they command, has received some attention, but, like first-past-the-post, it upholds a party-based system that gives politicians divine status, and places them at the centre of decision-making, which we have seen, with demands for a bottoms-up approach, itself cannot hold.
 The Wooding (1971) and Hyatali (1974) Commissions, set up to explore constitutional reform, proposed another, a mixed system drawing from first-past-the-post and proportional representative models. This has been rejected by the PNM’s Williams and Manning, though all—PNM and the commissions—premised their arguments on our diversity which they defined largely as ethnic diversity.
 Manning put forward, in 2006, a “working document” on constitutional reform, drawn up primarily by a one-man commission (former President Ellis Clarke), and after-the-fact staged some public “consultations”—an approach interpreted as paying lip service to public opinion. Executive president? His draft provided for an executive president, as in the USA, which would give even more executive powers to an already maximum leader of the first-past-the-post system, without correcting (but rather further emasculating) those instruments and institutions that provide checks and balances on such “Massa” power.
These include the judiciary and the legislature, and others as the Ombudsman, the Director of Public Prosecution, the Commissioner of Police, the magistracy, Commissions for Integrity, Judicial and Legal Services, Police Service, Public Service, Teaching Service. etc.
 It also proposes to restrict the principle of freedom of expression (the media) by altering the Bill of Rights. Another constitution, drafted by the self-assigned 2006 Fairness Committee of four, leaned on a further amalgamation—of the Manning model (though produced before Manning’s) supporting an executive president, along with a mixed system of proportional representation and first-past-the-post, as recommended by the Wooding and Hyatali Commissions.
 One challenge after the other to the constitution has surfaced, since the NAR, to show that the constitution is not just dog-eared, but coming apart at the seams and irrelevant in a rapidly-changing world:
 1. The PNM’s challenge of Winston “Gypsy” Peters’ dual citizenship;
2. The 2002 18-18 deadlocked elections which were not catered for in the constitution;
3. Other challenges, mainly related to cockfighting, by Panday and Robinson—appointments through the Senate of people who had been defeated in the polls;
 4. The chicken-and-egg crisis precipitated by the Standing Order for electing a Speaker before convening the House, when neither party wanted to propose a Speaker.
The constitution of Trinidad and Tobago, as it is, has outlived its usefulness.
To justify his quest for an executive president/US-styled governance system, (Then) PNM leader Patrick Manning has sought to justify his high-handed approach to decision-making with arguments that the extremely diverse nature of the society and their many competing interests made it difficult to govern, and needed “strong” leadership. But at the risk of sounding like a prophetess, the diversity of T&T is, indeed, its primary character, and anyone who cannot manage our diversity is doomed to failure!
Anyone who wants to govern effectively must unite the diversity, rather than seek ever more exclusive power to overrule it; (the consequences of ignoring the public over an extended period have been graphically illustrated by the events of recent weeks).
The constitution—and the Westminster-styled parliamentary system it establishes cannot accommodate that diversity.
The PNM—undeniably the most experienced party in T&T—argue that neither could proportional representation. Both, it seems, are partly in the right; but wholly wrong.

  Leadership crisis—single party or coalition 






 The search for the ideal model has been around the debate of whether the single party or coalition government is the better model. Both have been tried and tested and found wanting. As analyst Dr Bishnu Ragoonath observed, the three occasions when our governments prematurely collapsed have been as single-party governments—Panday’s in 2001 and Manning’s in 1995, and 2010. Majority rule by a maximum leader, with powers equivalent to the divine right of kings, in a single party is losing sway on a population becoming more astute and unwilling to continue as blind, unquestioning, sheep-like followers. 
Governance by any one majority ethnic group has become unsavoury to growing and more vociferous elements, demanding recognition of our cultural and other diversity, denied in Williams “No Mother India, no Mother Africa” maxim which seemed not to grasp the complexity of the identity issue. 
Nor have coalitions worked either; not two examples, the alliance governments of 1986 and 1991—both of which evolved out of forces opposing the PNM and including Panday’s UNC, Robinson’s Democratic Action Congress, Karl Hudson-Phillips’ Organisation for National Reconstruction, Lloyd Best’s Tapia and various others. 

They failed because...
They failed, not because the structure of the coalitions was tested, nor because of challenges of managing our complex diversity—they never got a chance. They failed because—as with the maximum leader mode of single-party politics—managing the diverse egos of a man-rat-driven political culture, continuously tested the constitution and the governance model, promoting the eminence of constitutional lawyers and legal Messiahs. They failed because of unenlightened or misguided leadership that failed to respect the needs and wishes of its people.



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It is placing increasing pressure for erasure of barriers of geography, age, ethnicity, gender, cultures and other sectoral interests, and in utilising the tools placed at our disposal to access our accumulate knowledge and technologies towards eroding these superficial barriers. In this context, we believe that the work of UNESCO remains significant and relevant and that UNESCO is indeed the institution best positioned to consolidate the ..... The Emperor's New Tools ...
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Kris Rampersad joins UNESCO group

Kris Rampersad joins UNESCO group Story Created: Apr 5, 2013 at 10:35 PM ECT Story Updated: Apr 5, 2013 at 10:40 PM ECT Trinidadian author and educator Dr Kris Rampersad is one of six international experts who will serve on the consultative body of the international InterGovernmental Committee on safeguarding intangible cultural heritage of the United Nations Educational, Scientific and Cultural Organisation (UNESCO). The decision to appoint the experts was made at last December’s meeting of the InterGovernmental Committee in France and Rampersad was elected as Vice-Chair during the committee’s first meeting this week. As a member of this organ, she will participate in scrutinising applications to the UNESCO’s Register of Best Safeguarding Practices, the Urgent Safeguarding List and requests for international assistance in relation to Intangible Cultural Heritage. Rampersad is a UNESCO-trained expert towards helping communities strengthen mechanisms to safeguard their cultural heritage. She has been conducting capacity building exercises in this regard across the Caribbean, including in countries such as Belize, Jamaica, Guyana, St Kitts and Nevis, Trinidad and Tobago and Grenada. Rampersad has been examining and critiquing national and international policy instruments, including UNESCO mechanisms, and devising mechanisms and recommendations for culture-centred development for more than a decade. Rampersad, who is also the Chair of the Trinidad and Tobago National Commission for UNESCO, recently published LiTTscapes–Landscapes of Fiction from Trinidad and Tobago. —CMC http://www.trinidadexpress.com/news/Kris-Rampersad-joins-UNESCO-group-201720511.html T&T Author Dr Kris Rampersad on UNESCO international culture body By Caribbeanemag on April 5, 2013 | From caribbeanemagazine.com http://www.zimbio.com/Caribbean+Entertainment+News/articles/JuevBlOChHK/T+T+Author+Dr+Kris+Rampersad+UNESCO+international Author and educator, Dr Kris Rampersad has been invited to serve on the consultative body of the international InterGovernmental Committee on safeguarding intangible cultural heritage of the United Nations Education, Science and Cultural Organisation. Rampersad was also elected to serve as Vice-Chair of the consultative body during its first meeting held in Paris this week She is one of six international experts who will serve on the committee in their individual professional capacity, following the decision which was taken at last December’s meeting of the InterGovernmental Committee in Paris, France. As a consultative member, she will participate in scrutinising applications to the UNESCO’s Register of Best Safeguarding Practices, the Urgent Safeguarding List and requests for international assistance in relation to Intangible Cultural Heritage. Dr Rampersad - an independent media, cultural and literary consultant and facilitator - is a UNESCO-trained expert towards safeguarding cultural heritage and strengthening community and national tangible and intangible culture mechanisms. She has been conducting capacity building exercises in this regard across the Caribbean, including in countries as Belize, Jamaica, Guyana, St Kitts & Nevis, Trinidad and Tobago and Grenada. She has also prepared and trained Caribbean youths, policy makers, decision makers and cultural communities in accessing the provisions of the Conventions towards strengthening mechanism for cultural survival and endurance. She further participated in the intergovernmental meeting on intangible cultural heritage in Bali, Indonesia in December, 2011. Rampersad has been examining and critiquing national and international policy instruments, including UNESCO mechanisms, and devising mechanisms and recommendations for culture-centred development for more than a decade. She has also been engaged by various international and regional agencies to present her perspective and coordinate multisectoral examination of development issues, bringing together policy and decision-makers, academics, private sector, media and civil society on a range of fields including science, technology, communications, agriculture, gender among others. A journalist, and newspaper editor, her research and recommendations are represented in UNESCO publications as well as the Commonwealth Foundation’s Putting Culture First Report; the culture reports of the ACP-EU (Africa, Pacific, Caribbean-European Union), and the International Who’s Who in Culture Policy Research among others. She is the author of the highly acclaimed LiTTscapes – Landscapes of Fiction from Trinidad and Tobago; Through the Political Glass Ceiling, and Finding a Place along with numerous print and new media journals and fora on culture, gender, literature, media and development. Rampersad is the Chair of the Trinidad and Tobago National Commission for UNESCO. Friday, April 5, 2013 T&T AUTHOR DR KRIS RAMPERSAD ON UNESCO INTERNATIONAL CULTURE BODY 9:50 AM Caribbean E-Magazine No comments Author and educator, Dr Kris Rampersad has been invited to serve on the consultative body of the international InterGovernmental Committee on safeguarding intangible cultural heritage of the United Nations Education, Science and Cultural Organisation. Rampersad was also elected to serve as Vice-Chair of the consultative body during its first meeting held in Paris this week She is one of six international experts who will serve on the committee in their individual professional capacity, following the decision which was taken at last December’s meeting of the InterGovernmental Committee in Paris, France. As a consultative member, she will participate in scrutinising applications to the UNESCO’s Register of Best Safeguarding Practices, the Urgent Safeguarding List and requests for international assistance in relation to Intangible Cultural Heritage. Dr Rampersad - an independent media, cultural and literary consultant and facilitator - is a UNESCO-trained expert towards safeguarding cultural heritage and strengthening community and national tangible and intangible culture mechanisms. She has been conducting capacity building exercises in this regard across the Caribbean, including in countries as Belize, Jamaica, Guyana, St Kitts & Nevis, Trinidad and Tobago and Grenada. She has also prepared and trained Caribbean youths, policy makers, decision makers and cultural communities in accessing the provisions of the Conventions towards strengthening mechanism for cultural survival and endurance. She further participated in the intergovernmental meeting on intangible cultural heritage in Bali, Indonesia in December, 2011. Rampersad has been examining and critiquing national and international policy instruments, including UNESCO mechanisms, and devising mechanisms and recommendations for culture-centred development for more than a decade. She has also been engaged by various international and regional agencies to present her perspective and coordinate multisectoral examination of development issues, bringing together policy and decision-makers, academics, private sector, media and civil society on a range of fields including science, technology, communications, agriculture, gender among others. A journalist, and newspaper editor, her research and recommendations are represented in UNESCO publications as well as the Commonwealth Foundation’s Putting Culture First Report; the culture reports of the ACP-EU (Africa, Pacific, Caribbean-European Union), and the International Who’s Who in Culture Policy Research among others. She is the author of the highly acclaimed LiTTscapes – Landscapes of Fiction from Trinidad and Tobago; Through the Political Glass Ceiling, and Finding a Place along with numerous print and new media journals and fora on culture, gender, literature, media and development. Rampersad is the Chair of the Trinidad and Tobago National Commission for UNESCO. http://www.caribbeanemagazine.com/2013/04/t-author-dr-kris-rampersad-on-unesco.html Trinidadian Named To UNESCO Group Published: Friday April 5, 2013 | 4:05 pm0 Comments PORT OF SPAIN, Trinidad, CMC – Trinidadian author and educator, Dr Kris Rampersad is one of six international experts who will serve on the consultative body of the international Intern Governmental Committee on safeguarding intangible cultural heritage of the United Nations Education, Science and Cultural Organization (UNESCO). The decision to appoint the experts was made at last December’s meeting of the InterGovernmental Committee in France and Rampersad was elected as Vice-Chair during the committee’s first meeting this week. As a member of this organ, she will participate in scrutinising applications to the UNESCO’s Register of Best Safeguarding Practices, the Urgent Safeguarding List and requests for international assistance in relation to Intangible Cultural Heritage. Rampersad is a UNESCO-trained expert towards helping communities strengthen mechanisms to safeguard their cultural heritage. She has been conducting capacity building exercises in this regard across the Caribbean, including in countries as Belize, Jamaica, Guyana, St Kitts and Nevis, Trinidad and Tobago and Grenada. Rampersad has been examining and critiquing national and international policy instruments, including UNESCO mechanisms, and devising mechanisms and recommendations for culture-centred development for more than a decade. Rampersad, who is also the Chair of the Trinidad and Tobago National Commission for UNESCO, has recently published “LiTTscapes – Landscapes of Fiction from Trinidad and Tobago”. http://jamaica-gleaner.com/extra/article.php?id=2297

Media Complaints Council still in business

Media Complaints Council still in business Published: Wednesday, March 27, 2013 Yvonne Baboolal http://guardian.co.tt/news/2013-03-27/media-complaints-council%E2%80%88still-business Text Size: The Media Complaints Council (MCC), formed 16 years ago, had almost died, but was resurrected a few months ago. The passing of an important person on the council contributed to the temporary demise of the MCC the T&T Guardian was told. Also, the MCC had been working on a broadcasters’ code, still in the draft stages. Asked if the MCC has been resurrected, Kiran Maharaj, president of the T&T Publishers and Broadcasters Association (TTPBA), said: “A few months now.” She added, however, it was never really out of the loop. The MCC came into being in 1997 after the TTPBA, now comprising five television stations and 22 radio stations, saw the need for a code of ethics to regulate the media industry. Its chairman, attorney Patricia Dindial, said over the last two weeks more complaints than before have been made against the media to the MCC. Complainants can call or write. A Web site is in the making and is almost finished. The MCC is working on four cases right now, two against the print media and two against radio stations, Dindial said yesterday. Sport Minister Anil Roberts was not one of the complainants, she said. Roberts has complained about an article in the T&T Guardian which he said was untrue, and threatened legal action. The TTPBA, in a recent media release, stating it recognised the issue at hand, said there were other avenues available to the public in treating with inaccuracy in reporting. One of those avenues is the MCC, the TTPBA said. Dindial said complaints of “inappropriate language” had been made against the radio stations. Trying to figure out what was causing the increase in complaints, she surmised: “Maybe media houses are getting bolder.” And they were getting bolder because Trinis, being what they were, were reluctant to complain, she said. “We have to make it easier for people to complain. That’s why the MCC is using telephone lines,” Dindial said. The current members of the MCC are Patricia Dindial (chairman), Robert Henry (vice chairman), Haran Ramkaransingh (secretary), Dr Kris Rampersad, Joel Nanton and Bro Harrypersad Maharaj. The MCC can be reached at 794-7416. What the Media Complaints Council does The MCC’s mission statement is: “to help maintain public trust and confidence in the news media by promoting fairness, courtesy and balance and by creating a forum where the public and the news media can engage each other in examining standards of journalistic fairness.” It also provides an opportunity to hold the media accountable without going to court. The MCC was established in 1997 after the government produced a green paper on the media. In 2004, the TTPBA and the Media Association (MATT) came up with an industry code of ethics which states a journalist must ensure the credibility of a story as far as possible. The MCC is charged with enforcing this code. It cannot impose fines.

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