The call for reviewing Dominica’s Constitution – The context

On Thursday September 15th 2011 a “very powerful” message was delivered at the Harlem Plaza in Newtown. At one of the “peoples’ gathering” a former Prime Minister of Dominica issued what could otherwise be referred to as a clarion call for a grass roots type process to overhaul the Dominica constitution so as to reflect the dreams and aspirations of the Dominican people.

Those who heard that speech however could not doubt the very subjective, highly partisan, politically frustrated and emotionally charged nature of the messenger. The messenger was not speaking like someone with the conviction and gumption of a tried, tested and matured political philosophy. One could not discern the statesman like characteristic that must of necessity drive such important messages.

The former Prime Minister was expressing more frustration with the results of his most recent political strategy which is presently being played out in the High Court rather than a genuine desire to evoke positive change lead by collective action. Upon hearing the submission I arrived at certain conclusions which at the time were not informed by the views of Dominica’ first Prime Minister Patrick John on the matter. In his privileged position as Premier back in 1977/1978, Mr. Patrick John led the process for independence and would have played a significant role in the development of the document.

In its September 22nd 2011 issue the Chronicle published a terse response to that remark by Mr. Edison James. That response is credited to Mr. Patrick John. Essentially, Mr. John was saying to Mr. James that he ought not to assign his frustrations over his many failed efforts at unseating Mr. Skerrit on the constitution. He chided Mr. James for acting out of emotion rather than sheer conviction.

According to the Chronicle Patrick John reminded Mr. James that when he, Mr. Edison James was Prime Minister he commissioned a review exercise of the constitution with prominent Dominican jurist Telford Georges as Chairman.  In the Chronicle story, Mr. Patrick John is attributed to making the observation that the report of that review exercise should be placed before the house for discussion.

Was Mr. John telling Mr. James that he should stop his long absenteeism from the parliament? Here‘s a direct quote from the Chronicle. “He insisted that politicians should not criticize the constitution simply because whatever is in it is not to their benefit at the moment. If they keep changing the constitution because of something that is not to their benefit, then there is no need for a constitution”.

The public knows that Mr. Patrick John, Dominica’s first Prime Minister is an avid supporter of the UWP against the party he once led. His voice on political issues raised by the UWP carries a certain amount of currency within the rank and file of UWP supporters. Therefore, if what the Chronicle has ascribed to him is true, then save for the CIA backed and financed operatives on “Right on Cue”, the political forces that are arrayed against Mr. Skerrit are divided to their core and seemingly are crumbling one by one.

Historically, the view has been advance that important messages such as what Mr. James delivered at the Harlem Plaza on September 16th 2011 ought not to be lost on account of the messenger. Such messages we are told are far more important than the messenger who, often times, not in this case though, does not command any social status. I submit now that this viewpoint is not always correct and true. In this very instance, in the context of local political happenings, the posturings and machinations of the messenger and his past utterances have only served to subject the messenger to a rigorous scrutiny.

The constitution reform messenger was and still is in a position to effect real, objective, above reproach and lasting change to the politics of Dominica. But he must first rise to the highest ideals of statesmanship. Political and partisan only driven brinksmanship will not deliver the kind of constitution that is called for. We need a process that is devoid of and not driven by partisan considerations only. Certainly it has to be a process that will not marginalize any sector or group of the populace (UWP or Skerrit supporter). It must be a process that is all encompassing and untainted with calls for social unrest and a disruption to the body politic of Dominica. That is what is required in Dominica.

In this case in point the message is packaged out of sheer frustration within the UWP leadership and in its present quest (court case) to unseat a duly elected government. The messenger, Mr. James, killed the message before it could see daylight. I agree with PJ. We cannot rush to amend the constitution each time we are faced with a crisis or disappointment.

Now I understand why the UWP and their present brand of sympathizers have found Mr. Skerrit guilty of crimes they allege he has committed. In their desire to change the constitution, are they asking for certain provisions that goes something like this? (see below).

Schedule LVXXX – Trying Roosevelt Skerrit and His Supporters.

Section 1001. “Any time certain so-called journalists go on radio and say that Roosevelt Skerrit, Isidore, Ambrose George, Bubbles and others etc are suspected of committing a crime, even without any supporting evidence then they are guilty. A mere suspicion of committing a crime and making the accusations on the airwaves of a certain radio station shall be sufficient for a guilty verdict against Skerrit and his supporters”.   Such suspicions include, ownership of villas, purchasing of garbage bins at ridiculous prices, manipulation of contracts processes, bombing Follow’s House, Friendship with Susan Oldie, securing campaign finances, appointing friends to positions of authority in the Public Service etc.

Section 1001. “Any accusation against Roosevelt Skerrit including his supporters shall not go to the established court of the land to be tried by judge and jury once it has been broadcast on a certain radio station. Once the accusation is aired on a Saturday or Sunday afternoon the punishment shall be swift and effective”.

Section 1002. Any time that the opposition raise issue with any or all of the state’s institutions as not supporting their cause, then the functionaries at these institutions, once they were appointed by the Skerrit Cabal shall demit office immediately and make way for opposition appointed individuals.

Section 1003. As long as Roosevelt Skerrit hold on to the position of Prime Minister then all his rights to be defend himself shall be suspended and he shall be tried by the people on a certain station with a certain journalist as justice on the bench.

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18 Comments

  1. ZAPATOS
    October 8, 2011

    :)
    WHERE WERE THE CONSTITION CRITICS WHEN P J ,AUSTIN .VIC AND OTHERS WERE OVERTHROWN AND PUT IN JAIL NO NAME NO WARRANT,THEN PJ WAS AGAIN JAILED FOR ANALLEGATION OF PLANNING TO OVERTHROW THE GOVT.NOW UWP GREEN CONTESTED ELECTIONS AS AS A CITIZEN NOW CLAIM TAKES OUR PM TO COURT WITH NO REGARD FOR ‘SELF INCREMINATION’ OR ‘INOCENT UNTILL PROVEN GUILTY ‘

  2. Christian Volney
    October 7, 2011

    Constitutional redress is critical in the preservation of our fragile democracy.
    I have advocated this reality as being the true fight for change and advancement in Dominica.
    Until as such we recognize the importance of its redress with meaningful change, the political quo will remain.

    Why is it politicians come and go, yet we are subjected to the same implied malfeasance?

    Patrick John initiated the first step with independence and self governance; we have failed in not redressing the constitutional provisions that continue to impede progress and perpetuate unethical and questionable behavior. Our constitution has not evolved to correct these perceived wrong doings. This lack of recognition perpetuates all that is wrong with governance.
    I am tired of attacking politicians and replacing them with alternatives that become subjective and subservient to an ailing system that perpetuates everything we detest!

    My humble opinion

  3. October 7, 2011

    If this is the Franko I’m thinking of, located just south of Roseau, then those of us who know you, know exactly why you write these kind of political spew. First of all the fact that Patrick John can openly speak out and take issue with the statement made by one of the leaders of the UWP Eddison James, the party you claims he supports, shows that Patrick John has the testicular fortitude to speak out openly in opposition to those he support, with no fear or favour and still continue to support knowing that no grudges will be held against him, unlike those of you who see Skerrit doing wrong and are afraid to speak out because you fear pappa Skerrit will stop feeding you.

  4. Balanced
    October 7, 2011

    Baring the politics this is an intelligent piece, I do not know who you are writer, but some have speculated, but if they are right then I know that the SMA did indeed produce and is still producing intelligent men. Good commentary

  5. INTERPOL
    October 7, 2011

    BULS*****!!!!!!!!!!!!!piece of writing

  6. Wait A Minute
    October 7, 2011

    Excellent commentry Franko.

  7. Marcel
    October 7, 2011

    That sounding like The Broomstick writing that to me. Why don’t you just come out of the closet Sir? No need to hide your name. We know who you are. We found out from NJIC.

    • Wait A Minute
      October 7, 2011

      is that a threat Marcel? So now do you see why people are very apprehensve of letting the likes of you and the people you support back into office?

    • Roseau Boy
      October 7, 2011

      Marcel, the writer knows too well the capabilities of the UWP to terrorize its critics. There are many, many examples of UWP managed terror between 1995-2000. Your veiled attempt at scare mongering is only to reaffirm what you, your party and your likes wish they could do if for heaven’s sake God would allow you back in office. Don’t we have freedom of speech in Dominica? I thought it was Mr. Skerrit who was the dictator and who was/is intolerant of a different perspective on development issues

  8. Jbfox
    October 7, 2011

    Well done,and well said u can’t change the rules of so a game in the middle of the game.Why should a countrys’ constitution be change simply because one group of people feels it’s not favorable towards them.

  9. Nac Vibes
    October 7, 2011

    And the point is?

  10. 1979 LIVES!!!
    October 7, 2011

    This is crucial, but I lack the faith in the integrity of our leaders. They might just ammend it to suit themselves.

  11. ineedfree
    October 7, 2011

    DNO;

    Take the bull by the horn….

    We suggest you create a constitution corner like the health and problem, maybe spearheaded by a lawyer like Bella and the doctor. Make this a cyber community approach where ideas can filter through from us to them who can take the people’s input for an authentic package of review.

    Thank you Admin.

  12. Facts
    October 7, 2011

    I have to repeat: We have had TWO constitutional reviews of the Dominica Constitution. INCLUDING ONE DIRECTED BY MR. JAMES WHEN HE WAS PRIME MINISTER! And the respective governments of the day, DFP and UWP did nothing about the recommendations.

    Let me hand over to the President of the Commonwealth of Dominica, Dr. Liverpool, when he addressed the House of Assembly on Thursday 10 July 2008 on the topic “Constitutional Change and Advancement”. He stated:

    “Since Dominica attained independence in 1978 two commissions have been appointed to review the Constitution. The first presented a report dated August 10, 1983 but no action was taken on the several recommendations which it made. In 1997 a second Review Commission (the Telford Georges Commission) was appointed. It reported in February 1999 and made extensive recommendations for reform. No action has been taken on any of its recommendations.”

    We just seem to forget things in our national past so easily. And if we are going to do a third revision and consider changing anything lets look into that dual citizenship clause re nomination for elections. It is out of date thirty years on, when so many thousands of Dominicans have dual citizenship.

  13. WIKILEAKS
    October 7, 2011

    Excellent piece Mr Franko. One should not change the constitution on the whims and fancies of Edison James and Q95 and uwp supporters.

    The Constitution needs an amendment to suit our present Dominica and not politics. We need a break from colonial past and a clear course forward.

  14. Gerald La Touche JP
    October 7, 2011

    For the love of country, I am looking forward to a constructive debate on constitutional reform in the Commonwealth of Dominica without mention of Labour, UWP, Freedom or any other political party – just the Commonwealth of Dominica, Dominicans i.e. citizens and the Constitution. I am looking forward to engaging in such a debate!

    • Hit the floor
      October 7, 2011

      Ditto, my friend.

    • ZAPATOS
      October 8, 2011

      :)
      THE ONLY CHANGE THAT WE NEED IS FOR ONLY PEOPLE WHO ARE BORN IN DOMINICA ARE ENTITLED
      TO CONTEST ELECTION DUAL CITIZENSHIP SHOULD NOT MATTER.THE VOTE OF THE ELECTORATE WILL BE THE DECIDING FACTOT

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