What makes a country independent? Is it a flag and coat of arms, is it a national anthem, or is it national heroes? Maybe it is national symbols and having a motto, or maybe it is full self-governance and not looking to others to tell you what to do and how to act.
Jamaica, on paper, has had all of that for 64 years, we are the oldest independent English-speaking Caribbean country — we beat Trinidad and Tobago by a few months — but every now and then we get people asking just how independent we are as a country, if we are truly independent or if it is just a hollow shell.
This question becomes even more pressing after looking at recent news items. For example, it was reported that Commonwealth nationals who wish to appeal to the Privy Council will no longer have to pay visa fees to stand before the Lords of law. Now, some people view this as a welcome move, making it easier for the least well off to theoretically utilize the court and not simply leaving it as the preserve of the wealthy and connected. Here we are, over 60 years as an independent nation and we still find ourselves bowing our knees and waiting on handouts to easily access justice.
That is madness, appealing to our former colonial masters, having our final appellate court being one which is nowhere near us and difficult to access does not spell good justice. Maintaining the privy council as our final appeal court when we have been told in no uncertain terms that we are not wanted makes a mockery of our so-called independence. We as a nation and region have produced world class lawyers and judges, people whose expertise and insight have been sought the world over. There is no reason why we should be maintaining the privy council as our last court. Real independence would mean having a local court as our final court or if we are so inclined utilize the Caribbean Court of Justice (CCJ) as our final court. We have options and it is disgraceful that we shun such moves and remain bound to the privy council.
Who interprets the law is, in the end, the most powerful party in any case. To have issues of national importance, things that may, in the end, lead to changes in laws by Parliament and definitely impact how local judges may interpret the laws — managed by a distant country unfamiliar with the local situation — is a disadvantage. Prime examples of this are the death penalty and the Vybz Kartel case. So long as we remain tied to the privy council we will never execute a convicted person — whatever your personal stance is on it — because the privy council has said a person can’t be executed for reasons they have decided, not us.
Whether we believe Vybz Kartel was guilty or not, it was not a local court that said the case should be quashed, it was essentially forced upon the Office of the Director of Public Prosecutions by people who had no real clue what was going on, only a vague theoretical understanding.
Independence also means taking tough decisions and living with the consequences of those decisions. As a country it means not being a mat which other countries walk on and standing up for yourself. True, as a small nation you have to pick your battles and not die on every hill, but certain things should not be up for debate and negotiation.
The third country national deal has stirred debate and is rightly being seen as the nation ceding bits and pieces of its independence. We are being cowards by signing this deal and it is in fact ceding our independence as we accept deportees and what have been described by the US Secretary of State as the worst of the worst, without any public consultation or knowledge. Had it not been for the leaking of the MOU between the US and Jamaica it is highly likely that the country would never have known of the deal until it was signed.
To make matters worse, and as if to show how little independence we have, the Government has stated that it won’t be making details of the deal public as it is a bilateral agreement and the US wants to keep it private. Other countries in the region, facing even more pressure than us due to their small size, have tabled the proposed agreement on TCNs between themselves and the US in Parliament thereby making it a public matter and open to public scrutiny. That is the mark of an independent nation, making tough decisions, making it public, and living with the consequences. We have done none of that and have instead fallen flat on our belly, allowing the US to trample over us and make a mockery of our independence.
Independence is not guaranteed, it can be lost either in battle or by simply giving it away bit by bit. What are we doing with our independence as we abandon friends such as Cuba and Venezuela and take part in the forced deportation of people? Are we cherishing it, are we making the tough decisions or are we taking the easy way out and the path of least resistance?
With the US having a president who has openly revived the Munroe doctrine and actively subverting the independence of nations in the region — both openly and subvertly — we find ourselves in a dangerous time. No one is saying take undue risks, no one is saying die on every hill, but the people are demanding that we act as an independent nation and deal with things ourselves without being bullied. Cowardice gets you nothing but more bullying, standing up may come with a cost but it shows where you stand and what you will not stand for.
