JLP vs PNP- This “little” issue of a referendum

A referendum was held in Jamaica  on 19 September 1961. Voters were asked "Should Jamaica remain in the Federation of the West Indies?" The result was 54.1% voting "no", resulting in the country leaving the federation and its dissolution in 1962. Voter turnout was 61.5%.

Let us place this discussion in context. Back in 1961, Bustamante opposed Federation as it appeared that T&T had too much leverage and Jamaica would be better off becoming Independent. Well we all know the result, that is why we became independent in 1962, even though Jamaica's first elections was held on December 12, 1944.  Federation failed then as the Caribbean nations were not on the same page, however Regional Integration is not to be dismissed because of the state of affairs then, which does not necessarily exist now. Fast-forward 54 years and our Opposition Leader is boasting that he is  “a Nationalist….who does not come from the school of those who chase after a fleeting and elusive dream called Integration.”

How bad really is integration, whether it be purely economic? The European Union, The North American Free Trade Agreement, Association of SouthEast Asian Nations, The North American Free Trade Agreement, Union of South American Nations are some examples currently in place.

We are too small to survive on our own and collaboration with like-minded states in the same geographical vicinity has the potential to strengthen our economic voice and position in the free world. Opportunities exist not only in the English-Speaking Caribbean but in our neighbouring Spanish, French and Dutch counterparts, whose market we are unable to penetrate thus contributing to the limiting of our growth and reach.

But I digress, so focusing  on the bone of contention currently is the Caribbean Court of Justice vs Privy Council as our final Court of Appeal, there is a lot of hulla-balloo whether a Referendum should be put to the pople. Reference is made to a covert agenda, and I am curious to know what then is the opposition’s agenda, as I am of the view that both sides need to come together and not push a partisan agenda just because one’s predeccesors promulgated a particular viewpoint. Times have changed, our ecomonic standing has changed, Jamaica needs a savior. That savior is not IMF, the people who are in positions of power need to think and act rationally and put the people first.

Should a referendum be put to the people? The PNP is not for it, and I wouldn’t expect them to be, in light of the last referendum where our past Premier Norman Manley stepped down after losing the not-so- long-after called elections. I believe they are wary of this precedent especially since we are so far into the election term and everyone on both sides of the fence are on their “P’s and Q’s” trying to solidify party votes.

The JLP on the other hand through a statement of their leader has trivialized the issue and has said that if it is to be considered, it should be put to the people. I wholeheartedly agree with putting it to the people but not the trivialization of the issue. A public-education campaign is not bad , educating the populace on the issues so that they can make an informed decision. But announcing a Grand Referendum is ludicrous if that step is not taken. The voters will simply vote along party lines, and we all know that the voter turnout which will not be representative of the true population, nor will it reflect the true wishes of the people.

To “referend” or not to “referend” is the question

Marijuana and the Dangerous Drugs Amendment Act 2015- How free will you really be to use Ganja?

by: Kymberli Whittaker

The Dangerous Drugs Amendment Act 2015 has not yet come into effect, but when it does please be mindful that the use of, possession of, and taking steps to import/export Marijuana is strictly regulated. Know the law and prevent the tarnishing of your criminal record, or the sanction of fines.

Possession of 2 ounces or less is no longer a criminal offence, which means that you should not be arrested for it. However, a police may issue a ticket for having this amount similar to a traffic ticket and the person has 30 days to pay JMD $500.00 at the Tax Office. It would appear that the criteria for a ticket is possession of the drug, so in order to avoid a sanction, then it would be safe to say that you still should not be found with marijuana, as a police officer can ticket at their discretion. If you are given a ticket and fail to pay, then the offender will be mandated to go to Petty Sessions court and will either be ordered to do community service or pay a fine $2,000.00. Failure to pay will result in a recording of the offence on a person’s criminal record.

Youth under 18, found with marijuana will be required to undergo counseling once it is proved that they are within this age group AND it appears to the police that they are dependent on the drug. Persons over 18 can also be referred by police once deemed dependent. This determination by the police appears to be a subjective one, and the criteria for dependency needs to be clarified, as it is clear if police officers have received or will receive the requisite training to determine dependency. Also it is not clear whether the dependency will be based off one observation of the marijuana user by the officer

It remains a criminal offence across the board to be in possession of marijuana of over two ounces and offenders can be arrested, charged, tried in court and if found guilty, sentenced to a fine or to imprisonment or both. The conviction will also be recorded on a person’s criminal record. Exceptions to this rule are:

• Persons of a Rastafarian faith who use it as a sacrament who are in possession for Religious purposes. Rastafarians however who wish to grow marijuana for religious purposes or sponsor or promote an event where Marijuana may be present in observance of the Rastafarian faith, will have to apply to the Ministry of Justice for a licence or permit .

• Possession of marijuana for medical or therapeutic purposes which has been recommended or prescribed by a registered medical doctor or other health practitioner approved by the Minister of Health
• Possession of Marijuana for purposes of scientific research by an accredited tertiary institution or is approved by the Scientific Research Council.
• Possession of marijuana pursuant to a licence, permit or authorization issued under the Dangerous Drugs Act.

KNOW THE LAW- Know your rights regarding Marijuana

LESSONS FROM FIDEL and THE CUBAN REVOLUTION

by: Kymberli Whittaker

Bachelor of Arts, History (Hons)

Bachelor of Laws (Hons)

LEC

“Convict me; It doesn’t matter. History will absolve me.”

A man who dared to oppose the mighty United States of America; A man who had a vision and executed it with an iron hand; A man who put the people first. His name is not synonymous with democracy but his speeches, his participation in wars all across the world helped to preserve so many nations while breaking them out of bondage and mental slavery- thus contributing to their democracy. Fidel Castro is an epic leader of our time. His life which has been marred by propaganda has many lessons. No, he is not perfect or the best leader, this world has ever seen, but there are some salient lessons which his approach to change and maintaining change can teach us:

1) Elevation of the Mind

One can succeed and improve their mental state, only through increasing knowledge sought after daily. Fidel attempted a Coup, and was unsuccessful and he was imprisoned for two years in Cuba. Instead of being discouraged and giving up the fight, he resorted to consuming literature which elevated his mental state. His thirst for knowledge I believe, exposed him to different ideas, thus making him uncomfortable with his present realities. 

Reading 12-16 hours a day, while imprisoned, made him the man we know of today.

An important part of his Revolution was Education, without education, the people could not improve. 1961 was named the year of education. Thousands of young people set out into the isolated parts of the island to teach farmers and uneducated persons how to read and write. A literate nation is a better nation, and a nation that can make informed decisions. Elevation of the mind is key in facilitating change.

2) No man is an island

This may seem contradictory given the stance he took in not bowing to International pressure which opposed Communism and sought to demolish him, leaving Cuba isolated for many years. He knew that support is needed for any cause. Travelling to speak with members of the Diaspora, he formed links and the bonds were cherished as he sought to promote his ideals. He made individuals feel Important and through that approach, many supported him and continue to support him today.

On the way to start the Cuban Revolution in 1959, one of him men fell overboard as they travelled by ship to land. Fidel refused to leave this man, and he and his crew searched the dark murky waters until they found him. This act delayed the synchronized co-ordination of the attack on Batista’s forces, as some of his followers were already waiting on land, and started the revolution without the support from the Sea. The death toll was high, and of the original 82 men who came by ship, only 21 managed to regroup in the Sierra Mountains to recruit farmers and others to assist them in the fight.

Fidel surrounded himself with strong personalities such as Che Guevara, men who got the work done. He did not do everything by himself, nor did he try to.

3) If at first you don’t succeed try and try again

Remember Fidel failed the first time, and please do not think it was easier the second time. The actual war between Fidel’s followers and Batista’s troops lasted two years. Perseverance will yield results, perfect your craft and always know your objective. Do the necessary groundwork to be able to win. Winning is most times hard, but it is always possible.

4) Be strategic in all decisions

During the Batista dictatorship, a reported number of 20,000 Cubans were killed. The people were fed up, tired, and fearful and the words of Fidel who campaigned to them was music to their ears. He made them feel as if they were first class citizens who deserved better and needed to take a stand against the Government who did not have their best interests at heart. The people longed for sovereignty and independence and this was the platform he used to gain mass support

He was aware of the importance of the media, and he made sure he was accessible to the press, even in English. Any person especially in government should know that the press should not be your enemy. Consistently refusing to talk to the press especially on major national issues, will cause mistrust to fester in any country- Including Jamaica. One must be strategic in ALL decisions.

5) No weapon formed against me shall prosper

He did something I am almost sure Jamaica would never do, oppose the United States of America. For years they terrorized and reigned through their ‘Big Stick Policy” popularized by President Theodore Roosevelt, where they sought to control and involve themselves in the running of governments, setting up Presidents and removing them when they no longer served a purpose. Batista’s forces were trained by the US who armed them with artillery and aircraft.  In his words,

“The overt war against the country, became a covert war against the man”

The US opposed Fidel essentially because he we for his own people which naturally conflicted with US interests. The US fueled by capitalist motives had nothing to gain by his reform. Through the “Agrarian Reform Act” property was redistributed as foreigners owned almost 70% of the arable land and most of the sugar industry was in US hands. No money was staying in Cuba, and what remained did not benefit the masses.

Fidel’s family was by no means impoverished and he expropriated land from them as well, leading by example. For years, through an embargo which lasted from 1960-62 until 2014 Cuba was punished severely for not backing down from the US. The Cold War which has often been used as the reason for hostilities does not make sense as the “US-Cuba Cold War” outlasted the "real" Cold War, which ended in 1989. Increasing agitation from the UN and the changing global climate which sees nations such as China rising in superiority has shown that even though one may undergo isolation and hard times, no weapon formed will prosper and hard times will not last forever.

6) No matter how hard times are- Help Others

The Embargo really stifled economic growth and prosperity in that nation, however Cuba is known for helping other nations, whether they are neighbouring Latin American states such as Bolivia or as far away as Vietnam, where Cuba during their war sent rice, sugar and blood donations to them. They  sent trained doctors, engineers and agricultural workers to assist in not only the fight , but the building back.

Fidel’s family was by no means impoverished and he expropriated land from them as well, leading by example. For years, through an embargo which lasted from 1960-62 until 2014 Cuba was punished severely for not backing down from the US. The Cold War which has often been used as the reason for hostilities does not make sense as the “US-Cuba Cold War” outlasted the "real" Cold War, which ended in 1989. Increasing agitation from the UN and the changing global climate which sees nations such as China rising in superiority has shown that even though one may undergo isolation and hard times, no weapon formed will prosper and hard times will not last forever.

In 1975 as Angola moved towards independence from Portugal, the CIA along with the apartheid government of South Africa tried to bring down the new Angolan government. At the request of the Angolan president, Fidel sent 36,000 troops to keep the South African forces from attacking the capital, Rwanda. In 14 years of war over 300,000 Cubans- doctors, engineers, teachers and soldiers played an important role in Angola, over 2000 died.

In 1988 Fidel sent in more Cuban troops and with this increase, a large nail was driven into the coffin of Apartheid, and he helped to shed light on the struggle of the African people. African History has been shaped by Cuban presence and assistance and Nelson Mandela was one of Cuba's greatest friends.- Such was the impact and reach of the Cuban Revolution. Such was the reach of Fidel.

Live and learn, separate the bad aspects from the good, and give praise where praise is due, and in all situations- learn lessons.

Sex Offenders: Do you really know your "neighbour"?

 by: Kymberli Whittaker

Do you know how many sexual offenders, rapists or child molesters live in your neighbourhood? Contrary to the belief of some persons, many sexual offenders and predators don’t live only behind zinc fences and in garrison communities, they also live behind pretty walls, automatic gates and well trimmed hedges.  They could be your friendly neighbor, extra-lesson teacher for your kids, Grocer and even your co-worker and unbeknownst to you they lurk, plan and plot to commit sexually motivated crimes on a day to day basis.

Unfortunately we cannot go into a person’s mind and know the perverted thoughts they harbour and prevent them, but as a nation we should have the power to reduce the amount of dastardly acts by being informed and acting accordingly to protect ourselves and our family from persons who look so innocent but have a convicted criminal record for committing a sexual offence, especially against children.

There has been much debate and discussion over the years about the creation of a Sex Offenders’ Registry to track local offenders. The Sex Offenders' Registry was established as a part of the Sexual Offences Act which was passed into law in October 2009.  However, the regulations for the Registry were tabled in November 2012 but were not put to use because of the absence of a database.  In May 2014, we were told by the Minister of Justice, Mr. Peter Bunting  that the data system to facilitate the Registry was complete and work was to begin to get the stakeholders up to date.

This is awesome news that we are actually making headway after almost 5 years of waiting, however I am concerned about its effectiveness once implemented as this is a collaborative effort between several Government agencies. Our courts need to have efficient reporting procedures and as an entity steeped in the paper or hard copy mentality, they will have their work cut out for them especially as it relates to sending the necessary information for the previous convicts. For this Registry is to work, we need to establish a proper system of entering information on the offender within a timely basis in order to facilitate efficient dissemination.

I anticipate that with this Registry we will be able to see the communities where most offenders live and try to stage an intervention and  if possible to attack the root cause of the problem and prevent others  from walking down that road of perpetuating sexual abuse towards others.

Hopefully the fear of having their name, address, alias, photograph, date of birth and places frequented placed on a list will detract many from committing these type of crimes, and for those who have have already offended, the fear will keep them in line. Sexually motivated crimes are high on the list on crimes where re-offending takes place and this has been ignored for many years, as we falsely hope that the persons released just change their ways and choose not to re-offend. and this is ludicrous. There is no evidence that they receive counseling while incarcerated or special help to understand the issue and prevent it from taking place which helps to contribute to the cycle. 

Now as we know the group JFJ is the Champion for the protection of the rights of different categories of criminals, and they have posited that  “people have served their time and done their punishment”, yet we would be “stigmatizing them and leaving them vulnerable” if their information is made available to the Public.  However on speaking on behalf of my law abiding citizens, I say that  for too long our rights have been ignored, abrogated and treated with disdain. We deserve the right to at least to know how  many sex offenders live where we live; live where we send our children to school,  as  some of our kids have to walk to school daily.  So far we have been taking risks without knowing the odds, and we should be able to take calculated risks and not leave things like safety up to chance.

If the Government is afraid of crimes being perpetrated against convicted persons who have served their time and now roam the streets, this is indeed a valid concern, as Jamaicans really have little tolerance of persons even just accused of rape (although it would seem that persons of the higher echelon are able to get rid of this stain and be accepted with open arms by many upstanding citizens), however knowledge is power and I believe this knowledge can empower us. Names can be withheld from the general public  but be of use to other agencies where this information relating to character is crucial. Also persons who are sex offenders should be prevented from entering certain occupations where they may be placed in a compromising position based on their history and predilections .

This Registry is important  and once implemented will play a  critical part in  Jamaica's development. I am no longer patiently waiting, but I am anxious to see what our Government is coming with, and what terms and conditions will be attached to the implementation. I want to "know" my neighbour. Do you?

“This aint Ferguson”: Will You be marching against the JUTC Bus Fare Increase?

by Kymberli Whittaker

On August 20, 2013, The Generation 2000 (G2K) issued a press release stating its opposition to the recently announced fare increases for the Jamaica Urban Transit Company (JUTC) buses. Their President Floyd Green made some salient  points regarding mismanagement of funds, pillaging of pockets of those who can least afford it, etc., all of which is aimed at looking about the interests of those at the lower end of the economical strata. Admirable to say the least.

What is not admirable is the hard and fast stance taken by the JLP. They are not asking for the increase to reduced, but instead they want no increase at all. This I cannot reconcile.

I will compare JUTC to a pretty  house with a weak foundation at its base, and no furniture on the inside. Commuters are able to ride around daily in luxury in Air Condition, sitting in comfortable seats with music wafting through the speakers to provide ambiance. It looks nice on the outside, but an important question to ask is, how is this being funded?

It is important to note that drivers of their own personal vehicles in these harsh economic times, have to wind their windows down,  wishing they could turn on the A/C, and when they go to the gas pumps they  state “$500 gas please” from the pump  attendant with no shame. Times were hard last year, and it will be even harder this year.  People have accepted it.

JUTC is not making a profit, they are not even breaking even as $10,000,000.00 a day is lost just to keep the company up and running. This is tax payers money not JUTC’s money that is flushed daily as we travel up and down in A/C on buses blazoned in the National colours of our flag.

As it stands now, the government has reduced the fee for Senior Citizens to $40 from $60, as they deal with the backlash, but as a people we need to look and dissect that there is a huge problem with how the JUTC is being run.  Just recently in April of this year, the JUTC announced that they would be adding 69 new Volvo buses to its fleet by month end, providing an additional 3,657 passenger seats, also the JUTC imported 18 containers of parts since last year, in an effort to have adequate parts to maintain all its buses. These things do not pay for themselves, and we should have seen the fare increase coming from a mile away.

Is the JUTC operating above their means? Of course. But that is not the concern. We weren’t complaining when money was being spent to acquire the new buses. We dont complain when we take the buses and do not pay toll individually when travelling from Portmore. Yet the toll has to be paid with the JUTC owing millions for its daily travel. I won’t lie, it is being run like a business, for example we saw less licences being granted to outsiders in the transportation sector  in order to give the JUTC more market share, but the hemorrhage is still continuing.

PROTESTS

This is not Ferguson. Persons and Civil Society Groups have been invited to protest at a mass rally with the JLP and some have declined. Andrew Holness, the JLP Party Leader has even stated that even if he is the only one in Half Way Tree he will be standing up against it.

This is Jamaica, no lives have been lost, and we can see that even when lives are lost, we are quick to wrath but slow to action. I caution that if the party has been encouraged by the support of the protestors of the Professor who marched on his behalf, most likely they won’t be out because it is quite likely that they drive. As it stands now the $20 increase will not draw fire and brimstone from the masses. Unfortunately I do not believe that this is the proverbial straw which broke the camel’s back.

I went on a JUTC bus today, and persons were already trying to pay the $120 only to be told “Not today”. Persons have already started budgeting for it, and many will mumble and grumble but will not question it.

The protestors in Ferguson are passionate about the issue and want to see change. In other words, “dem tired and fed up”. As a people we are not tired and fed up ,because we are not asking the right questions. This problem is not one that mushroomed overnight. Why is it just coming to the fore? Are they accountable to no-one?  We are not keeping abreast of the issues while this company is being run into the ground. From what I can see looking in, an effort is being made now to salvage what they can (let us pretend to ignore the IMF agreement influencing most decisions nowadays), and as a people we have to be reasonable in our demands.

If protesting I would protest for accountability and a plan to be presented to the public to stop the hemorrhage of funds, cause as stated by the JUTC Chairman, The Reverend Dr Garnett Roper “if the provision of spare parts and maintenance of the buses were taken into consideration, it would cost the JUTC management an estimated $560 per ride to keep the units on the road”. I would not protest over the increase, because it is minimal when placed into the proper context.

Remember I said it, This $20 is only the beginning.

Taxation or Extortion: Banking Charges and Taxes crippling the Ordinary Man

By Kymberli Whittaker

Effective June 1, 2014, a new tax will be imposed on all withdrawals from deposit-taking institutions through electronic banking, point of sale transactions (debit cards), cheques, banking hall transactions, ABMs, ATMs, ETMs and internet transfers. The only exception is internet transfers made by a person between his accounts in the same financial institution.

This move has been made in a context where Jamaicans have been pleading for relief from an unprecedented increase in Commercial Bank charges and fees. In an interim report to Parliament, the BOJ said fee income, not including fees for loan processing, now accounts for the larger percentage of total revenue for commercial banks.

For the nine-month period January 1, 2013 to September 30, the BOJ said total fee revenue stood at 19.5 per cent. Fee revenue was recorded at 16.6 per cent in 2012, 13.6 per cent in 2011, and 14.9 per cent in 2010.

The report, which was prepared for the Economy and Production Committee, indicates that the portion of income earned by commercial banks in relation to overhead expenses is the highest in six years. It further shows that in terms of cost recovery, fee income, excluding fees for loan processing, moved from 26.4 per cent in 2008 to 28.6 per cent last year.

It is evident that the commercial banks are looking to increase revenue and the government is looking to increase revenue all at the expense of the law abiding citizens. Banking is a business however where do we draw the line in what is acceptable?

This move to tax withdrawals will affect the group least protected by our Government, the middle class who bear the brunt of the financial burden of this country. This dwindling middle class who is already lawfully paying income tax and other sums which are diverted to mismanaged institutions in the name of attaining growth and stability. Money diverted to pay for roads with huge potholes, to pay exorbitant fees to the money making entities which have been divested by our government in the name of them making a profit, not breaking even.

The local think tank Caribbean Policy Research Institute (CaPRI) has stated that Jamaicans are not paying an unreasonable amount for bank fees, despite the significant rise in fees. In a report following a recently -concluded study, CaPRI said, "When viewed holistically, it is clear that for most of the commonly charged fees, Jamaican banks compare favourably with the banks sampled from other countries."

I assure CaPRI that the dynamics of other countries in terms of the financial spending power of their citizens are not comparable with ours, so referencing  countries, such as Barbados is not an appropriate measuring stick. Their minimum wage can go much further than ours, as I lived in that country myself for two years.

Mr Hylton, Group Managing Director  of the NCB told the  Economy and Production Committee of Parliament  that bank's fees and ratio of fee income to other income are competitive based on local, regional and international benchmarks, it is important to note that our salary and our standard of living do not compare relatively to these same benchmarks.  The people using the commercial banks here in Jamaica are the same ones who are affected by wage freezes, pay cuts etc, no employment, etc.

"Every mickle makes a muckle", and it seems as if no one desires that the working man keeps his mickle. Our salary is taxed prior to being deposited in the bank by our employers, it is subject to banking rates and taxes while in the bank and it will be taxed upon withdrawal of sums for our livelihood. What is the aim of the government? To decrease the revenue of the bank as a result of the foreseen preventative actions of many who will choose not to deposit their few dollars in the bank. Many persons bank for safety reasons, what are the perceived repercussions?

Many people say the ruling party, the PNP is not a government for the poor, I believe they are because the persons living in abject poverty will not be affected by the majority of their decisions. Who is affected? The middle class or the ordinary man.  We are being penalized for earning our money, saving our money, and spending our money.  What more do you want from us?

Jamaica needs a Revolution.