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by Guy Hewitt
While the world ‘oohs’ and ‘aahs’ at what is perceived to be a flourishing democracy, a sober majority in Barbados appreciate that all that glitters is not gold. The 30-0 outcome in the 2018 and the more recent general election underscore that we in the Democratic Labour Party (DLP) have much work to do. Moreover, the historically low voter turnout speaks to a wider erosion of our democratic heritage.
Regrettably politics is increasingly perceived as self-serving; responding to the narrow interests of power elites and party supporters rather than the welfare of the nation at large. An overreliance on public relations strategies diminishes public confidence.
Citizens rightly expect, following the January General Election, for the Parliament of Barbados to be convened so that the legislative business of the nation can proceed. However, in the absence of a Leader of the Opposition it seems to me that convening our Parliament may be impossible. A constitutional crisis may be at hand.
Section 35 of the Constitution of Barbados stipulates: There shall be a Parliament of Barbados which shall consist of the President, a Senate and a House of Assembly. Section 36 stipulates: The Senate shall consist of 21 persons…and further that: Two Senators shall be appointed by the President, acting in accordance with the advice of the Leader of the Opposition… Therein lies the problem.
The current debate surrounding the appointment of the two Opposition senators has focused on who, in the absence of the Leader of the Opposition, is empowered to make such an appointment. We seem to be overlooking the stipulation of Section 74: There shall be a Leader of the Opposition.
The framers obviously presumed a two-party parliamentary system in perpetuity. Although this wasn’t a reality of the 2018 general election outcome or the more recent one, it does not negate the fact that the Constitution seems to anticipate a bipartisan legislature and a Leader of the Opposition, who has an important governance, consultative and consensus-building role in our democracy, not least being in the appointment of the President.
In 2018, this current crisis was averted by Bishop Joseph Atherley, now leader of the Alliance Party for Progress (APP), crossing the floor. To date there is no indication that such an occurrence will repeat itself. I fear the absence of an opposition leader isn’t being given the attention it deserves, nor should it be resolved by what I think is further tinkering with our Constitution. The wholescale constitutional reform as promised in our journey to republic is immediately needed.
The guarantee of an opposition voice and diversity in our parliamentary process could be assured possibly through a mixed member representative system in the House of Assembly rather than the current exclusive first-past-the-post system, where the candidate who receives the most votes wins.
By augmenting first-past-the-post with proportional representation, where representation is also in proportion to the number of votes received, an absolute dominance by any political party would be averted.
However, our Constitution currently makes no provision for proportional representation or recognises political parties. This reality is crucial to the debate surrounding the appointment of the two Opposition senators.
The government in a typical wisenheimerish manner seems to be trying to reconcile the irreconcilable. The initiation by the Prime Minister of the debate on the appointment of the two Opposition senators was perturbing as she seemed to suggest that somehow the government has a role. While some interpreted this as hubris and political theatre, I was deeply concerned as it was suggested that the Attorney-General, our chief legal officer, advised on the matter.
Any governmental involvement in the appointment of the two Opposition senators would exceed the legal power and authority provided to them under the Constitution. Insult was added to injury in a press report which suggested the Attorney General sought to ensure that the two Opposition Senate seats are chosen by the DLP, as the party that next gained the most votes. However, the feigned magnanimity was laid bare as the DLP was accused of ‘silliness’ and ‘sophistry’ in the rejection of the offer and what some interpreted as a veiled threat that others could be included as the opposition senators and the DLP left ‘outside’.
In stating that “the gift Mottley is offering is a gift that she cannot offer,” Steve Blackett, interim DLP President, called out the overreach by the new administration. He reaffirmed the DLP’s commitment to the rule of law in stating that, “We are not going to be complicit in agreeing to something being offered to us, when it does not fit within the four corners of the law or the Constitution.”
The rule of law is the hallmark of a republic whereas the rule of one person is the feature of a monarchy. Forward ever. Niccolo Machiavelli, considered the father of political theory and strategy, introduced in The Prince the idea that “the ends justify the means.” Holding to the belief that the Lord has been and should remain our people’s guide, I believe that we should seek, even in our political life, moral ends through moral means.
Noting the earlier stipulation that there “shall be a Leader of the Opposition” and that person shall advise the President on the appointment of the two Opposition senators, it is ambiguous whether Section 75, which deals with a vacancy in the office of Leader of the Opposition, gives the President discretion to appoint the two Opposition senators.
Furthermore, even if Section 75(a) provides such the discretion, convention dictates the imperative that Barbados’ Head of State be shielded from any semblance of political involvement.
As our Constitution neither recognizes political parties nor makes provision for consultation with political entities or for actions based on proportionality in general election outcomes, there is no obvious means by which these appointments could be made that may not be open to legal or political challenge. Our President must be seen to be strictly neutral with respect to political matters, a point emphasized by the DLP president and APP leader.
Although we have become more measured in our actions and reactions of late, it is important for Barbadians to remember that 125 years before the Americans declared their independence, the people of this fair land declared its independence from England, as stipulated in our Constitution, to “safeguard the freedom, safety and well-being of the Island”. As our forebearers acted in 1651, we must remain vigilant and be “Strict guardians of our heritage, Firm craftsmen of our fate.”
May the Lord continue to be the people’s guide.
Guy Hewitt resides in the US serving God while remaining committed to Barbados and the DLP.
