Robert Buddan, Contributor
IT IS a tribute to our parliamentary culture of democracy that our leaders can retire from politics peacefully in contrast to other countries where they are violently overthrown, exiled, imprisoned or assassinated, or where parliament itself is suspended or abolished. Our democratic adversaries who sat in parliamentary leadership from Bustamante to Norman Manley, Michael Manley, and Hugh Shearer have retired gracefully.
Mr. Seaga has now retired in parliamentary fashion, demitting his seat in the constitutional manner, and his successor as Leader of the Opposition has similarly been appointed according to the constitution. When Mr. Patterson's time comes, I am sure Jamaica will once again have a peaceful transfer of parliamentary leadership and a stable transition in government.
The Prime Minister will no doubt, in the spirit of the constitution, call a by-election in Western Kingston as soon as the EAC advises that the electoral machinery is ready for him to do so. This will allow Mr. Golding to obtain a seat in the House of Representatives, and assume the role of Leader of the Opposition for which we expect his parliamentary colleagues to give him support. In doing so, the Prime Minister will be entitling Mr. Golding to all the powers and privileges of the Leader of the Opposition, including those to criticise his own government.
Mr. Golding will then appoint a senator to fill his vacancy. There is a debate about Senator Norman Horne's position in the Senate. He has resigned from the JLP and wishes to be an independent senator. It is not customary for a senator's appointment to be revoked by the leader of the party, which appointed him in the first place. That, to my knowledge, has never been done.
The JLP says, however, that it has a different Leader of the Opposition and that the new leader should be free to make appointments to the Shadow Cabinet and the Senate. The JLP need not rush. It can await the appointment of Mr. Golding who should remember that in the spirit of the Constitutional Commission he might appoint an independent senator. This was the reason Mr. Patterson appointed Douglas Orane and Trevor Munroe as independent senators from 1997-2002. Nothing about the current debate and difference of positions, however, has the potential to become a constitutional crisis.
PARTY TRANSITIONS
The PNP and JLP are also in the process of transition, including the way the transitions are made. The transition calls for rationalisation of group and branch structures to ensure that delegates are legitimate, and in the case of the PNP, considerations to change the electoral formula to directly elect the party president. The PNP has established a code of conduct for the successor campaign and both parties have shown interest in regulating campaign finance.
Some 40 years ago, Trinidadian intellectual and social critic, C.L.R. James, spoke disparagingly of the region's leaders. He said, "They have no trace of political tradition. Until 20 years ago they had no experience of political parties or of government, knowledge of production or of political struggles, of the democratic tradition they have none." James apparently felt that this kind of leadership spelt disaster for the region. If he did, he was wrong. The parliamentary tradition has survived and strengthened. It has survived the sub-culture of race in Guyana and Trinidad, ideology in Grenada, mercenaries in Dominica, and garrison politics in Jamaica. Even at the height of their adversarialism, both Manley and Seaga called elections, respected the general results, permitted power to pass constitutionally from government to opposition, and taken up their parliamentary roles in both positions.
In fact, one of the real tests of democracy, according to American political scientist Robert Dahl, is the respect that governments show for the opposition and the opportunities it provides for an alternative government.
TRANSITION AND TRANSFORMATION
The transition in party leadership has led to a stronger movement for internal party reforms than the transitions in parliamentary leadership seem to promise for parliamentary reform.
A number of ideas have emerged about party reforms in Jamaica. They include:
Separate posts for prime minister and party president;Separate post for general secretary and minister with full-time responsibilities for the former;Increase in the number of deputy general secretaries;Term limits for party president;Election of party president by direct vote with all members voting;Campaign finance reform to improve the integrity of elections and representatives;Job descriptions for MP/constituency caretakers;System of recall of non-performing constituency representatives;Constituency performance audits;Increased budget allocations for constituency representatives;Clear guidelines for the selection of candidates;Code of conduct for party's presidential elections and campaigns;Strong and legitimate group/branch structures in parties;Integrity of delegates, list of voters with the electoral office conducting voting.Some of these have won acceptance within the country and the parties, and some have been implemented.
A number of reforms have been suggested for parliament but very few have been implemented. Parliamentary committees have become open to the public and there is a website for Parliament. However, more fundamental changes await constitutional reform and the departing leaders of Parliament, Mr. Seaga and Mr. Patterson, must ask if they have left or will leave Parliament a more effective and democratic institution than they found it. The new leaders too must ask how they can make Parliament better than they find it.
The Constitutional Commission, the public, and Parliament itself have made a number of suggestions for improving Parliament, such as that:
Membership of the Senate be increased to reflect a wider cross-section of Jamaicans; Membership of the Senate reflects a better proportion of party representatives in line with election results;Membership of the Senate reflects more independent appointments; A new and modern parliamentary building and facilities be constructed; Members of Parliament be subject to impeachment; Members swear allegiance and take Oaths of Office to the people of Jamaica; The terms Leader of the Minority and Leader of the Majority replace the more adversarial terms, Leader of the Opposition and Leader of Government; Members of Parliament declare assets to an Integrity Commission;Mr. Patterson has said that, as Prime Minister, he regrets not achieving constitutional reform. The Joint Select Committee of the Houses of Parliament on Constitutional and Electoral Reform reported in 1995 that, "The Committee recognises that there have been defects in the operation of the Westminster model since Independence but it is of the view that these defects can be cured by specific measures targeted to specific defects."
It is that recognition that our new and emerging leaders must act upon. The changes in leadership should not be simply changes of faces. They should be accompanied by changes in substance. Mr. Golding started the NDM with constitutional reform as a priority. The new and emerging leadership on both sides should address the larger agenda so that the transitions will manifest as real transformation.
Robert Buddan lectures in the Department of Government, UWI, Mona. You can send your comments to Robert.Buddan@uwimona.edu.jm or infocus@gleanerjm.com.
