reforming the political marketplace in jamaica to better serve citizens and business

1
The political marketplace in Jamaica is in need of serious and urgent reform. While there has been a lot of positives since Independence, any objective assessment of both our speed and quality of development of the political marketplace would show that we are sorely lacking in some major and significant areas. It was Chester Bowles who rightly said that Government was too big and too important to be left to the politicians. While government is of the people and by the people and while the people elect and entrust officials to govern on their behalf and serve their best interests, it was never intended that the people would ever abdicate their right to having their voice heard on governance. Jamaicans from all walks of life must maintain a close and active interest in the governance of their country. In the recently published 2010-2011 World Economic Forum assessment Jamaica was ranked at 107 out of 139 for P Pu ub bl li ic c t tr ru us st t o of f p po ol li it ti ic ci ia an ns s; ; 116 out of the 139 countries assessed on F Fa av vo ou ur ri it ti is sm m i in n d de ec ci is si io on ns s o of f g go ov ve er rn nm me en nt t o of fc ci ia al ls s and Jamaica is ranked 136 out of 139 countries for B Bu us si in ne es ss s c co os st ts s o of f c cr ri im me e a an nd d v vi io ol le en nc ce e. . We are scraping the bottom of the global barrel and it is patently obvious that the country and society needs a game changer to break out of our present trajectory. A pointer to an approach for improvement can be found in our own home-grown management of the rapid evolutions in the commercial marketplace. An analogy based on the commercial markets and how private institutions adapted as markets grew, morphed, and evolved in Jamaica is instructive. Contrast the period before deregulation and liberalisation versus the post-liberalisation period. Prior to deregulation/liberalisation significant sectors in the marketspace were dominated by monopolies and duopolies limiting choice, limiting quality and not meeting customer requirements. They persisted because of historic preferential rules and inertia to effect changes. The JLP and PNP are a classic duopoly; they have grown disconnected with their markets; their wares belong to another time and generation; they are neither fast nor nimble enough to respond to the rapid societal, global, economic and political changes taking place around us; in many ways they are cartel-like in their shared positions to the exclusion of the consumers in the market. In many ways they are victims of the historic rules. They, like all social institutions striving for good fit and relevance in their environment, need constant re-invention in order to survive in this time. To the extent that they are slow or stagnant, then to that extent the country and society are also slowed and stagnated as we are tightly bounded to them under the present rules of the game in the political marketplace. The strong evidence also is that, because of path dependency, institutions are least likely to inflict radical reforms on themselves even where changes are obviously in their best long-term interests, political parties not excepted. The much vaunted General Motors from the commercial space is a case in point; locked in their own world unable to adapt quickly to the environmental changes swirling around them because of historic, internal, institutionalised biases in organisational and individual behaviours only to be rescued from itself by others. The political marketplace is not immune from the dynamics buffeting the other institutions of society locally and around of the globe. What are the lessons from our commercial past that might help our search for solutions in the political marketplace? Back in the days, when time moved slowly, people were less demanding and choices were limited, we had two radio stations, one television station, one telephone company, one newspaper, one beer, one university. Choice was restricted and constrained but the society back then tolerated the status quo as our demands were more or less satisfied by the prevailing institutions. As we became more sophisticated and more discerning as a people and society we became more conscious of qualitative differences in what we received as products and services and we grew more demanding for quality products and services. We have also seen that open competition and wider choices are associated with the delivery of these qualitative improvements. Open competition invites new entrants with their innovative methods and approaches. Incumbents step up to the plate or exit the marketspace. The expansion of the telecoms market is a ready case in point. More choices, more quality. The rules of the game that effectively confined voters in our political marketplace to JLP and PNP was for the simpler times of the past but are not suited for the needs of the vibrant, sophisticated, discerning, Jamaican people of today. The political marketplace needs deregulation and liberalisation so as to be opened up for new ideas, new thinking, new governance approaches, new leadership and for the true patriotic statesman-politician to get real opportunities to emerge from among the partisan crowd. It also needs a mindset that pro-actively seeks to make Jamaica leap-frog into the future by breaking free of some of the ties that binds us to past failed approaches. Charles Darwin reminds us that “It’s not the strongest of the species that survives, nor the most intelligent but the one most responsive to change” Some ideas for refreshing the political marketplace and which the people should be given an opportunity to give their voice to in a referendum before the 2012 elections; a. Convert the Office of the GG to an Office of the President (ie an unelected Head of State) to function in much the same way as present, except for (1) replacing allegiance to a UK Monarch to an allegiance to the people of Jamaica and (2) repositioning some key non-partisan state institutions under the Office of the President. b. Reform the Electoral Commission to assume wider state governance roles in order to oversee the reform of the entire political marketplace. The new commission should constantly monitor the dynamics of societal requirements and craft effective responses. Its membership should be expanded to include more civil society representation. It would be an agency of the President. Another analogy from the commercial space; one of the successful and effective institutions created during the commercial liberalisation period was the Fair Trading Commission (FTC) whose remit was to be an independent arbiter of commercial rules violations. Business was too important to be left only to business-persons. c. make the post of PM be subject to a direct vote by all Jamaicans; with a DPM as a running mate. PM and DPM to be accorded non-partisan seats in Parliament, post-election. De-couple the post of PM from any local constituency d. make posts of PM, DPM and MP’s be subject to recall by the population for breaches of office e. Make executive to be comprised of a Cabinet selected by PM from the best Jamaican patriots available, qualified, able and willing to do selfless service on behalf of their people. f. expand the numbers in the Lower House. Make MP’s be primarily focused on (1) their constituency representation and (2) law-making in the legislature. Recent comparative study highlighted the lack of time spent by the Jamaican legislature on law-making compared to other jurisdictions and the severe negative effects that had on through-put of Bills. We need to create the space for more time to be dedicated to this arena. g. Expand and empower the Committees of Parliament to strengthen its various oversight functions and serve as an independent check and balance on the Executive. h. reform the present local government structure. MPs are de facto local representatives; expand and support that role. Give MP’s seats and voting rights in Parish Councils. Reduce the number of Councillors and concentrate Councillors representation to the urban heavily populated parish capitals. Extend Parliament’s out reach to constituents by building and staffing well-appointed Constituency Offices for each constituency for citizens to have direct access to MP’s in their locality to voice local issues. i. introduce term limits for all public offices as a way of refreshing and renewing the peoples representation. Evolve a role for the wisdom of the counsel of elder states men and politicians to be leveraged as trustees and advisers in the background j. institute full open disclosure for campaign financing for political parties k. empower the Integrity Commission of Parliament to vet and approve all candidates as fit and proper prior to consideration for service. l. have Parliament institute formal mandatory training programmes for potential political candidates at the constituency and national level to cover areas of global economic and global management issues, The main ideas outlined have been part of our public discourse in Jamaica since 1995. We have debated and re-debated these ideas extensively over the years without conclusion; within and without Constitutional Commissions. There is broad consensus and agreement on a lot of the key points. Events since 15 years ago have reinforced rather than reduced the urgent imperative for change and adaptation in the political marketplace. These rule changes will give the citizens a greater voice in the form of their government, improve the democracy, broaden choices, strengthen the quality of governance, strengthen the political parties qualitatively and increase trust in officials elected to act in the interest of the people and country. Decisive pro-activity is now needed as opposed to another 15 years delays and stagnation. Let the stalled constitutional reform debate begin again in earnest. Silburn Clarke FRICS

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Thoughts on the Issue of Separation of Powers as a contribution to the Constitutional Reform debate in Jamaica

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Page 1: Reforming the political marketplace in Jamaica to better serve citizens and business

The political marketplace in Jamaica is in need of serious and urgent reform.

While there has been a lot of positives since Independence, any objective

assessment of both our speed and quality of development of the political

marketplace would show that we are sorely lacking in some major and

significant areas. It was Chester Bowles who rightly said that Government was

too big and too important to be left to the politicians. While government is of the

people and by the people and while the people elect and entrust officials to

govern on their behalf and serve their best interests, it was never intended that

the people would ever abdicate their right to having their voice heard on

governance. Jamaicans from all walks of life must maintain a close and active

interest in the governance of their country. In the recently published 2010-2011

World Economic Forum assessment Jamaica was ranked at 107 out of 139 for

PPuubblliicc ttrruusstt ooff ppoolliittiicciiaannss;; 116 out of the 139 countries assessed on FFaavvoouurriittiissmm iinn

ddeecciissiioonnss ooff ggoovveerrnnmmeenntt oofffificciiaallss and Jamaica is ranked 136 out of 139 countries

for BBuussiinneessss ccoossttss ooff ccrriimmee aanndd vviioolleennccee.. We are scraping the bottom of the

global barrel and it is patently obvious that the country and society needs a

game changer to break out of our present trajectory.

A pointer to an approach for improvement can be found in our own home-grown

management of the rapid evolutions in the commercial marketplace. An analogy

based on the commercial markets and how private institutions adapted as

markets grew, morphed, and evolved in Jamaica is instructive. Contrast the

period before deregulation and liberalisation versus the post-liberalisation

period. Prior to deregulation/liberalisation significant sectors in the marketspace

were dominated by monopolies and duopolies limiting choice, limiting quality

and not meeting customer requirements. They persisted because of historic

preferential rules and inertia to effect changes. The JLP and PNP are a classic

duopoly; they have grown disconnected with their markets; their wares belong

to another time and generation; they are neither fast nor nimble enough to

respond to the rapid societal, global, economic and political changes taking

place around us; in many ways they are cartel-like in their shared positions to

the exclusion of the consumers in the market. In many ways they are victims of

the historic rules. They, like all social institutions striving for good fit and

relevance in their environment, need constant re-invention in order to survive in

this time. To the extent that they are slow or stagnant, then to that extent the

country and society are also slowed and stagnated as we are tightly bounded

to them under the present rules of the game in the political marketplace. The

strong evidence also is that, because of path dependency, institutions are least

likely to inflict radical reforms on themselves even where changes are obviously

in their best long-term interests, political parties not excepted. The much

vaunted General Motors from the commercial space is a case in point; locked in

their own world unable to adapt quickly to the environmental changes swirling

around them because of historic, internal, institutionalised biases in

organisational and individual behaviours only to be rescued from itself by

others. The political marketplace is not immune from the dynamics buffeting

the other institutions of society locally and around of the globe.

What are the lessons from our commercial past that might help our search for

solutions in the political marketplace? Back in the days, when time moved slowly,

people were less demanding and choices were limited, we had two radio

stations, one television station, one telephone company, one newspaper,

one beer, one university. Choice was restricted and constrained but the society

back then tolerated the status quo as our demands were more or less satisfied

by the prevailing institutions.

As we became more sophisticated and more discerning as a people and

society we became more conscious of qualitative differences in what we

received as products and services and we grew more demanding for quality

products and services. We have also seen that open competition and wider

choices are associated with the delivery of these qualitative improvements.

Open competition invites new entrants with their innovative methods and

approaches. Incumbents step up to the plate or exit the marketspace. The

expansion of the telecoms market is a ready case in point. More choices, more

quality. The rules of the game that effectively confined voters in our political

marketplace to JLP and PNP was for the simpler times of the past but are not

suited for the needs of the vibrant, sophisticated, discerning, Jamaican people

of today.

The political marketplace needs deregulation and liberalisation so as to be

opened up for new ideas, new thinking, new governance approaches,

new leadership and for the true patriotic statesman-politician to get real

opportunities to emerge from among the partisan crowd. It also needs a

mindset that pro-actively seeks to make Jamaica leap-frog into the future by

breaking free of some of the ties that binds us to past failed approaches.

Charles Darwin reminds us that “It’s not the strongest of the speciesthat survives, nor the most intelligent but the one most responsiveto change”

Some ideas for refreshing the political marketplace and which the people

should be given an opportunity to give their voice to in a referendum before

the 2012 elections;

a. Convert the Office of the GG to an Office of the President (ie an

unelected Head of State) to function in much the same way as present,

except for (1) replacing allegiance to a UK Monarch to an allegiance to

the people of Jamaica and (2) repositioning some key non-partisan state

institutions under the Office of the President.

b. Reform the Electoral Commission to assume wider state governance

roles in order to oversee the reform of the entire political marketplace.

The new commission should constantly monitor the dynamics of societal

requirements and craft effective responses. Its membership should be

expanded to include more civil society representation. It would be an

agency of the President. Another analogy from the commercial space;

one of the successful and effective institutions created during the

commercial liberalisation period was the Fair Trading Commission (FTC)

whose remit was to be an independent arbiter of commercial rules

violations. Business was too important to be left only to

business-persons.

c. make the post of PM be subject to a direct vote by all Jamaicans; with a

DPM as a running mate. PM and DPM to be accorded non-partisan seats

in Parliament, post-election. De-couple the post of PM from any local

constituency

d. make posts of PM, DPM and MP’s be subject to recall by the population

for breaches of office

e. Make executive to be comprised of a Cabinet selected by PM from the

best Jamaican patriots available, qualified, able and willing to do

selfless service on behalf of their people.

f. expand the numbers in the Lower House. Make MP’s be primarily

focused on (1) their constituency representation and (2) law-making in

the legislature. Recent comparative study highlighted the lack of time

spent by the Jamaican legislature on law-making compared to other

jurisdictions and the severe negative effects that had on through-put of

Bills. We need to create the space for more time to be dedicated to this

arena.

g. Expand and empower the Committees of Parliament to strengthen its

various oversight functions and serve as an independent check and

balance on the Executive.

h. reform the present local government structure. MPs are de facto local

representatives; expand and support that role. Give MP’s seats and

voting rights in Parish Councils. Reduce the number of Councillors and

concentrate Councillors representation to the urban heavily populated

parish capitals. Extend Parliament’s out reach to constituents by

building and staffing well-appointed Constituency Offices for each

constituency for citizens to have direct access to MP’s in their locality

to voice local issues.

i. introduce term limits for all public offices as a way of refreshing and

renewing the peoples representation. Evolve a role for the wisdom of the

counsel of elder states men and politicians to be leveraged as trustees

and advisers in the background

j. institute full open disclosure for campaign financing for political parties

k. empower the Integrity Commission of Parliament to vet and approve all

candidates as fit and proper prior to consideration for service.

l. have Parliament institute formal mandatory training programmes for

potential political candidates at the constituency and national level to

cover areas of global economic and global management issues,

The main ideas outlined have been part of our public discourse in Jamaica

since 1995. We have debated and re-debated these ideas extensively over

the years without conclusion; within and without Constitutional Commissions.

There is broad consensus and agreement on a lot of the key points. Events

since 15 years ago have reinforced rather than reduced the urgent imperative

for change and adaptation in the political marketplace. These rule changes

will give the citizens a greater voice in the form of their government, improve

the democracy, broaden choices, strengthen the quality of governance,

strengthen the political parties qualitatively and increase trust in officials

elected to act in the interest of the people and country. Decisive pro-activity is

now needed as opposed to another 15 years delays and stagnation.

Let the stalled constitutional reform debate begin again in earnest.

Silburn Clarke FRICS