The Emergence of Societal Lawlessness

Details

Rawlston Pompey

Tuesday, 22 May 2012 02:30

By Rawlston Pompey

When the late NOVELLE RICHARDS composed the National Anthem in 1967, “…Fair Antigua, We Salute Thee,” he implored the citizenry to commit “…Ourselves to building a nation Brave and Free. He wanted a nation of men and women who were to be as brave as they were to be free.”

However, he knew that for this to have materialized in any meaningful way there had to be fundamental changes to attitudes and behaviors. He also knew that without these factors at work in an enabling environment, it would have been virtually impossible for the citizens to “…Dwell in Love and Unity.” Since laid peacefully to rest, some citizens appeared “…Ever Striving, Ever Seeking” in creating and fermenting “…divisiveness; …disharmony, strife, enmity and encouraging lawlessness” within the wider society.

BEHAVIORAL TRENDS
These situations, though expected in most societies, they were particularly evident in the behavior of some public officials, whether elected or appointed. Thus, experience has taught that some had become offensively arrogant; …overly officious and aggressive; …some heartless; …some senseless and tactless; …others appeared provocatively and egregiously ruthless and reckless. These, therefore, with some degree of consistency, reflect some of the harsh realities facing many law abiding citizens, suggestive of disturbing behavioral trends and societal shifts. These have often led to individual, organizational, communal and societal lawlessness.

ATTITUDINAL CHANGES
The attitudinal changes and/or traits are not only characteristics of the human psyche, but are also reflective of the human nature and situational responses to economic, social and political conditions. Invariably, these are void of a spirit of brotherly love, consideration and/or compassion. These were said to have been influenced by circumstances of life, irrationally internalized and energized by the mind as the center of thought and behavior.

CHANGIN SCENES OF LIFE
Thus, as time passes, civil society evolved and the “…scenes of life change” impacted negatively on societal mores and values. Sometimes these experiences come drastically or dramatically. Sometimes these have produced frightening and devastating consequences of grief and sorrow. Amidst the drama and experiences, the advent and relative ease of access to information and technology has made it possible for mankind to become more enlightened, informed and educated.

TECHNOLOGICAL ADVANCEMENT
With such technological advancement and certain influences, it was expected that mankind would be more receptive to the circumstances, ideas, thoughts and feelings of others and grasping the opportunities they bring. It was also expected that man would become more “…civil and obliging, appreciative and responsible” in thought, word, deed and behavior. Unfortunately, some of mankind had displayed conduct of the kind not associated with considerateness and/or the love of humanity. Others have developed attitudes that have led to apathy, selfishness, treachery, divisiveness, animosity and some, to self-destruction. From these, compounded by the socio-economic and political conditions, strife, chaos and confusion permeated societies, disorder and lawlessness become more widespread.

IVOR FORD’S REMARKS
As much as he may have been seen as partisan, it may also have been perceived that it was for reasons of promoting a deep sense of patriotism that selected radio talk shows contributor, IVOR FORD had often remarked “…This is a nation of laws.” The Constitution Order 1981 stipulates that one of the founding principles of an independent, sovereign and democratic nation of Antigua and Barbuda was the “…THE LAW.” Undoubtedly, he may have   observed constant breaches, either with impunity or with “…reckless abandon.” Thus, he had been moved him to plea for self-restraint and respect. Hence, it may also have been seen as a genuine concern for the “…Rule of Law” to prevail within the nation.

RULE OF LAW
Viewed objectively, however, IVOR FORD’S remarks may very well have been prompted by a keenness and desire in helping with “…public sensitization; …promoting among public officials and the citizenry responsible and acceptable standard of behavior, thereby showing obedience and respect for authority and more specifically respect for the “…LAW.” Consequently, he had admonished and implored both the law abiding citizens and the lawless to show respect for the law. Such disregard for the Rule of Law not only appeared to have been displayed by the ordinary citizens, but had also manifest itself among certain public officials, themselves -Law Makers. These may have been seen from the irrational and erratic actions of a small minority.

Molwyn Takes up Cell Tower Issue Antigua St. John's - Senior Member of the Antigua Labour Party (ALP) and Member of Parliament in St. Mary's North Molwyn Joseph has taken up the proli... read more

STATE SUBJECT TO LAW
There may be many among the populace who felt that they were, and may not be amenable to the Law. Clearly with a false sense of perception, some had displayed vexatious arrogance, equally as much as some had shown utter contempt for Law. Framers of the Constitution saw much more than a “…NEED” for order in civil society and its members. Thus, such need was to be premised upon the prevailing “…RULE OF LAW.” The founding Constitutional principle obligingly and emphatically states “…The people of Antigua and Barbuda recognizes that the law symbolizes the public conscience; …that every’ citizen’ owes to it an undivided allegiance not to be limited by any private views of justice or ‘expediency’ and that the …State is subject to the LAW.”

THE LAW DEFINED
Speaking to the Law, British Jurist, Judge,  Professor of English Law, SIR WILLIAM BLACKSTONE KC [1723-1780], defines it as “…A rule of conduct by a superior (Legislature/Parliament) by which an inferior (citizen) is bound to obey.” Thus, those who may fail to discharge a civic duty of obedience may face consequences of prosecution (criminality) or litigation (civil wrong). Frequently, while public officials appeared to have brazenly flouted the Law and go “…scotch free,” the hapless vulnerable citizens were forced to face the “…heat” generated by the Law and the consequences dished out by the system of justice.

COURTING LAWLESSNESS
Recent developments within the nation have suggested that Antigua and Barbuda, a sovereign and independent nation; …founded upon principles of democracy, had seen some citizens and public officials “…overtly and covertly”  “…COURTING LAWLESSNESS.” The observant law abiding citizens have argued that before one incident of lawlessness had been closed, another had quickly emerged. Some observers believed that such cultural shift could be the deciding factor in influencing renegade members and defiant public officials down a path that may lead to a lawless society. When a St. John businessman allegedly removed a portion of a “temporary construction barrier” in facilitating ease of access to patrons and members of the public, such was deemed an act of LAWLESSNESS. Ironically, when Legislators committed similar acts, such was hailed as acts of “…heroism.”

GABBY SAY JAH SAY
When Barbadian social commentator ANTHONY CARTER “…Mighty Gabby” chided his nation’s leaders that “…Jah say the beach belong to we,” he had seen a developing trend whereby indigenous citizens had been impeded or excluded from enjoying the use of the white sand beaches. Claiming personal ownership, he repeated in a chorus “…GABBY say the beach belong to me.” Not only had Minister of State Honourable CHANLAH CODRINGTON repeated what “…GABBY” and other like-minded people had advocated, but had followed exactly what the late National Hero SIR VERE CORNWALL BIRD, during his administration had actually set as precedence.

ACCESSING PUBLIC BEACHES
Some citizens appeared to have been brainwashed into falsely thinking that they were a LAW unto themselves. Some have sought to impose their will upon others across the society. For the vast majority of citizens, their primary concern was the “…Rule of law.” Thus, the law abiding appeared to have been in a state of worry over the apparent fast pace with which civil societies across the globe have been degenerating as to be developing into cultural lawlessness.  There was violence everywhere; …anti-social, immoral and reckless behaviors of every kind. Invariably, these behaviors were displayed for both justifiable and/or legitimate causes. Incidentally, “…FREEDOM IN ACCESSING PUBLIC BEACHES,” though not necessarily for promoting lawlessness, had been widely seen as one of the justifiable and legitimate causes for affirmative action.

ILLEGAL IMPEDIMENT
Not infrequently citizens had been forced to complain of “…ILLEGAL IMPEDIMENT” in the way of free movement and access to the public beaches. Not infrequently had public officials appeared to have ensnared themselves in awkward situations. In most instances, they had been awkwardly caught endeavouring to appease both developers and citizens. For one public official, he was prepared to ensure that obstruction to the public beaches may exist in the minds of those with the gift of imagination. In his estimation, reality and in a well functional society, without restrictions at any time-“…morning, noon and night,” the citizens ought to be free in accessing and enjoying all of the nation’s 365 beaches. The Physical Planning Act No.6 of 2003 provides safeguards for such access and enjoyment.



HAMMERSTEIN MENTALITY
In the instant “Pearns Gate Saga” a “…Hammerstein Mentality” had been evident. For an understanding, Online research showed that German General KURT VON HAMMERSTEIN [1878-1943] was known for a “…reputation of independence and indolence” and “…renowned for cutting displays of disregard.” He had reportedly placed several military personnel in the category of “…Stupid and Industrious.” Since he had determined that these personnel were harmful to his leadership, he called for their “…immediate removal.” Whether or not TENMAN may wish to relate the action of Minister of State Honourable CHANLAH CODRINGTON as consistent with the General, though he had demonstrated some degree of lawlessness, he had shown no evidence of indolence. Instead, the Minister of State had displayed a determined spirit, firmness in resolve, strengthened by a deep sense of commitment and sacrifice, comparable only to the late National Hero SIR VERE CORNWALL BIRD.

TRADITIONAL OF ACCESS
Parliament knew that the public had traversed over Crown land from “…time immemorial” and had sought to protect the public’s right of access, use and enjoyment. Parliament also knew that economic development may impact adversely on the citizen’s right of access to the beaches. Thus, in addressing anticipated difficulties Section 49 of the Act provides for “…public access” to ANY unoccupied Crown land with a required “…declaration” by the Governor General on the advice of Cabinet.” Thus, such was given a unique interpretation under Section 49 (6) as “…TRADITIONAL ACCESS.” Thus, it interprets such as “…Means peaceable, open and uninterrupted enjoyment for a period of twenty years.” This particular provision was intended to maintain the status quo of access to public beaches prior and subsequent to acquisition, ownership or leasehold to Crown land adjacent to public beaches.

NEGOTIATION OF ACCESS
The said Act, under Section 50 (1) made it abundantly clear that other than access by sea, “…there SHALL be at least one landward public access to EVERY BEACH in Antigua and Barbuda.” Section 49 (2) suggested other arrangements. It states “…In any other case, the “…MINISTER MAY NEGOTIATE” an agreement for such access with the owner or tenant thereof on such TERMS as may be agreed.” Where such negotiations were futile the Act stipulates that the Minister may refer to the “…LAND ACQUISITION ACT” in lawfully securing such public access in consideration of “…fair compensation” to the owner for that which was compulsorily acquired. Such provisions were intended to appease disenfranchised owners of adjacent land, and the elimination of friction, high-handedness and/or lawless behavior in public officials.

WIMPY EXCUSE
Empowered to perform certain functions under the “…Physical Planning Act No. 6 of 2003, Chief Town and Country Planner FREDERICK SOUTHWELL appeared to have been influenced to act in a role and traversed down a path that may have been far removed from professional ethics. Though admitted that there were discussions with requesting party for the erection of a restrictive gate, when the apparent demolition hammer of Junior Minister CHANLAH CODRINGTON with responsibility came, he was quoted as wimpily saying “…No one came to me and sought my cooperation.” Controversial, lawless or not, only the apparent errancy, adamancy and fearlessness, the decisive and uncompromising Junior Minister, who, in the dead of night, unilaterally engineered the effective removal of the “…infernal gate” appeared to have been of great significance to the citizenry. Though not so officially recognized, in the eyes of many, CODRINGTON was seen as a national hero, championing the causes of his fellow-citizens.

CONSPICUOUS ABSENCE
When the Honourable Prime Minister DR. BALDWIN SPENCER, seemingly moved by official disappointment over the “…CONSPICUOUS ABSENCE” of an appreciable number of Parliamentary colleagues, leading to an embarrassing “…premature abortion” of the evening Session of the 2012 Budgetary debate, the citizenry felt that he may not have made it sufficiently clear when he declared there were not “…nine governments” in his administration.” Cognizance of the operating environment, man’s frailty; his unpredictability and susceptibility to the influences, many people had contended that such incident may have been opportunely used in expressing deep intolerance, while displaying a decisiveness and resolve in keeping those who may have been “…adventurously inclined” under administrative control.

Veteran Artist Spreads Wings in Big Apple Antigua St. John's - You may remember Naydene Gonnella for her extraordinary work as the local artist who was made even more famous when her piece cap... read more

DISCRETE WAYS
Notwithstanding the Minister’s desire for “…freedom of access to public beaches,” the citizen’s view was that there were “…DISCRETE WAYS” of addressing vexed and sensitive issues, such as that which CARIBARENA had headlined “…GATE REMOVAL SPARKED CONTROVERSY” [May 18, 2012]. Thus, the Honourable Member must know that in the humble estimation of the vast majority of the law-abiding citizens, he may have crossed the border to incivility and in the view of many, brought the “…Executive arm of governance: …Cabinet; …House of Representatives and his office into disrepute. It might also have been prudent that he may have been apprised of the implications; “…legally, socially and economically.

CALLOUS ACT OF INDISCRETION
Then there were the issues of “…Investor confidence and the likely negative impact on the Hospitality Industry. These surely must be of concerns to the respective public officials, the Honourable Finance Minister HAROLD LOVELL and Tourism Minister JOHN MAGINLEY. Such may also impact the behavioral responses of other members of civil and wider society. Within close official quarters, many had concluded that the act of his personal supervision in the demolition of a “…legitimately erected gate,” was a “…callous act of indiscretion.” Many legal luminaries had described it as “…LAWLESSNESS.”

MINISTERIAL ERRANCY
Given the possibility for “…MINISTERIAL ERRANCY,” many law abiding and responsibilities citizens, rightly or wrongly believed that there was a particular need for “…checks and balances,” adequate enough in restricting those who may wander across the demarcated line of authority with “…reckless abandon and insensitivity.” Critics, therefore, believed that he might have stated emphatically that there was only “…One Prime Minister” and such shall prevail over less influential mortals, irrespective of affiliation, assignment or intellect.

DECISION-MAKING PROCESS
In spite of Minister CHANLAH CODRINGTON’S apparent brashness, he may not be easily removed from his position. Thus, it might be easier for the substantive Minister Honourable HILSON BAPTISTE to seek his cooperation and involve him fully in the “…DECISION-MAKING PROCESS,” thereby avoiding decisions that may spark internal frictions and precipitate future unilateral repetitive actions. The recent revelations through social media over the “…Pearns Gate Fiasco” and the questionable demolition actions of Minister CODRINGTON, though seemingly bordered LAWLESSNESS, might have resulted from the lack of communication between both Ministers and the apparent “…figurehead position” of Chief Town and Country Planner, FREDERICK SOUTHWELL.  Characteristically, known for his provocatively boisterous and forceful responses on matters of State and public interest, the deafening silence of DCA Chairman LEON ‘Chaku’ SYMISTER had also placed his position and functions under public scrutiny. Notwithstanding the inescapable official embarrassment, he may quietly “…smile at the storm seemingly brewing in a teapot.”

• < Prev
• Next >