The Unilateral Declaration of Chan Law - Pt 1

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Rawlston Pompey

Wednesday, 30 May 2012 02:29

By Rawlston Pompey

Minister of State Honourable CHANLAH CODRINGTON had studied Black history and had always celebrated its commemorative month.

He was aware of the unrelenting struggles endured by his forefathers many centuries ago. He knew that there was thievery of African people by the Europeans. Such act has now been criminalized in civil societies as “…HUMAN TRAFFICKING.” He knew now what happened then. It was horrible as it was despicable- the inescapable- “…captivation stripped of natural and human rights; …indignities of being sold and treated as expendable property; …deprivation of freedoms and liberties; … dwelling in dehumanizing conditions; …cruel and inhuman treatment.

ARISING FROM SLAVERY
Then followed the constant abuse, cruelty, brutality, the untold human suffering, misery and the incessant “…Cries For Freedom.” These were not enough to prevent the slave owners/masters in setting about plundering the nation of its limited resources, leaving a legacy and state of wretchedness. These arose out of the conspicuously offensive act of   “…SLAVERY.” Then came the rebellious struggles for “…FREEDOM.” These came with a price; “…the ensuing emotional torment; …agony and mental pain; …destruction and ultimately death. Then came a glimmer of hope in 1834, that saw two Declarations- “…Abolition of Slavery and …Emancipation” from it.

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One hundred and fourteen years later-1948 came the “…Universal Declaration of Human Rights.” Such Declaration,” suggested that all men were to be “…Free with a right to determine their destiny; …to be accorded with human rights; …to be treated fairly, equally and with dignity.” Though not specifically articled in the Declaration, it provides for among other things,”…Freedom to access the nation’s beaches without hindrances, obstacles or obstructions. Minister of State CHANLAH CODRINGTON was aware of the atrocities that had led to these declarations, and clearly not intended to contribute to more atrocities, indignities and human suffering, he decreed his own Law.

GIVE ME LIBERTY OR GIVE ME DEATH
Renowned social commentator, SIR MAC LEAN EMANUEL, fondly called “…King Short Shirt,” once sang “…Give me Liberty or give me death.” He wanted liberty equally as much as he wanted to be free in expressing himself, and freedom in moving about his lawful business and that of recreational pleasures. Such may very well have been the single-handed stance taken by Minister of State Honourable CHANLAH CODRINGTON in ensuring that all Laws, including the newly introduced “…CHAN LAW,” shall be enforced upon a moment’s notice. Thus, failure in protecting and preserving traditional practices and the citizen’s way of life, restrictions to their freedoms, such Law, with immediacy, shall take its course.

DECLARATION
On May 23, 2012, the Minister of State boldly, but covertly under the cover of darkness made a “…UNILATERAL DECLARATION OF CHAN LAW.” Such covert action appeared to have caused serious concerns to property Developers and immense difficulties to Cabinet colleagues, specifically, Agriculture Minister Honourable HILSON ‘Brother B’ BAPTISTE.” Known for his unrelenting display of adamancy and unapologetic and unrepenting for expressions bearing characteristics of actor EDDIE MURPHY, the surreptitious “…DECLARATION” and demolition of a restrictive gate, may have come without warning, suggesting, among other grave citizen’s concerns, ministerial disunity or executive miscommunications. Offering very sparse explanation, he appeared to have been choked into almost “…total vocal quietness.

TRANSPARENCY
Though the Oath of Secrecy dictates that some discussions involving public affairs may be held secretly, it was expected that decisions likely to affect “…public policy and public interest - their freedoms and quality of life, always necessitate “…TRANSPARENCY.” In such absence, decisions taken covertly may lead to avoidable suggestions and/or speculations of malfeasance. The recent media disclosures by Agriculture Minister Honourable HILSON ‘Brother B’ BAPTISTE and Chief Town and Country Planner FREDERICK SOUTHWELL, respectively quoted “…The Developers apply for permission and WE gave them permission;” ….No one came to seek my assistance,” may have given the citizenry reasons to believe that “…ALL IS NOT WELL” [Trevor King Zacari].

MATTERS OF STATE
Minister of State Honourable CHANLAH CODRINGTON had not only done the unthinkable, but the unbelievable. Though he may never be accorded “…late residency” at Tomlinson, Minister of State CHANLAH CODRINGTON, like many who had fought for freedom, in the hearts of the citizenry, had been considered a “…Freedom Fighter.” For his unprecedented stance, the late National Heroes SIR VERE CORNWALL BIRD and SIR GEORGE H. WALTER may have emerged from the quietude of the sparsely populated Heroes Park and the seemingly infrequently visited and unkempt graves. They may have done so; …leaving hatchets buried; …extending greetings with amicable handshakes; …yet glaring suspiciously in fixation, reminiscing over the 1968 and 1971 turbulence they had engineered against each other during their respective administrations. They may have also grudgingly smiled at each other with contentment, while gently nodding heads disapprovingly over the innumerable “…MATTERS OF STATE” that were of critical importance and serious concerns to the helpless and hapless citizens.



ACTIVITY UNUSUAL
Seemingly moved by public outrage and energized by patriotism, the Minister of State felt obliged that there had to be free access to the public beaches at Pearns Point, said to be under “…lockdown.” Mere hours into a moonless night, saw the warmth of the day’s tropical sunshine was being cooled by the gently blowing tropical breeze. The nocturnal sounds filled the dark night, interrupted only by the sound emanating from a demolition crew using a chain saw. It was not only “…ACTIVITY UNUSUAL,” but also unusual for a Member of the Legislature to be engaged in a clearly illegal act in the demolition of an illegally erected “…restrictive gate.” This was said to have impeded public access to the beaches had been effectively cleared to allow for free access.

ENFORCEMENT OF CHAN LAW
Other than the electronic media reporting of the incident, there was no public viewing, thus there was no drama and excitement. Nonetheless, enforcement of “…CHAN LAW” had reportedly provoked anguish and/or consternation in public officials who may or may not have been aware of the gate’s erection.  Contrastingly, enforcement of the newly unofficially declared “…LAW,” had seemingly met with overwhelming public approval, spurring instantaneous jubilation in the citizenry across the divide. In a jiffy, it was all, but over. There was much heated debates over the questions of “…Legality or Illegality,” not of the LAW, but of his actions. Until the night of the incident, Minister of State Honourable CHANLAH CODRINGTON was a “…LAWMAKER.”

NOBODY GO RUN ME
For Attorney General Honourable JUSTIN SIMON QC, CHANLAH had acted “…ILLEGALLY,” exercising powers that appeared not to have resided with him, neither as a Minister of the Crown, nor a Member of the House of Representatives. There has always been “…Separation of Powers” between the “…Executive, Legislature and the Judiciary.” Thus, short of being armed with holstered guns and riding tall on a saddled horse through the sleepy village of Jennings, “…CHANLAH had become a self-styled “…OUTLAW.”He was likened to King Short Shirt’s famous social commentary “…Star Black the Ranger in town.” He had championed the cause of humanity, more specifically, freedom of movement. Had he considered himself as such character, then he must have taken comfort by singing another of his songs “…Nobody go run me from way me come from ; …This land is enough for all to share and no man must live in despair.” That may have applied to free access to any of the nation’s 365 beaches.

LEAVE CHAN LAW ALONE
In view of those developments, while citizens were awoken to the controversial “…Unilateral Declaration of Chan Law,” public officials appeared to “…have been accorded a “…rude awakening.” The enforced Law arrived like a “…Thief in the night,” placing public officials on edge. It took immediate effect in ways that may have marvelled Attorney General, Justin Simon QC and may have troubled those with responsibility for Finance and the Economy and Tourism. More significantly, it may have been sufficient to alert National Heroes SIR VERE CORWALL BIRD and opposing counterpart and fierce political rival, SIR GEORGE H. WALTER, that CHANLAH CODRINGTON had followed a legacy of courage and radicalism. He had “…caught their fighting spirit.” “...It might not have been surprising to hear SIR VERE say to SIR GEORGE “…LEAVE CHAN LAW” alone; …You had done more radical things including the enactment of the “…Public Order Act of 1972, restricting the people’s right and freedom to march.”

LAW DEFINED
A definition ascribed to Law was “…A rule of human conduct enforced by the State   through the Courts of Law.” Thus, Courts have recognized the Common Law equally as much those enacted by Parliament. These were to be enforced through the Courts guided by “…Judicial principles; …processes and procedures; …application and interpretations in making determinations and/or informed decisions in the administration and dispensation of justice. Criminally enforced Laws were to be executed by professionally trained Law enforcement personnel, through well established and reputable agencies; “…NEVER” to be enforced by Members of Parliament or those comprising the “…Executive Arm of Government” or by public officers operating in “…an administrative capacity.” Such, is the defined role of Law enforcement agencies.

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CONSTITUTIONAL GUIDELINES
Consequent upon the attainment of political independence on November 1st 1981, in achieving national sovereignty, Antigua and Barbuda was provided “…CONSTITUTIONAL GUIDELINES,” for among its administration, “…effective and good governance.” This was to be delivered by those who may have been elected or appointed to serve the nation, protect the national security and economic interest and “…fundamental rights, freedoms, liberties and justice for the people.

CONCEPT-JUSTICE
These were not only necessary for the guidance of adjudicators - Judges, Magistrates and Courts, and accordingly interpret for the proper administration and equal dispensation of the concept called “…JUSTICE,” but also safeguards by public officials. More importantly, they were designed for orderliness, harmonious relations and cooperation among the citizenry and those who governed. While there may have been administration and dispensation of justice, many victims and/or aggrieved parties    and members of the wider community may contend, rightly or wrongly, that they have yet to experience the “…ACTUALITY of good governance, freedom and equality of justice.”

PROTECTION AND PRESERVATION
Few public officials may have had the “…vision and courage; …few with the grit and will;   and few will have savored the moment in demonstrating a commitment and deep sense of purpose,” necessary to allow for the “…PROTECTION and PRESERVATION” of the Fundamental Human Rights, Freedoms and Liberties of the Individual. In endeavoring that the“…Traditional ways of life” and freedom of access to the several public beaches are maintained,” few may have individually taken the risk within the same grouping in ensuring that precedence shall be established and that the liberties and freedoms of the citizens, shall prevail over other considerations, including “…Economic Expediency.”

THE INTRODUCTION OF CHANLAH
Even without Executive authority and/or Parliamentary approval, “…CHAN LAW,” as in the case of any other Law- Common or Statutory, was to be introduced and enforced, irrespective of  economic conditions or repercussions of persons likely to be affected, or interpretations of those with distinctive letters “…QC” behind their names, or with “…B” to commence both their Christian and surnames. Tenacious and pragmatic, the Minister of State, had exhibited a deep sense of purpose and a determination that there “…SHALL” be freedom of movement and/or unfettered access to the nation’s prized beaches.

PUBLIC TREACHERY
Thus, anyone, including public officials was suspected of “…PUBLIC TREACHERY” or showing contempt as to be defiant, they would be reached by the “…HAMMER” of “…THE INDOMITABLE CHANLAH.”  While “…CHAN LAW” may be enforced with some degree of moderation, it was designed for enforcement not only with an element of surprise, but also with“…situational radicalism.” Thus, there shall be no obstructions, restrictions or derogations of the “…fundamental rights and freedoms” of the citizenry affecting the right to access public beaches.

FRAMERS ANTICIPATION/KNOWLEDGE
The Framers of the Constitution “…ANTICIPATED” that there may be people who may seek through “…selfishness, avarice and/or aggrandizement, carefully disguised in circumstances that may be easily perceived as deception, manipulation. The not so clever may employ coercive strategies, in influencing others with clearly defined roles, functions and “…line authority” in acting against professional ethics and the “…people’s interest.” The Framers “…KNEW” very well that those who understood their roles and functions and stood for principle may exhibit “…fearlessness and decisiveness” in seeking to protect the people’s and national interest.

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WHAT CHANLAH KNEW
They also “…KNEW” that “…an independent-thinking few” may take calculated risks in endeavouring to protect their own positions, reputation and image, when circumstances dictate, to the extent of using means that may appear bordering “…Stupidity, Legality or Illegality.” For Minister of State Honourable CHANLAH CODRINGTON, he appeared to have demonstrated, not what the Framers ANTICIPATED, but just what the Framers “…KNEW,” that he would be an independent thinker, courageous, firm and decisive. The Minister of State also “...KNEW” that some colleagues may “…tread where angels fear” and that out of expediency, those who may wish to exercise authority not residing with their areas of responsibility, it might be necessary to have them subjected to an authority to be called “…CHAN LAW.”

OFFICIAL RESPONSIBILITIES
Minister of State Honourable CHANLAH CODRINGTON, an elected Representative of the people, serving in a unique capacity where he felt obliged not to allow “…SLAVERY TO COME BACK,” as suggested by social commentator “…Young Destroyer.” He had been, electorally given a mandate to serve the citizens, and had assigned to him Ministerial responsibilities for two Corporate Statutory Bodies:- “…Physical Planning Authority (PPA) and the Development Control Authority (DCA).” Among his official duty was ensuring that “…no impediments were to be erected,” as to effectively prevent public access or the freedom of movement of people to the nation’s 365 public beaches.

TRANSPARENCY/ACCOUNTABILITY
Framers of Constitutions knew that if “…good governance” were to be conducted as the citizens had mandated and expected elected officials to do, it necessarily requires both the “…collective responsibility,” of the Executive, Legislature and Judiciary. They knew that “…transparent functional approaches” in their dealings in all public affairs, were critical to public perceptions and cooperation. The Framers also knew that Ministerial responsibilities had to be clearly defined, if personal conflicts may be averted and unity of purpose was to prevail. They also knew that some responsibilities may be shared and that those assigned with certain responsibilities were to be held accountable for their “…individual and collective stewardship.” Thus, from the citizen’s perspective, the behavior of public officials SHALL pass the litmus tests of “…TRANSPARENCY and ACCOUNTABILITY.”

ORDER OF BUSINESS
Included among the Administration’s “…ORDER OF BUSINESS” was providing an enabling environment, conducive to promoting and encouraging respect for the Law. Then there was the critical need for practicing the principles of democracy; …inducing obedience; …patriotism and cooperation,” premised on the Constitutional arrangements that there will be “…Protection of Fundamental Rights and Freedoms of the Individual” [Chapter II: Section 3]. These, when infringed were to be accorded protection of LAW to be achieved through stipulatory legislative “…Rules; …Regulations; Codes; …Precepts; Procedures and Processes.” Hence, there had to be allegiance, respect and obedience to the Law, no matter how introduced, controversial or enforced. This include the contentious “…UNILAERAL DECLARATION OF CHAN LAW.”

RULE OF LAW
Though citizens, invariably, may have been forced into contrary perceptions of governance, it was expected that it may not only be conducted along democratic principles and administrative policies, but also by the very critical “…RULE OF LAW.” This was premised upon the need for “…public participation and/or inclusion.”  Additionally, there “…SHALL” be adequate public sensitization or awareness, particularly on matters likely to affect their freedoms or the enjoyment of certain fundamental rights and freedoms, and ultimately the quality of life. Consequently, democratic leaders need only the confidence, assurance and the “…WILL” of the people.

ILLEGAL IMPEDIMENTS
None may deny that there has been evolution in the Law, and none may deny that there has been “…Revolution” in its execution. These contentions may be seen from the recent introduction and dramatic enforcement of the un-legislated “…CHAN LAW” and resultant devastating effects. Such Law, speaks only to one object “…DEMOLITION” of “…ILLEGAL IMPEDIMENTS” to citizens and the denial of freedom of access to public beaches at convenient times. Before the “…UNILATERAL DECLARATION OF CHAN LAW,” there had been other Laws. For instance, many centuries ago, as societies and human behaviours change, the “…LAW” has evolved into several aspects.



EXISTING LAWS
The Laws of Antigua and Barbuda had been the derivatives from a “…Common Law Practice,” originating in the United Kingdom many centuries ago. Such legal Practice was supplemented by “…Statute Law,” enacted through the legislative processes. The nation under British Colonialism up to the granting of the status, “…Associated Statehood with Great Britain in 1967,” was governed by such Laws. At the termination of that status and the attainment of political independence on November 1, 1981, the “…Existing Laws” were to be retained. The Constitution Order, Schedule II states “…The existing Laws SHALL from 1st November 1981, be construed with such …modifications; …adaptations; …qualifications; …exceptions as may be necessary to bring them into conformity with the Constitution and the Supreme Court Order.” This provision, if tested in a Court of Law, may make “…CHAN LAW” “…Null and void and of no legal effect,” as it may have ultra vires the Constitution

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