Tuesday, June 16, 2015

              A BRIEF OVERVIEW OF THE CONSTITUTIONAL PROCESS.
Its interaction on the local and International arena and its connection to the UK's agenda on the international and UN front.
Montserrat one of the last remaining Colonies of the faded "empire" on which the Sun never sets.
The last time I posted here some few years ago, the overview for political progress and constitutional reform was still on the table.
The UK government with its agenda based on its 1999 White Paper, which was quite explicit about their world view and where they saw themselves, was still at the forefront of the internal discussions.
From 2002 until 2006 the UK and its local lackeys and gatekeepers, did their utmost to document events to fit their agenda.
The Constitutional Review, the first phase, designed to fulfill the UK's agenda still had many huge footprints in it that reflected the underlying desire of the People of Montserrat.
The government of the day made a momentous decision to include the entire Legislative Council for the second phase of the exercise.
The UK's position was made clear by its negotiators.  Certain areas of the existing "constitution" were not open to discussion or change.  Specifically, the extraordinary powers of the Governor. Certain topics would not be introduced because from the UK's perspective, they were no longer relevant. Specifically the Right to Self Determination through the avenue of Free Association.
At this point in the negotiations the Government of the day understood what was taking place.
The UK needed a finished document. One that was vetted by the government of the day and passed in the House of Parliament. Their target date 2010. The end of the second phase of the Committee of 24 (Decolonisation Committee) mandate in the United Nations.
Keeping the process in Council with a Constitutional Committee responsible for periodic reports to the House kept the process alive, and the UK negotiators in check. 
A preamble that reflected past, present and future. 
The constitutional authority for a Minister to run a Ministry.
The Right to be  Self Governing as a basic Human Right.
The right to Self Determination as a  way forward.
The establishment of an economic program to remove the subsidising of the recurrent budget.
The removal of the onerous Grant-in-Aid regime controlling government finances.
The excessive powers of the governor deemed untouchable.
These and many more topics kept the negotiators in check.
Over those four years the UK's negotiating team made many reluctant concessions as they attempted to forge a final document for government to vet.
However, no document was finalised, and the 2006 elections took place.
In that election, the government of Montserrat, unfortunately lost its way in the constitutional process, as its chief internal negotiator was not returned to Parliament.
The 2006 elections brought into office one of the strangest coalitions in the devolving process that is called "politics" and "elections" in Montserrat.
Of the nine seats contested, the incumbents won 3 seats. One opposition party won 4 seats. One opposition party won 1 seat and an independent candidate won 1 seat.
With no power base, the opposition candidate that won the one seat was allowed to form a coalition with the incumbents and the independent candidate. 
With no power base, the member that won only one seat became Montserrat's Chief Minister.
Needless to say it did not take long for this marriage of convenience to self destruct.
Not satisfied, he dismissed his Ministers and invited the opposition to cross the floor.
This they happily did, and a second coalition government was formed.
This too , did not take long to self destruct. Serving only 3 years of a 5 year term the Chief Minister dissolved Parliament and elections were called.
During those erratic 3 years, the constitutional process went into limbo, and all the concessions and documented agreements disappeared. With time still on their side to implement their agenda the UK negotiators had no problems suspending the negotiations waiting for a more opportune moment and a more malleable Council.
The 2009 election returned an old UK ally to power. 
It appeared to be overwhelming. In reality, the fault was the inability of the opposing party to field a viable team. The 2009 elections were won in effect by default.
Regardless they held 6 seats, and independent candidates with divergent and often opposing views held the other 3.
Immediately, the constitutional process was revived. The watered down Preamble with only a few small footprints left in it after its torturous journey through Council still irked the UK.
Its removal and rewriting signaled the end of any benefit for Montserrat in the process.
With no continuity, from 2002-2006 period to negotiate for Montserrat, the UK  negotiators wiped the slate clean, and began the process anew.
The Government of the day willingly collaborated. 
From that point on the government of the day and the UK negotiators were in lockstep on the constitutional issue.
Whatever the negotiators wanted they received with no resistance.
The majority of the elected members of the parliament were clueless on the issues involved.
The opposition in the House showed little interest or awareness.
The government of the day did as it pleased irregardless of the impact of its decisions on Montserrat's future.
2010 the UK's original deadline passed and the final document was still not complete.
With the end of the second phase of the United Nations mandate on decolonisation approaching, the Chief Minister attended an annual Decolonisation Committee meeting, and 
unilaterally announced Montserrat's desire to opt out of the Decolonisation process.
Naturally, the reaction was extremely strong when he returned home.
With no mandate from the people on the issue the Chief Minister demonstrated his willingness, to satisfy the UK's agenda irrespective of the historical and documented position that Montserrat recorded over the years at these meetings.
In 2010, The United Nations, recognising that its Deolonisation Mandate was still not fullfilled extended the Mandate once again.
The gambit to close the book on Montserrat's colonial position vis a vis its Administrating Power at the UN was not finalised.
However, the final finished signed sealed and delivered document was still on the table and very much within the UK's grasp.
In 2010 September, the Government of the day passed through the House the final watered down version of the new "constitution" for Montserrat.
Once again the People reacted to no avail.
From this writers perspective, changes were superficial. The UK got all that it wanted, the People of Montserrat got nothing.
None the less, in the international arena, and at the UN, the Administering Power can claim that the document was the end result of a long process of negotiation.
In effect, it was a brief 3 years with a total capitulation by the government of the day to the wishes of the UK.





  



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