Sunday, April 5, 2009

Montserrat Colonial History From Emancipation Until...

Overview.

This is an attempt to put into perspective an understanding, of the connection between Ethnic Slavery, Colonialism, the Constitution, and the ongoing process between the Administering Power, the Colony of Montserrat and the United Nations. One reason for doing this, is so that the People of Montserrat can have another approach to viewing what has happened to US from Slavery to the present and to determine whether what is happening to US presently varies very much, from what happened to US then. In order to do this, a specific starting point is necessary. The historical starting point is Slavery. Even though the history of our people go much further back than 1500, for the purpose of this exercise, 1500 will be the starting point.

Around the year 1500 Europeans began a peculiar type of enslavement, classified as ethnic slavery. The classification, came about because from the years 1500 to 1834 the europeans put in place a system called slavery, that targeted one specific ethnic group from the continent of Africa. Acquiring them by any means, they transported them across the Atlantic ocean, and sold them. The buyers purchased them as objects and used them to serve as a free labor force for their plantation and estate industries. It was this system of ethnic slavery that allowed Europeans to establish the empires and industries that make them the force that they are today.

For some 334 years, with the assurance that assimilation was impossible, this system of slavery was enforced through brutality and fear. After some 300 years, due to a convergence of contradictions in the military, social, political, and economic dynamics of the society the system of ethnic slavery collapsed. History states that we were emancipated in the year 1834. In other words in 1834 the Africans in the English speaking Caribbean were set free from physical slavery. This emancipation should have translated into free democratic self-governed states. For the next 31 years, however, between 1834 to 1865 there were many riots, revolts and disturbances throughout the newly emancipated regions, due to the fact that the former slaves were landless and penny less.

In 1865, the People of Jamaica were in open revolt. They were the majority. However they had no say so in the political system’s Legislative Assembly. They demanded land and the right to rule themselves.
The following year 1866, the british government came up with a response to the peoples request.
Throughout the region, Legislative Assembly’s were dissolved, and Nominated Assembly’s replaced them.
Under this system the crown assumed “absolute rule” over the colonies, and could delegate its authority to whomever it desired. This was called "absolute rule" of the crown.

Colonialism, implemented through “absolute rule” of the crown, was designed to insure that the majority of the people who now occupied the free territories would be controlled and administrated by their former slave master's through the authority of the crown. It still exists today. In those areas where ethnic slavery existed, colonialism became the replacement.
Coming , as a response to a genuine request from recently freed slaves to take charge of their own destiny, Colonialism, is Slavery’s Daughter.
So, Africans, recently freed from physical bondage, in 1834, began a new cycle in 1866 where the administrative authority of the crown, replaced slave master brutality and the exploitation of labour and resources continued.
The newly freed territories became crown colonies and all of the recently freed people became subjects of the crown. Administrative authority would be exercised by whom ever the crown choose.
In Montserrat, the same held true. The census of 1871 shows some 240 europeans to eight thousand Africans on the island. Still, like all of the other recently freed british territories, Montserat too, became a crown colony in 1866.
In 1936, 1956, 1958 and 1960 some minor changes were made to the colonial system, to accommodate attempts at central administration.
In 1989 for the first time in 123 years of colonial rule a written constitution, The 1989 Constitution Order came into force.
With very little consultation, at the same time that the populace was attempting to recover from the devastation of Hurricane Hugo, the british government enforced a constitution on the colony.
Collecting all the letters of patent and the other administrative controls that it used from 1866 up till then, they compiled them placed them all in one document and enforced it upon Montserrat.
There was very little in it, that deviated from the original form of colonial administration established in 1866.
As in 1866 when the crown decided to assume and implement its authority, so in 1989, the crown through HMG assumed and implemented its authority over its colony. Montserrat.

Anti-colonialism.
In order to clarify the connections, some understanding of the anti-colonial movement is necessary.
Soon after the Second European war, around 1945, colonies began to agitate against their colonial masters.
By the late 1950’s, some of these colonies had thrown off their colonial shackles and the momentum to end colonialism was brought to the United Nations.
In 1960, the United Nations issued a mandate to end colonialism.
The mandate stated, that by the year 2000, there would be no colonies left.
The mandate gave nations holding colonies, 40 years, to bring their colonies to a stable political, social and economic condition that would be conducive to self rule.
The mandate also stated, that there were no preconditions for self rule. If it was the expressed will of the people, no matter their condition their hopes and aspirations were to be complied with.
The british government refused to sign the mandate.
This, however, did not stop the momentum, and colony after colony gained the right to rule themselves, by various means.
Some, fought viscous wars of attrition, and others applied political solutions.
By 1971 with the number of colonies shrinking rapidly, the british brought a modified version of the 1960 Decolonisation Mandate to the United Nations.
The wording of their version stated, that by the year 2000, colonies should appear to be moving towards Self Determination.
Self Determination could be expressed in any one of three ways.
1) Outright Independence.
2) Associated Statehood.
3) Maintenance of the status quo.
By the 1970’s most of the larger colonies had either attained their independence, or were locked in a protracted and viscous struggle with their colonial masters to attain their independence.
So, most of the remaining colonies small island states whose population majority were not british natives.
Most opted for Associated Statehood and eventual independence. Unfortunately for Montserrat, leadership of that time did not feel that Montserrat was ready.
From the 1960 Mandate on Decolonisation, to the 1971 modified version presented by the british, right into the 1990’s, Montserrat has languished in its crown colony colonial status.
Being aware of the fact that the year 2000 was not far away and the United Nations Mandate on Decolonisation drawing near, and that there was not even the appearance of any move towards Self Determination by its remaining colonies, the british government issued a White Paper in 1999.
The paper covered the status of its remaining colonies, and the intent of the british towards those territories.
The Paper expressed the right of the colonies to Self Determination.
In connection to that right, the Paper promised Constitutional Reform in keeping with the peoples hopes and aspirations.
The White Paper stated to the colonies, that in return for them passing certain laws that would satisfy agreements that they had signed on their behalf british citizenship would be granted to the colonies.
The paper also stated, that if the colonies did not willingly pass the necessary laws they would be imposed on them through the privy council.
The paper was a contradiction in terms of partnership, negotiation and imposition.
Not one colony passed any law.
In effect by not passing the laws requested, all the remaining colonies rejected british citizenship since the two acts were coupled together in the White Paper.
Not getting the cooperation that it requested, the british imposed the laws it required.
Not much later, it then imposed british citizenship on its remaining colonies.
The british, in effect, changed the status of the colonies it administered through administrative imposition.
To date the only parts of the White that have been implemented, are those sections imposed by the british to satisfy their program.
1) The passing of homsexual laws and doing away with capital punishment.
2) The imposition of british citizenship on its remaining colonies.
The year 2000 came and the United Nations, mandate on Decolonisation had come to an end.
Inside the UN there was a movement to shut down the Decolonisation Committee.
The argument from those old colonial powers still holding colonies, was that if after forty years, colonies had not changed their status it was because they wished to remain as they were.
The argument did not hold sway. The United Nations, recognizing that there were still colonies being held and administrated by colonial powers, extended the Decolonisation Mandate for another ten years, until the year 2010.
In the year 2001 Parliamentary Representative Chedmond Browne made a presentation to the United Nations Committee on Decolonisation.
In it he stated to the committee that the colony of Montserrat wanted the opportunity to express its right to Self Determination and had no desire to be de-listed.
In the year 2003, for the first time in the life of the Decolonisation committee the british government agreed to host the meeting in one of its remaining colonies. Anguilla.
All of its remaining colonies were represented by their Chief Ministers.
The opening Address was given by the Secretary General Kofi Annan.
Hearing Mr. Annan’s address, some of the Chief Ministers became aware for the first time that there were three options available to them to express their right to Self Determination.
Until then british officials have insisted that there were only two.
The british sent high level representatives to the meeting and the committee expressed its pleasure at seeing for the first time such representatives at a Decolonisation meeting.
As anticipated in 2001 by the representative from Montserrat, the british in 2003 requested the de-listing of its remaining colonies.
Citing the change in Nationality, ongoing constitutional reform and no change in status from 1960 to the present, the british argued that its remaining colonies should no longer be classified as colonies and should be removed from the United Nations list of colonies.
Protocol, demands that the Chief Minister, or the delegate representing the colony request de-listing. Not the Administering Power.
No such request for de-listing was made by any colonial Chief Minister.
Having heard the Secretary Generals state the UN’s position on Self Determination all indicated their interest in exploring their options.
The United Nations extended the Mandate on Decolonisation until 2010.
Already four years have passed and the colony of Montserrat colonial status is not much different from its status in 1866.
Montserrat has some six years left to attain, after 138 years of maturity.
Constitutional Reform
With the issuing of its White Paper in 1999, the british promised its colonies constitutional reform.
From the beginning the process was never clear. The other parts of its white paper to which its colonies did not corporate the british used their authority and imposed their laws and decrees.
The approach for the constitutional reform process, was not much different.
The paper stated openly to the international world that they would like to establish a program for partnership and progress and would enter into negotiations with their colonies.
That made good press in the international arena.
They also stated, that they reserved to them selves, the right to accept or to reject, what ever parts of any final document they received.
In Montserrat, the governor issued instructions as to what was negotiable, and what was not.
The instructions were specific. Certain areas, he stated were not open for discussion, and if anything, the powers of the governor, needed to be increased rather than decreased, in order for the british to satisfy its international obligations.
At the same time that these private instructions were being circulated,
“ devolution” of power became a buzz word. Few recognised the term for what it was. Even fewer, were aware of the fact that the british idea of reform was limited to minor changes that had little effect on their direct administrative control of the colony.
As a result of their private tactics, very little was done.
However, the british needed the reform process to begin, as they needed to impress the UN on the progressive interaction they were having with their colony.
So, eventually a draft constitutional review team was created.
Financed by the british, they hand picked their chairman.
The terms of reference issued by the Commission Chairman, was broad and all inclusive.???(need some from the first little flyer)
The hopes and aspirations of the People were to be documented and all sectors of the constitution were open for discussion.
Even though the scope was broad, there were some major flaws in the approach.
There was no time allocated for an education and familiarization process.
Very few of the people knew anything about the constitution.
Even fewer had actually read it.
The time frame for completion was very short.
With the exception of the very first meeting the turn out to the meetings was very low.
Eventually, with some agitation a few extra weeks was added to the time frame.
Some brief periods for familiarization were granted but in the end these fell far short of what was necessary for an exercise of this magnitude.
The process started in January 2002 and ended in May 2002.
In September 2002 the Draft review was presented by the chairman to the governor.
The governor, in turn, issued copies to the Members of Parliament with the instructions that it be vetted in Parliament after which it would be sent to the british government.
None of the areas that the british originally listed as not open for discussion, debate or negotiation came up in the draft.
Instead of vetting the draft, the Legislative Council created a Select Committee.
Its task is to eventually submit to Parliament a draft, as an addition to the one submitted.
In doing so, Parliament has created a fluid and ongoing process that gives the people of Montserrat an opportunity to broaden the scope of what was presented in the draft.
What is written in a constitution determines how a country is governed.
The Declaration of Human Rights states, that it is the right of any people, to be governed by those they elect.
The hopes, aspirations and the rights of the People of Montserrat, must be documented in any draft that comes under the heading of reform.

Conclusion-:
The system of Slavery was a brutal form of control that exploited the physical labour of a specific ethnic group that were removed from the continent of Africa.
The system of colonialism replaced the system of slavery. It maintains colonies for exploitation. It also maintains and controls land and people for the purpose of the crown.
From 1871 to 2004, 134 years have passed. The System of Colonialism replaced the System of Slavery. Simply put, Colonialism is Slavery’s Daughter. Carried to its highest levels of control and authority, Colonialism then becomes National Slavery.
Montserrat has been a crown colony for 134 years.
During that time, very little has changed in the way Montserrat has been governed, controlled and administrated by the crown.
In 1960 the United Nations passed a mandate on Decolonisation.
It stated that by the year 2000, there would be no colonies remaining.
The british did not sign the mandate.
In 1971 the british modified the 1960 mandate.
It stated that by the year 2000 remaining colonies should appear to be moving towards independence.
There are three options to express Self Determination.
The Administering Power, is obligated, to aid, abet, assist and encourage its colony to move out of its colonial state towards self governance.
From 1960 to 2004, the british have done nothing to encourage or assist Montserrat to attain Self rule.
In 1999, with the mandate on Decolonisation coming to an end, the british issued a White paper.
The White paper promised changes, one way or another.
The White Paper stated that Self Determination was an available expression of the People any time it desired.
The White paper promised constitutional reform in keeping with the vision, hopes and aspirations of the people.
The White Paper was a contradiction as so far, only those things that satisfied the british program were implemented through imposition.
In 2001 Montserrat’s parliamentary Representative to the United nations Committee on Decolonisation stated clearly Montserrat’s desire not to be de-listed.
In 2002 the british issued a proclamation making Montserratians british citizens.
In 2002 the constitutional reform process was started. From the beginning internal instructions were issued, stating that the Powers conferred upon the crown were not part of the reform process.
Montserrat’s unchanging colonial status, imposing british citizenship and there by changing our nationality, and constitutional reform were all part of the british program to make its argument to satisfy the UN’s mandate on Decolonisation.
In 2003 the british attended a Decolonisation Committee meeting and requested Montserrat’s removal from the list of remaining colonies.
No representative from any colony made such a request.
The constitutional Reform process, was just another part of the british greater plan to convince the UN that its colony was changing.
Privately the british stated that certain areas of the constitution were unchangeable.
The british have no intention of releasing Montserrat from its colonial control.
Any superficial changes in the constitution would be reform.
Any superficial changes vetted by the Legislative Council would be earmarked as the will of the People to remain as they are.
The People of Montserrat have less than six years to come of age.
It is in the best interest of the People of Montserrat to submit a draft reformed constitution that expresses the logical objective of any people whose past is slavery and whose present is colonialism.
Removing colonial control from the constitution is a reform that declares Our Human Right to be governed by those we elect.
Let the british tell the international arena why the Declaration of Human Rights is not applicable when it comes to colonies.

DEFINITIONS-:
Ethnic Slavery-:Where one ethnic group through their institutions control and determine the destiny of another ethnic group.
Assimilation-: Where similarities in ethnicity allow upward mobility in the power structure of a group.
Colonialism -: a system whereby a Nation maintains colonies for the purpose of exploitation.
Administering Power-: The country that Administers for the United Nations anither Country or Territory, until such time as that country or territory declares its Right to Administrate itself.
Colony-: Definition 1 states-: a people who settle in a distant land, but remain under the jurisdiction of their native land.
Definition 2 states-: a territory distant from the country having jurisdiction over it.
De-List-: To remove from ie removal from the Decolonisation committee list of remaining colonies.
Constitution-: The document that determines how a People are governed, and how Laws are written and Justice dispensed.
Devolution-:Delegation of Authority without relinquishing that Authority.
Reform-: Any form of change.
System-: The flow of Institutional Control and Authority in the governance of the Colony. (for this )
System-: Any function that has controlling elements that can determine the ebb and flow of the function.