A.J. Nicholson | Vale Royal talks? Hurricane Melissa's milestone message 

Whatever became of the officially-proposed pre-Hurricane Melissa expectant Vale Royal talks on constitutional reform? 

In a recent interchange with a senior parliamentarian on that subject-matter, he posed the following question: "Do you ever feel that the CCJ issue has become a one-man Crusade?" 

An immediate response did not come to mind since several persons address the issue from time to time, and the last published opinion poll showed near two-thirds in favour of Jamaicans transitioning to the regional final court.

Further discussion led my answer to be based on an apprehension that from the parliamentarian's perspective, which I share, the deeply disturbing approach to the subject by an utterly deluded section of the authorities in this 21st century has developed into an unsettling chapter in Jamaica's painfully chequered history. 

The unvarnished truth about succeeding generations of the overwhelming majority of Jamaicans is that from the moment their forbears were dragged from West African shores up until this day, the foundational entitlement of access to justice in all courts of law has eluded them.

First, they were property, bought and sold; then manumitted, humanized, and colonised; in time, granted the privilege to vote and to elect their government; and they also came to experience political independence.

But the intrinsic, emancipating dignity of unencumbered access to justice in their highest court of law has unrelentingly been withheld from them.

In biblical terms, enjoyment of that cardinal human right is exemplified by the matchless fortune of the mother, in agony over the fate of her imperilled child, accorded access to the highest tribunal of justice, King Solomon's court.

It is a haunting element of the original slave-trade sin that has endured in Jamaican society where access is a privilege reserved for the wealthy, sustaining rooted inequality.

As an injustice, a glaring indignity inherited throughout all generations, there can be no greater item of substance on any constitutional reform agenda, requiring priority attention and redress.

Astoundingly, present government leaders have not only fastened onto the heresy that Jamaica moving to attain republican status far supersedes the right of access to final justice for all citizens but have also actually erected sturdy, even unconstitutional, walls to stymie that redress.

No doubt, that irksome position triggered the further query and observation of the parliamentarian that: "Constitutional reform is probably dead as long as the JLP want to achieve a republic as their political trophy and the PNP are not willing to let them have that trophy unless the CCJ is part of the package.

"So it would make sense to focus on other (also very important) aspects of constitutional reform, in particular those that would enhance participatory democracy and accountability".

To be sure, there are indeed "other also very important aspects" to be pursued. Improvement to accountability and such other issues, however, will run into the abiding wall which bars access to the London-based court where complaints are ultimately adjudicated, with the majority condemned to remaining on the outside.

Again, in pursuit of the well-ordered society, can participatory democracy really be effectively practised in the absence of equal opportunity before the law?

Fly high or fly low, there can be no forward movement on the constitutional reform process in the people's best interests without that original enduring sin being redressed.

That is why, when the reform process was tackled in earnest during the Patterson administration, it was envisaged that access to final justice should be considered as being among the new and improved rights being provided for by the Charter of Rights. Those steps - the Charter and the CCJ - were meant to be 'twinned'.

Consequently, the "probably dead" reference in the observations of the senior parliamentarian seriously challenges general public advancement and well-being directly, and cannot be side-lined!

Vitally, let us recall: Is the referenced 'deadlock' not an inescapable element of the discussions which would have engaged the promised Vale Royal reform talks and would challenge the constitutional affairs ministry?

There has not been a whisper about Vale Royal talks over six months after they were openly projected from the highest level soon after the general elections; muteness reigns from the parent ministry; no hint of a policy direction that usually comes from the Throne Speech on like issues; and not a single mention in the entire Budget Debate exercise.

Remarkably, utter and complete silence! What reason could there be?

The evidence clearly discloses that the dedicated purpose for creation of a ministry of constitutional affairs was for Jamaica to hurriedly become a republic.

In a previous dispensation, multi millions of dollars were expended in that pursuit, regrettably injudiciously.

From all indications, therefore, that pursuit was destined, unchanged, to dominate the Vale Royal talks and the efforts of the constitutional affairs ministry. 

Along came the Act of God, Mighty Hurricane Melissa, late last October - throwing a spanner in the works - strikingly heralding a landmark inflection point! How so?

With the required constitutional referendum to be held for its attainment, the republic pursuit has been blown from the reform agenda for the foreseeable future by Melissa.

Vale Royal talks would have early determined that the authorities could not in any wise contemplate Jamaica embarking upon such an attention-demanding, costly countrywide referendum operation faced with the formidable 'national reconstruction and resilience' programme.

Hurricane Melissa delivered an additional milestone message, a consequential enquiry: To what pressing, developmental focus other than the prolonged demeaning deprivation of access to final justice should the human and other resources and allocations of the wouldbe otherwise inactive constitutional affairs ministry now be conclusively dedicated?

Deep reckoning and commitment solicit the parliamentarian and colleague legislators, dutifully, in good faith on behalf of Jamaica's vast majority disregarded citizens, to earnestly seek answers from the prime minister who, early last October, memorably proposed the convening of the Vale Royal talks, and from Minister Chuck who assumed the constitutional affairs portfolio.

Would a constructive reaction from government leadership not symbolize that landmark turning-point, a Solomonic judgment that the overwhelming majority of Jamaicans should finally be rescued from the indignity of deprivation of justice from their court of last resort?

Without disturbing any other policy initiative, to what more transformative, good-news objective could Vale Royal talks, the constitutional affairs ministry, and the Legislature now be devoted in the storms of these troubled, disordered, no-good-news times?

With the highest court having long advised that the injustice of this original enduring sin is to be redressed by special parliamentary vote, how about by yearend?

Markedly, disillusionment cannot be an option for the senior parliamentarian's Gordon House colleagues. There can be no question of abandoning the people's plight, leaving the obligatory target of access to final justice 'probably dead'!

Disempowered Jamaicans rely on them, overwhelmingly their kith and kin on both sides of the aisle, to champion the caring, equalizing response to Mighty Melissa's milestone message to excise the degrading generational indignity!

Timely Vale Royal talks would have publicly pressed home the scope of the adage, aptly demonstrated by Hurricane Melissa in spectacular fashion, that: It is an ill wind that blows no good!

A.J. Nicholson is former minister of justice and attorney general of Jamaica. Send feedback to columns@gleanerjm.com.