Tuesday, April 8, 2008

When one word can save the World

As Jamaicans brace themselves for a substantial increase in Motor Vehicle license fees, it raises the issue of how easily the process of governance can be facilitated, particularly when there is the political will to do so. The Government of Jamaica, is adamant that it will give additional financial autonomy to the local authorities (parish councils) and therefore in the Estimates of Expenditure, 2008/9, is projecting an increase in motor vehicle license fees of 85.9 percent relative to 2007/8. Similarly, a 70.4 percent increase is projected for property tax receipts, however in that case, it is expected that increased compliance will be the policy thrust. All this has been facilitated by the simple stroke of a pen and needless to say without prior consultation with the citizenry. Indeed, the average citizen in residential neighbourhoods, can only dream of a time when their concerns would be treated with such dispatch. In fact, one of the oft repeated criticisms leveled at the State bureaucracy in Jamaica, is its adherence to a strategy more appropriately geared to a feudal society and which is marked by its singular lack of consultation with the citizenry.

The Prime Minister’s has already put in train a strategy geared to the development of a single piece of legislation that is applicable to all regulatory agencies in the process of development. However, is there any provision being made for the input of the citizen? Already Section 9(5) of the Natural Resources and Conservation Authority (NRCA) Act, says that the NRCA (a part of the National Environment and Planning Agency, NEPA) “shall consult with any agency or department of Government exercising functions in connection with the environment” and “shall have regard to all material considerations including the nature of the enterprise, construction or development and the effect which it will or is likely to have on the environment generally, and in particular on any natural resource in the area concerned.” Where the NRCA is of the opinion that the development involves activities that have or likely to have an adverse effect on the environment it may ask for an environmental impact assessment (“EIA”) containing such information as may be prescribed. This has already been the source of tremendous disquiet as NEPA has seemingly interpreted the word “shall” to mean may and not must and therefore has assumed tremendous discretionary powers, which has placed that agency routinely at variance with the citizenry. For the new legislation to be worthwhile, it should clarify the position on public consultation in an unequivocal manner and encompass provisions for compulsory consultations with the citizenry.

Similarly, part of the process of Local Government Reform dictates the need for an increased process of consultation but with the exception of a few cases that has not been the case. In Kingston and St Andrew, there are an estimated 760 Citizens Based Organizations (CBO’s) and an active Parish Development Committee (PDC), but the levels of consultation and involvement in the development dialogue by these citizens groups are severely limited. Indeed, there is no involvement of the citizenry in the establishment of budgets and the process of public consultation is more reflective of the local authority lending a patronizing ear to an aggrieved citizen or group of citizens rather than adhering to any prescribed process of consultation.

Persons are elected to represent constituencies or political divisions in Parliament or at the Local Authority, but after such elections, most, if not all votes cast by these individuals, are reflective of their respective party positions rather than of any process of consultation with their constituents. In Jamaica’s annual Budget Debates, itself a misnomer, the respective Government Minister’s merely rise and announce measures to be implemented during a particular fiscal year, after a process of discussion between parliamentary colleagues, which precludes the involvement of the citizenry. Jamaica prides itself as operating a modern democracy, but such modernity dictates that a well developed process of consultation between State and citizen must be observed and cannot be routinely ignored outside the electoral periods. Failure to accept the tenets of a modern democracy and continuing to relegate the role of the citizen to be a mere bystander in the process of development is to undermine the political process and foster social instability with its attendant ills.

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