Topic 9 & 10 - West Indian Government & The Caribbean State

Crown Colony Government - Trinidad and St. Lucia were the first Crown Colonies in the British West Indies.

Trinidad was surrendered by the Spanish in 1797 and officially ceded in 1802. The French surrendered St. Lucia in 1803 and officially ceded in 1814

Both were ruled by a Governor General to represent the Crown. Representation was suppressed. The principle of Nomination was the hallmark of the CCG.

The Morant Bay uprising of 1865 created pre-conditions of reform of Jamaica’s Constitution from the Old Representative System to the Crown Colony. The Legislative Assembly was removed in 1866 and a System of Nomination for the Legislative Council was introduced.

This was copied throughout the British West Indies. Notable exceptions include Barbados, Bahamas and Bermuda

In 1884, Jamaica reinstated elected representation on a limited scale alongside nominated members in the Legislature, termed the New Representative system. Major E.F.L. Wood, the Parliamentary Under-Secretary of State for the Colonies, toured the British West Indies in 1921-22, advocating for a similar system in other territories. He suggested reintroducing elected representation initially as a minority in comparison to nominated members, with a gradual shift toward majority elected representation over time in the legislatures of the British West Indies.

Following the social unrest in the mid-1930s in the British West Indies, the Moyne Commission was tasked with investigating the causes. Their recommendations included:

1. Introducing universal adult suffrage.

2. Increasing the number of elected members in legislatures.

3. Including elected members in the Executive Councils.

4. Granting more responsibilities to the Executive Councils.

Despite uncertainty about the feasibility of a successful Federation due to concerns about insularity, the Commission still believed it was a worthwhile goal. They acknowledged the challenges but recommended attempting federation despite reservations that the region's insular nature might hinder such efforts.

1. In 1947, Arthur Creech-Jones, Secretary of State for the Colonies, organized a conference in Montego Bay, Jamaica, to explore the idea of a West Indian Federation.

2. A Standing Closer Association Committee emerged from this conference to advise the British Government on whether a federation was a viable policy for the West Indies.

3. By 1953, the Committee recommended a federation structure with a decentralized setup, emphasizing strong individual units and a relatively weak central authority.

4. The British Caribbean Federation Act was passed in 1956, a constitution took effect in 1957, and federal elections were held in 1958.

5. In 1961, the British Government held an independence conference at Lancaster House in London to discuss the potential independence for the Federation, which comprised Antigua & Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis-Anguilla, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago.

Got it! Here's a condensed version:

1. Jamaica's Opposition party (J.L.P.) opposed joining the independent Federation and instead advocated for Jamaica's separate independence.

2. Premier Norman Manley agreed to hold a referendum among Jamaican voters regarding joining the Federation.

3. The referendum resulted in a narrow victory for Jamaica's secession from the Federation.

4. Jamaica chose to pursue its own independent path.

5. In January 1962, Trinidad and Tobago also announced their withdrawal from the Federation after unsuccessful negotiations with the Federal Government.

6. The Federation was officially dissolved in April 1962.

7. Jamaica achieved independence on August 6, 1962, and Trinidad and Tobago followed suit on August 31, 1962, each as separate independent nations.

Certainly! Here's a condensed version:

1. The British Government aimed to establish a mini-federation for the remaining eight colonies after the dissolution of the West Indies Federation.

2. However, Barbados pursued its own independent path and achieved independence in 1966, departing from the proposed mini-federation plan.

3. In 1967, the British Government introduced the concept of Associated Statehood for six of the remaining seven colonies that were part of the former Federation.

4. Montserrat reverted to direct colonial rule, distinct from the Associated Statehood arrangement.

5. Associated statehood granted full internal self-government to these colonies while retaining British control over citizenship, defence, and external affairs.

6. These Associated States had the freedom to decide their timeline for seeking full independence, granting them autonomy in determining their path toward sovereignty.

Here are the timelines for the Associated States and other countries that proceeded to independence:

Associated States:

1. Grenada - 1974

2. Dominica - 1978

3. St. Lucia - 1979

4. St. Vincent & the Grenadines - 1979

5. Antigua & Barbuda - 1981

6. St. Kitts - Nevis - 1983

Other countries not part of the Federation:

1. Guyana (formerly British Guiana) - 1966

2. The Bahamas - 1973

3. Belize (formerly British Honduras) - 1981

In the Commonwealth Caribbean, all constitutions are written. They generally adhere to the Westminster-Whitehall model, which comprises five core principles:

1. Bill of Rights: Inclusion of a Bill of Rights within the Constitution, safeguarding fundamental rights and freedoms of individuals.

2. Bicameral System: Implementation of a unique bicameral (two-chamber) legislative system, often consisting of a lower house (House of Representatives) and an upper house (Senate).

3. Separation of Powers: A relatively rigid separation of powers among the executive, legislative, and judicial branches of government to maintain checks and balances.

4. Codification of Constitutional Conventions: Codification of Westminster constitutional conventions, defining and regulating the functioning of governmental institutions.

5. Entrenchment of Constitutional Provisions: Entrenchment of constitutional provisions to protect them from easy amendment, requiring specific procedures or criteria for modification.

These principles form the foundation of constitutional governance in the Commonwealth Caribbean, emphasizing democratic governance, the rule of law, and the protection of individual rights within a written constitutional framework.

The inclusion of a Bill of Rights in a Constitution serves several critical functions:

1. Recognition and Protection of Human Rights: A Bill of Rights explicitly acknowledges and safeguards fundamental human rights and freedoms of individuals, ensuring their recognition within the legal framework of the country.

2. Empowerment of Citizens: Citizens are empowered to challenge the government or state institutions if they believe their human rights have been violated, are being violated, or are at risk of being violated. This empowers individuals to seek redress and protection of their rights through legal avenues.

3. Judicial Review and Checks on State Actions: Courts possess the authority to review legislation, government policies, or actions, and if found unconstitutional based on the Bill of Rights, they can overturn or nullify such laws or actions. This serves as a check on the government's power and ensures adherence to constitutional principles.

In essence, a robust Bill of Rights in a Constitution not only protects individual freedoms but also grants citizens the ability to challenge state actions that may infringe upon these rights, while providing the judiciary with the authority to uphold the constitutionality of laws and actions. This framework reinforces the importance of human rights and the rule of law within a democratic society.

A comprehensive breakdown of the parliamentary systems in the Commonwealth Caribbean and the United Kingdom. Here's a summary:

1. Bicameral Systems in the Commonwealth Caribbean: Eight out of twelve independent Commonwealth Caribbean countries have bicameral systems, differing from the Westminster model in the UK. Notably, Caribbean Senators lack security of tenure and must vacate office at the next dissolution of Parliament, contrasting with the House of Lords in the UK, where members enjoy security of tenure until death.

2. Comparison of Parliamentary Systems: While both the Commonwealth Caribbean and the UK have an overlap between the elected House and the formation of the Executive branch, there are several differences in the structures and functions of their legislative bodies.

3. House of Lords in the UK: Previously, the House of Lords served as both a legislative and judicial body until October 2009. Additionally, the Lord Chancellor in the UK held multiple roles until certain reforms, including being a Cabinet Minister, Presiding Officer in the House of Lords, and Head of the Judiciary.

4. Structural Positions in the Commonwealth Caribbean: In the Commonwealth Caribbean, key positions include an Attorney General in Cabinet, a President of the Senate presiding over the Upper House, and a Chief Justice as the head of the Judiciary.

These points highlight the variations and similarities between the parliamentary systems in the Commonwealth Caribbean and the UK, showcasing differences in structures, tenure, and roles within the legislative and judicial spheres.

U.K. constitutional conventions on Commonwealth Caribbean countries' constitutions and the impact it has had on their legal and political systems. Here's a breakdown:

1. Incorporation of U.K. Constitutional Conventions: Many Commonwealth Caribbean countries have integrated U.K. constitutional conventions into their own constitutional frameworks.

2. Rigidity and Interpretation Challenges: This incorporation can create rigidity within the legal system and may lead to challenges when competing interpretations arise. When conventions are written into constitutions, it can force decisions when different viewpoints clash, necessitating choices about interpretation.

3. Example in Barbados: For instance, the motion of no confidence against Prime Minister Erskine Sandiford in Barbados in 1994 might illustrate the challenges stemming from the incorporation of these conventions. This event likely triggered debates or decisions based on the interpretation of these written conventions.

4. Varying Interpretations of Powers: Differences in interpreting powers, such as the power of dissolution, can be observed among Commonwealth Caribbean countries. For example, St. Lucia, St. Vincent and the Grenadines, and Belize may have interpreted this power differently before 2011 compared to other countries in the Commonwealth Caribbean.

This integration of U.K. constitutional conventions into the constitutions of Commonwealth Caribbean countries can create complexities in legal interpretation and decision-making, sometimes leading to differing interpretations and practices among these nations.

You've highlighted some significant points about entrenched provisions in the Commonwealth Caribbean constitutions. Here's a breakdown:

1. Absence of a Written Constitution in the UK: The United Kingdom doesn't have a single written constitution, so there aren't specific provisions or procedures explicitly entrenched.

2. Entrenched Provisions in Commonwealth Caribbean Constitutions: Conversely, all Commonwealth Caribbean countries have written constitutions with entrenched provisions designed to safeguard against easy amendments.

3. Types of Entrenchment Procedures: There are three primary types of procedures used for entrenchment in these constitutions:

4. Special Majorities in Parliament: All twelve Commonwealth Caribbean countries require special majorities in Parliament for Bills seeking to amend the Constitution. This means a higher threshold of support is needed beyond a simple majority.

5. Time Delay Procedures: Except for Barbados and Trinidad and Tobago, all other Commonwealth Caribbean countries have time-delay procedures for Bills seeking constitutional amendments. This typically involves a waiting period or multiple readings before an amendment can be passed.

6. Post-Parliamentary Referenda: With the exception of Barbados, Belize, and Trinidad and Tobago, the remaining nine Commonwealth Caribbean countries conduct post-parliamentary referenda for Bills passed by Parliament aiming to amend the Constitution. This involves subjecting the amendments to public approval through a referendum after they've been passed by Parliament.

These entrenched provisions and varied entrenchment procedures aim to protect the core principles of the constitution and ensure that any amendments undergo a rigorous and deliberate process, involving substantial consensus or public endorsement, to prevent easy or hasty changes to the constitutional framework.

The Caribbean In The Post Independence Era

1] Reforms have followed universal adult suffrage, complete internal self-government and independence since 1962.

2] Since gaining their independence much of the academic work on the political economy of the Commonwealth Caribbean has been conducted within the broad tradition of dependency theory.

3] The question of dependency was first discussed in the Commonwealth Caribbean in the early 1960s and quickly came to be seen by a number of economists associated with the New World Group at UWI as the dominant feature of Caribbean economies.

4] They argued against Sir Arthur Lewis’ development strategy for the region which they called Industrialisation by Invitation.

The Lewis Model

In 1949 Arthur Lewis published “The Principles of Economic Planning” which was a study prepared for the Fabian Society in the United Kingdom. In 1950, he published “Industrial Development of the British West Indies” in Caribbean Economic Review 2, pp. 1-61. In the Caribbean Economic Review article, he wrote inter alia :

“Laissez-faire economic philosophy of British West Indian governments has been the principal obstacle to the industrialization of the islands.” (p. 34).

He went further to say in the same article :

“The islands cannot be industrialized to anything like the extent that is necessary without a considerable inflow of foreign capital and capitalists, and a period of wooing and fawning upon such people. Foreign capital is needed because industrialization is a frightfully expensive business quite beyond the resources of the islands.” (p. 38).

In 1954, he wrote a seminal piece entitled “Economic Development with Unlimited Supplies of Labour” in The Manchester School 22 (2) May 1954, pp. 139-191. In it, he said :

“The Law of Comparative Costs is just as valid in countries with surplus labour as it is in others. But whereas in the latter it is a valid foundation of arguments for free trade, in the former it is an equally valid foundation of arguments for protection.” (p. 191).

"Evolution of Economic Thought and Political Shifts: A New Era in the Caribbean Region"

1] The rethinking of the traditional economic theory and practice in the region by the New World Group and their critique of the Lewis model was tied in with an escalating political radicalism.

2] Control of the economy in the context of nationalism was given encouragement with the revival of black consciousness in the late 1960s and early 1970s.

3]These developments led governments in the region to reassess their existing political and economic practices.

4] The result was the adoption of alternative development strategies, state capitalism in Trinidad and Tobago and socialist experimentation in Jamaica and Guyana in the 1970s.

Trinidad and Tobago State Capitalism

1] 1962 - 1966 can be considered essentially years of state building. Eric Williams’ main concerns were the development of a sense of national community; public service reform; and reform of the economy by way of development planning.

2] By the end of 1966 Williams could look back on a decade with some satisfaction. He had led T&T to independence; he had set the agenda for social and economic modernisation; and he was without a serious political rival in a political system which could be described as liberal democratic.

3] The one event, which was to shake his confidence, and put in question his administration, was the widespread Black Power disturbances of February-April 1970.

4] The period between 1973 and 1981 can be considered the period in which Prime Minister Dr Eric Williams made a concerted attempt to reshape the political and economic system of T&T.

5] Oil Capitalism - In 1974, the Prime Minister in his budget presentation indicated that all was well as a result of the oil windfall and was to be used for the development of the country.

6] The policies of state capitalism were spelt out by Williams under four headings:

A] Energy-based Industrialisation The government’s response to the oil crisis was the establishment of an Energy Secretariat to coordinate all matters relating to petroleum.

B] National Ownership In 1972 the government, in a Comprehensive White Paper, spelt out its intention to play the role of a prime mover in the economic development of the country. Nationalist rather than socialist objectives were the motivating forces.

C] Domestic relief The oil crisis of the 1970s coincided with the onset of double-digit inflation in the Western economies. To ease the impact a comprehensive system of subsidies to raise the standard of living of the citizens was introduced.

D] Caribbean Integration Most of Williams’ public addresses on the oil crisis in the first half of 1974 were prepared with references to how oil could be the fuel for advancing Caribbean integration.

Guyana’s Co-operative Socialism

1] At Guyana’s independence in 1966 the dominant structural relations of the economy displayed many of the classic features of underdevelopment.

2] The following conditions prevailed:

a] Primary producing structures

b] Predominantly rural

c] Backward agrarian system

d] Cultivating crops principally for export to overseas metropolitan markets.

3] In 1970, four years after independence, the ruling party declared Guyana a Cooperative [socialist] Republic.

4] A number of factors contributed to this pronouncement:

1] Minimal economic growth was evident with chronic unemployment and poverty

2] The broad mass of the population had a militant anti-colonial tradition

3] The tradition of close association between trade unionism and politics was both a product and producer of the situation in which large sections of the workforce were influenced by Marxist ideas and functioned within organisations with Marxist leaders.

5] The declaration of a cooperative socialist republic implied four major policy initiatives by the state. These were:

1] The first was the policy of localizing the management of the Transnational corporations (TNCs). It was believed that if this were done the operations of the TNCs would be subject to local control.

2] The second aspect of co-operative socialism was a FCH programme [Food, Clothing and Housing]. This appeared to be more propaganda than anything else.

6] The third feature of co-operative socialism was given a tri-sectoral national economic structure, namely a private, a state and a cooperative sector with the cooperative sector being developed into the dominant one.

7] The final policy was the one in which Prime Minister Burnham announced in 1974 that the Party (the PNC) had supremacy over the government, other arms of the state and all other political, social and cultural organs.

8] By 1975, Guyana’s cooperative socialism was in a state of crisis.

9] To cope with this dilemma the Guyanese government proceeded to implement the following:

A] Bring down real wages to reduce consumer spending, halt domestic inflation and overcome the country’s foreign exchange problem.

B] Curtail legal and human rights to reduce industrial action.

C] Changing the constitution that afforded the government more executive powers.

Jamaica’s Democratic Socialist Experiment

1] In 1972 Michael Manley began an attempt at reforming the staggering Jamaican economy by publicly committing to the ideology of democratic socialism.

2] According to Manley, democratic socialism as a development strategy would undertake the complete social, economic and political transformation of Jamaica in keeping with the need to obtain social justice.

3] Democratic socialism consisted of three basic commitments:

A] The creation of an economy that would be independent of foreign control and be more responsive. This strategy called for the establishment of a wide range of initiatives, including:

a] Land reform

b] Creation of co-operative farms

c] Equitable distribution of the wealth through worker participation

d] State control of the commanding heights of the economy

B] The second feature of Manley’s strategy was the development of a more egalitarian society. The following measures were adopted:

i] Education facilities which were once narrow and elitist, were expanded and opened to all classes.

ii] Decentralisation of the health care system, with a high degree of concentration in the rural areas with the establishment of health centres.

iii] Development of employee and gender policies.

iv] Development of massive work programmes of unemployment relief as a positive social duty.

C] The third strategy of Manley’s democratic socialism was political.

Manley was highly critical of the remoteness of traditional multi-party democracy in Jamaica, in particular its tendency to reduce itself to the act of choosing a party to form a government every five years.

He proposed the creation of a system of political participation.

Manley called for:

a] The revitalization of the local government system

b] Establishment of community councils

c] Involvement of the public in economic planning

d] The deployment of the political party as an instrument of mass political education and communication

Manley called this the third path to development, rejecting the Puerto Rican and Cuban models.

It was considered the path towards real independence and at the same time being independent from the two world superpowers.

Manley was in the end a student of Marxist-Leninist notions of class struggle and proletarian dictatorship.

1] Constitutional Change in the Commonwealth Caribbean. At the heart of the movement for constitutional change was the widespread and mounting desire for better governance.

2] Prime Minister Ralph Gonsalves of St. Vincent and the Grenadines described the constitutional change as a major political exercise in governance involving real, flesh-and-blood people awash with their peculiarities and contradictions, conditioned by their socio-political history and contemporary reality.

3] Some of these proposed changes are:

A] Republicanism in some territories, namely Guyana, Dominica and Trinidad and Tobago

B] Creation of Integrity Commissions beginning with Trinidad and Tobago in 1976

C] Local Government in some territories and the devolution of a measure of self-government to Tobago.

D] Federalism in St. Kitts-Nevis in 1983 at independence.