COMMENTARY: Is There Rule of Law In Antigua and Barbuda

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IS THERE RULE OF LAW IN ANTIGUA AND BARBUDA

By Yves Ephraim 

In a previous post I indicated that my first order of business to “Empowering the People” would be to review the Constitution of Antigua and Barbuda. 

One of the key purposes of a Constitution is to protect the rights of citizens from the overreach of the state.

For a free and harmonious society to exists, citizens must have the confidence that individuals weilding the power of the state would not have untrammelled power to trample their rights with impunity or without recource.

I mentioned previously that our current constitution is written in such a manner that appears to give the citizens rights but introduces loopholes that give the state very nebulous discretion to violate those said rights.

I previously pointed out that property rights is one such right that is under attack recently. I would really like to remove those wide areas of discretion.

No constitution is effective unless there is a general culture of the Rule of Law. 

This legal principle was established through the Magna Carta and infers that NO ONE is above the law.

The Rule of Law, suggests that residents; citizens; the state; and those who wield the power of the state are all subject to the law.

This means that if two different people commit the identical offense the outcomes should be the same.

This is what constitutes justice. So if a politician rapes a woman he should get no less of a sentence than an ordinary citizen.

Recent happenings in Antigua and Barbuda exposed a weakness in our system to curb the overreach of those who wield the power of the state and it shows that the expected constitutional safeguards are ineffective.

I always thought that our constitution, made the position of the Police Commissioner an independent entity, where he or she could act without outside influence. I was of the opinion that it was one of the Commissioners responsibility to be blind and impartial with the enforcement of the law. 

Recent happenings has made me wonder if my understanding of the role of the Commissioner of Police is as I had thought. 

For example, in the saga with the destruction of the leader of the opposition’s property the PM thought that the destruction of the APUA installation at Morris Bay may seem prima facie related.

The PM openly implied that he expected the police to question the leader of the opposition. One could argue that the PM may be warranted under the circumstances to suspect the opposition leader.

However, I thought that it would have been the independent prerogative of the Commission of Police to decide whether to pursue an investigation or not.

Indeed, from recent news reports, it appeared that the police immediately are currently in the process of questioning the leader of the opposition.

Whereas I have no difficulty in questioning the leader of the opposition in regards to the event at Morris Bay, by the same token, when the PM openly shared that there was widespread fraud in the public sector with regards to the bypassing of controls in unauthorized purchases of vehicles, I must wonder why the police did not, with the same sense of urgency, pursue the matter to determine if there was any wrongdoing. 

To me, more evidence was given with the matter of the vehicles than linking the opposition leader to the arson in Morris Bay, yet I hear no news of the police investigating the matter of the fraudulently acquired vehicles?

We learnt that government officials were transferred and even resigned. This suggest more than prima facie evidence.

Is the Police Commissioner suggesting by his actions that some people are more equal than others so that, the rule of law only applies to one set of citizens while some others are exempted?

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12 COMMENTS

  1. Yves Ephraim, you hit the nail on the head. In my household we have discussed the same issue! The police seem only to have bark at certain times and most ready to bite in other situations. I remember hearing the PM saying that if any opposition parliamentarians profited from vehicle/duty free concessions illegally he expected the police to deal with the matter. However, this is the same PM who said that we did not need any further investigation because restitution had been made. I remember years ago, my brother stole someone’s bike and re-sprayed it. My mom called the police. He returned the stolen property but was still arrested for stealing. Case in point is that because restitution is made it does not mean that consequences can be completely avoided.
    Also, the government has a nasty habit of transferring individuals to other departments when they have done something wrong. That in itself is wrong. These people need to be removed from the service.
    Very good article and I hope that the reading public will think of the issues for themselves and do not just blindly follow the leader. If he cares nothing for justice when we the public is in need of justice we won’t be able to get it.
    Very good article Mr. Ephraim!

  2. OBVIOUSLY NOT! For when a so-called Prime Minister-in-waiting opts to brazenly break the country’s laws, defy and disregard all cautions against such conduct by the official, legal, authorized body, then have the temerity abd gall to publicly defend his actions, then EPHRAIM, advocate of tge Devil, you have your answer!!!

  3. Great observation and analysis. I just can’t comprehend why ABLP can’t see how detrimental it is politically for them NOT HAVING at minimum an investigation in the vehicle matter.

    If UPP doesn’t seize this moment and constantly highly this to the public from now until forever, under the ABLP, $15 million was practically stolen and ABLP took no responsibility and no one at all face any appropriate sanctions.

    If UPP can’t sell this clear corruption, inability to govern and criminal enterprise within the ABLP then UPP are not meant to lead the United Islands of Antigua and Barbuda (UIA&B).

    I know it requires money to inform the public but I do not think UPP is doing a good job at pressuring ABLP, and bombarding the public with the errors, discrepancies, abuses, incompetence, ignorance, failures, and other disadvantages of having ABLP as the government.

    I remember posting how ABLP refused to assist me in my endeavor (crime, abuse and terrorism victim advocacy and research endeavor) which would also access US Crime victim and terrorism victim funds and I simply wanted ABLP to request like it should do and the law allows that any endeavor deemed nationally and or internationally important the government could request the agency to work expeditiously and reasonably but the ABLP PM Browne, MP Chet Green, AG Steadroy Benjamin, MP Molwin Joseph ignored my request, and even said they can’t help.

    My point is, not one UPP folk seized this opportunity to point out the failure of ABLP to encourage, facilitate and help the common Antiguan and Barbudan achieve something that is also nationally and internationally important for UIA&B.

    This is what my endeavor does, if an Antiguan and Barbudan travel to the US and is a victim of certain crimes, they could qualify for US immigration status (like crime victim visas and greencards), also qualify for money (money for travel, housing, food, medical, dental, counseling, loss of wage, catastrophic injuries, child support, spousal support, etcetera coming directly from the government funds which currently has over $5 billion available.

    My endeavor also provide the same kind of assistance to US residents who travels to the United Islands of Antigua and Barbuda and the Caribbean in general and who becomes victims to qualifying crimes while abroad. My endeavor/business woukd help them get access to the funds to get urgent financial, emotional/mental and medical help they urgently need. I believe this is also highly beneficial to the United Islands of Antigua and Barbuda (UIA&B) because it provide relief and less burden the country financially when tourist are victimized while visiting, plus the UIA&B do not have any crime victim funds or program for locals or tourist. Not even the hotels.

    Again, at no point in time UPP seize these vital moments and make them a big problem for ABLP. Elections are only won in Antigua and Barbuda when locals are sick and tired of one candidate or a party, it is never because good strategies like seizing moments like the ones UPP constantly fail to take and make into a moment to win and in fact win.

    Antiguan and Barbudan voters can be taught to be sophisticated thinkers and it is up to political parties to teach them by seizing moments in which the rivalry political party fail and show locals how this is harmful and how they should consider such failure.

    UPP has not been this well or any at all. I would just say it is us online bloggers who do so but locals do not read online much.

    I do not see UPP winning the next election until the comprehend the art of properly communicating with locals in a manner that touches emotions and passions of the local villager or else they will continue focusing on duty free, turkey, ham, and what small favor they can get. What can override this is passion, only passion. Get them to be passionate and no turkey or ham could reverse their anger, disappointment, etcetera in a candidate or party.

  4. Kum een Monarch!

    When they have power and authority,
    They don’t give a damn, about nobody!
    Prostituting the islands!
    Prostituting the island’s!
    Prostituting the People!

    The police commissioner MUST be under the influence of…

    The police force was always WEAPONISED against the people. The first sect to feel this literally in Antigua was those who dared to think about Africa and present themselves, as such.
    I’m referencing the Pan Africanist, the Black Power Movement and the Rastas.
    Those who are crying now, probably remained SILENT then, but is feeling the same pressures now, and is sounding a WARNING or is WARNING many of what they MUST do, to combat such BLATANT disregard for HUEman dignity and rights.

    As the saying goes, the same stick which licks the #wild_goat will inevitably lick the tame too.

    When they have power & authority, they don’t give a damn, about no body!

    Jumbee_Picknee aka Ras Smood
    De’ole Dutty Peg 🦶🏾 Garrat_Bastard

    Vere Edwards

  5. EVERY SINGLE RULING PARTY ALWAYS HAS A GOVERNOR GENERAL AND BOTH HEADS OF THE ARMED FORCES ESPECIALLY POLICE COMMISSIONER IN THEIR CORNER…..THAT’S JUST THE WAY IT IS..

    MOST OF Y’ALL DON’T REALIZE IT BUT VEHICLE GATE SCANDAL HAS TOO MANY NAMES ATTACHED TO IT…IF THE GOVERNMENT FIRES HIM THEY MUST ALSO FIRE THE ENTIRE MANAGEMENT TEAM WHO WERE ALL A PART OF THE BOBOLL….THEN U WILL HAVE TO HIRE A WHOLE NEW TEAM BECAUSE THE LAST SET OF PEOPLE CORRUPT AND HANDS STICKY….U CAN’T JUST DO THAT IT WILL DISRUPT THE FLOW OF EVERYDAY OPERATIONS SO THE SOLUTION WAS TO SHUFFLE THE DECK OF CARDS AND LETS HOPE THEY WILL LEARN THEIR LESSONS AND NEVER DO THAT AGAIN……THE COMMON BOTTOM OF THE BARREL MAN THIEF ANYTHING HE GONE AH JAIL…..THAT’S JUST THE WAY IT IS SAYS 2PAC……

  6. A well balanced and constructed opinion letter. I also concur with much of what you have written.

    I do believe that a “two-tier” policing system has been in place for some time in this country, where equal justice under the law just hasn’t prevailed.

    And let’s not forget also in our judiciary, where the perception for those in authority (like our politicians and in the high echelons of society) are treated more favourably when it comes to sentencing.

    This blatant anomaly must be addressed!

    My letter of the week sir … 👏🏾

  8. @Other side,

    In regards to your response to my earlier reply. It wasn’t really much in the whole context of Yves Ephraim engaging letter. But my slight beef was when he mentioned following England’s Magna Carter. It’s just too vague.

    Following the vagaries of former English King’s and Barons from the 13th century doesn’t sit or bode well with me.

    I’ve read that Even the English wished they had a well written and simplified constitution that makes laws, bylaws and the rule of law a lot more clear cut and easier to follow for UK Parliamentarians.

    I hope this clarifies my views for you.

  9. Sometimes I wonder if there is a bigger ASSHOLE in this country than Faithful National #1. Of course someone labelled him the BIGGEST ASS KISSER but why should he want the title BIGGEST ASSHOLE too, isn’t one title enough

  10. @Brixtonian, the significance of the Magna Carta, though part of the English legal tradition, is that it marked the diminution of the power of the King and forced him to rule with the consent of the governed, thus establishing rights. Prior to that the king’s word was law. This concession came after those within the inner circle of King John of England rebelled against his dictatorial tendencies and pressured him to sign the Magna Carta agreement, literally stripping the king of absolute power.

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