Questionable Conduct: The Jamaican Political Reality

Both the Prime Minister and the Speaker of the House of Representatives have conveniently confused calls for declaration of citizenship status by Members of either House with the determination of questions as to membership of either House. The Chief Justice of Jamaica has determined that individuals who have renewed their US passports and travelled thereon are disqualified from being validly elected or appointed as a Member of either House. Proponents of the impotence of the Speaker, in the matter of requiring a declaration by individual members, have sought to rely on Section 44 (1) of the Constitution which states: Any question whether - a. any person has been validly elected or appointed as a member of either House; or b. any member of either House has vacated his seat therein or is required, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, to cease to exercise any of his functions as a member, shall be determined by the Supreme Court

It must be noteworthy that the editors of two Jamaican newspapers have echoed the call for Members of Parliament to declare their citizenship status. From as early as September 13, 2007 the Sunday Herald wrote: “The Jamaican Constitution is very clear regarding who can be elected to the House of Representatives or be appointed to the Senate. No person shall be qualified to be appointed as a senator or elected as a member of the House of Representatives who by virtue of his own act acquires citizenship of a foreign power. The legal issues aside, on what grounds are persons who are citizens of another country allowed to sit in our parliament and make laws, which we are obliged to obey? Such persons can catch the next plane and go home if anything goes wrong without being accountable. Additionally, is it right for tax dollars to be used to pay members of Parliament who are foreigners? And is it not dishonest for persons whether representing the People’s National Party or the Jamaica Labo

“It is abundantly clear that the constitution does not confer on every Jamaican citizen the right to be elected as a Member of the House of Representatives.” McCalla CJ. There have been calls to abolish the constitutional provisions which stipulate the requisite citizenship status of the Members of Parliament and Senators. It is being mused that given the age of globalization and the significant financial importance of the Jamaican Diaspora, the current provisions are obsolete, inimical to good governance and provide an unnecessary obstacle to the development of the country. It is being proposed that there should be a full public debate and the requisite procedures invoked to amend the now controversial provisions. Pre-Conditions The need for constitutional reform cannot be disputed in light of the changing world environment and the local socio-political realities which a fundamentally different from those informing its conception. It is also evident that th

It can be argued that there are certain positions within the administration of any independent nation-state which should be held by people having undivided allegiance to the nation-state involved. These positions are of critical importance to the conduct of the nation's interaction with the international community, and symbolize the emotional aspect of being an independent state - that is, national identity. The list includes, but is not limited to: . Legislators - MPs and Senators (especially Prime Minister and Leader of the Opposition) . Governor General . Chief of the Defence Force . Attorney General . Solicitor-General . President, Court of Appeal . Chief Justice . Members of the foreign service serving overseas. People holding those positions should have allegiance to the host country only. They should possess exclusive citizenship during their tenure. It matters not if they enjoyed multiple citizenships prior to consideration for the positions listed. However, they should