THE ROLE OF LEGAL PROFESSIONALS IN CONSOLIDATING GHANA?S DEMOCRACY AND GOOD-GOVERNANCE
Introduction
To talk about Good Governance from the African perspective, we need to make reference to the Durban Declaration on Democracy, Political, Economic and Corporate Governance, which mentions among other things ?just, honest, transparent, accountable, participatory government and probity in public life?. Accordingly, African States in that declaration have agreed to work with renewed determination to enforce the rule of law; equality of all citizens before the law; individual and collective freedoms; the right to participate in free, credible and democratic political process; and adhere to the separation of powers, including protection for the independence of the judiciary.
In the achievement of these goals the role of the legal profession is very significant. I would therefore like to talk about the legal profession within the context of democratic governance. Before addressing this particular issue, I deem it equally important to talk about Ghana?s level of commitment and performance in ensuring democracy and good governance as portrayed in its assessment under the African Peer Review Mechanism.
Democracy and good governance
The African Peer Review Mechanism (APRM) is a mutually agreed instrument voluntarily acceded to by the member States of the African Union and it is an innovative approach to improving governance. The origin of APRM was the 37th Summit of the Organization of African Unity held in July 2001 in Lusaka, Zambia, adopted a document setting out a new vision for the revival and development of Africa, which was to become known as the New Partnership for Africa?s Development. (NEPAD)
Note that as of June 2005, the APRM Participating Countries were, Algeria, Angola, Benin, Burkina Faso, Cameroon, Democratic Republic of Congo, Egypt, Ethiopia, Gabon, Ghana, Kenya, Lesotho, Malawi, Mali, Mauritius, Mozambique, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Tanzania, Uganda Expressions of Intention to Accede to the APRM have been received from: São Tomé and Príncipe, Sudan, Zambia.
The mandate of the APRM is to encourage conformity in regard to political, economic and corporate governance values, codes and standards, among African countries. Ghana has been a shining example in the APRM process, being among the first group of countries to sign the Memorandum of Understanding on 9 March 2003.
Ghana instituted a National Governing Council in compliance with the requirement for participating countries to have an independent self-assessment of its governance record in four areas, namely: Democracy and Political Governance; Economic Governance and Management; Corporate Governance; and Socio-Economic Development. This article, however, will focus on Democracy and Political Governance.
To date, Ghanaians have had more than a decade of peaceful and acceptable constitutional rule. Ghana has also been able to change political rulers through the electoral process in a manner generally perceived to be free and fair. The 2000, 2004 and 2008 elections have confirmed the citizens? acceptance of the electoral principle as the legitimate mechanism for acquiring political power and assuming leadership of the institutions of governance. There is a growing sense of relief, confidence and pride amongst Ghanaians that they have, at last, achieved political stability. It is this achievement that has informed the decision of the US President Barrack Obama to choose Ghana as his first country of visit in the Sub-Saharan Africa after becoming a President. Addressing the Ghanaian Parliament in Accra on 11th July 2009 to outline the US Foreign Policy towards Africa, President Obama confirmed it by saying ?Here in Ghana, you show us a face of Africa that is often overlooked by a world that only sees tragedy or a need for charity? The credit is even that, although our system of governance has identified certain major deficiencies in the laws and practice, Ghanaians are confident that they have the freedom, ability and will to rectify these.
Ghanaians have also created unique institutions and processes that other African countries could consider emulating or adapting for their own use. These include the Annual Governance Forum, where stakeholders discuss selected issues on democracy and good political governance. It is held every year since 1998 under the auspices of the National Governance Programme. The other, instituted in 2001 is the People?s Assembly, an annual interaction between the President and the people. The Assembly allows Ghanaians from all walks of life to pose any questions to the President.
The Assembly and the Forum have expanded the political space for ordinary people and have brought the government closer to them. These institutions have certainly demystified the government, rendering it less remote.
Even more remarkable is the fact that, unlike earlier democratic transitions in the country that lasted only for a few years before they were aborted, the current transition has lasted over sixteen years and Ghana continues to move forward as a progressive and democratic state.
In the past, few women hold key decision-making positions in the economic, political and social life of Ghana, and they encounter serious hindrances to their involvement in politics and in public political life. However, the ruling government stipulates 40% representation of women at all levels of governance, on Public Boards, Commissions, the Cabinet and Council of State.
Rule of law and supremacy of the Ghanaian Constitution
The supremacy of the Constitution and entrenchment of the rule of law are the basic foundations on which all the institutions of governance are grounded. The constitution and the rule of law offer protection of individual life; protection from the government?s arbitrariness or abuse of power; and the assurance that one can enjoy the fruits of one?s labour.
The 1992 Constitution contains ample provisions that entrench the rule of law, and constrain the abuse of power and discretionary authority of those in government positions. The courts have clearly asserted their independent powers of judicial review and are willing to pronounce certain acts or behaviour of the Executive branch of government unconstitutional. Ghana has demonstrated that it is possible for the judiciary to be independent in Africa.
Although the rule of law is a reality in Ghana, some sections of the populace are routinely denied access to justice because they cannot afford legal representation. The high cost of justice in Ghana is of serious concern. Attempt is being made to alleviate the situation by running legal aid facilities, but these are few and insufficiently funded.
The judiciary itself suffers from lack of adequate capacity to administer justice. Availability of office space and courtrooms is a major problem, both at the headquarters in Accra and countrywide. Each year, budgetary allocations have been insufficient to meet the growing infrastructure needs of the judiciary. This affects the easy flow of justice and ultimately compromises the rule of law.
Legal provisions recognizing and guaranteeing human rights
In providing a firm constitutional framework for promoting respect for human rights by all Ghanaians and preventing abuses by the State, the 1992 Constitution has been a refreshing improvement on previous constitutions of the country.
Chapter 5 of the Constitution provides not only for civil and political rights, but also for social and economic rights. Among the civil and political rights enshrined in the 1992 Constitution, are: the right to life, the right to liberty and security of the person, the right to human dignity, the right to equality and freedom from discrimination, the rights of accused, arrested and detained persons, the right to free speech and expression, the rights of political participation, the rights of free association and assembly.
These rights are not absolute. Conditions for deviating from them, usually for reasons of State, are also stipulated in the Constitution.
Several provisions in the 1992 Constitution underscore the democratic rights of Ghanaians, and secure the independence of electoral mechanisms to ensure free and fair electoral processes. The Electoral Commission (EC) and the National Commission for Civic Education (NCCE) promote and protect the fundamental constitutional rights of Ghanaians to participate in political and related activities. The judicial system is designed to protect these rights and offers opportunities for redress by aggrieved persons and groups whose rights are violated or infringed upon.
Anti-Corruption and Good Governance
Corruption is a major governance problem in Ghana. However, Ghana has made a remarkable progress in the control of corruption in public life over the past decade. This is attributable to the collaborative effort of Anti-Corruption institutions in Ghana such as: The Serious Fraud Office (SFO); The Commission on Human Rights and Administration of Justice (CHRAJ); The Commonwealth Human Rights Initiative (CHRI); The Ghana Integrity Initiative (GIL); The Ghana Chapter of Transparency International; and The Security Agencies. Through their contributions and recommendations, several anti-corruption bills have been enacted into law by the Ghanaian Parliament including: Protected Public Interest Disclosure Act, (Whistle Blower Act); Public Procurement Act; Financial Administration Act; and many others.
For the first time in 2007, public hearings of the Public Accounts Committee of Parliament took place and based on this the Attorney General?s Department had set up an Anti-Corruption Unit to study recommendations made by the Committee and to prosecute cases that need to be prosecuted. Several pre-emptive measures are in place to counter money laundering. The measures include Narcotic Enforcement and Sanction Law, 1990; three conventions on terrorism, ratified in 2002; A four-phase action plan designed in 2003 in response to the Inter- Governmental Action on Money Laundering under the aegis of the Economic Community of West African States (ECOWAS); The establishment in 2004 of the Financial Intelligence Unit. Also, complementary efforts have emanated from the operations of banking and non-bonding financial institutions and the law enforcement agencies.
Although Ghana has been enthusiastic in acceding to, and ratifying regional and global standards and codes, a number of key human rights instruments remain to be ratified. These include Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and UN Convention Against Corruption, (2003). This can weaken the country?s democracy and good governance record. Ghana should consider adopting a binding time-frame within which to accede to the several AU conventions. They include: African Children?s Charter, 1990; Amendments to the Constitutive Act of the African Union, 2003; AU Convention against Corruption, 2003; Protocol on the African Court of Human and Peoples? Rights, 1998; and Protocol on the African Court of Justice, 2003.
The Role of the Legal Profession
First of all we need to know of the legal profession in Ghana because there is a clear link between the profession itself and the role it is playing in democratic governance
The legal profession allows a qualified lawyer to practice as either a solicitor, barrister or both and can practice in all courts. The General Legal Council is the statutory body regulating the profession and deals with complaints against professional conduct.
The Ghana Bar Association (GBA) is the professional association for lawyers in Ghana. Membership is not mandatory but all admitted members of the profession are automatically registered as members with the GBA. Although not built in statute, it is recognized by the Constitution. As at now 450 firms are recognized by the GBA as being of good-standing.
The legal market is dominated largely by small commercial practices, a number of which are increasingly benefiting from building informal associations with international law firms.
Foreign lawyers are permitted to practice in Ghana provided that they have the required qualifications from their home jurisdiction, a letter of good-standing from their home bar, satisfied by the General Legal Council and pass the required exam in Ghanaian Constitutional law and the Customary Law of Ghana. Non-Ghanaian citizens must demonstrate seven years PQE in a country with a compatible legal system.
The legal professionals in Ghana can take pride in the fact that they have played a central part in the restoration and consolidation of democracy and good governance in the Fourth Republic. This is because, throughout the unconstitutional rule in Ghana, the Ghana Bar Association acted as the opposition, insisting at its congresses on the need to return to civilian democratic rule under a constitution that can guarantee human rights and the rule law
It is of great satisfaction to the profession that the recent elections of December 2008 witnessed a historic, peaceful transfer of power from one democratically elected government to another with cooperation from the judiciary and the legal practitioners. The electoral laws and the constitution have been put to test in courts and have reviled several gaps and overlaps in our electoral system, but the test (though controversial) has given cause to amendments and development of the law.
The quality of the performance of the legal sector is an important determinant of our prospects for consolidating democracy and good governance. An efficient legal system affords more effective protection of the human rights, freedoms and liberties of the citizenry, and available evidence from reputable studies shows clearly that a well functioning legal system promotes business growth and rising incomes. Where there is no rule of law, formal contracts cannot be respected and enforced, businesses will not grow and investors will not risk their funds.
It is for all these reasons that the Ghanaian government is keenly supporting a wide-ranging programme of legal sector reform, which involves: the mechanization and computerization of the superior courts of record; the fast track system, designed to accelerate judicial output; the reform and enhancement of the capability of key legal sector agencies such as the lower courts and the Ministry of Justice; the reform of the legal and regulatory framework for doing business in Ghana; and the reform of the system of land tenure to permit the modernization of agriculture.
Conclusion
Ghana is making great strides to ensure that it remains one of the most stable countries in the region and to sustain good and democratic governance. In other to achieve this goal certain issues need to be addressed seriously.
The time has come for all the legal professionals to make concerted efforts to change the negative image and ensure the reform of the legal system so that it can deliver improved quality of service to the people. The new administration in Ghana under President Mills believes firmly that an efficient legal system is an integral, vital part of the sort of state and society it wants to build. Our vision of the country is to create a society in which the state protects the vulnerable and the disadvantaged, because the humane society requires that each be his brother or sister’s keeper.
Such a society needs a legal system which can resolve disputes quickly, fairly and cheaply; which can frame the laws and regulations in clear, comprehensible language; which can provide the legal support for a vigorous enterprise economy; which guarantees equal access to justice and equal treatment before the law for all citizens; and which can ensure the supremacy of the rule of law and respect for human rights.
As we can see, the lawyer must make a multifaceted contribution to the new democratic society where probity and accountability are expected of all public officials in the performance of their duties. Specialization is today the way of ensuring excellence of service. We need good constitutional lawyers; good human rights lawyers; good commercial lawyers; lawyers well-versed in arbitration law; lawyers familiar with complex financial instruments; we want lawyers who are on top of the incredible expansion in communications law, cyberspace and e-commerce; who specialize in employment law, tax law, property law, natural resource law and environmental law.
We need also lawyers who understand the new rules of engagement of the international trading system being formed under the aegis of the World Trade Organization (WTO), so that we can take advantage of the rules and not be exploited by them and who will lead the way towards the establishment of a more just and equitable trading system. In the trips – regulated world, we need lawyers who are fully conversant with the intricacies of intellectual property law, including the protection of our national heritage and traditional knowledge. Social development and good governance, thus, demand a broad range of legal skills.
We also need to reform the legal profession and modernize our methods of work. We must embrace as a matter of urgency the new information technology and make our legal service easier and quicker.
It is necessary to reinforce the application of our code of ethics and strengthen the sanctions for delinquents and violators. Reforms across the entire breadth of our legal system are what are required to improve the quality of our legal system and strengthen the capability of the Ghanaian legal profession to face up to the exciting challenges ahead of it in our new democratic dispensation.
We have to design a positive organic policy against corruption, emphasizing clear rules and sustainable institutions that achieve sanction with justice. Entrenching the rule of law is the overriding consideration of public policy in contemporary Ghana. And the rule of law requires that the criminal process, especially, is invoked against citizens not because of their political allegiance but because of their involvement in allegedly criminal activity.
The consolidation of democracy and the promotion of constitutional rule demand also that we deal with some of the issues from our past that impede the sustainability of democracy and peace in the Ghana.
Cry Freedom
Rodrigues Island: Case for Self-Determination
Three hundred years ago, men and women in flesh and bone, were kidnapped from their villages in Guinea; trapped and captured like animals in Senegal; ripped from their families in Mozambique; herded aboard slave ships in Madagascar, and shipped across the Indian Ocean to this part of the World. Those who survived ended their days, labouring like beasts of burden for foreign masters. They would never see Africa again. To the rest of the world, these unfortunate individuals lend a human face to the dark-end of a fading history; to us Rodriguans, they were much more — they were our great great … grand fathers and mothers.
Historical Perspective
To get to the inmost heart of our liberation struggle from Mauritius, it is sufficiently important to briefly revisit Rodrigues’ timeline. There are differing versions of history. We have the slave-driver’s version according to the slave-driver; we have the slave’s version according to the slave; we have the versions of those who see world conquest as Jus ad bellum (just cause for war) and the versions of those who do not. From this hazy distance, when we search for a truth buried somewhere in a dead past, among so many other diluted, distorted and deformed half-truths — we can only take a leap of faith.
The name Rodrigues was eponymously plucked from Diego Rodriguez, a Portuguese sailor whose brief visit in 1528 heralded the coming of the Europeans. There is some evidence that Chinese Mariners, Arab and Malay traders, and Pirates may have stumbled on the island as far back as the tenth century. No record of any indigenous population exists. By 1638, a council on nearby Reunion Island was already administering Rodrigues as a French possession. It remained a French colony until British troops stormed the island in 1809. It was then governed as a separate British territory until May 30, 1814, when its administration was transferred to Mauritius.
During the Second World War, 300 of our compatriots, my father among them, from our tiny active population, supported the British in Tobruk and El Alamein.
Yet, in March 1968, we were bound to Mauritius against our will, and marooned in the colonially imposed ‘forced marriage’ of unitary rule. Having offloaded Mauritius, the British in Rodrigues simply packed their bags, shot their dogs, and took off.
In effect, we became the whipping boy, left behind at the mercy of new masters, to foot the bill for the transgressions of others.
Our history has been one long painful struggle against non-consensual governments: from French possession, French colony, English possession, dependency of the colony of Mauritius, ‘district’ of Mauritius, to Island region of Mauritius today.
Neo-colonial labels replaced colonial tags; alien masters took over from foreign rulers, but for our people — the dysphoric cycle grinds on: Adieu l’esclavage — Bonjour l’esclavage (farewell slavery — good morning slavery.)
Political Domination
By 1960, the decolonization of Mauritius and Rodrigues islands had already been decided. When subsequent negotiations and constitutional conferences were held in London and Mauritius in 1961, ’65 and ’67, Rodriguans were deliberately excluded. The pretext was that we did not have any political parties or organizations.
During that epoch, the ultraconservative Mauritian party, PMSD (Parti Mauritian ‘Social Democrat’), had been running a campaign of scaremongering, along ethnic lines in Rodrigues. Besides promises of freedom, its leader, Duval, had managed to convince our people that the Devil and his Dam would descend on Rodrigues after the British pulled out. Not surprisingly, in their first contact with the ballot box in 1967, an overwhelming ninety-eight percent of Rodriguans voted against being attached to Mauritius. Sadly, the express views of our people did not take precedence over the urgent conspiracy to annex our homeland.
Of note, in 1967, Rodriguans were not offered a choice between freedom and colonialism; we had to face the horns of this dilemma: British colonization or Mauritian occupation … a foreign ruler or an alien master. Not too dissimilar to Indochina’s quandary: Japanese occupation or French colonization.
Rodriguans did not wish to continue living under a British heel, anymore than we craved the prospect of living under a Mauritian one. And we certainly did not fancy the idea of uprooting our families, leaving the bones of ten generations of our ancestors buried in Rodrigues, to sail into exile in foreign lands. Nonetheless, in those blood-curdling days in Mauritius, people were dying in the streets; we feared being carved up next. The chilling reality of the times saw many discard their possessions, homes and lands, to escape to Canada, Australia, France, England, South Africa and other parts of the World. For some, this still cuts close to the bone.
In 1968, before the ink was dry on a unilaterally drafted Independence constitution; baton-wielding police hoisted the Mauritian flag atop Port Mathurin under a cloud of tear-gas. Rodriguans became unwilling Mauritian citizens overnight. On occasions when our stout-hearted brothers and sisters resisted, British troops were summoned to put down our protest.
Admittedly, after the British left in 1968, our hands were not cut off. All the same, Rodrigues was reduced to a Mauritian fiefdom, where marginalization soon became institutionalized. We found ourselves with higher unemployment, higher cost of living, higher infant mortality, higher primary education drop-out rate and lower literacy and living standard than Mauritius. Discrimination, domination and exclusion became the norm. Today, force majeure continues to buttress the status quo.
In 1976, a separate ministry was set up to deal with Rodrigues’ specificities. So far, only a handful of ‘moderate’ Rodriguans, with their wings clipped, have ever been co-opted to this portfolio. What’s more, no Rodriguan has filled this post in the past ten years, and the likelihood of it ever being different, seems remote. Mauritian politicians arbitrarily choose the minister for Rodrigues and politically-appointed Mauritian bureaucrats govern Rodrigues by proxy — irrespective of our votes.
In 1991, when Rodriguans, had the temerity to demand more control over their own affairs, a token island Council was put in place to placate them. Fellow travellers and party hacks were handpicked and allowed to make recommendations on local matters. But, when the Council, though toothless, began to fuel nationalist pride among those with ‘ideas above their station’ — it was unceremoniously disbanded in 1996.
In 2001, following a long sustained struggle, the idea of Autonomy for the ethnically diverse people of Rodrigues, was first mooted. Finally, 170 years after the abolition of slavery, far reaching devolution from the centralized rigidities of Mauritian control came into sight … albeit briefly.
In 2002, after much fanfare, after the spin-doctors had recited their precision-tooled sound bites, after the pig-headed and the big-headed had had their photo opportunities — ‘Autonomy’ arrived. The names were changed from Island Council to Regional Assembly and from Councillors to Commissioners. A few buildings were erected here and there, a few factotums got to fly to Mauritius, there to sit, silent and still, on government back-benches and a plague of introduced Chameleons overran Rodrigues. That was roughly the extent of it.
Mauritian ministers continued to micro-manage our affairs and we got to elect the lackeys who run their errands. The central government retained all legislative and executive powers and practically everything else. Eventually, even its rusted-on supporters had to concede that our promised ‘Autonomy’ was a dud.
When we peek one inch beyond the chic sophistry, we see one people still ruling another, not only without that other’s consent — but against its will.
Loie sans partage (absolute rule) is alive and well in Rodrigues; it can be seen any day of the year, flexing its muscle and beating its chest in Port Mathurin.
At the risk of belabouring the obvious, one cannot consider limited administrative discretion to be Autonomy, anymore, than one can seriously consider a piglet to be an elephant.
The colonial legacy of authoritarian bureaucratic dictatorship was never dismantled in Rodrigues — it was reinforced. External bureaucratic-warlords command and our people obey without question. The chief of police, the judge, the minister for Rodrigues, all the principal heads of department, all the lawyers, all the policy makers, all those who actually govern Rodrigues — all come from Mauritius.
When our Creole language, in which is stored the experiences and struggles of our people, is spurned in our Assembly — when seventy percent of our people are disqualified from political office, because they do not speak a foreign language —
when half-nourished, half-educated and half-free schoolchildren are forced to learn three languages — when there is a dearth of educational material on our African culture in a curriculum designed for us, by others — when our children mimic cultures, beliefs, languages and traditions dissimilar to their own, in order to validate their sense of self-worth — when our civil service which represents ninety percent of our educated, is effectively gagged from political discourse — when our people speak of Independence in tentative muffled whispers, for fear of government spies — when everything is controlled by external forces, there is no freedom … only domination.
Constitutional guarantees of no ruling caste, of no second class citizens, of consent of the governed to govern, seem to apply to all, except in respect to Rodriguans.
The Rodriguan citizen is like a beleaguered character, hopelessly trapped inside an eternal nightmare of suppressed resentment, being forced to watch helplessly, as his culture crumbles into dust.
Mauritius speaks of human rights at the United Nations, pledges solidarity with SADC (Southern African Development Committee) and the African Union — yet retains its own Colonial Dominion. The double-edged morality is staggering.
Self-Determination
Much water and much blood have flowed into the Indian Ocean, since our brothers and sisters in Madagascar, India, Sri Lanka, Comoros, Africa, Maldives, Seychelles and Mauritius were freed (at least in theory) from the wretched web of Colonialism.
But for us Rodriguans, the on-going ignominy of Mauritian Occupation still haunts our daily lives.
In the 21st century, the island of Rodrigues, one of this regions’ last remaining manifestations of Colonialism has become the ‘sick man’ of the Indian Ocean, forever bonded to an artificial welfare drip, and still begging a foreign kleptocrat to let us go.
It is argued that because on May 30th 1814, Britain dubbed Rodrigues a dependency of the colony of Mauritius, and administered it as part of the island of Mauritius, it automatically became an integral and indivisible territory of Mauritius. Therefore, any dismemberment of territory before independence would have been illegal under international law.
If we follow this line of reasoning, then we also recognise that all colonially-imposed arrangements are forever binding on all future generations. And when this thinking is extended retrospectively, then, Mussolini’s 1936 laws could still be cited today, as justification to go on bedevilling the lives of Ethiopians, forever.
During Mad-Dog-Morgan’s governorship of Jamaica, looting and rape were the arrangements of the day. As one would reasonably expect, when Morgan the pirate left, his arrangements left with him. The British themselves snatched Rodrigues from the French at the point of a bayonet hooked-up to a gun; likewise, any arrangements they made during their rule became null and void — the very minute they left.
There was never any 11th Commandment, which accorded Britain divine-right to bequeath our lives, our lands and our country to Mauritius, for time without end.
Our people were not Mauritius’ or anyone else’s private property. We were not cattle to be handed over from one master to another to another.
Unitary rule was part and parcel of British colonial policy. As a result, despite underlying divisions among different geographical ethnic groups, territories were artificially forced into a unitary state. For example, New Zealand was administered as a dependency of the colony of New South Wales; islands of the Caribbean were grouped together willy-nilly; Seychelles was administered as part of Mauritius;
There were plans afoot to group all British East-African colonies under a federation. And it was only the selfless vetoes of India’s leaders that saved Burma from being administered as part of India. Unfortunately, Rodrigues did not have a Ghandi, or a Jinnah or a Nehru; we had Duval, demagoguery and double-cross a go-go.
The simple truth, however unpalatable, is when colonial rule ended in 1968, the island of Rodrigues had a population, and that island belonged to that population, and was not up for grabs.
On March 12th 1968, there should have been two proud islands, side by side, in free association, both celebrating their freedom. Alas, there was pride on one side of the Indian Ocean and humiliation on the other. On the gloomy anniversary of that miserable day, some Rodriguans still hold a minute’s silence … and remember.
The flaw in the dismemberment argument is that it is predicated on the false premise that Rodrigues was a legitimate territory of Mauritius prior to Independence. This was never the case. Mauritius never discovered a terra nullius Rodrigues; it never captured Rodrigues by conquest; the British never wrested Rodrigues from the French in 1814 simply to give it to Mauritius; Rodriguans never surrendered their individual sovereignty and their territorial integrity to a ‘Pax Mauritiana’ — Moreover, the Rodriguan nation never consented to be part of, or governed by Mauritius.
State sponsored propaganda, unremittingly repeated and embedded in school children as fact, is extremely difficult to unlearn. The untainted truth is Rodrigues was part of the British Empire until 1968; today, it is an annexed country under Occupation.
It is no more a territory of Mauritius, than Hercules is a son of Zeus.
Whether Britain gifted Rodrigues to Mauritius in 1968, as it gave Eritrea to Ethiopia or whether Mauritius opportunistically annexed it, is neither here nor there.
Whatever deal, whatever collusion took place between Britain and its Mauritian colonial minister, without our consent was illegal and immoral.
It was akin to a departing pirate rewarding his faithful slave, with a slave of his own.
It was the shameless advancement of one country’s territorial ambition at the expense of its neighbour. Mauritius added 130,000 miles of our EEZ (exclusive economic zone) to its territory, and our people lost their homeland and their dignity.
The United Kingdom, Mauritius and the International community clearly understand this, as I do, as you do, as we all do … It was wrong then — It is wrong now!
In 1968, our economic or political unpreparedness should never have been used as an excuse to deny us our independence. Mauritius should have been granted its own independence separately, as Northern Rhodesia was. Rodrigues should have been placed under the guardianship of the Trusteeship Council of the United Nations, as a non-self-governing territory. A pan-African commission or UN special committee for self-determination could then have put together a long term plan for Independence.
Under a mutually agreed-upon constitution, with suitable opt-out clauses, we could even have remained in free association with Mauritius, rather than being perpetually entrapped in the existing abomination, euphemistically known as ‘Autonomy’.
If historical debts, legal or at least moral responsibilities, abrogated in 1968, are made good to some extent, past injustices can be belatedly rectified. We remain hopeful.
It is not our lot in life, to be perpetually governed by other people. We did not accept non-consensual rule from France; we did not accept it from Britain — we will never accept it from Mauritius.
Ethnic Dilution
The majority of Mauritius’ 1.3 million population are descendants of Indian indentured labourers, mainly from Andhra Pradesh, Gujarat, Maharashtra, Tamil Nadu, Bihar and Uttar Pradesh, brought by the British to meet labour shortages on Sugar cane plantations; whereas, ninety-five percent of Rodrigues’ forty thousand strong population are direct descendants of African slaves.
We are as distinct, as say Mexicans and Kenyans. This ethnic heterogeneity differentiates the one island from the other.
Rodriguans are not an indigenous group or an ethno-national minority seeking piecemeal internal self-rule; we are a separate people with a fervent aspiration to self-determine our future. Our case for full sovereignty is an exceptionally strong one. More to the point, we can never give up our homeland — our forefathers paid too dear a price for it!
Until recently, Rodrigues’ small maximum carrying capacity (approx.50,000) and its geographical isolation, have managed to preserve its cultural identity to some extent. However, the past few years have seen Mauritians, in ever-increasing numbers, being fast-tracked onto crown land in Rodrigues.
If this trend (or government policy) continues, it is a mathematical certainty that it will dilute our ranks to a moribund minority. Much like mixing thirty bottles of beer with one bottle of lemonade — the lemonade disappears.
Once our culture, traditions, language, and way of life are gone; once we have lost our identity as a people; once our claim for sovereignty has been forever extinguished — we would have become a nation of semi-Slaves and half-repressed Serfs, stuck at the bottom-end of a Mauritian vertical class structure.
The once proud people of Rodrigues would have been reduced to a motley mob of untouchables, straw hats under the arm, bowing and scraping in the demimonde of Mauritian ghettos or eking out a living on the mountain ridges in Rodrigues.
We could never again aspire to be anything more than just half a people; we would be forever playing catch-up to other cultures. As a people, we would be dead.
For Rodriguans, this is an existential challenge. If we do not meet it, if we wait for the time that must come, we will surely follow the Dodo. This, I do not believe — I know.
Conclusion
The common Portuguese name Rodrigues (son of Rodrigo) was poorly chosen for us, by old masters, in evil times. Faced with being branded with it forever, even the Brotherhood of Goblins, Gnomes and Gremlins would be reaching for the AK47. Seriously though, ‘Rodrigues’ is an old relic, fossilized in another era, clearly disconnected from and incompatible with the essence of our people. And not to mention, the blood-spattered images of Portugal’s brutal savagery in this region, which the name evokes — It is time for our generation to give it (Rodrigues) back to history.
We have lost a country — our body politic is being trampled underfoot; the stench of humiliation is everywhere; cultural oblivion looms large, and yet, we are still blighted by a small clique of bloated puppets and ‘well-assimilated’ latter-day Uncle Toms, wanting us to accept foreign domination.
Strangers overseas, who we do not vote for and cannot remove, design our electoral systems and electoral boundaries, decide our laws, taxation, tariffs, decide our health, education, foreign and economic policies. Strangers, decide our children’s future –
Strangers decide — Strangers have been deciding for the best part of 300 years.
It is time — we decided! For, we too, have a brain and a backbone. Yes, it is true! We too, have dreams and hopes of our own.
It is time to cut the neo-colonial umbilical cord sharply adrift, to take active steps to decrease dependence on others, to believe that if we reduce our wants and work hard, that self-reliance is possible and indeed desirable.
It is time to stop depending on built-in assumptions, on ideas and systems that have been partly responsible for our ongoing subordination. It is time to try other ideas, other approaches, perhaps invent new ones which better adapt to our circumstances.
It is time to stop imitating others and trust in ourselves — for who we are, has worth.
Rodriguans are a resilient people. I say this, because contrary to popular belief, it is our people who have worked the land and fished the seas and kept farm animals and kept this small economy afloat — generation after generation. We have done it before, we are doing it now — we can do it better. Let’s not hesitate to continue drinking from the old well (the land and the sea), until the ghost of globalization arrives with the magic potion.
It is time to dump the usual too-poor, too-small, and not-yet-ready arguments. They are like bad records that have been played over and over again. They are intended to shackle rather than liberate. Fortunately, oppressed people the world over have ignored them, otherwise most islands in the Caribbean, Indian, Atlantic and Pacific, much of Africa and Asia, and possibly half the planet would still be under some form of colonial rule today. In any case, how large and how rich would a country need to be, for its people to qualify for their freedom? Moreover, who would decide?
Our leaders must re-connect with the poor and dispossessed in this country, re-establish links with our ethnic kin in Africa, re-organize our people at the grassroots and demand that which was stolen from us in 1968 … our Country.
Let us not be discouraged by the indifference of a dog-eat-dog McWorld, let us not dither, let us steel our resolve and demand our Independence. Let us speak of it proudly in every home, in every church, in every bazaar, in every fishing-post, on every farm, on every street-corner, on every bus and wherever or whenever our people meet.
Our task will not be without sacrifice, but if we turn our back on Independence now, we condemn our children to another 300 years of foreign domination. The alternative is simple: struggle or eternal subservience.
Our people have been the human Guinea pigs for some of the world’s most cold-blooded social experimentations. We have been at the painful-end of the whole monstrous gamut of Slavery, Colonialism, neo-Colonialism and ‘civilising missions’ of Missionaries. Despite the inhumanity, the degradation, the indignity; despite the loss of our grand African names, our sense of self, our traditional African clothing, our beliefs and our relationships with our kinfolk in Africa — we have already forgiven and moved on.
Perpetual domination is not a destination to where we want to lead our children, or as the late Pope John Paul II used to say to occupied people everywhere “you are not what they say you are; let me remind you who you really are …”
Our people have undergone a long-enough apprenticeship to be free. The time has come for us to climb out of the abyss of serfdom and view the world through our own eyes.
As children of this flying planet, it is our incontrovertible right to self-determine our own future; let us exercise that right and reclaim our heritage in the human family.
With this firm wish warming our hearts, with our heads held high — let us brace ourselves to face a hopeful future with fortitude.
Vive Rodrigues … Libre
Alain Leveque
September 07, 2006