Grenada’s Citizenship by Investment and Constitutional Corruption
[ By J. K. Roberts (Sound Public Policies Advocate); Circulated on Wednesday, 12 May 2021 ]
“Corruption is criminal, immoral and the ultimate betrayal of public trust. … The new reality of the COVID-19pandemic provides a stark reminder that the abuse of entrusted power for private (‘and political’) gain can cost people their freedom, health, life, and future. … Corruption undermines any prospects for sustainable development … ”. Those excerpts are from messages by organs of the United Nations on ”Corruption in the Context of Covid-19” and on International Anti-Corruption Day 2020 with the theme “Corruption; The Other Global Pandemic To Eradicate” (https://www.undp.org/content/undp/en/home/blog/2020/corruption–the-other-global-pandemic-to-eradicate.html and https://www.unodc.org/unodc/en/corruption/covid19.html).
What creditable entity is available and prepared, or is the Grenadian people powerful and brave, to tackle with conviction and tenacity, ‘corruption in governance’? Indeed; corruption “as an age-old plague” is constantly taking-on new forms and strategies, and thus requires an imperative task with “new heights of resolve” to combat and arrest it. Does Grenada have a ‘divine conscience’ to do so? Where are the Office of the Integrity Commission, Grenada Bar Association, Grenada Conference of Churches and other religious groups, Committee of Social Partners, Media Estate, and the patriotic persons including a new breed of ‘revolutionary’ politicians?
Is the absence of an unambiguous, vigorous and meaningful stance by the ‘good citizens of movers and shakers’ in the society, testimony of the inherent and communal practice of corruption, with every sector and institution being immersed in the practice? Should it be accepted that with the cultivation of the culture of the “needy and greedy”, to the extent that some citizens is of the opinion that if a politician is engaged in stealing with resulting in benefits for them and the country, then there is nothing wrong with corruption?
Moreover; considering that Dr. Keith Mitchell’s New National Party (NNP) has politically survived allegations of corruption, to the extent of securing clean-sweep elections, that there has not been any serious exclusion of Grenada by international ‘credit-surveillance’ institutions and that Mitchell has not had any ‘successful’ court challenges and public investigations on corruption against him, is it thus sufficient and appropriate for Grenada to be elevated from the ‘politics of survivability of the allegations of corruption to the politics for sustainability of corruption’? Review the previously internet-circulated article, “Politics For Sustainability Without Integrity For Grenada!”, which quizzes the attitude of key persons on corruption, credibility and confidence in governance.
Isn’t it justifiable and feasible for at least a constitutional case be brought against the NNP’s administration for corruption under Chapter VIII of the 1974 National Constitution; or rather, is it that no one (personal or institutional) having the capability, has a genuine concern about the endemic corruption-plague? Particularly; section 101 allows “… any person who alleges that any provision of this Constitution (other than a provision of Chapter I) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief…The High Court shall have jurisdiction … to determine … and to make a declaration…”.
A constitutional provision allegedly being contravened is on the role of the independent public office of Director of Audit. According to section 82; “…It shall be the duty of the Director of Audit to audit and report on the public accounts of Grenada, the accounts of all officers and authorities of the Government of Grenada, the accounts of all courts in Grenada (including any accounts of the Court of Appeal or the High Court maintained in Grenada), the accounts of every Commission established by this Constitution and the accounts of the Clerk to the Senate and the Clerk to the House of Representatives. … The Director of Audit shall exercise such other functions in relation to the accounts of the Government of Grenada or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by Parliament. …. “.
The noble and necessary role of the Director of Audit facilitates transparency and accountability, as well as “the peace, order and good government of Grenada” (section 38). Moreover; the official report of the Director of Audit would assist in informing the Parliament, budget formulation, aid institutions, business community, general public, professional analyses, academic researches, and negotiating and lobbying sessions such as with trade unions for wages and benefits. In fact; clear evidence of intense clamours also for the promotion and respect of this role will definitely attract support for the Politics For Sustainability as postulated by political scientist, Dr. Wendy Grenade (https://www.nowgrenada.com/2021/04/towards-a-politics-for-sustainability/).
The fumbled and feeble manner by which prime minister Mitchell responded to questions posed to him concerning the use of a thriving financial source for resolving the protracted industrial row with public officers, should be telling about any secrecy and sham in the execution and employment of the Citizenship By Investment (CBI) Programme and the National Transformation Fund (NFT). The option of resorting to the NFT to meet the legal obligation to the unions, which also will stimulate the economy, was raised at the special interview held with the Prime Minister on 29th April 2021, organised for a few journalists. Shockingly; the statistician Mitchell who is ‘quite aufait with the national finances’ was not able to provide a figure in the NTF, when he was pressed to address “why has your government not disclose to the nation the sum of money in that fund?; https://www.nowgrenada.com/2021/04/special-interview-the-prime-minister-29-apr-2021/. The explanations on the NTF prompt the need for probing; and, is the NFT a special-reserved penny-bank for political expediency?
Social activist Ms. Valerie Thompson gives a substantial rundown of the contents and consequences on the legislations and doings of the CBI and the NTF, in her article “We Demand Transparency Regarding The CBI Program”. The interesting and instructive read makes the point that the CBI / NTF as is, causes the raping of Grenada’s patrimony and sovereignty and the relegating of the natural Grenadians to subservience and mistreatment; https://www.thenewtodaygrenada.com/commentary/we-demand-transparency-regarding-the-cbi-program/?fbclid=IwAR3Ns7JICt2Mmv0rf3nKRyE-YVT32Bpk466TiqPmHMTRZ5Yg78V9-lm6Hgo. This reality is reflected by the recklessness and disrespect by the State-authority and the recipients of the Programme. Thus for example; as reported in the Grenada Informer newspaper of Friday May 07th 2021, the “Grenada Land Actors takes legal steps for more transparency in the physical planning process”, concerning decisions regarding mega tourism developments in sensitive coastal environments and whether the decisions taken were lawful, unreasonable or for some improper reason (https://www.facebook.com/grenadalandactors/). As usual the Prime Minister during his 29th April press conference, scoffed at the concerned citizens for the Judicial Review against the Planning and Development Authority which is responsible for the planning permissions granted.
Thompson asked, “Has anyone realised that Grenada is being prostituted on the international market?” The sad and scary situation to fathom though, is the climaxing of the realization of the reverberating observations since the late 1980’s / early 1990’s by the local vigilant, analytic and prophetic calypsoians, such as Smokey with “Grenada For Sale” (https://www.youtube.com/watch?v=kYh-xjYQBLg), Black Wizard on “Ah Come Back Again” (https://www.youtube.com/watch?v=chxTeY7qP70) and Praying Mantis, “Cry Grenada” (https://www.youtube.com/watch?v=BYhOgevAExg). In fact; the so-called suggestion for the privatization of Grenada’s “blood, sweat and tears” pride-asset International Airport, by Egyptian hotelier Mr. Naguib Sawiris on 21 April 2021, is not by accident but could be a showing of collusion of the powers-that-be with the investors under the CBI programme (https://www.facebook.com/GBNTVGRENADA/posts/241356564399966).
Typical precursors of the CBI are the Off-shore Banking and Economic Citizenship, which virtually has been rebranded because of harsh ridicules and threats by even outside trade bodies and conned parties. Considering the detriment to the image of the State, with the issuing of passports to unsavory characters, some of whom are made its ambassadors, ordinary citizen Mr. Joseph Antoine in attempting to defend the ‘spirit and substance’ of the Constitution, filed legal proceedings against the Grenada Government. Chapter VII was the subject of contention based on the power of Parliament to “make provision for the acquisition of citizenship of Grenada by persons who are not eligible or who are no longer eligible to become citizens of Grenada” as already established (section 99). Unfortunately; the application under sections 16 and 101 of the Constitution failed by High Court Judge Brian Alleyne, on the basis that the case was frivolous, vexatious, and an abuse of the court’s process; reference to Civil Suit No. 598 of 1999. Had Antoine the wherewithal to pursue the hurtful grievance to the Privy Council, possibly a favourable judgement would have had Grenada in a better position on the CBI/NTF situation.
There has been persistent allegations of corruption about Grenada, and particularly with indications of the CBI program’s susceptibility to corruption; https://freedomhouse.org/country/grenada/freedom-world/2020. This perception of corruption and the covering-up of corruption are evident by the pertinent statements coming from the main international funding institutions which are supporting Grenada’s fiscal policies, such as the International Monetary Fund (IMF): file:///C:/Users/User/Downloads/1GRDEA2019001.pdf.
Shouldn’t the Director of Audit have jurisdiction on the accounts of the CBI / NTF? Aren’t the funds from the CBI part of the central government accounts as consolidated public-sector revenues; and should also be under the purview of the Public Accounts Committee? Why the “Inflows of all CBI receipts are not recorded in the budget. … receipts from the CBI program to the central government are not comprehensively reported in the fiscal accounts … they are not reported to or do not pass through the accounts of the central government.”? Does the Constitution under Chapter V gives a free hand to the politicians on the Contingencies Fund (section 79) and other special purpose fund such as the NTF (section 75), and thus not requiring strict monitoring? Aren’t all such funds in combination with the Consolidated Fund required to give the true status of the Gross Domestic Product of the State in evaluating its fiscal policies? Grenadian Economist Ms. Laurel Bain advises that the operational summary of the National Transformation Fund and the transactions with the Consolidated Fund should be presented with clarity, and in concluding her article on “Government Finances And The Economy” appearing in the New Today epaper of May 7, 2021, “the omission on the financing of Government operations needs to be corrected as fiscal transparency requires the publication of timely, accurate and comprehensive information.”; https://www.thenewtodaygrenada.com/commentary/government-finances-and-the-economy-part-1/).
Corruption can be evasive legally but easy to identify morally. The imperative task is not only for constitutional compliance by the authority; but about how must corruption be tolerated as a necessary and inevitable evil? Critically then; what standards to be set and who is willing to raise the bar or to lead on this ‘crippling issue’?
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