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Democracy in ‘The Americas’ in decline: Haiti and Peru biggest worry

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service
The writer is Antigua and Barbuda’s Ambassador to the U.S. and the OAS. He is also a senior fellow at the Institute of Commonwealth Studies at the University of London and at Massey College in the University of Toronto. The view expressed are entirely his own.

By Sir Ronald Sanders

All the countries of ‘the Americas.’ i.e., those in North, Central and South America and the Caribbean are experiencing political, social and economic trials to some extent.

In large part, these trials, in most countries, are the result of several factors, including persistent historical societal inequalities, the lingering economic impact of the COVID-19 pandemic and the global consequences of the Russian invasion of Ukraine on the prices of food, oil and gas, and the worldwide chain of supply of goods and services.

However, in some countries of ‘the Americas’, the tribulations are caused by undemocratic practices by governments or other power holders.

The Economist Intelligence Unit (EIU), usually reliable for the thoroughness of its investigation and analysis, recently published its Democracy Index for 2022. The Index is based on five categories: electoral process and pluralism, functioning of government, political participation, political culture, and civil liberties.

The EIU ranks only 4 countries of ‘the Americas’ among the top 22 fully democratic nations of the world. These are: Uruguay (11), Canada (12) Costa Rica (17) and Chile (19). The United States of America (US) is ranked at number 30 of the 167 countries that were examined.

Latin America and the Caribbean (LAC) experiences its seventh consecutive year of decline in 2022 in the EIU table. The area’s average score fell to 5.79, down from 5.83 in 2021. However, I point out that The Bahamas, Barbados and the 6 independent countries in the Eastern Caribbean, Antigua and Barbuda, Dominica, Grenada, St Kitts-Nevis, St Lucia and St Vincent and the Grenadines, were not examined. This omission is probably due to the smallness of the populations of these countries, although it is an omission in the EIU analysis which should be corrected.

According to the EIU, the countries driving the 2022 decline in the LAC are Haiti (-0.68), El Salvador (-0.66) and Mexico (-0.32). Countries recording more modest declines include Peru (-0.17) and Brazil (-0.08). Peru’s declining score ranks it lower than a “flawed democracy”.

“Weak state capacity” is cited by the EIU as a major cause of the region’s low scores related to the functioning of government and political culture.

The analysis concludes that “the most extreme case of weakening state capacity in the region is Haiti, which experiences the area’s steepest fall in score in 2022”. Stating that the interim prime minister, Ariel Henry, has “failed to re-establish the state’s control over parts of the country, ceding ground to heavily armed gangs, many linked to drug-trafficking networks”, the EUI blames Mr Henry for “failing to call elections, which led to significant score downgrades”. The EUI also regards Henry’s call for foreign intervention to help re-establish order, as “an abdication of leadership and a damaging admission that the country is no longer capable of self-rule”.

Regarding Peru, this country has declined rapidly into political chaos. As I pointed out in a recent commentary, the cause of the current crisis, while it is a struggle for power between rival political parties, is rooted in economic discrimination and marginalization of indigenous people. Even in the midst of social and political upheaval, which should have demanded inclusionary dialogue to find a solution, the response has been a disproportional use of force by the military against protestors, resulting in the deaths of 58 persons so far.

These events in Peru led to the introduction of a Declaration at the Permanent Council of the Organization of American States (OAS) by Antigua and Barbuda and Colombia. The Declaration, which was adopted by the OAS on January 30, called for “respect the right to assembly and for protest to be exercised in a peaceful manner” and for the resumption of dialogue to “build consensus to overcome the current situation”, and also for “the prompt holding of free, fair and transparent general elections, with international electoral observation.” The latter is unlikely to happen anytime soon. The Peruvian Congress has refused to bring forward the date of elections, even though the current President of Peru, Dina Boluarte, has called for it in the wake of angry demonstrations.

Both Peru and Haiti will occupy the attention of the member states of the OAS in the coming weeks. Haiti will be a greater priority for the Caribbean Community (CARICOM). Haiti is now run, for all practical internal purposes, by more than 200 armed gangs, according to United Nations and Haitian National Police figures. The situation has worsened since 9 October 2022, when Prime Minister Henry wrote to the OAS Secretary-General, Luis Almagro, asking countries “that are friends of Haiti” to deploy “without delay a specialized international armed force” to address “the breakdown in security.” There was no formal response from the OAS, although diplomatic representatives have informally expressed concerns about the provision of an “international armed force”, who would contribute to it, how would it be financed, under what terms, including immunity, would it operate, and for how long.

Pierre Espe?rance, the Executive Director of the National Human Rights Defense Network (RNDDH) in Haiti, claimed in a publication on February 2, that “the root of the problem lies in the corruption of successive governments and their increasing use of gangs to suppress public protests, provide personal protection, and ultimately to retain their hold on power.” Espe?rance rejects an international armed force entering Haiti, saying: “… such a force cannot possibly be effective in the current political chaos. Henry effectively rules on his own, with no Parliament, as just last month, the mandate of the 10 remaining members of the Haitian Senate expired for lack of elections in recent years. And yet, elections make no sense in the current tumult.”

The internal situation in Haiti, as in Peru, poses enormous difficulties for the world’s governments to help. In both countries, there has first to be internal political agreement that external governments can support. Everyone wants to help, but all the parties within Haiti and Peru must first agree on the nature of the help they want and the terms on which it could be provided.

The issues to be settled internally are precisely the categories in the EUI index of Democracy: electoral process and pluralism, functioning of government, political participation, political culture, and civil liberties.

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Trinidad police ‘not daunted’ by spate of killings

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

The Trinidad and Tobago Police Service (TTPS) says it is not daunted by the recent spate of murders in the country as the 11 killings last weekend brought the murder toll to 59 for the month.

Last year, Trinidad and Tobago had a record 605 murders.

“We are not daunted by the unfortunate and disturbing spate of violence over this weekend. We will continue to intensify our crackdown on gangs to break the hold of the deadly gang culture and criminality that leaves a trail of death and despair within our communities,” Acting Police Commissioner, Erla Christopher, said in a statement issued late on Sunday night, as she acknowledged that the “weekend has indeed been an unwelcomed one.

“What we may be witnessing is the storm before the calm, as the TTPS will continue to use its resources to suppress these gangs and other criminal activities. We will not stop applying pressure on those who are determined to disrupt and strike fear in the lives of all law-abiding citizens. We will keep up the fight. God willing, we will succeed.

“However, the Trinidad and Tobago Police Service continues to work assiduously to investigate the recent murders, pursuing several strong leads,” she said noting that as it relates to the killings in the Central Division, early indicators suggest there are connecting features, which implies that the same group of individuals are responsible for these acts.

She said early police investigations indicate that the murders committed in the North-Eastern Division, were as a result of disputes between community members.

“Our investigators are working feverishly on the ground to bring the perpetrators to justice,” Christopher said, adding also that the prevalence of illegal guns “in our communities is a central focus of the Service”.

The last of the 11 killings over the weekend occurred on Sunday night when the owner of a mini-mart in Sangre Grande, was shot and killed at his business-place.

Police said that Sherwyn Bernard was at his mini-mart in Sangre Grande, north east of here, when he was ambushed and shot by a gunman. The killer is reported to have escaped in a vehicle.

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FAO launches Regional Projects to boost Food Production and Trade in the Caribbean

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

Over the past years, countries of the Caribbean, like many others worldwide, have experienced high rises in food prices and agricultural inputs. The COVID-19 pandemic and the Ukraine-Russia war have further exacerbated these costs and those related to imported goods. In addition, many Caribbean countries have relied heavily on imported goods over the years whilst also suffering from a decline in the export of prime agricultural crops, such as bananas and sugar cane, that traditionally and significantly contributed to their economies.

These factors have led to an increasing need to transform the region’s agriculture food systems and find ways of boosting the export of other indigenous crops to increase foreign exchange earnings and rebuild economies. To support this effort, the Food and Agriculture Organization of the United Nations (FAO) Sub-regional Office for the Caribbean, in collaboration with the Governments of the Commonwealth of Dominica, Grenada, Saint Lucia and St. Vincent and the Grenadines, are launching a regional cluster of projects on Promoting Windward Islands Food Production and Trade Corridor through National and Regional Value Chain Development.

On Friday, February 3, 2023, the Ministers of Agriculture from these countries, along with other government representatives, will join the FAO for an hour-long virtual launch, presentation and discussion on the regional projects. Other regional partners to be in attendance include the Organisation of Eastern Caribbean States (OECS) Commission, the Caribbean Agricultural Research and Development Institute (CARDI), and the Inter-American Institute for Cooperation on Agriculture (IICA).

26 November 2021, Rome, Italy – Taro corms on sale at the market of Piazza Vittorio.

The discussions will focus on plans under the project to build resilient and competitive value chains that can promote exports and reduce the importation of goods. The regional projects aim to replace agri-food imports that have had a toll on Caribbean Community’s (CARICOM) economies by increasing the capacity for countries in the region to produce and export quality agricultural produce. The steps being undertaken under the project are foreseen to contribute to the CARICOM food-importation bill reduction by 25 per cent by 2025 initiative and other global and regional targets such as those under the 2030 Sustainable Development Agenda.

Dr Renata Clarke, FAO’s Sub-regional Coordinator for the Caribbean, remarked that “there was a dire need in the region to build cohesion among governments and partners in our efforts to improve local agricultural production, enhance intra- and inter-regional trade and build more resilient agri-food systems that also promote the consumption of local produce by locals. The regional launch aims to catalyse this transformation.” She added that by making linkages with other regional initiatives geared towards reducing CARICOM’s import bill and increasing agricultural exports, the region could accelerate its recovery from the COVID-19 pandemic and be better positioned to withstand the impacts of the current global food crisis.

The projects have just begun implementation by assessing the value chains with the greatest potential for success on the global market. Dasheen has so far been identified as a crop of good potential and FAO will continue its work with the countries to understand the challenges and opportunities for growing a dasheen industry that can consistently produce high quality dasheen in an environmentally responsible and sustainable manner. The FAO Caribbean’s Value Chain Methodology, which has had success in other Caribbean countries over the years, is to be applied during implementation of the projects and will also be a blueprint for building other industries in the region.

It is expected that the projects being launched will also improve livelihood opportunities and increase the potential for value-added production, whilst also promoting better production, a better environment, better nutrition and a better life for the countries’ people.

The projects fall within FAO’s Technical Cooperation Programme and are expected to run over the next two years.

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Members discuss data on fishing subsidies and ocean resources for second wave negotiations

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

WTO members on 31 January held a second knowledge building workshop to inform the second wave of negotiations on fisheries subsidies, focusing on data concerning the state of marine resources and on fisheries subsidies.

The workshop was intended to enhance members’ ability to reach an agreed outcome by the 13th Ministerial Conference, said Deputy Director-General Angela Ellard, who also called on more members to submit their formal acceptances of the Agreement on Fisheries Subsidies.

“We all know that the availability of data has been a challenge since the beginning of the WTO fisheries subsidies negotiations. Members frequently have noted that a better and more detailed understanding of the state of fisheries resources around the world, as well as the amounts and types of fisheries subsidies being provided by governments, would help to inform and bring greater focus to members’ proposals and the Negotiating Group on Rules’ debates,” DDG Ellard said in her opening remarks for the workshop.

A previous workshop held in November focused on an overview of the key disciplines in the Agreement on Fisheries Subsidies and best practices for and challenges in implementing the Agreement.

Audun Lem, Deputy Director of the Fisheries and Aquaculture Division of the UN Food and Agriculture Organization, likewise emphasized the importance of data in his opening remarks: “Effective management anticipates the public sector playing a significant role in stock assessment, research, enforcement, monitoring, reporting, and institutional capacity building.” He also assured members of support and collaboration from the FAO for stock assessments and other efforts related to implementing the Agreement on Fisheries Subsidies.

Members heard presentations from experts from governments and intergovernmental organizations providing national, regional, and global perspectives on data concerning the state of marine fisheries and subsidies to marine fishing. Members also had the opportunity to share their own reflections and experiences.

WTO members adopted the Agreement at the 12th Ministerial Conference (MC12) held in June 2022. For the Agreement to become operational, two-thirds of members have to deposit their “instruments of acceptance” with the WTO. Members also agreed at MC12 to continue negotiations on outstanding issues such as disciplines on subsidies contributing to overcapacity and overfishing with a view to making recommendations by MC13 to further enhance the disciplines of the Agreement.

DDG Ellard recalled that members expressed their desire at a fisheries subsidies retreat held in October 2022 to conclude the second wave of negotiations by MC13. “As this is just over a year from now – in late February 2024 – we really have our work cut out for us,” she said. She also highlighted the importance of the WTO’s Fisheries Funding Mechanism created as part of the Agreement to help developing and least developed members in implementing the Agreement and complying with the data obligations.

DDG Ellard further urged more members to formally submit their acceptance of the Agreement, noting that Switzerland was the first to do so, in January . “I hope that this first acceptance will create real momentum for additional acceptances by members. The sooner we reach the threshold of two-thirds of members, the sooner the Agreement will enter into force and start delivering its benefits for ocean sustainability and those who depend on it.”

While interventions highlighted challenges associated with data collection, they also indicated a strong commitment by members to increasing knowledge about their fish stocks and enhancing their understanding of the impact of different fisheries management measures. Experts detailed how a strategic approach to data collection, such as through sampling, can help members make best use of limited resources.

Members also heard how different types of government support can affect fisheries sustainability, and how data can support decision making for revitalizing fisheries stocks. The presentations also underlined the gaps in available data on fisheries subsidies and demonstrated how several members have collected and reported data despite challenges. Various programmes and donor support, including through the WTO’s Fisheries Funding Mechanism, are also available for data collection, the speakers noted.

Closing the workshop, DDG Ellard said: “Data is information to decision makers. The better the data, the better those decisions.”

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Crochet puts the spotlight on Climate Change

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

More than 200 persons from Barbados, the Caribbean, USA, and Europe visited the “Crochet for a Cause: Ridge to Reef” Project Exhibit of the Community Empowerment and Environment Partnership (CEEP) program under the Global Environment Facility (GEF) Small Grants Programme (SGP) implemented by United Nations Development Programme (UNDP).

The exhibit stationed at Norman Centre from Monday 23-Friday 27 January highlighted the impact of climate change through the creation of a crocheted village and underwater, sea landscape. The informative display featured crochet replicas of trees, houses, solar panels, vegetable gardens, fish, turtles, and a living, vibrant, protected coral reef, contrasted with a bleached coral reef. Visitors were able to learn about the thirty (30) crochet artisans who participated in the program and were exposed to informational leaflets from the Ministry of Environment and National Beautification, Blue and Green Economy.

During the closing reception, GEF SGP National Coordinator Dr. David Bynoe expressed appreciation for the excellent work of the community stating, “It’s amazing what you have achieved in this space. You have transformed it. You have made it very clear how you can mix crochet and the environmental work that we do. Taking art and using it as a teaching tool is very unique and innovative.” He emphasized the importance and benefits of the coral reef to the Caribbean and the need for the government, civil society and the private sector to continue to work together to empower people.

GEF SGP National Coordinator Dr. David Bynoe views the coral reef portion of the exhibit with Elaine’s Caribbean Crochet Founder Nikisha Toppin

Dr. Vicki Estwick of Versatile Crochet Threads spoke to the camaraderie developed during the three-month program noting that she was “very proud to be a part of this group of women who have come together to show the world that the environment is important to everyone and that any type of art can be used to share the message of how important our earth is.” Elaine’s Caribbean Crochet Founder Nikisha Toppin in her vote of thanks noted the various entities from the private and public sector who contributed to the execution of the project and the hosting of the exhibit.

The “Crochet for a Cause: Ridge to Reef” project administered by Elaine’s Caribbean Crochet through the Barbados Youth Business Trust used the artform of crochet to educate persons on environmental issues such as marine pollution and coral reef degradation. The CEEP is organized by GEF SGP UNDP in partnership with the Ministry of Youth, Sports and Community Empowerment, and Ministry of Environment and National Beautification, Blue and Green Economy.

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Magnitude 5.0 quake rattles Dominican Republic

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

A 5.0 magnitude earthquake struck south of the Dominican Republic early Wednesday morning, jolting people from their beds.

The quake occurred in waters southwest of the capital of Santo Domingo at a depth of 28 miles, according to the US Geological Survey.

No immediate damage was reported.

Dominican geologist Osiris de Le?n said the fault that triggered Wednesday’s quake is the same one that unleashed Haiti’s devastating 2010 earthquake and a subsequent 2021 quake, as well as the 6.4 magnitude quake that hit Puerto Rico in 2020 that damaged dozens of homes and schools and killed one person in the island’s southern region.

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The UWI mourns the passing of Professor Emeritus Gordon Rohlehr

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

The University of the West Indies (The UWI) community is saddened by the passing of Professor Emeritus Gordon Rohlehr on January 29.

Professor Emeritus Rohlehr arrived at the St Augustine at a moment of change in the 1960s as the Caribbean began its course to transform the way in which it saw and positioned itself in the world.

For him, these changes were manifested in culture and shaped by culture. The calypso and the literature of the West Indies were, for him, transformative and reflected the apocalyptic nature of our history and our history making.

He became part of an international movement that reflected on the traumatic nature of New World history and who saw the literature that emerged as rich in contradictions and promise. The multifaceted nature of that history of enslavement, indentureship and European incursion shaped Caribbean scholarship and literature, and shaped him.

In that regard, He initiated and taught the first course on West Indian Literature in 1970. That scholarship and his charismatic lecturing fuelled generations of Caribbean scholars, many of whom have gone on to teach the courses he created or inspired in the Literatures in English section at The UWI.

He was one of a band of intellectuals who used words to fashion ideas and to change the course of politics and the future. He wrote in small journals, in newspapers such as Tapia and spoke on radio and television.

He connected with and interpreted the writings of the literary giants of the day, including Kamau Brathwaite with whom he had a particular relationship, Derek Walcott whose “mulatto aesthetic” evidenced the ambivalence of a memory of Africa and Europe; George Lamming, Wilson Harris, Roger Mais and Martin Carter whose work he brought into the mainstream.

But it is his pioneering academic work on the oral tradition and in particular on the calypso that many will remember. Calypso was a repository of the submerged past and the weapon used to chronicle the present. His work was and is masterly. A scholar and a critic, he was noted for his study of calypso, oral poetry, and cricket in the Caribbean region. As recently as 2015, Professor Rohlehr published a book about calypsonian the Mighty Sparrow, ‘My Whole Life is Calypso’, in which he stated that he set out to look at whatever might have been taking place in the 40-45 years beyond the early music.

In a tribute to Professor Emeritus Rohlehr, Vice-Chancellor of The UWI, Professor Sir Hilary Beckles said, “The Calypso Chronicler has gone to rest. His resonant, distinctive Guyanese tones have fallen silent. From Bourda to Sabina through Queens’ Park Oval, the region mourns a gentle giant. He served The UWI, his alma mater with distinction. Students and colleagues across the region and beyond have benefitted tremendously from him. Sleep well colleague and friend. Innings well played.”

Pro Vice-Chancellor and Campus Principal at The UWI St Augustine Professor Rose-Marie Belle Antoine, remarked, “His legacy is carried in the students he nurtured at the Campus, through conversation and intense enquiry. His former students and those who thronged his lecture rooms, as well as the many scholars and intellectuals who have benefitted from his pioneering and intense and thorough research, share a deep sense of loss and gratitude. We extend condolences on behalf of the Campus community to his family.”

The University of the West Indies extends heartfelt condolences to his widow Dr. Betty Ann Rohlehr, their children and entire family.

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Parliamentary Officials from across the Caribbean attend workshop in Barbados

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

The UK branch of the Commonwealth Parliamentary Association (CPA UK) recently organised a two-day programme from 26 to 27 January 2023, for parliamentary clerks and officials from Caribbean legislatures.

Hosted by the Parliament of Barbados in Bridgetown, the programme gave attendees the opportunity to share professional knowledge and experience, aiming to strengthen parliaments across the Caribbean.

In total, over 30 officials from 15 legislatures across the Caribbean joined the two clerks from the UK Parliament. Throughout the two days, participants took part in interactive sessions, workshops and discussions to share knowledge and experience on different themes, including topics like clerking debates, the operation of committees, and citizen engagements with parliaments.

Parliamentary officials are essential in sustaining parliamentary democracy. They are integral in ensuring the smooth operation of parliamentary processes and in ensuring that parliamentary rules, known as Standing Orders, are followed. Investing in the professional development of parliamentary officials contributes towards the strengthening of parliaments in the region.

Pedro Eastmond, Clerk of the Parliament of Barbados, commented: “The Parliament of Barbados is delighted to be hosting the Caribbean Clerks Programme. Programmes like this are critical in training and developing parliamentary staff. If you want an effective Parliament, they are essential.”

CPA UK supports and strengthens parliamentary democracy throughout the Commonwealth. This is the third Caribbean Clerks Programme organised by CPA UK. The first two were held virtually in 2021 and 2022 and this is the first time it is being held in-person.

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Four suspects in killing of Haitian president sent to US

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

Four key suspects in the July 7, 2021 assassination of Haitian President Jovenel Moise were transferred from Haiti to the United States on Tuesday to face criminal charges, the US Justice Department has announced.

A total of seven suspects in the case are now in US custody. Dozens of others still languish in Haiti’s main penitentiary, which is severely overcrowded and often lacks food and water for inmates.

The department on Tuesday said Haitian-American dual citizens James Solages, 37 and Joseph Vincent, 57, and Colombian citizen German Alejandro Rivera Garcia, 44, have been charged with conspiring to commit murder or kidnapping outside the United States.

A fourth man, Haitian American Christian Sanon, 54, is charged with smuggling ballistic vests from the United States to Haiti for use in the assassination plot.

The four will appear in federal court in Miami on Wednesday.

The US Justice Department has already charged three others in the assassination, with Sanon, who the department called an “aspiring political candidate,” a key leader of the operation.

It said Sanon recruited about 20 Colombians with military training, led by Rivera Garcia, to help carry out the assassination.

The Colombian squad shot Moise dead on the night of July 6 to 7, 2021 in his private residence in the capital, Port-au-Prince.

“On July 6, 2021, Solages, Vincent, Rivera and others met at a house near President Moise’s residence, where firearms and equipment were distributed and Solages announced that the mission was to kill President Moise,” the department alleged.

US law is being applied in this case because the plan to kill the Haitian president was allegedly partly organised on US soil in Florida, by American-Haitian nationals.

The three charged with the assassination face up to life in prison. Sanon faces up to 20 years for his role in supplying the operation.

Meanwhile, the case has reached a virtual standstill in Haiti, with local officials last year nominating a fifth judge to investigate the killing after four others were dismissed or resigned for personal reasons.

One judge told the AP news agency his family asked him not to take the case because they feared for his life. Another judge stepped down after one of his assistants died in murky circumstances.

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Barbados: Integrity bill laid in Parliament

Black Immigrant Daily News

The content originally appeared on: Caribbean News Service

A revamped Integrity in Public Life Bill went before Parliament on Tuesday outlining heavy fines for those found guilty of an offence under the legislation and a threat of disqualification from holding public office by guilty parties.

“Specified individuals” face the possibility of being fined as much as $50,000 or in some cases, they can be jailed for up to one year, if they are found guilty of an offence. Similarly those individuals captured under the bill could face a fine for failure to report a gift worth over $2,500.

These provisions are outlined in the revised piece of legislation which was laid in Parliament on Tuesday, and will now include incoming judges of the Supreme Court, directors of public prosecution and auditors general.

According to Section 17 of the legislation, an individual who fails to file a declaration without reasonable cause is guilty of an offence and is liable to a fine of $50,000.

An individual who fails to comply with a directive given by the Integrity Commission or the President to place all or part of their assets in a blind trust based on “reasonable grounds”, can also be fined $50,000.

Specified individuals under the legislation include members of the House of Assembly and the Senate, members of the Cabinet, Permanent Secretaries and heads of departments in the public service and holders of public office in the same grade as heads of departments.

A specified person may also refer to chief executive officers, general managers and other executive heads of state-owned enterprises, chairpersons of state-owned enterprises, magistrates and senior officers of the commission.

“A member of the House of Assembly or the Senate who, without reasonable cause, fails to file a statement of registrable interests that he is required to file, is guilty of an offence and is liable, on summary conviction, to a fine of $50 000,” it added.

The bill also outlines that, “A member of the House of Assembly or the Senate who knowingly files with the Commission a statement of registrable interests that is incomplete or false in any material particular is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for one year or to both.”

The legislation further states that where a member of the House of Assembly or the Senate fails to comply with an order under specific sections of the bill within a specified period, the offence shall be deemed to be a continuing offence “and the member shall be liable to a further fine of $3 000 for each day on which the offence continues”.

A member of the House of Assembly or the Senate who is convicted of an offence under section 17 or 20 of the bill “is liable, in addition to any other penalty prescribed by law, to be disqualified from holding any public office for a period of 10 years from the date of conviction for the offence”, according to the legislation.

The law also makes provision for the yet-to-be established Integrity Commission to “make rules prescribing the circumstances in which the acquisition by a specified person in public life of an interest in a contract with the Government or a state-owned enterprise is prohibited.”

According to the proposed legislation, “No member or employee of the commission shall be liable to any action or suit for any matter or thing done by him in good faith as a member or employee of the commission or in the exercise of his functions or the course of his employment, as the case may be.”

Section 23 makes provision for individuals captured under this law who receive a gift worth more than $2,500, or whose spouse or child receives such a gift, to make a report of it to the Integrity Commission using the appropriate form.

The legislation states that individuals “shall state in the report the name and address of the donor, the description and approximate value of the gift and whether, in the opinion of the recipient, the gift is a personal gift or an official gift.”

“This section does not apply to a personal gift received by a specified person in public life from a relative or friend,” it said.

“A specified person in public life who is unsure whether a gift received from a relative or friend is a personal gift or an official gift may apply to the commission seeking an opinion as to the proper classification of the gift,” it added.

The bill further outlined that where the commission finds that a gift was given to a specified person in public life personally and it was “trivial, or it was not trivial but was not intended to be a motive or reward for doing or forbearing to do anything in the course of the discharge of his official functions or for causing any other person to do or forbear from doing anything, the commission shall allow the specified person in public life to retain the gift”.

However, where a specified person in public life who, without reasonable excuse fails to comply with Section 23 of the law, he or she “is guilty of an offence and is liable, on summary conviction, to a fine, which shall not be more than three times the value of the gift involved in the commission of the offence”.

If an individual makes an incomplete or false report in relation to the receipt of gifts, they shall also be found guilty of an offence “and is liable, on summary conviction, to a fine, which shall not be more than three times the value of the gift involved in the commission of the offence or to imprisonment for six months or to both.”

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