Any sensible resolution to the ongoing crisis in the Bolivarian Republic of Venezuela ought, arguably, to go beyond the current simplistic sloganeering of being for “Team Maduro” (Russia, China, Cuba) or for “Team Guaidò” (US, UK and others), depending on the nation’s political interest.

The current situation there is also far more complex than one to which our neutral foreign policy shibboleth of being “friends of all and satellites of none” might apply so as to offer a helpful suggestion, and Barbados patently does not possess the necessary geopolitical clout to be a major player in any final solution. Indeed, it may be reasonably regarded as an issue that we might prudently steer clear of, had it not been for the relative proximity of Venezuela to the Caribbean basin and the high probability of regional contagion from any civil war there.

We might consider aligning ourselves with our CARICOM neighbours, but, even in that body, there exists the identical divisions that exist internationally, each member state’s position being voiced in accordance with its own perceived national interests. As a collective, the region appears to have agreed on a rational call for further dialogue and diplomacy in the matter, although it might be legitimately queried whether the time for this has not already passed. Yet the alternative is too awful to contemplate. Clearly, the immediate outcome will be either a continuation of the existing Maduro regime or a change to an unelected Guaidò-led government.

The paramount consideration in this matter ought to be the best interests of the ordinary Venezuelan people, even if, from a purely legalistic point of view, the rule of law would consider the current Guaidò claim to the presidency nugatory. In this scenario, the issue should ideally be resolved by democratic arbitrament, but Sr. Maduro has already resisted this course. But therein lies the real complexity. How does one replace or install a governing administration outside of the constitutionally stipulated mode of doing so, except by changing the grundnorm, (the supra-constitutional order) which gives that administration its legitimacy? Revolution, (not necessarily violent), an outcome that no one wants, but one that now appears inevitable, usually effects that change.

Integrity

It might be a commentary, sad or otherwise, on the current state of local social existence when the return of a wallet containing a sum of money found by some schoolchildren goes viral on local social media. Of course, it was a commendable gesture, but I am assuming that it is not widely known that the alternative might have involved each of them in a possible criminal charge of theft by finding, so that their good deed was not only morally right but also the legally correct thing to do.

On Monday last week, four pupils from the Reynold Weekes Primary School found a wallet containing a substantial sum of money and agreed among themselves to give it to the snack vendor in order for her to contact the owner. Not that they did not explore other options –“We had a plan to just leave it…” “We were saying that the money would have benefited us for a long time but then we realized it was wrong to take it…”

reynoldweekes

At the same time, the honesty of these children should be a teaching moment for many of us, including those public officials for whom the state is currently seeking to establish elaborate and expensive legislative machinery to prevent and control corruption in public life.

It was the youngsters’ conscience and not their knowledge and fear of the criminal law that ultimately dictated their plan of action. Would that our public officials were similarly minded when confronted with the possibility of benefit from corruptly using their office through illegally conferring a benefit on another for reward.

The difference may lie in true education. Here, I am drawn to the words of the school’s principal as reported in another section of the press. He stated, “Education is not only about academia, but it is also about building character…”

Perhaps we should engage in the re-education, as defined by the Principal, of our public officers rather than enacting complex legislation to guide them as to the right thing to do.

The children’s response in this scenario demonstrates clearly that corruption may be grounded in an admixture of selfishness, greed and a lack of concern for the plight of others. In his book, “Born a Crime”, Trevor Noah, the host of the popular “Today Show”, distinguishes between the circumstance where the criminal is aware of the identity of his or her victim and that where he or she is not. In the latter case, there is usually little or none of the remorse or sympathy that might be felt in the former situation. An act of corruption in public life is of the latter ilk; the victim is some remote, unidentifiable entity. Remorse? What remorse?

Wrongful life

Someone or other must have compiled, by now, a volume recounting legal actions brought in the weirdest circumstances. Such as that of the burglar who sued a homeowner for the personal injury he sustained when he fell through the skylight of a home in the course of an attempted burglary. Or the one brought by Mr Vezmar of Austin, Texas who filed action against his date for the cost of the movie ticket after she spent a substantial period of the evening on her phone. According to Vezmar,
“… she used her phone at least 10-20 times in 15 minutes to text and [to]check her messages.” 

Not all weird lawsuits originate in the US, however. During last week, we learnt of an Indian man, Raphael Samuel, who is suing his parents for giving birth to him without his consent and thereby causing him a life of suffering.

I am at a loss as to how this suit should be classified. I am fully aware of actions for wrongful birth, as for example where the parents of an unwanted child sue for the economic loss resulting to them from the birth of the child. There is also the action for wrongful life, brought by the child alone or with the parents on the ground that the child should not have been born. These actions are ordinarily brought against medical authorities that may have been negligent in performing a sterilization operation or in advising as to the success of one.

The suit here though seems to be one for wrongful conception, in that the man is suing both his parents and is complaining that he was created without his consent. In my opinion, this action is doomed to failure. For one, his claim of no consent to his own conception is plainly far-fetched. According to his mother, a lawyer –
“… if Raphael could come up with a rational explanation as to how we could have sought his consent to be born, I will accept my fault..”

For another, the law sets its face, rightly or wrongly, against regarding the birth of a healthy child as an actionable wrong. So that for all of Mr Samuel’s notion that “the world would be a much better place without human beings in it”, based on his belief in anti-natalism –  a philosophy that argues that life is so full of misery that people should stop procreating immediately, it is doubtful that he will find a fellow believer in a temporal court that itself thrives on human existence.

 

199 responses to “The Jeff Cumberbatch Column – On Venezuela, Integrity, and Wrongful Conception”


  1. remorse what remorse?…when the person is packing


  2. The indian man’s case is interesting , it could open many new avenues yet unexplored by bajan barristers, do you think it could be possible to start a class action suit against Waru’s parents


  3. @Lawson

    Have you tried to wrap your mind around the complexity of the problem facing Venezuela and the geopolitics being played out?

  4. WARU, Crazy & Unstable, Hogging the Blog Avatar
    WARU, Crazy & Unstable, Hogging the Blog

    “Not that they did not explore other options –“We had a plan to just leave it…” “We were saying that the money would have benefited us for a long time but then we realized it was wrong to take it…”

    Which means they can clearly think, analyze, rationalize and give at the cleft meal and legal conclusion…at their tender ages, which makes them future leaders..

    more so than many ministers, politicians and known lawyers who have no such capabilities….and are adults mind you..

  5. WARU, Crazy & Unstable, Hogging the Blog Avatar
    WARU, Crazy & Unstable, Hogging the Blog

    Which means they can clearly think, analyze, rationalize and ARRIVE AT THE CORRECT LEGAL AND MORAL CONCLUSION…at their tender ages, which makes them future leaders..


  6. Yes… not complex…out with the old , but someone has to put a bell on the cat. We have people that hope he gets a bullet so they can make a decision on who they are for.. We have people who hope he takes the money and leaves . We have people that hope he stays and fights, because if any of the other two happens their screwed. If I was a betting man it will be one of the first two if he feels he can get out , with a load of cash, and one of his bosses dont kill him.


  7. @Lawson

    What about North Korea for example?

    Who will bell the cat over there?


  8. Jeff

    I am not quite sure about the laws in Barbados governing lost articles … but yes the children have legal responsibility to return the wallet if it contained the ID of the person who loses it … Or take it to the police…to allow the owner of the wallet responsible time to recover his or her wallet …but if such time has passed then by law the wallet and its content belongs to the children…


  9. War can be a necessary evil in bringing hope for the hopeless .
    Removing the whip from the arms of never-ending violent forces
    Even mother nature when need arises step out with easement with violent force to remove and erase
    negative barriers standing in its way
    There are times when we can look at mother natures actions in helping us to find our way out of debilitating circumstances and as a good example to create new pathways to replaced evil with good.
    No one in their right Mind can look at Maduro actions upon the people of Venezuela as say it is all good
    Time to draw in message in the sand and Act on behalf of the Venezuela people
    This is more than oil there is also a moral inclusion that must be protected against evil.


  10. Are they not in negotiations, I remember recently that missiles were being fired over japan, things kind of quite, prisoners sent back to states, bodies sent back from war, and they are talking it could be much worse. This guy and his buddies like the good things in life as long as that is made possible there can be progress on the peninsula. The last thing you want is a bunch of brain washed people doing a jail break this process of bringing them back into the world community will be slow and steady


  11. @Lexicon

    Yours is not the point Jeff has unsuccessfully tried to make as far as you are concerned. The issue is not about the law, it is about how we educate our people in every way the capacity to do the right thing.


  12. Jeff, we are to assumed that in that wallet there was ID, or something indicating the identity of the owner or else it would have been the vendor’s lucky day based of the children honesty, ignorance and naivety?


  13. @lawson

    Don’t be naive. The North Korea situation is the same as Venezuela, that is, a people stripped of freedoms we take for granted in the West. The problem of Korea is complex and the US- even Trump knows with his bigoted brain. The X factor here Lawson is China isn’t it?

    Open your eyes and you will see. If you can.


  14. I must applaud the parents of those children for teaching them godly principles
    It is also important that these children ( be) seen as a reflection of moral upbringings and what they were taught in their homes
    Their parents should also be singled out and applauded for doing an excellent job in the raising of their children
    Which brings to the question of why do people who were raised in good “christain” households resort to blue collar crime or illegal acts to bring shame to themselves and their households


  15. The problem is the venezualans know there freedoms are gone the koreans dont, yes china but why, because they dont want a mass exodus from korea into their country and as a buffer

  16. WARU, Crazy & Unstable, Hogging the Blog Avatar
    WARU, Crazy & Unstable, Hogging the Blog

    “I must applaud the parents of those children for teaching them godly principles”

    so it is safe to say that neither Fruendel and his Fools nor Mia and her Fools have any of those qualities attributed to these kids who actually have brains between them….care to expound on why…


  17. You have missed the point Lawson. Why is president trump meeting with the Korean leader, a man who was never elected and his father before him?


  18. I think the question is why wouldnt he if there is to be a change


  19. A lot of countrys have people in charge that were never elected or get more votes than people in the country


  20. David

    It is not a matter of educating our people in everyway and capacity to do the right thing, because once you are able read with some comprehension it is your personal responsibility to educate yourself about: morality, law, economic, politics, religion, philosophy etc …

    No one taught me that ignorance of the law is no excuse … I took the time and effort to researched this on my own … no one told me about the Camouflage Law with seems so ridiculous today was enacted in response to crimes committed in this attire during the early 80s … I took the time and effort to researched this law on my own…


  21. @lawson

    We will wait on Trump like we did on Obama, Bush, Clinton and all the others.


  22. Lexicon some laws are just silly, bajan criminals dont need camouflage to work effectively,they just need the sun to go down.


  23. Mariposa

    There is a fine line between ignorance and honesty because what would you have call those same children who may have found cash and given it to the vendor?


  24. David you have to admit there has been progress in the right direction, yes unorthodox but from calling him rocket man telling him they are going to flatten them if they attack his people to meetings and dialogue seems a hopeful sign to me


  25. There can be no progress if one defines the problem in the same way it has been done for Venezuela. The only reason we have not seen an exodus to South Korea and other countries is why?


  26. So you are admitting walls work lol. Venezuala is nothing like korea except that chinas and russia’s tentacles are there but barbados is not above being bought by china.


  27. The DMZ is not just a wall. Do your research.


  28. Waru
    People change. These children are being directed by rules and principles within their home
    As adults they can continue or choose to let go
    But for present they have followed the mandate of moral pathways the parents have instilled in them


  29. HA HA wall of mines wall of bricks wall of lead, its a wall I have not been there myself as you may have been but I do remember how the yacht club kept repairing theirs so I can only wonder why iand for what reason.


  30. What about an exodus to Chine if you persist in your ignorance about the DMZ?


  31. I already told you that is what china is afraid of a mass exodus from korea that is why they are reluctant to have their puppet give up control.America will make it very painful on china hoping they will come around.


  32. You agree the US cannot bully China they way they are attempting to Venezuela? Although both countries have a similar problem?

  33. WARU, Crazy & Unstable, Hogging the Blog Avatar
    WARU, Crazy & Unstable, Hogging the Blog

    “As adults they can continue or choose to let go”

    Is that what continues to happen to 2 failed governments and their horribly tainted members…DBLP both over 60 years old..

    maybe we should put children in the parliament…they are obviously cleaner, more honest, less arrogant and uppity..

    titles will mean nothing to them..


  34. The act of the children should be recognized, however, being honest is what is expected. It is normal behaviour. Next!


  35. The stron gest military in the world is america by far, the strongest economy is America ….unless a country is bent on the end of the world…which could happen if we let the nice muslim people look after the nuclear weapons then yes america can bully China which it is doing right now. Did you go to caracus with commisong and his daughter you seem to be picking a side.


  36. In america children are put in cabinet they are called democrats….


  37. America is the strongest economy in the world because the greenback is held as the global reserve currency. Will this position stand always?


  38. Mariposa

    I know that there are children who therefore following what they have been taught at home, but what children are taught at home must go hand in hand with common-sense … because giving the wallet to the vendor is no sure guarantee that the rightful owner would have gotten it rather than giving it to their parents who taught them right and wrong.

    Nevertheless, I found a wallet cantaining several hundred dollars one Friday many years ago, and inside that wallet was a photo of a man with wife and two young children, as well as credit cards and cash …

    And apparently, the guy was a cable guy who lost the wallet, and along with him was his partner who was helping him searched for the wallet round and about this building…

    However, I saw his partner before him and told him that I found a wallet, and he said to me: give it to him so that he could give it to the owner who was on the other side of the building looking for it.

    And I said to the partner: no I much prefer to give it to the owner myself because of the money and credit cards that were in it … and I did … and the owner offered me and hundred dollars with I flatly refused.
    But the moral of the story is good morals must go hand in glove with common-sense as well…


  39. Hows that bit coin thing working out, I dont see anything changing anytime soon.


  40. lexicon what you have done is cut out the middleman, by doing so cost him 100 dollars by your arrogance in wanting to be perceived as an honest man.


  41. Lexicon
    Instead of chastizing the children for giving the wallet to the vendor
    Maybe you ought to put on a hat of confidence in knowning that these children had enough confidence in knowning that the vendor would have get the wallet to the right person
    Which bodes well for another vote for these children being able to make good decisions in the quickness of time
    Children having the present of mind to think quickly in time of unforseen circumstances and come up with quick solutions to rectify and resolve
    Barbados in this time of economic crisis need visionaries liken to these children not having a need to look on outside influence to solve our nations problems
    Maybe a symbolic gesture like a lost wallet might be the key in helping barbados pull itself up by its own boot straps in finding the answers


  42. Lawson

    I am an honest man, because the following week I went to a store in the heart of the ghetto and lost my wallet … realizing I do not have my wallet on me …I went back to the store and found it beneath the counter … If that not sowing and reaping then what else it is?


  43. Mariposa … I hear you …


  44. Simplistic sloganeering of Team Maduro and Team Guiado? This in itself is simplistic. Its indeed complex; in this little regional showdown is the biggest ideological showdown the world has seen since the collapse of the Soviet Union.
    US capitalism is in crisis and so is US military strength. Trump may be a bit crude, but his America first cry goes right to the heart of the crisis. The Federal charges against Huawei are as bogus as US claims to be sending aid to Venezuela. It is a power play.
    The future – economic, military, communication, etc – is digital and there are two key digital power players, Silicon Valley and Beijing. The claims against Huawei must be seen in that context.
    So is Venezuela, the country with the biggest oil reserves in the world. China has its eyes on Venezuelan oil and the US is determined to restrict it. And the US is prepared to use all its regional influence (the Lima Group, OAS, etc, and satellite nations ie Brazil, a temporary friend) to remove Maduro.
    I can go on with this analysis, but the key point s made. What is important remains: what is the Barbados/CARICOM position on the legitimacy of the Maduro presidency? The answer to this exposes the so-called neutral position of the misleading claim to a Barrowian collective CARICOM foreign policy.
    By the way, the coffee-coloured middle classes have the means and contacts to escape, to speak English to the American and European press and to take television cameras in to poorly equipped hospitals. But where are the black Venezuelans in all this? Once again black people are marginalised. It is complex indeed.

  45. WARU, Crazy & Unstable, Hogging the Blog Avatar
    WARU, Crazy & Unstable, Hogging the Blog

    Lawson…what got you so prickled this morning though….


  46. A hearty good morning to all of Barbados.
    Let me hasten to reassure you that though you are exposed to the wit of l (awsonl) and the wisdom of L(exicon) (the L&l team) this is BU and not hell.


  47. dont have to work today getting ready for trip down south,so thought I would get in the partying mood.last night was out at buddys house he just bought on golf course for dinner. he had just come back from england then LA was going to arizona another friend had just spent time in barbados then on viking cruise on rhine, I am off to DR then phoenix to golf , then barbados finally colombia before back to barbados for new years all blue collar workers on pension. This is the problem when a bunch of blue collar guys can afford to go anywhere it was like when rockefellar got a stock tip from the guy running the elevator time to get out of the market.


  48. With Respect Dean this Piece seems somewhat like a Cook-up/Callaloo/Soup of Incidences pertaining to the Law

    According to Articles 233, 333 and 350 of the Venezuelan Constitution, Juan Guaidó is well within his power as president of the National Assembly to assume the presidency of Venezuela on a provisional basis. Not only were the presidential elections held last year UN-free and Unfair, but more than 50 countries did not recognize their results—leaving Maduro with no domestic or international legitimacy as president.

    Guaidó was elected unanimously following a coalition “pact” to rotate the National Assembly’s presidency every January 5.

    Guaidó had gone mostly unnoticed until Jan. 5, 2019, when he assumed the presidency of the National Assembly, which was mostly made up of Maduro’s opposition after the 2015 elections. Guaidó rose to that position thanks to an internal agreement among the opposition, where each party would take turns holding the presidency. When Guaidó was 26, he joined a group headed by Leopoldo López, who founded the Voluntad Popular (VP) Party. In 2019, it was VP’s turn and the party picked Guaidó. Guaidó is said to be the protégé of Leopoldo López, the jailed politician and founder of VP who headed the opposition since Chávez became president.

    Guaidó was a coordinator for VP in Vargas and served as an alternate representative in the National Assembly from 2010 to 2015. He was then elected as representative in 2015. He was proclaimed president of the Assembly, and it’s because of this that he assumes the role of President of the Republic until elections are called, as stated in the 1999 Constitution.”

    Article 233 of the Constitution states that the president of the National Assembly must assume the presidency of the republic in case there’s a power vacuum… Guaidó claims there is because of the questionable elections that weren’t recognized by a large portion of the international community.

    Image of Juan Guaidó holding up the Venezuelan Constitution on Jan. 23, 2019… (Marjuli Matheus / The Tico Times)

    http://www.ticotimes.net/wp-content/uploads/2019/01/190131_JuanGuaido_4.jpg


  49. For Barbados and CARICOM to stay Silent is a Stance of Cowardice Unless Maduro has paid some of them off as is Alleged!!!

    It is said from a Venezuelan that Maduro already has bought the loyalty of some CARICOM Nations e.g. In Trinidad, there is Corruption going on between Trinidad and Venezuela with Commodities including Human Trafficking that you can buy a Venezuelan Woman in Trinidad…. With Cuba (100 thousand barrels of oil a day), Jamaica, Dominica and Grenada and St. Vincent…..he sends them oil as gifts, Chavez tried with Barbados but Barbados at that time did not fall for it…

    Patriots Will Never Be Forgotten!! Those Standing AGAINST Injustices in their Beloved Country…Now Gone!

    Today I Raise my Voice to Justify why we must Stand with Our Neighbours Against a Regime that so Blatantly Oppresses its People…

    WHO IN BARBADOS WILL STAND IN SUPPORT OF THOSE SUFFERING AND SEND THE MESSAGE TO OUR GOVERNMENT?

    WE MUST ALL STAND FOR WHAT IS RIGHT AND LET THE CONSEQUENCES FOLLOW!!!

    SPEAK NOW THAT YOUR VOICE MAY BE HEARD.

    https://www.facebook.com/raujr/videos/2064947540386321/


  50. good morning Theo you are up early I also see my patio furniture is still there, did you have a night in.

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