est. 2007

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Do they Care?

Submitted by Observing In the silly season we tend to look only at politics, but it is also Covid season.  A look therefore at the recent election call through the eyes of a pandemic situation is necessary The charts above show statistics  for Covid Cases and Positivity Rates in December. Remember we came from highs…

Submitted by Observing
Barbados Covid 19 Numbers

In the silly season we tend to look only at politics, but it is also Covid season.  A look therefore at the recent election call through the eyes of a pandemic situation is necessary

The charts above show statistics  for Covid Cases and Positivity Rates in December. Remember we came from highs of 400 and rates of 20+% in October and November

Since then we have learned about Omicron which was first recorded in November, spread around the world by December 1 and reached the Caribbean a week or so later

What did Barbados do?

We relaxed the policy at the airport without consulting BAMP, botched the rollout of Safe Zones without consulting the Unions, started home isolation and stopped contact tracing without initially letting the public know.

Now on December 27, 2021 snap elections are called.  18 months early.  Let that sink in.

The government holds ALL medical information, projections and forecasts.  He/she is aware of all potential national security and health issues.  They more than anyone, know what the attached charts and regional situation is showing. Yet, despite this, there was a mad unilateral rush to Republic and now another mad unilateral rush to an election 18 months early.

But, just for comparison, let’s look at a few other recent elections regionally

  • St. Lucia, held July 26, 2021. 7 day Covid average at announcement = 7
  • St. Vincent, held November 20, 2020: 7 day Covid average at announcement = 0.86
  • Jamaica, held September 3, 2020: 7 day Covid average at announcement = 18
  • Trinidad, held August 10, 2020: 7 day Covid average at announcement = 1
  • St. Kitts, held June 5, 2020: 7 day Covid average at announcement = 13
  • Barbados to be held January 19, 2020: 7 day Covid average at announcement = 72…and climbing

 I think we get the picture.

In the above cases, constitutional constraints mean elections HAD to be called soon. In Barbados’ case, no such demand existed other than political or individual calculation.   A Prime Minister asked once when will leaders lead.  Leaders do not plunge their people into a state of uncertainty, in a pandemic, in the season of Advent, before the start of school with not even their own people being aware just because “they felt like.”

  • Leaders bring people together of all stripes and loyalties to heal divisions real, perceived or created by themselves.
  • Leaders go beyond just talk and live up to the ideals and values that THEY said they would.
  • Leaders take care of home drums first then worry about attention abroad after.
  • Leaders build trust through transparency and honesty. 
  • Leaders focus on all persons, not just a select few.

I think we all know that this election was not called based on national goals or unity. The general public and the electorate are clearly secondary considerations. 

Keep safe whenever you campaign or wherever you vote.  Long live the Republic.

97 responses to “Do they Care?”

  1. David Avatar
    David

    https://www.instagram.com/theofficialdlpbarbados/reel/CYNjqmJl9A4/

  2. David Avatar
    David

    People in isolation ‘must stay home’

    THE ELECTORAL AND BOUNDARIES COMMISSION (EBC) has made it clear that Barbadians who are COVID19-positive and in isolation are prohibited from leaving their houses to cast a ballot on January 19.
    The matter had been a bone of contention during a press conference hosted by the EBC on Saturday, when head of the COVID-19 Monitoring Unit, Ronald Chapman, disclosed that people known to have the virus and in home isolation or patients of the Harrison Point isolation facility would not be allowed to vote on Election Day.
    That position was then left unknown, when deputy chairman of the EBC, Queen’s Counsel Hal Gollop, said a legal position from their advisor should be sought on the matter.
    EBC chairman Leslie Haynes QC, in a Zoom meeting with media managers yesterday to provide an update on preparations for the election, said they had met on the matter after Saturday’s press conference and were satisfied the law was clear under the current emergency directive in place due to the COVID-19 pandemic.
    ‘Can’t vote’
    “It’s very simple. Those people in isolation cannot leave home, so they can’t vote. Those not in isolation are welcome to vote. Those who come to vote but show signs of illness, the Monitoring Unit will have provisions in place for them. We expect if you are in isolation, you would not breach the protocols,” he said.
    “But very special provisions will be made for everyone at a polling station to be processed safely. We are not responsible for the COVID-19 protocols or the directives. The legal advice is the same.
    We are bound by the laws of Barbados. And the directives say that if you are in isolation you are prohibited from leaving.”
    Supervisor of Elections Angela Taylor said people who show signs of illness or display symptoms will not have a separate ballot box in which to place their votes.
    (BA)

    Source: Nation

  3. angela cox Avatar
    angela cox

    How many times have govt amend the Constitution to accommodate their laws and directives
    Good leadership determines that a leader takes these important constitutional issues with all seriousness
    A good leader would not sit by in silence and leave such an important issues hanging until 19th Jan 2022
    A good leader would pursue due diligence called an emergency meeting of all ministers of Parliament acting on behalf of a Constitutional right of the people using giving directives necessary to add amendments to the law with purpose of a guarantee for all citizens having a right to vote

  4. David Avatar
    David

    Parliament was dissolved.

  5. Observing Avatar
    Observing

    @DAvid
    So we basically in Mia and Dale’s hands for the next 2 and half weeks? lol

  6. David Avatar
    David

    @Observing

    The ministers are in administrative mode until the 20th. May God help us that no crisis should arise:

  7. angela cox Avatar
    angela cox

    She has the power to reconvene
    This issue calls for emergency action
    Not a bunch of talking heads of indecisive divided govt officials on Zoom

  8. David Avatar
    David

    How would she do that? The blogmaster is willing to learn.

  9. 555dubstreet Avatar
    555dubstreet

    Re: Brain damage

    How did they get their sickness

    Proxy voting is a real thing world over

    Another No Brainer! for skilled experienced problem solvers

  10. 555dubstreet Avatar
    555dubstreet

    Jah Order
    »Sensi Addict«
    Knowledge Wisdom Understanding
    Is what the Sensimilla brings

  11. Crusoe Avatar
    Crusoe

    That decision is an error in law. The Constitution does infer that every citizen has the right to vote.

    And if that right exists, where there are challenges, government should make provision that those unable to attend regular polling stations have alternate means of voting.

  12. David Avatar
    David

    @Crusoe

    Some are saying this matter is addressed under the The representation of the peoples act. The EBC is saturated with lawyers frequently interact with the political parties. We will see where this matter leads. Last election there was a last minute court case to permit expats living here after a specified period to vote.

  13. 555dubstreet Avatar
    555dubstreet

    In these times Doctors and Nurses are Government Agents and could become proxies for dead and dying to vote with a witness

    like when lawyers take peoples last wills and testimonies on their death bed before they pop off on their final journey of soul evolution

  14. angela cox Avatar
    angela cox

    DavidJanuary 3, 2022 8:01 AM

    How would she do that? The blogmaster is willing to learn

    Xxxxxx
    Well decisive leadership should expect that she would execute an alternative also seeking power from the President to convene Parluament
    Certainly although the doors of Parliament is closed the members and leaders are still being paid as servants of the people
    Which should translate that when an emergency interacts with dissolvement of Parilament the first order of business would be a reliance on the PM to find resolution
    Mia political games would eventually make way for barbadians to fight for their Constitutional rights and if and when that day comes things gonna get real ugly
    Leadership calls for a leader to unify a country not to divide

  15. 555dubstreet Avatar
    555dubstreet

    Google shit
    A notary, also called a notary public, is a person authorized to witness the signing of legal shit usually concerned with deeds, estates.

  16. 555dubstreet Avatar
    555dubstreet

    “Mia political games would eventually make way for barbadians to fight for their Constitutional rights and if and when that day comes things gonna get real ugly”

    you sound like you are warming up your sound system..
    .. and are now placed on the blacklist of foreign agents attempting to overthrow a sovereign democratic government by revolution in contempt of peaceful election process

  17. Crusoe Avatar
    Crusoe

    Constitutional provisions,
    21. Protection (1) Except with his own consent, no person shall be
    of freedom of assembly and hindered in the enjoyment of his freedom of assembly and
    association. association, that is to say, his right to assemble freely and
    associate with other persons and in particular to form or belong
    to political parties or to form or belong to trade unions or other
    associations for the protection of his interests.

    Subject to the provisions of section 44, any person who Qualifications for
    (a) is a citizen of Barbados of the age of twenty-one years or membership
    upwards; and oftbe
    Assembly.
    (b) has such connection with Barbados by residence therein as
    may be prescribed by Parliament, 1974-34.
    shall be qualified to be elected as a member of the House of
    Assembly.

    Section 21 referring to freedom of assembly in the broader sense means freedom of political action in every way. To exclude anyone from voting would put them at a disadvantage to other citizens, taking from them something which other citizens are allowed to express.

    Section 43. This puts clear allowance for citizens who qualify to be members of Parliament. If someone qualifies to be in Parliament, surely it follows that they also qualify to vote and any obstruction of that right is contrary to their right entrenched in the Constitution?

    It would be absurd for someone to have the right to be in Parliament but not the right to vote, for that Parliament.

    Nowhere in the content of the Constitution does it allow for the exclusion of citizens from such a right. Save for special emergency measures, in which case, surely a government should take every effort to ensure that all effort is made to ensure satisfaction of citizen’s rights.

    On the matter of the Representation of The People Act. No act of Parliament, no case, nothing can eradicate rights that are embedded in the Constitution. The Constitution is supreme, as I am sure you know.

  18. 555dubstreet Avatar
    555dubstreet

    Soundclash Round 1
    Junior Demus Vs Nicodemus

    JUNIOR DEMUS – SANDOKAN

    Nicodemus – Da Plane Land (Tempo Riddim)

  19. David Avatar
    David

    People who are sick in a pandemic maybe considered to be exception to the rule? The lawyers will figure it before the 19th, godknows we have enough of them.

  20. angela cox Avatar
    angela cox

    What lawyers Barbados is made up.if a bunch of self serving and self seeking lawyers
    Haynes response although sickening says it all

  21. Disgusting Lies & Propaganda TV Avatar
    Disgusting Lies & Propaganda TV

    http://www.caribbeanelections.com/eDocs/legislation/bb/bb_%20Represention%20of%20the%20People%20Act-%20CAP12%20-2007-19.pdf

    If I am reading the Barbados Representation of the People Act correctly, being infected with a disease does not disqualify a person being a registered voter. Also to my knowledge there has been no Act that specifically denies persons with diseases from having that right to become a registered elector. From there my interpretation is that once registered, voters CAN VOTE and MUST and ONLY cast that vote in the polling district box in the constituency they are registered in.
    Using this interpretation, denying a person that has tested COVID positive the right to vote is in obvious breach of this act. The state has to find a way for these persons to vote in the polling station by any safe means necessary or it will be disenfranchising these people
    One thought that came to mind is that if the polls are normally open from 6:00 am to 6:00pm on election day, Allow COVID Positive persons to vote at least 1 hour before or one hour after these times.

  22. Critical Analyzer Avatar
    Critical Analyzer

    The problem of Home COVID Isolated not being allowed to leave home to vote is easily fixed within the confines of the current laws.

    1) It requires the EBC setting up special COVID ONLY Polling stations where only the COVID isolated can vote at. Having one per constituency would be ideal but multiple constituencies can be combined at one polling station as well if the numbers warrant.

    2) The CMO already has the authority to give permission to leave home isolation so he can give that permission for the purpose of voting at those special polling stations.

    3) Special transportation to or from can be arranged for those needing transportation.

  23. Disgusting Lies & Propaganda TV Avatar
    Disgusting Lies & Propaganda TV

    The Current Emergency Management Directives( that expire on January 6th) states that a person breaches this directive (i.e. breaks this temporary law) if they leave their place of quarantine or isolation without permission of the CMO. The question is what happens after January 6th, 2022 in general if parliament is dissolved?. How will a new EMD be put in place? Even if a new EMD is put in place i should think there should be accommodation for registered voters in quarantine \isolation to vote
    It indicates TO ME that there is nothing fundamental under the current laws that cannot allow COVID-19 positive persons to vote IN PERSON. For obvious health considerations, I think all that is needed is to provide a “safe” environment to allow it to happen.

  24. David Avatar
    David

    A General Election ism called and boom, Arawak dust issue resolved?

    Clearing the air
    Cement plant closing next month to fix dust problem
    by TRE GREAVES tregreaves@nationnews.com
    THE ARAWAK CEMENT PLANT is to be closed so that special filters to reduce the amount of dust affecting residents can be installed.
    The Checker Hall, St Lucy factory is also prepared to release a study that will reportedly provide details about the emissions from the facility said to be in line with local and international standards.
    Those decisions were announced yesterday after a meeting with Attorney General Dale Marshall, Minister of the Environment Adrian Forde, Barbados Labour Party candidate for St Lucy, Peter Phillips, Arawak’s management, and representative of the concerned residents Melony James.
    It followed an intervention by Prime Minister Mia Amor Mottley, who met with the plant’s management on Monday.
    Marshall said they were hopeful following the meeting as several key solutions to the problems were identified.
    Filter bags
    “Perhaps the most important thing for us is the fact that the plant will be closing down in February to do maintenance and the installation of filter bags; that is key. The filter bags are here but they have to shut the plant down to be able to put the filter bags in and have someone fly in to do it because it’s a specialised craft so that has to be put into place,” he said on site.
    “The discussions have begun. It is for them now to demonstrate their commitment and their goodwill. We are optimistic, but we are also prepared to be back here in a couple of weeks if necessary.”
    He also said they would be reaching out to the Pan American Health Organisation (PAHO) to conduct an independent study.
    “We are going to be requesting [PAHO] so they can identify for us what experts are available within or outside so that we can get the study done and establish the baselines that we need to,” Marshall added.
    In a statement last night, Arawak said it was pleased to share developments for upgrades to its infrastructure with the residents, representatives of Government and the Environmental Protection Department (EPD).
    The company also promised to reduce its CO2 emissions and work to improve communication with residents.
    “At the meeting, it was disclosed that Arawak will retain its investment programme by continuing to upgrade its infrastructure to achieve the sustainability goals of reducing CO2 emissions as it has done throughout the years,” the statement said.
    For many years, Checker Hall residents have complained about the dust particles that cover their homes, appliances, furniture and vehicles. Individuals with respiratory issues have also made complaints.
    The issues resurfaced in late December when residents threatened to protest.
    James, a Checker Hall resident, said the protest was off, for now, as she was pleased with the discussions and that a timeline was set.
    “We are elated to have just completed a meeting with the Arawak Cement management team. They are indicating that a lot of these measures will not be completed until August of this year. As a representative of the people, we understand the issues with the global supply chain and we hope to hold them accountable to their commitments to August. We are going to continue to communicate with them until we are at a level where we are both comfortable,” she said.
    She said releasing results of an EPD study would provide information about the emissions from the plant and possibly ease those with respiratory concerns.
    “We were given the assurance that the plant meets local and international standards as it relates to the level of emissions. They are willing to share the reports coming out of the EPD with the community so we can be appeased and see what those levels truly look like,” she said.
    Phillips, who also previously met with the affected parties, said a common ground was necessary since the plant was vital.
    “The plant is an asset to Barbados and St Lucy, but we also have to put up front the lives of the residents here. I don’t see this as a political issue; it is important and it is an environmental issue. We are glad the lines of communication were reopened and we are working with everyone,” he said.

    Source: Nation

  25. Donna Avatar
    Donna

    Obviously orchestrated to prevent a return to normal St. Lucy DLP status and keep Verla out. Then she will lose the leadership position and the Old Guard will probably take over. And the people, outside of their constituencies, en fuhget dem yet.

    Strategy executed by the One from whom ALL Big Works Flow!

    So transparent that it is sickening. But it will probably work. After all, de Big Works did get the job done, even if only at a time convenient only to her party and not the residents.

    And Verla in Opposition will not be in Big Works deliverable position.

  26. David Avatar
    David

    @Donna

    Is this where you want to post the above comment?

  27. Donna Avatar
    Donna

    David,

    NOPE!

  28. David Avatar
    David

    Ok

  29. David Avatar
    David

    Isolation vote ‘too risky’

    by TONY BEST A POTENTIALLY logistical and expensive “nightmare”.
    That’s how Dr Wayne Greaves, a Bajan and an infectious disease expert in the United States, described calls for Barbados Electoral and Boundaries Commission (EBC) to arrange a last minute special arrangement that would enable COVID-19 infected people now in isolation to vote in the January 19 General Election.
    “I am firmly supportive of not allowing people currently in isolation to go to voting booths to cast their ballots and run the risk of infecting others,” Greaves told the DAILY NATION yesterday.
    “Absolutely not. It would be out of the question. Scientifically, it would not be a good decision to allow people in isolation to go to a booth to vote. It would pose a serious health risk and would be a breach of (health) protocols, given how infectious this current Omicron variant is. While there may be ways to somehow make provision for individuals in isolation to vote it would pose a logistics nightmare to implement such a mechanism. Actually, I don’t think it would be logistically feasible or even worth the effort,” he said.
    Greaves said the downside of getting people in isolation to the polls could outweigh any benefits.
    “While it wouldn’t be impossible, it would likely pose a logistics nightmare and would be costly,” he added.
    Opposition Leader Bishop Joseph Atherley complained a few days ago about the ECB decision not to allow people in isolation to vote. At the time he was was quoted as saying “we have a situation here where thousands of people are going to be disenfranchised because they are confined to their homes by the same Government that has called this election. To me, this is a matter that is worthy of legal consideration and legal redress because you are disenfranchising thousands.
    Make provision
    “If you are going to call the election, make provision for some arrangement where these person can cast their ballot,” said Atherley.
    Greaves, a former professor of medicine at Howard University in Washington, disagreed, contending the risks to the health of uninfected people would be too great.
    “In this matter, the guide should be the current laws what it allows or doesn’t permit in order to protect the health of the entire country. While a specific accommodation may be possible, it would likely pose a major logistics nightmare. After all, you can’t please everybody. When the law was enacted we weren’t thinking of COVID-19. We can’t address every single situation. What has occurred is just an unfortunate situation,” he said.
    Leslie Haynes, a Queen’s Counsel and Chairman of the ECB, told reporters that “those people in isolation cannot leave home so they can’t vote. Those not in isolation are welcome to vote.”
    But Hal Gollop, ECB’s Deputy Chairman, recommended that the board secure a legal opinion on the controversy.
    Greaves, who monitors the COVID-19 situation in Barbados and elsewhere around the world, said if people “were infectious and in isolation that’s how they should remain. It would be a major undertaking” to get around the law and the health protocols at this stage, two weeks before the election.
    “In an extreme case, I think it may possible, but it would be fraught with logistics, expense and everything else. I don’t think it is practical,” added Greaves who said any new effort would be an “inordinately difficult process to manage”.
    As he saw it, “to have people come out of isolation and go to the polls is definitely a no-no”.
    Statistics from the Barbados Government Information Service for COVID-19 update for Tuesday showed there were 164 people in isolation facilities, while 1 604 were in home isolation.

    Source: Nation

  30. David Avatar
    David

    There is consensus from the experts after two years of monitoring Covid 19, it will be with us for some time to come. Our thinking, plans etc have to adjust accordingly.

  31. Donna Avatar
    Donna

    Yup! Life AND DEATH must go on!

    A few of us will die from it but most of us will live with it.

  32. de pedantic Dribbler Avatar
    de pedantic Dribbler

    Ok @ David well stated that “There is consensus from the experts after two years of monitoring Covid 19, it will be with us for some time to come. Our thinking, plans etc have to adjust accordingly.”

    Thus what you are asking quietly is: why did this admin not implement all necessary possible steps to enable a comprehensive voting process so that isolated but able citizens could exercise their right before calling any new election

    Why not indeed!

    Was there no cost effective, secure electronic voting options possible!

    No voting by mail option configurable to address local privacy concerns!

    1,600 plus disenfranchised voters in our voting population is significant … even accepting a ratio of maybe 60% only who may have wanted to vote!

    But as you said otherwise … our admin and leaders want to play stupid and continually make mistake after mistake, after mistake.

    In truth that’s deliberate malfeasance and intent to screw Bajans.

    We enjoy it, tho, clearly!

  33. David Avatar
    David

    The EBC and government department responsible Electoral Office appears to be anchored in 20th century thinking. More importantly the point you made – why have the political parties not flesh this out behind closed doors with the EBC instead of allowing it to rise to another one of those issues humbugging the public space?

  34. President Gort Avatar
    President Gort

    To the original point. I disagree. Mia Mottley clearly has big plans for the country and literally told us so.

    The purpose of the election IS to open the gate to progress.

    After this coming five years, people will call her Barrow #2.

  35. David Avatar
    David

    EBC HANDS TIED!

    By Colville Mounsey
    colvillemounsey@nationnews.com

    With the prospect of hundreds of Barbadians being unable to vote in this month’s General Election due to COVID-19 isolation, chairman of the Electoral & Boundaries Commission (EBC), Leslie Haynes QC, says a determination will be made on possible changes for future elections.
    He told the Saturday Sun that following the January 19 poll the EBC will be conducting a logistical analysis of possible solutions to be recommended to Government, which could include the option of mail-in ballots for future elections.
    However, Haynes made it clear that the only way COVID-19-positive people in isolation could vote in the 2022 election would be through a change in the directives under the emergency powers.
    “Those things would have to be looked at in the future. However, we have to balance that with the resources that we have. Barbados is a fairly small country, but yes, those things should be looked at.
    After every election, the Electoral & Boundaries Commission carries out a review and we analyse the issues arriving from the election.”
    He added: “No doubt after these elections we will be analysing the issues that arose and determine how best we can resolve them. Mail-in ballots is just one suggestion. We would list all of the suggestions, we go through them and write the pros and cons, and then determine which is worthy of consideration to put to the powers that be. This, of course, would require an amendment to the Representation Of The People Act.”
    Questions raised
    The controversy has been brewing since Prime Minister Mia Amor Mottley’s announcement last month that Barbadians will be going to the polls a year and six months before they are constitutionally due, raising questions about whether people in isolation will be able to exercise their franchise.
    On Thursday, 407 more cases of COVID-19 were recorded. There were 176 people in isolation facilities and 2 394 were in home isolation.
    The matter has been compounded by the findings of the most recent modelling by the University of the West Indies’ George Alleyne Chronic Disease Research Centre, which projects a worst-case scenario of a COVID-19 surge peaking at 3 500 cases daily as a result of the Omicron variant.
    Mottley said earlier this week that she would speak to the issue after she was briefed by the
    Ministry of Health and Wellness as well as the EBC. Opposition Leader Bishop Joseph Atherley has also weighed in on the issue, calling into question the integrity of the election.
    Haynes stressed that contrary to what some people were suggesting, the hands of the EBC were tied in this matter, as the law did not permit them to make any adjustments to the manner in which ballots could be cast.
    “It is the COVID-19 directive that people cannot leave isolation and come out to vote; they would be breaching the directive. A polling station is a geographical area and you can’t just put a polling station at Harrison Point. The laws will have to be changed by the powers that be; the EBC cannot go about and change laws,” he said.
    “Logistically there could be challenges too. Let us say you allow a polling station at Harrison Point – what is going to be the provision for the persons who are isolating at home? These are not easy questions to answer,” he said, stressing that the health and safety of electoral officers must also be considered.

    Source: Nation

  36. angela cox Avatar
    angela cox

    Noticed Mia is struggling to connect with the wider audience on the campagain trail
    Her zeal which she demonstrated in past election. cycle was dim or diminished by the fact she did not have Stuart administration to beat upon Hence no buzz words of sensationalism like coorks and thiefs could have be offered to wet the appetite of the voters and send them into a Stuart frenzy of asking to lock them up
    All well know that politics is a blood sport
    Hence most noticeably with past govt absent the Blp cackling geese in what appears to be a grabbing of straws moment with intent to draw blood could not help but to pull out their devious and devilish pitch fork and tried to drive it into the neck of Dawn Amstrong
    Going forward Dawn response was one of apology
    Yet questions still lingers as to why the PM can use insulting language on several occasions while making comments to the larger bajan citizen and no one ask her to apologize

  37. angela cox Avatar
    angela cox

    Good governance is inclusive within the Constituion with all the necessary directives which govt can take in their decision making
    Mia refused to ignore those directives but rather pursue a path of self righteous indignation
    A path which would forever question the legitimacy of this election
    An election which would be written into the history books laden with question marks and controversy linking Barbados election to voter suppression
    Not Good

  38. Crusoe Avatar
    Crusoe

    I disagree with the EBC. As Garth Patterson explained.

    No body has the right to act other than within the Constitution.

    I have to wonder.

  39. angela cox Avatar
    angela cox

    Educate yourself
    A must read

    The boundaries of the EBC
    Literally a month after Barbados transitioned to Republican status, and at the dawn of 2022, the Electoral and Boundaries Commission (EBC) formally confirmed that COVID-19-positive patients, who make up the Barbadian electorate, will be unable to exercise their constitutional franchise at the next general election, which is slated for January 19th, 2022. But does that formal confirmation render the EBC blameworthy for this democratically unjustifiable state of affairs? An answer to this question necessitates an examination of the functions and legal boundaries of the EBC.
    The EBC’s functions and boundaries
    The EBC was established by and under the Barbados Constitution, and it is therefore a constitutional body.
    Section 41C of the Constitution provides that the EBC shall be independent and shall not be subject to the direction or control of any person or authority when it is discharging its constitutional functions.
    This means that not even the Prime Minister or the Government could intermeddle in the decisions and decisional processes of the EBC.
    Under the same section 41C, the EBC’s overarching function is to direct and supervise the registration of electors and the conduct of electoral affairs in Barbados and any matters incidental thereto.
    With such a sweeping mandate, this begs the question – what precluded the EBC from putting special provisions in place for COVID-19-positive electors so that they would be able to cast their votes on polling day? In short, the EBC’s authority in this context is constricted by certain legislative requirements.
    What are some of these requirements? First, pursuant to sections 3-6 of the Emergency Management (COVID-19) Order, 2020, electors who are COVID-19 positive will be required to quarantine or will have to remain in isolation stations.
    Second, section 39 of the Representation of the People Act (ROPA) effectively makes it mandatory for electors to vote in person at designated polling stations.
    The conjoint effect of these two requirements raises the conundrum – if a COVID-19-positive elector is required to quarantine or isolate, how can they vote in person at a designated polling station? One may hasten to suggest that polling stations could have been set up specifically for COVID-19-positive electors at Harrison’s Point or other isolation facilities. That way the COVID-19-positive electors could have voted and isolated simultaneously.
    However, whilst this may be logistically possible for the EBC, there is a third legislative requirement that would put a spoke in the EBC’s wheel.
    Section 6 of the ROPA dictates that an elector is disentitled from voting in a constituency unless he/she is qualified to be an elector for that constituency and unless the elector is registered in the register of electors for that constituency.
    Contextually, therefore, as it stands, it is legally impossible for the EBC to create a polling station at Harrison’s Point or other isolation facilities to allow COVID-19-positive electors to vote, since not all of those COVID-19-positive electors will be qualified or registered to vote in the constituencies in which the isolation facilities are located.
    Essentially, the EBC could not have enabled or facilitated voting for COVID-19-positive electors without overstepping its boundaries by flouting either the COVID-19 Order or the ROPA, or both.
    Therefore, while it is easy to castigate the EBC for making the announcement, the EBC should not be blamed for the disenfranchisement of COVID-19-positive electors.
    The EBC’s hands were truly shackled. That is the regrettable reality.
    Who is deserving of blame?
    Having established that the EBC is not to be blamed, this raises the question – who is deserving of the culpability? Seasoned Attorney-at-law Lynette Eastmond and Law Lecturer Dr. Ronnie Yearwood both hit the nail directly on its head when they recently intimated that this is wholly the Government of Barbados’ fault.
    However, I will go further and say that it is specifically the fault of the Prime Minister (PM).
    Under section 61(2) of the Constitution, the PM is accorded power to unilaterally call a general election before it is constitutionally due.
    Incidentally, only the PM can exercise this power. PM Mottley resolved to exercise this power and called what is being described as a ‘snap election’. When this constitutional power is exercised by the PM, Parliament must dissolve with immediate effect, which means that all parliamentary seats automatically become vacant.
    However, only the PM’s Cabinet can amend the COVID- 19 Order, and only Parliament can amend the ROPA, and these are the two pieces of legislation that are preventing the EBC from allowing COVID-19-positive electors from voting on polling day.
    What PM Mottley failed and neglected to do before she called the snap election was to ensure that the COVID-19 Order and the ROPA were duly amended to allow COVID- 19-positive electors to vote at the next general election. If PM Mottley had done this, the EBC’s hands would not have been legally tied.
    Furthermore, an argument can be made that the failure to amend the ROPA to allow COVID-19-positive electors to vote makes the ROPA unconstitutional.
    This argument could be fortified by section 42(2)(b) of the Constitution, which states that “[a]ny law providing for the election of members of the House of Assembly shall, in particular, contain provisions designed to ensure that as far as practicable any person qualified to vote…has a reasonable opportunity of voting.”
    It certainly is practicable to allow COVID-19-positive electors to vote in Barbados amidst a pandemic, which has been in existence for almost two years now. During the pandemic, COVID-19-positive electors were allowed to vote in multiple countries, including Jamaica and the United States of America.
    There is absolutely no cogent reason why our relevant legislation could not have been amended to allow for the same in Barbados. As a matter of fact, prior to the presidential election in America, the Centers for Disease Control and Prevention (CDC) stated on its website that “[v]oters have the right to vote, regardless of whether they are sick or in quarantine.”
    We cannot be picking and choosing when to follow the science and medical expertise for political expedience.
    Exercise common sense
    The PM’s decision to call a snap election without ensuring that COVID-19-positive electors could exercise their democratic franchise was improvident, impulsive and self-serving.
    The critical question left is, can the PM remedy this unfortunate situation? The answer is ‘Yes’.
    Under section 61(5) of the Constitution, if Parliament has been dissolved, the PM can advise the President that Parliament should be reconvened if an emergency arises of such a nature that, in the opinion of the PM, it is necessary for the two Houses of Parliament or either of them to be summoned before the next general election.
    To my mind, apart from the fact that we are already in a state of emergency because of the pandemic, the possible disenfranchisement of COVID-19-positive electors is so grave that it could constitute an emergency of such a nature that should cause the PM to advise the President that Parliament should be reconvened to address this problem.
    The right to vote is the backbone of any constitutional democracy. Without this right, we would not even have a democracy. To deprive COVID-19-positive electors of their right to vote, when it is reasonably possible for them to safely exercise it, is to debilitate our democracy and democratic principles.
    The PM is always quick to implore others to exercise common sense, and she fervently advocates for putting people over politics. I now implore the PM to exercise common sense by exercising her power under section 61(5) of the Constitution so that this dire situation can be addressed.
    If the PM refuses or fails to exercise this power, it will speak volumes.
    It would simply mean that this time it will be politics over people. Is this how we want to usher in 2022 for Barbados, the new Republic? PM Mottley, the ball is now in your court!
    Rico J. Yearwood is a social activist, the Head of the Public Law Department at CARICOM Attorneysat-Law and a co-host of the award-winning CARICOM Public Law Podcast.

  40. TheOGazerts Avatar
    TheOGazerts

    Bajans will produce volumes and treaties.
    The will wax long and eloquently.
    But after the hot air is expelled nothing will be done.

    Tired of the pseudo-intellectual BS being pushed. Men and women of words and never of action. March, protest…. Where is our Duke of York.

    Oh, the grand old Duke of York
    He had ten thousand men
    He marched them up to the top of the hill
    And he marched them down again…

  41. Donna Avatar
    Donna

    This government is far too hasty. Too many actions not thoroughly thought through.

    We lurch from controversy to crisis daily.

    My head is spinning!

  42. David Avatar
    David

    Too hasty or too many incompetent actors involved in the decision making process.

  43. David Avatar
    David

    “West Coast restaurants to implement vax-only policy

    In another month, patrons who wish to dine at the popular West Coast restaurants, The Tides and QP Bistro must be fully vaccinated, management announced Friday.
    Happy Group Restaurants, which manages the two establishments, served notice that it will implement a “safety zone policy requiring full vaccination against the COVID-19 virus with effect from February 16, 2022”.
    The policy also requires staff to be fully vaccinated.
    “No testing is being done and a negative test will not be accepted in lieu of vaccination. It’s a vaccination-only policy and persons who cannot provide evidence of valid vaccination status will not be allowed access,” it said.
    Management explained the policy is being implemented to ensure that all patrons, staff, suppliers and visitors to its restaurants can enjoy the experience while benefitting from the highest possible level of safety.
    Operations Director Jacqueline Sealy said: “We are happy to do everything in our power to protect our staff, customers and their families. We have had huge support from our staff to create safer restaurants.”
    Sealy added that the restaurants continue to adhere to the full suite of COVID-19 safety protocols, in keeping with Government’s policy directives.
    Several private sector companies have implemented safe zones requiring either vaccination or testing.
    Local boutique hotel, the Sweetfield Manor and the PAVAO Barbados restaurant, both located in the Upper Garrison area of the Bridgetown UNESCO Historic Area; Senses Marche restaurant and Caribbean Smile Makers Dental Clinic, both located at Belleville, St Michael, are among them.
    Last November, entrepreneur and president of the Barbados Dental Association Dr Vijay Armogan rolled out a private sector safe zone policy to protect staff and clients in his group of companies. All patrons must be fully vaccinated, have a COVID-19 PCR test 72 hours before visiting the establishment, or have a rapid test done at their own expense.
    The website barbadossafezones.com has already been launched.
    Back in November 2021, the Ministry of Health and Wellness launched the first phase of its safe zones initiative in the healthcare sector. However, challenges resulting from an apparent lack of consultation on the policy resulted in the initiative being put on hold pending further consultations with key stakeholders. (SD)”

    Source: BT

  44. Hants Avatar
    Hants

    They care.

    https://barbadostoday.bb/2022/01/08/ministries-bracing-for-omicron-impact/

  45. Observing Avatar
    Observing

    @David
    The unions kept noise with Lionel C Hill. Will they keep noise with the Wet Coast restaurants?

    @Hants
    The effect will be sharp. Sad thing is the sharpness coincides with elections. An eventuality that the government would have known full well about. Hence the criticism they (or the PM) so rightly deserve.

    Just observing

  46. David Avatar
    David

    @Observing

    A rhetorical question no doubt.

  47. GP, one time BU "resident doctor" Avatar
    GP, one time BU “resident doctor”

    RE To the original point. I disagree. Mia Mottley clearly has big plans for the country and literally told us so.
    The purpose of the election IS to open the gate to progress.
    After this coming five years, people will call her Barrow #2.
    IN PSYCHIATRY THIS IS CALLED “DELUSIONS OF GRANDEUR”

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