National youth service
thenassauguardian editorial
There are some ideas many claim to understand but which few actually do, such as national youth service (NYS), which the country should better define before moving ahead with any new initiatives that bear the name, but have little resemblance to more authentic models of NYS.
In defining an idea, it’s clarifying to acknowledge what it isn’t. Efforts to rehabilitate non-violent juvenile offenders or provide alternative programs for school-age youth the public education system is unable “to handle” have been wrongly defined and mislabeled as national youth service.
Military and penal oriented programs are not examples of NYS. The former Youth Empowerment and Skills Training Institute (YEAST), for all its merits and problems, is similarly not a form of NYS. Despite criticisms, those who initiated, built and supported YEAST deserve our gratitude.
While successive governments have spoken eloquently of the importance of NYS, they have failed to define the concept. But, despite this lack of clarity, there has been an enduring effort to provide our young people with opportunities to contribute to the common good through community service.
This spirit has produced fine programs such as the Girl Guides, Kiwanis’ Key Clubs and an impressive list of private efforts to develop character and promote active citizenship among our youth.
But these laudable programs are also not NYS. National youth service by its definition is more broad-based, involving significant numbers of young people.
Whether we realize it or not, the country has already developed a form of NYS, namely, the mandatory community service program in our public and most of our private secondary schools.
This is an example of having a good thing and not recognizing its goodness, especially with regards to the thousands of hours of service thousands of Bahamian youth have already given to the nation.
But this good idea, yet underdeveloped program, is quite flawed in terms of its mission, direction, oversight and effectiveness. We have to make this good thing even better by holding these school-based programs to a higher standard and providing them with clearer guidelines and better management and accountability.
While there are other forms of NYS that can be geared towards college and post-college young people, and should be thought through, the country already has a national youth service infrastructure, namely, our junior and secondary schools filled with all of the nation’s youth, to whom we can provide myriad citizenship building and community service-learning experiences.
Our national challenge is not to launch new programs that check-off some box called national youth service, but to take what we already have and dramatically revise it so that the promise of NYS, already realized in some form, can more accurately fulfill the idea and ideals of a national youth service of which we have long dreamed.
2/19/2011
thenassauguardian editorial
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Sunday, February 20, 2011
Friday, February 18, 2011
In every way and in every segment of life the Bahamian's value system has certainly changed
The Bahamas' changing value system
tribune242 editorial
WE HAVE had several calls about our editorial of February 11, which for the first time revealed the name of an anonymous letter writer, whose identity excited political circles in 1962, but for 49 years remained a mystery. Today, few people would be interested in our mystery man, but in the political turmoil of the sixties, a British editor was threatened with prison for refusing to reveal his identity.
However, with the death of Paul Bower on January 24, memories of those few days in the Magistrate's Court in October, 1963 came flooding back. For several years speculation continued about the letter writer. Today, when it no longer matters, and few would care, we realised that we were now the last living person who knows the letter's author. For the sake of history we revealed it in this column on February 11.
The calls that we have received as a result of that column, were not about the mystery writer, now unmasked, but about the fate of Paul Bower when he refused to give the court the writer's name. No, he did not go to prison as threatened by Magistrate John Bailey, who when off the bench was one of his best friends.
The case ended suddenly when the Guardian owners decided to pay the plaintiffs' damages, and rescue their man from the edge of the cliff. Magistrate Bailey had refused the Guardian leave to appeal his decision of name or prison.
Mr Bower, who was Guardian editor from 1958 to August 1962 (two months before the case came to court in October), asked the magistrate: "What would happen should I refuse (to reveal the writer's name)?"
"You would be in contempt," the Irish magistrate replied.
"What would be the consequences?" Mr Bower pressed. "A fine or a prison sentence," the magistrate shot back.
"Ten days in Her Majesty's prison!" LB Johnson, one of the six PLP plaintiffs, demanded loudly. This exchange was followed by a luncheon adjournment. By the afternoon the case was over, Mr Bower had missed the arrow, the plaintiffs had their damages, and letter writer Bert Cambridge was still a mystery man.
Guardian lawyer James Liddell had argued that not only was the plaintiffs' complaints vexatious, but that what was being complained of before the court was the letter and its content, not the identity of the writer. But the plaintiffs were not buying that argument, nor was the magistrate. In a few weeks time there would be a general election, which the PLP were confident of winning - in fact they lost. Racism was a heavy card being played at the time, and the six PLP plaintiffs -- all lawyers - wanted to know which white man would dare question their integrity in an anonymous letter. What they did not know was that the writer was, like themselves, a black man, a former politician, whose character Mr Bower had described in glowing terms in court. Several of the plaintiffs were Bert Cambridge's friends. In fact he had given music lessons to one of them. Bert Cambridge's Orchestra was the hottest band in town in the twenties and thirties, and music was his career.
But what we find most interesting is the change over the years in public values. In those days it was seldom that one sued a newspaper for defamation, and anything over £100 in damages was certainly unheard of. And so for "An Open Letter to Mr Paul Adderley," published in The Guardian on August 21, 1962 the six lawyers -- Paul Adderley, Loftus Roker, Lynden Pindling, AD Hanna, LB Johnson and Orville Turnquest -- each asked for £100 for the damage perceived to have been done to their reputations, plus costs, which in those days would have been minimal.
However, thanks to the influence over the years of America's legal system where it almost pays to do oneself an injury in a public place and walk away with millions awarded by the courts, Bahamians have adjusted their opinion of their own worth.
In 1962, Orville Turnquest who became the Bahamas' Governor General, was not bloated up with his own importance. He obviously felt well compensated with £100 for the slight he had felt was committed against him. If he had known that it was his old piano teacher, he probably would have slapped him on the back, had a good laugh and they would have gone off to make music together.
However, today we see some of these complaints, many of them vexatious, and the value -- starting in the thousands --that persons put on their own worth and we wonder where they are coming from.
In every way and in every segment of life the Bahamian's value system has certainly changed.
February 18, 2011
tribune242 editorial
tribune242 editorial
WE HAVE had several calls about our editorial of February 11, which for the first time revealed the name of an anonymous letter writer, whose identity excited political circles in 1962, but for 49 years remained a mystery. Today, few people would be interested in our mystery man, but in the political turmoil of the sixties, a British editor was threatened with prison for refusing to reveal his identity.
However, with the death of Paul Bower on January 24, memories of those few days in the Magistrate's Court in October, 1963 came flooding back. For several years speculation continued about the letter writer. Today, when it no longer matters, and few would care, we realised that we were now the last living person who knows the letter's author. For the sake of history we revealed it in this column on February 11.
The calls that we have received as a result of that column, were not about the mystery writer, now unmasked, but about the fate of Paul Bower when he refused to give the court the writer's name. No, he did not go to prison as threatened by Magistrate John Bailey, who when off the bench was one of his best friends.
The case ended suddenly when the Guardian owners decided to pay the plaintiffs' damages, and rescue their man from the edge of the cliff. Magistrate Bailey had refused the Guardian leave to appeal his decision of name or prison.
Mr Bower, who was Guardian editor from 1958 to August 1962 (two months before the case came to court in October), asked the magistrate: "What would happen should I refuse (to reveal the writer's name)?"
"You would be in contempt," the Irish magistrate replied.
"What would be the consequences?" Mr Bower pressed. "A fine or a prison sentence," the magistrate shot back.
"Ten days in Her Majesty's prison!" LB Johnson, one of the six PLP plaintiffs, demanded loudly. This exchange was followed by a luncheon adjournment. By the afternoon the case was over, Mr Bower had missed the arrow, the plaintiffs had their damages, and letter writer Bert Cambridge was still a mystery man.
Guardian lawyer James Liddell had argued that not only was the plaintiffs' complaints vexatious, but that what was being complained of before the court was the letter and its content, not the identity of the writer. But the plaintiffs were not buying that argument, nor was the magistrate. In a few weeks time there would be a general election, which the PLP were confident of winning - in fact they lost. Racism was a heavy card being played at the time, and the six PLP plaintiffs -- all lawyers - wanted to know which white man would dare question their integrity in an anonymous letter. What they did not know was that the writer was, like themselves, a black man, a former politician, whose character Mr Bower had described in glowing terms in court. Several of the plaintiffs were Bert Cambridge's friends. In fact he had given music lessons to one of them. Bert Cambridge's Orchestra was the hottest band in town in the twenties and thirties, and music was his career.
But what we find most interesting is the change over the years in public values. In those days it was seldom that one sued a newspaper for defamation, and anything over £100 in damages was certainly unheard of. And so for "An Open Letter to Mr Paul Adderley," published in The Guardian on August 21, 1962 the six lawyers -- Paul Adderley, Loftus Roker, Lynden Pindling, AD Hanna, LB Johnson and Orville Turnquest -- each asked for £100 for the damage perceived to have been done to their reputations, plus costs, which in those days would have been minimal.
However, thanks to the influence over the years of America's legal system where it almost pays to do oneself an injury in a public place and walk away with millions awarded by the courts, Bahamians have adjusted their opinion of their own worth.
In 1962, Orville Turnquest who became the Bahamas' Governor General, was not bloated up with his own importance. He obviously felt well compensated with £100 for the slight he had felt was committed against him. If he had known that it was his old piano teacher, he probably would have slapped him on the back, had a good laugh and they would have gone off to make music together.
However, today we see some of these complaints, many of them vexatious, and the value -- starting in the thousands --that persons put on their own worth and we wonder where they are coming from.
In every way and in every segment of life the Bahamian's value system has certainly changed.
February 18, 2011
tribune242 editorial
Thursday, February 17, 2011
Dr. Andre Rollins: I have decided to act now to follow my convictions and to proudly join the Progressive Liberal Party (PLP)
Former NDP chief Andre Rollins joins the PLP
By LAMECH JOHNSON:
ORTHODONTIST and would-be parliamentarian Andre Rollins has joined the Progressive Liberal Party after tendering his resignation to the National Development Party.
The former NDP chairman said it was his belief that Bahamians wanted to see a change in the nation's politics, however the expectation had been placed on the already established political parties as opposed to political newcomers.
Dr Rollins said: "It is my strong conviction that it is neither wise, nor practical, to continue pursuing the development of a new political party in an environment of scarce resources and weak public demand, where prospects for success are long-term at best and with so much at stake in our nation's immediate future."
Dr Rollins said while he shared the idealism of many concerning the imperfections of the major parties, he appreciated the importance of pragmatism in strategically solving national problems.
Dr Rollins added: "It is still my belief that Bahamians want to see change in our nation's politics, because they realise the critical role that government must play in correcting the now regressive course of our national development."
Last year, Dr Rollins was one of five candidates fighting to represent Elizabeth Estates, securing 49 votes.
Shortly after the by-election, Dr Rollins was courted by Prime Minister Hubert Ingraham and former PLP first lady Dame Marguerite Pindling, who invited him to join their parties.
In July, Fox Hill MP Fred Mitchell expressed his desire to see Dr Rollins cross over to the PLP after his performance in the country's first political debate, a week prior to the by-election.
At that time, the orthodontist maintained his membership in the NDP.
In yesterday's statement, Dr Rollins encouraged the leadership of the NDP to consider the viability of merging with the PLP.
He said: "Just as I believe in our nation's potential for greatness, despite our present shortcomings, I am also confident that notwithstanding the PLP's imperfections, this groundbreaking party still possesses the capacity for change."
Dr Rollins added: "Whatever the party's ultimate decision, they know that I shall respect their right to proceed as they deem best, yet hold out hope that we will be of one accord; but I have decided to act now to follow my convictions and to proudly join the PLP."
February 17, 2011
tribune242
By LAMECH JOHNSON:
The former NDP chairman said it was his belief that Bahamians wanted to see a change in the nation's politics, however the expectation had been placed on the already established political parties as opposed to political newcomers.
Dr Rollins said: "It is my strong conviction that it is neither wise, nor practical, to continue pursuing the development of a new political party in an environment of scarce resources and weak public demand, where prospects for success are long-term at best and with so much at stake in our nation's immediate future."
Dr Rollins said while he shared the idealism of many concerning the imperfections of the major parties, he appreciated the importance of pragmatism in strategically solving national problems.
Dr Rollins added: "It is still my belief that Bahamians want to see change in our nation's politics, because they realise the critical role that government must play in correcting the now regressive course of our national development."
Last year, Dr Rollins was one of five candidates fighting to represent Elizabeth Estates, securing 49 votes.
Shortly after the by-election, Dr Rollins was courted by Prime Minister Hubert Ingraham and former PLP first lady Dame Marguerite Pindling, who invited him to join their parties.
In July, Fox Hill MP Fred Mitchell expressed his desire to see Dr Rollins cross over to the PLP after his performance in the country's first political debate, a week prior to the by-election.
At that time, the orthodontist maintained his membership in the NDP.
In yesterday's statement, Dr Rollins encouraged the leadership of the NDP to consider the viability of merging with the PLP.
He said: "Just as I believe in our nation's potential for greatness, despite our present shortcomings, I am also confident that notwithstanding the PLP's imperfections, this groundbreaking party still possesses the capacity for change."
Dr Rollins added: "Whatever the party's ultimate decision, they know that I shall respect their right to proceed as they deem best, yet hold out hope that we will be of one accord; but I have decided to act now to follow my convictions and to proudly join the PLP."
February 17, 2011
tribune242
Wednesday, February 16, 2011
The opposition Progressive Liberal Party (PLP) cries shame on The Bahamas government for accepting an offer that is clearly below market value for the Bahamas Telecommunications Company (BTC)
BTC political row worsens
By CANDIA DAMES
The Nassau Guardian News Editor
candia@nasguard.com
Parties hit out over $210M deal
The sparring over the government’s decision to sell 51 percent of the Bahamas Telecommunications Company (BTC) to Cable and Wireless Communications (CWC) has intensified, with the two major political parties arguing over whether the majority of Bahamians support the deal.
The Progressive Liberal Party (PLP) said yesterday that its parliamentary caucus has embarked on a thorough and comprehensive review of the BTC and CWC transaction, and will be releasing regular positions on each component of the transaction.
“The PLP has clear and unequivocal objections to the commercial terms of this transaction, and more specifically the purchase price and consideration the government, and the Bahamian people, will realize from the sale of this prized national asset,” the party said in a statement.
The government has agreed to sell 51 percent of the shares of BTC to CWC for $210 million plus taxes.
“However, when one looks more closely at the terms of the transaction as set out in the share purchase agreement, it is clear The Bahamas government is receiving far less than $210 million, and it is equally clear that whatever the government eventually receives is far less than the value of 51 percent of BTC,” the PLP claimed.
“The Bahamas government is obligated to leave at least $15 million in cash in the company. Furthermore, The Bahamas government is obligated to fund pension liabilities in the amount of $39 million. Taking into account these obligations of the Bahamian government, the most the government will receive is $156 million for 51 percent of BTC.
“The PLP objects to this and cries shame on the government for accepting an offer that is clearly below market value for BTC. In fact, the Financial Times pointed out that the $210 million purchase price was below the industry average; certainly $156 million is significantly below market price for 51 percent of BTC.”
Meanwhile, an argument has intensified over the level of support the government has on the privatization issue.
An earlier statement released by Elizabeth MP Ryan Pinder on behalf of the PLP said the party takes exception to the Free National Movement’s practice of “misleading the Bahamian public on the support for the BTC sale to Cable and Wireless.”
“The PLP proposes that the majority of Bahamians are against this specific sale of BTC. The PLP has committed itself to a series of statements and position pieces that will clearly note our objections to the BTC sale, focused on different objections,” Pinder said.
“The PLP is also committed in these releases to educating Bahamians as to the shortfalls of this proposed sale of BTC. The PLP demands that the FNM be honest and straightforward with the Bahamian people on this give away of the people's asset, BTC.”
But the FNM shot back in a statement last night, saying as support for the opposition’s position on the partnership to create a new BTC with Cable and Wireless continues to erode, it has begun to panic and continues to ignore the voices of the majority of Bahamians.
“The opposition says that it ‘proposes that the majority of Bahamians are against this specific sale of BTC’. Rather than proposing, the FNM has taken note of two surveys over the past two weeks which have shown the surge of support for the creation of a new BTC. One survey was conducted by a private group (Consumer Voices Bahamas) the other by one of the dailies,” the FNM said.
The FNM noted that in The Nassau Guardian’s online survey 4,563 people responded. The question was whether respondents supported the PLP’s decision to reject the deal.
“It appears that the voices of these thousands of Bahamians and many others are of no consequence to the PLP, which now seeks to substitute its own faltering position for that of the majority of Bahamians,” the FNM said.
But Pinder said in his statement that a previous FNM release and associated polls “misrepresented” the views of Bahamians.
“The unscientific polls focused on whether privatization was a good idea, and not [the] real issue that concerns the majority of Bahamians, which is whether this sale to Cable and Wireless under the proposed terms tabled in the House of Assembly last week is a good deal,” he said.
The FNM insisted however that support for the deal continues to grow among Bahamians.
“We believe that after the House of Assembly debate on BTC’s future, that many more Bahamians will support the new partnership, as misinformation and incorrect information are countered with the facts, which will shed more light on the fiction promoted by certain narrow interests,” the FNM said.
2/16/2011
thenassauguardian
By CANDIA DAMES
The Nassau Guardian News Editor
candia@nasguard.com
Parties hit out over $210M deal
The sparring over the government’s decision to sell 51 percent of the Bahamas Telecommunications Company (BTC) to Cable and Wireless Communications (CWC) has intensified, with the two major political parties arguing over whether the majority of Bahamians support the deal.
The Progressive Liberal Party (PLP) said yesterday that its parliamentary caucus has embarked on a thorough and comprehensive review of the BTC and CWC transaction, and will be releasing regular positions on each component of the transaction.
“The PLP has clear and unequivocal objections to the commercial terms of this transaction, and more specifically the purchase price and consideration the government, and the Bahamian people, will realize from the sale of this prized national asset,” the party said in a statement.
The government has agreed to sell 51 percent of the shares of BTC to CWC for $210 million plus taxes.
“However, when one looks more closely at the terms of the transaction as set out in the share purchase agreement, it is clear The Bahamas government is receiving far less than $210 million, and it is equally clear that whatever the government eventually receives is far less than the value of 51 percent of BTC,” the PLP claimed.
“The Bahamas government is obligated to leave at least $15 million in cash in the company. Furthermore, The Bahamas government is obligated to fund pension liabilities in the amount of $39 million. Taking into account these obligations of the Bahamian government, the most the government will receive is $156 million for 51 percent of BTC.
“The PLP objects to this and cries shame on the government for accepting an offer that is clearly below market value for BTC. In fact, the Financial Times pointed out that the $210 million purchase price was below the industry average; certainly $156 million is significantly below market price for 51 percent of BTC.”
Meanwhile, an argument has intensified over the level of support the government has on the privatization issue.
An earlier statement released by Elizabeth MP Ryan Pinder on behalf of the PLP said the party takes exception to the Free National Movement’s practice of “misleading the Bahamian public on the support for the BTC sale to Cable and Wireless.”
“The PLP proposes that the majority of Bahamians are against this specific sale of BTC. The PLP has committed itself to a series of statements and position pieces that will clearly note our objections to the BTC sale, focused on different objections,” Pinder said.
“The PLP is also committed in these releases to educating Bahamians as to the shortfalls of this proposed sale of BTC. The PLP demands that the FNM be honest and straightforward with the Bahamian people on this give away of the people's asset, BTC.”
But the FNM shot back in a statement last night, saying as support for the opposition’s position on the partnership to create a new BTC with Cable and Wireless continues to erode, it has begun to panic and continues to ignore the voices of the majority of Bahamians.
“The opposition says that it ‘proposes that the majority of Bahamians are against this specific sale of BTC’. Rather than proposing, the FNM has taken note of two surveys over the past two weeks which have shown the surge of support for the creation of a new BTC. One survey was conducted by a private group (Consumer Voices Bahamas) the other by one of the dailies,” the FNM said.
The FNM noted that in The Nassau Guardian’s online survey 4,563 people responded. The question was whether respondents supported the PLP’s decision to reject the deal.
“It appears that the voices of these thousands of Bahamians and many others are of no consequence to the PLP, which now seeks to substitute its own faltering position for that of the majority of Bahamians,” the FNM said.
But Pinder said in his statement that a previous FNM release and associated polls “misrepresented” the views of Bahamians.
“The unscientific polls focused on whether privatization was a good idea, and not [the] real issue that concerns the majority of Bahamians, which is whether this sale to Cable and Wireless under the proposed terms tabled in the House of Assembly last week is a good deal,” he said.
The FNM insisted however that support for the deal continues to grow among Bahamians.
“We believe that after the House of Assembly debate on BTC’s future, that many more Bahamians will support the new partnership, as misinformation and incorrect information are countered with the facts, which will shed more light on the fiction promoted by certain narrow interests,” the FNM said.
2/16/2011
thenassauguardian
Tuesday, February 15, 2011
BTC unions lose court battle to block the sale of 51 % stake in Bahamas Telecommunications Company (BTC) to Cable and Wireless Communications (CWC)... [Ordered to pay costs]
BTC unions lose court battle
By KEVA LIGHTBOURNE
Guardian Senior Reporter
kdl@nasguard.com
Supreme Court Justice Neville Adderley yesterday threw out a court action filed by Bahamas Telecommunications Company unions seeking to block the sale of a 51 percent stake in BTC to Cable and Wireless Communications (CWC).
The Bahamas Communications and Public Officers Union (BCPOU) and the Bahamas Communications and Public Managers Union (BCPMU) were seeking an injunction to stop the government from selling BTC.
Attorney Maurice Glinton, who represented the unions, confirmed to The Nassau Guardian that they plan to appeal the decision. He could not say at the time when the necessary documents would be filed.
In his ruling, Adderley said the BCPOU and BCPMU and their trustees lacked the legal capacity to institute and maintain the action in their own names.
“Hence the action is a nullity and so the granting of an injunction pending its hearing does not arise,” Adderley said.
“Alternatively, the evidence has not disclosed that any of their private legal rights are being infringed or threatened or need to be enforced or declared, as they have not established an interest recognized by law as being direct and substantial enough in the subject matter of the action to give them locus standi to commence the action to claim the remedies set forth in the writ.
“For the foregoing reasons, I strike out the writ and dismiss the action.”
Adderley also ordered that the unions pay costs in the matter.
In their writ, the unions contended that the government has no authority to sell BTC because an act of Parliament made the Bahamas Telecommunications Corporation (BaTelCo) a self-owning and self-sustaining entity.
Their claim is that consequently the divested assets are now held by BTC in trust for BaTelCo.
Adderley said there is no express power in the Industrial Relations Act that gives unions the capacity or power to sue for declarations outside their statutory objects.
Adderley said even if they had the capacity to sue for the matters in question, he considered whether they had a legal interest to sue for the relief claimed.
Last week, the government signed a shareholder’s agreement and a share purchase agreement with CWC, and Prime Minister Hubert Ingraham tabled the memorandum of understanding between the two entities in the House of Assembly along with related documents.
Yesterday, BCPOU President Bernard Evans said the ruling has in no way halted the union’s efforts to stop the sale of BTC.
“We never really rested all of our efforts on this court case, even though we knew we had good grounds and it is a landmark case. But we never wanted to leave any stone unturned. We will continue to do our stuff because this is not over by a long shot,” Evans said.
“We are going to fight this on all fronts. Whatever it takes, we are going to take our time and get to it.”
Evans shot down claims by the Free National Movement that the majority of Bahamians support the sale of BTC to Cable and Wireless.
“I saw in the paper where the FNM government believe that they have the majority of the people, they keep putting us in the minority. Well the day of reckoning is coming when we will know who has the majority,” Evans said.
The deal between the government and CWC calls for the shares to be sold for $210 million, as well as a stamp duty of $7 million. Eventually, 25 percent of the shares in the company will be offered to Bahamians, the government has said.
2/15/2011
thenassauguardian
By KEVA LIGHTBOURNE
Guardian Senior Reporter
kdl@nasguard.com
Supreme Court Justice Neville Adderley yesterday threw out a court action filed by Bahamas Telecommunications Company unions seeking to block the sale of a 51 percent stake in BTC to Cable and Wireless Communications (CWC).
The Bahamas Communications and Public Officers Union (BCPOU) and the Bahamas Communications and Public Managers Union (BCPMU) were seeking an injunction to stop the government from selling BTC.
Attorney Maurice Glinton, who represented the unions, confirmed to The Nassau Guardian that they plan to appeal the decision. He could not say at the time when the necessary documents would be filed.
In his ruling, Adderley said the BCPOU and BCPMU and their trustees lacked the legal capacity to institute and maintain the action in their own names.
“Hence the action is a nullity and so the granting of an injunction pending its hearing does not arise,” Adderley said.
“Alternatively, the evidence has not disclosed that any of their private legal rights are being infringed or threatened or need to be enforced or declared, as they have not established an interest recognized by law as being direct and substantial enough in the subject matter of the action to give them locus standi to commence the action to claim the remedies set forth in the writ.
“For the foregoing reasons, I strike out the writ and dismiss the action.”
Adderley also ordered that the unions pay costs in the matter.
In their writ, the unions contended that the government has no authority to sell BTC because an act of Parliament made the Bahamas Telecommunications Corporation (BaTelCo) a self-owning and self-sustaining entity.
Their claim is that consequently the divested assets are now held by BTC in trust for BaTelCo.
Adderley said there is no express power in the Industrial Relations Act that gives unions the capacity or power to sue for declarations outside their statutory objects.
Adderley said even if they had the capacity to sue for the matters in question, he considered whether they had a legal interest to sue for the relief claimed.
Last week, the government signed a shareholder’s agreement and a share purchase agreement with CWC, and Prime Minister Hubert Ingraham tabled the memorandum of understanding between the two entities in the House of Assembly along with related documents.
Yesterday, BCPOU President Bernard Evans said the ruling has in no way halted the union’s efforts to stop the sale of BTC.
“We never really rested all of our efforts on this court case, even though we knew we had good grounds and it is a landmark case. But we never wanted to leave any stone unturned. We will continue to do our stuff because this is not over by a long shot,” Evans said.
“We are going to fight this on all fronts. Whatever it takes, we are going to take our time and get to it.”
Evans shot down claims by the Free National Movement that the majority of Bahamians support the sale of BTC to Cable and Wireless.
“I saw in the paper where the FNM government believe that they have the majority of the people, they keep putting us in the minority. Well the day of reckoning is coming when we will know who has the majority,” Evans said.
The deal between the government and CWC calls for the shares to be sold for $210 million, as well as a stamp duty of $7 million. Eventually, 25 percent of the shares in the company will be offered to Bahamians, the government has said.
2/15/2011
thenassauguardian
Monday, February 14, 2011
The majority of Bahamians approve the sale of Bahamas Telecommunications Company (BTC) to Cable and Wireless Communications (C&W)
Competition toughened Cable & Wireless
tribune242 editorial
YESTERDAY'S Gleaner reported that Cable & Wireless Jamaica, trading as LIME Jamaica, "continued its financial haemorrhaging in the December quarter, posting a $1.3 billion loss for the three-month period, nearly triple the $351.4 million of a year earlier."
Despite this its managers continue to look on the bright side, insisting that they are on the verge of turning the company around.
According to The Gleaner, Jamaica LIME has been in "retreat for the past decade since it lost its monopoly in Jamaica's telecommunications market."
"That's what happens to monopolies," said a Bahamian who is close to the situation. LIME Jamaica was doing the same foolishness as BTC because it felt secure in its monopoly, he said, then Digicel, an Irish company with dirt cheap rates, came in and ran it out of business.
It was this lesson from fierce competition that forced Cable & Wireless into the efficient company that it is today with Digicel waiting in the background to meet it head on in the Bahamas when the floodgates are open to competition.
One can now understand why the Bahamas government has offered and C&W - having learned from its Jamaican experience -- has accepted the three-year protection cover from monopolies for BTC's cellular service.
If it were not for this three-year period to build BTC up to meet competitors, the Bahamas' Telecommunications Company would crumble under the strain. C&W, on the other hand, although stumbling in Jamaica is prospering in Barbados and Trinidad.
But there is no room for hubris. There is much to be done to get BTC in a position to meet the competition, and for three years the BTC staff, who are interested in their company, will have an opportunity to prove that they are not among those who deserve to be made redundant.
In an interview with the Jamaican Observer last year, Digicel CEO Colm Delves, said that Digicel looked at the Bahamas, but was not interested in just having a stake in BTC, and so it decided "to pass on that."
"What was being offered there was a stake in the existing operator," said Mr Delves. "We think that when liberalization takes place there, then that will be the appropriate time to enter that market."
So in three years time Digicel and others might be the wolves at the door. Cable & Wireless will have to have BTC ready to meet the challenge and regardless of what Mr Evans, Mr Carroll and their unionists claim, they are babes in the woods, ignorant of the hungry sharks waiting in the world of competition to devour them and BTC.
Judging from the various polls, street talk and radio talk shows, the majority of Bahamians approve the sale of BTC to C&W.
They want better service, more choice, cheaper cell phone rates, access to mobile TV and the ability to phone the Family Islands as a part of the Bahamas, not as foreign islands with overseas charges.
Bahamians are weary of the oft-repeated fiction that they own BTC. Ownership implies having some stake in the company. Although as tax payers they underwrite staff salaries, they cannot even demand good service.
With the sale of BTC Bahamians will eventually be able to buy shares in the company and have share certificates to prove that finally they do own a piece of BTC.
Although Bernard Evans, BCPOU president, claims that unionists are against the sale of BTC, there are unions that have refused to join in his protest.
Many are particularly upset after his reckless threats promising unrest similar to the violence in the past few weeks in Egypt.
Mr Evans has asked Bahamians to have patience with BTC because the public's services "will be affected somewhat" because of the union protest.
Mr Evans seems to forget that Bahamians have exercised years of patience, grudgingly tolerating their high prices and indifferent service.
Now that Bahamians see a way out and a deliverer on the horizon, they are ready to jump ship.
Patience is at an end.
February 14, 2011
tribune242 editorial
tribune242 editorial
YESTERDAY'S Gleaner reported that Cable & Wireless Jamaica, trading as LIME Jamaica, "continued its financial haemorrhaging in the December quarter, posting a $1.3 billion loss for the three-month period, nearly triple the $351.4 million of a year earlier."
Despite this its managers continue to look on the bright side, insisting that they are on the verge of turning the company around.
According to The Gleaner, Jamaica LIME has been in "retreat for the past decade since it lost its monopoly in Jamaica's telecommunications market."
"That's what happens to monopolies," said a Bahamian who is close to the situation. LIME Jamaica was doing the same foolishness as BTC because it felt secure in its monopoly, he said, then Digicel, an Irish company with dirt cheap rates, came in and ran it out of business.
It was this lesson from fierce competition that forced Cable & Wireless into the efficient company that it is today with Digicel waiting in the background to meet it head on in the Bahamas when the floodgates are open to competition.
One can now understand why the Bahamas government has offered and C&W - having learned from its Jamaican experience -- has accepted the three-year protection cover from monopolies for BTC's cellular service.
If it were not for this three-year period to build BTC up to meet competitors, the Bahamas' Telecommunications Company would crumble under the strain. C&W, on the other hand, although stumbling in Jamaica is prospering in Barbados and Trinidad.
But there is no room for hubris. There is much to be done to get BTC in a position to meet the competition, and for three years the BTC staff, who are interested in their company, will have an opportunity to prove that they are not among those who deserve to be made redundant.
In an interview with the Jamaican Observer last year, Digicel CEO Colm Delves, said that Digicel looked at the Bahamas, but was not interested in just having a stake in BTC, and so it decided "to pass on that."
"What was being offered there was a stake in the existing operator," said Mr Delves. "We think that when liberalization takes place there, then that will be the appropriate time to enter that market."
So in three years time Digicel and others might be the wolves at the door. Cable & Wireless will have to have BTC ready to meet the challenge and regardless of what Mr Evans, Mr Carroll and their unionists claim, they are babes in the woods, ignorant of the hungry sharks waiting in the world of competition to devour them and BTC.
Judging from the various polls, street talk and radio talk shows, the majority of Bahamians approve the sale of BTC to C&W.
They want better service, more choice, cheaper cell phone rates, access to mobile TV and the ability to phone the Family Islands as a part of the Bahamas, not as foreign islands with overseas charges.
Bahamians are weary of the oft-repeated fiction that they own BTC. Ownership implies having some stake in the company. Although as tax payers they underwrite staff salaries, they cannot even demand good service.
With the sale of BTC Bahamians will eventually be able to buy shares in the company and have share certificates to prove that finally they do own a piece of BTC.
Although Bernard Evans, BCPOU president, claims that unionists are against the sale of BTC, there are unions that have refused to join in his protest.
Many are particularly upset after his reckless threats promising unrest similar to the violence in the past few weeks in Egypt.
Mr Evans has asked Bahamians to have patience with BTC because the public's services "will be affected somewhat" because of the union protest.
Mr Evans seems to forget that Bahamians have exercised years of patience, grudgingly tolerating their high prices and indifferent service.
Now that Bahamians see a way out and a deliverer on the horizon, they are ready to jump ship.
Patience is at an end.
February 14, 2011
tribune242 editorial
Sunday, February 13, 2011
We remind the government of its specific pledge made in 2007, as it relates to establishing a Freedom of Information Act
Freedom and access to information
thenassauguardian editorial
Within weeks of coming to office in 2007, a new FNM Administration led by Hubert Ingraham and guided by a Trust Agenda committed itself to greater democratic governance.
The tabling of the Bahamas Telecommunications Company sales agreements between the government and Cable and Wireless Communications was an example of this commitment, and was in keeping with the prompt freeing of the broadcast media from state control during the FNM’s earlier term in office.
We trust that the Free National Movement government means what it says. Accordingly, we remind the government of its specific pledge made in 2007, as it relates to establishing a Freedom of Information Act:
“Accountability and transparency in government are fundamental to our code of beliefs, a code that includes the right of the people to access information regarding the processes of governing. In support of such openness, legislation will be placed before you for the enactment of a Freedom of Information Act.”
This top billing and decisive language suggested immediate action.
So, what is the state of this pledge? Enacting such legislation near the end of the current government’s term would not seem to be consistent with the FNM’s trust agenda.
Many other countries in the region are either in the process of drafting or have already implemented Freedom of Information laws. Around the world, more than 60 countries have enacted FOI acts.
Freedom of information has long been recognized as a foundational human right ever since the United Nations General Assembly declared in 1946 that, “Freedom of Information is a fundamental human right and a touchstone of all freedoms to which the United Nations is consecrated.” Since then, the Organization of American States and the Commonwealth — The Bahamas being a member of both — have also endorsed minimum standards on the right of information.
A FOI law has the potential to promote greater transparency and accountability and also facilitates greater public participation in the government’s decision-making process. Empowering citizens with the legal right to access information of their government’s activities can strengthen democracy by making the government directly accountable to its citizens on a day-to-day basis rather than just at election time.
Legislation to provide more freedom or access to information is not an end in itself.
An outdated public service culture run by civil servants who would often prefer root canal surgery rather than press scrutiny will not quickly become more transparent because of the passage of a bill.
Moreover, a media culture that is often sloppy and lazy in its coverage of government and political affairs will also not suddenly become more enterprising. Still, such legislation is a means to various ends. It is a part of a framework of legislative tools that can help to promote a more accountable and transparent public service culture.
The debate on, enactment of and training in the details of such legislation may help spur politicians, civil servants and journalists to provide citizens with the freedom of information needed to make freer and more informed decisions.
Outlawing discrimination does not end prejudice. But it puts that prejudice on notice that discrimination is against the law. Legislation to ensure greater public access to information will not in itself ensure a more open public service culture. But it puts that culture on notice that such openness is an essential component in good and effective governance.
We trust that the FNM will live up to its word and will be supported by the Opposition, who also committed itself to similar legislation.
As of now we are agnostic regarding the details of such legislation. But we have faith that such landmark legislation is not only necessary, but long overdue.
2/11/2011
thenassauguardian editorial
thenassauguardian editorial
Within weeks of coming to office in 2007, a new FNM Administration led by Hubert Ingraham and guided by a Trust Agenda committed itself to greater democratic governance.
The tabling of the Bahamas Telecommunications Company sales agreements between the government and Cable and Wireless Communications was an example of this commitment, and was in keeping with the prompt freeing of the broadcast media from state control during the FNM’s earlier term in office.
We trust that the Free National Movement government means what it says. Accordingly, we remind the government of its specific pledge made in 2007, as it relates to establishing a Freedom of Information Act:
“Accountability and transparency in government are fundamental to our code of beliefs, a code that includes the right of the people to access information regarding the processes of governing. In support of such openness, legislation will be placed before you for the enactment of a Freedom of Information Act.”
This top billing and decisive language suggested immediate action.
So, what is the state of this pledge? Enacting such legislation near the end of the current government’s term would not seem to be consistent with the FNM’s trust agenda.
Many other countries in the region are either in the process of drafting or have already implemented Freedom of Information laws. Around the world, more than 60 countries have enacted FOI acts.
Freedom of information has long been recognized as a foundational human right ever since the United Nations General Assembly declared in 1946 that, “Freedom of Information is a fundamental human right and a touchstone of all freedoms to which the United Nations is consecrated.” Since then, the Organization of American States and the Commonwealth — The Bahamas being a member of both — have also endorsed minimum standards on the right of information.
A FOI law has the potential to promote greater transparency and accountability and also facilitates greater public participation in the government’s decision-making process. Empowering citizens with the legal right to access information of their government’s activities can strengthen democracy by making the government directly accountable to its citizens on a day-to-day basis rather than just at election time.
Legislation to provide more freedom or access to information is not an end in itself.
An outdated public service culture run by civil servants who would often prefer root canal surgery rather than press scrutiny will not quickly become more transparent because of the passage of a bill.
Moreover, a media culture that is often sloppy and lazy in its coverage of government and political affairs will also not suddenly become more enterprising. Still, such legislation is a means to various ends. It is a part of a framework of legislative tools that can help to promote a more accountable and transparent public service culture.
The debate on, enactment of and training in the details of such legislation may help spur politicians, civil servants and journalists to provide citizens with the freedom of information needed to make freer and more informed decisions.
Outlawing discrimination does not end prejudice. But it puts that prejudice on notice that discrimination is against the law. Legislation to ensure greater public access to information will not in itself ensure a more open public service culture. But it puts that culture on notice that such openness is an essential component in good and effective governance.
We trust that the FNM will live up to its word and will be supported by the Opposition, who also committed itself to similar legislation.
As of now we are agnostic regarding the details of such legislation. But we have faith that such landmark legislation is not only necessary, but long overdue.
2/11/2011
thenassauguardian editorial
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