The Tribune

By ADRIAN GIBSON

ajbahama@hotmail.com

A REFERENDUM should deal with weighty matters and should be representative of solemn, considerate thought that modifies the direction of a country for generations to come. We have hardly seen that in the farcical, so-called referendum that was held in January neither are we seeing that in what is setting up to be another colossal failure in the much-ballyhooed end-of-year constitutional referendum.

It's difficult to imagine - sagaciously - the Bahamas would need to have five or six "referenDUMBS" to move forward, as has been forecast by the Christie administration.

On the face of it, it appears that as it relates to contentious matters of national importance, the government has abandoned the seat of responsibility. Rather, it appears that they have demanded that the public makes the tough decisions for them without so much as even properly preparing the electorate to understand the questions put before them.

Relative to the questions on the regulation of the gaming industry (in the January referendum), people who voted in that referendum –perhaps even to this day - probably don't know what they voted for and/or against. Then, the questions put forward were deliberately ambiguous and could've been interpreted in a number of ways. This exercise was certainly not a way to move the country forward neither did it deepen the discourse, instead merely leaving it up to the people's interpretation.

The January referendum cannot be held to have been valid and one wonders if maybe‚ just maybe‚ the Christie administration wanted to invalidate that ballot. Frankly, whilst the administration asserted that they had no horse in the race, many people thought that they indeed did and, in fact, owned the entire stable. Though it was obvious that the governing party supported the ongoing numbers industry and anticipated that the referendum would return a resoundingly approving outcome, they had no inkling of what became a crushing defeat. (Let me also state that I support the liberalization of the gaming industry so that Bahamians could participate in all facets of the industry).

So, in the wake of the Constitutional Commission's report - a report I intend to analytically review in due course - the government announced an impending referendum for this November. November is around the bend!

Relative to the proposed referendum, an unfortunate hallmark we've seen under this administration is the inadequate planning for such weighty matters. If the referendum happens in November, as proposed, I have no doubt that it would be a disastrous fiasco, in large part due to the fact that the necessary consultation, education and public forums have not taken place. People are having to consider these ponderous issues without an educational process and will most likely resort to voting politically as they've done before (circa 2002) and/or not in their best interest as a result of fear or a low voter turnout. A corrupted process leads to a tainted, undesirable outcome!

I doubt that the government could pull off such a referendum by November. Frankly, they ought to postpone any referendum that they would be planning to put to the people this year. One would posit that the government should adopt a transparent, informative approach where the public has between 90 to 120 days between the announcement of the actual questions to the polling date. Unfortunately, in the gambling referendum, we didn't know the questions until a few weeks immediately before the poll. How does one discuss such pertinent issues in a vacuum?

Our constitution has been around for 40 years. And no, it's not perfect. However, if we're going to change the Supreme law of the land, we should recognize the seriousness of such an undertaking. When one examines some of the constitutional amendments to the United States’ constitution, several of these amendments have taken on an almost separate identity and become worldwide brand names - for e.g. "I plead the Fifth" (reference to the Fifth Amendment).

Indeed, any change or amendment to our constitution must be seen as a transformative concept, one that uplifts our national experience as Bahamians and one where the electorate is well-versed and fully aware of the issues.

BIG TALK BY BAHAMAS PETROLEUM COMPANY

Bahamas Petroleum Company's (BPC) CEO Simon Potter's statement to a gathering of potential investors in London (earlier this month) that the returns on his company's drilling explorations in the Bahamas would be "second to none, with a simple royalty" should be the wake up slap that tells Bahamians that we have perhaps been sold-out. How in the world could BPC have been offered "second to none" terms when we have yet to hear of any date for a referendum and have had no input in the entire process? None!

Clearly, even BPC believes that it has convinced the government to agree on the sweetest, dumbest deal that any government could purport to be negotiating on behalf of the citizenry. I feel intellectually insulted, particularly since the royalty rates proffered - according to the proposed production license _ are the lowest in the world (with the exception of Ireland). The licensing agreement between BPC and the government states that the oil royalties would be disbursed on a sliding scale, i.e. if 75,000 barrels of oil are produced daily, the royalty rate would be 12.5 per cent; if it's in excess of 75,000 and up to 150,000, it would be 15 per cent; 150,000 to 200,000 daily barrels would yield a royalty rate of 17.5 per cent; 250,000 to 350,000 would result in a 20 per cent rate and any daily production in excess of 350,000 barrels would incur a royalty rate of 25 per cent. Hmmmm, how insulting! As I have said before, the government cannot be acting in the best interest of the Bahamian people when they are giving our patrimony away for 12.5 to 25 per cent. Time and time again, I always feel like our government's so-called negotiating teams should try to negotiate taking a candy from a child before entering a room full of professional sharks (negotiators) on the opposing side.

Is Mr Potter suggesting that there will be no referendum?

Clearly, Simon Potter is comforted by commitments made to him and BPC in the past. Moreover, he must have been assured by the Executive of our country of drilling terms that will result in benefits that will accrue to BPC and not to the Bahamian people. It must be a done deal and we just don't know!

I think it's unfortunate that the perception is being gleaned that our leaders sold our national patrimony for 30 pieces of silver and are willing to jeopardize our most precious resources – our seabed, beaches, flora and fauna – exchange for what is rapidly appearing to be a special deal, one where the Bahamian people run the risk of getting shafted and receiving nominal benefits at best.

Frankly, it can be said that, just like the original Commission of Inquiry, there's no certainty that other principals (locals) will not benefit handsomely (i.e. the transfer of funds to accounts).

CUBAN ABUSE ISSUE

I think it is wise that the government has chosen to quell what was a ballooning national disgrace by launching an investigation and seeking to prosecute any Royal Bahamas Defence Force officers who might be involved before a military tribunal with a view to instituting criminal charges if such persons are found at fault. The alleged abuse of Cubans at the Carmichael Road Detention Centre, coupled with the damning leak of a report pointing towards the same, has become an international issue. Frankly, the utterances of the Minister of National Security (Dr Bernard Nottage) speak to the fact that it requires an urgent review.

Dr Duane Sands, in assessing the situation said: "It's amazing when you hear the rhetoric of the Foreign Minister compared to the others. His comments about enemies of the Bahamas and a destabilization of the Bahamas are meant to ratchet up an already shameful episode. Mitchell is inciting our deepest fears of a foreign bogeyman who not only wants to destroy the livelihood of ordinary Bahamians, but that they also have a particular interest and concern to upset the Christie administration. The good thing is that the average Bahamian already realizes that the Christie administration doesn't need any help, they are doing a good job doing so all by themselves.”

Frankly, any officer convicted before the military tribunal should be immediately dismissed and brought up on criminal charges. Moreover, in cases where the abuse is proven, the government must move to ensure that victims are offered a settlement - say between $30,000 to $50,000 - and sign confidential, non-disclosure documents that are binding and preserves the name and reputation of the Bahamas. As a nation, we must quickly move to hurriedly put this unfortunate chapter behind us.