Selected Government Addresses and Speeches
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Selected Government Addresses and Speeches |
MESSAGE FROM THE PRESIDENT
HIS
EXCELLENCY DR. NICHOLAS J. O. LIVERPOOL, D.A.H.
ON THE OCCASION OF THE
OPENING OF THE FIRST
MEETING
OF THE SECOND SESSION OF
THE SEVENTH PARLIAMENT
ON TUESDAY, 11th
JULY 2006
Honourable Members of the House of Assembly
I thank you
for affording me the opportunity to address you at the commencement of this
your First Meeting of the Seventh Parliament.
My wife and I are extremely happy to be here with you today.
I must stress that although
this message is being delivered in this Honourable House, it is aimed at the
general public, since I have assumed that Honourable Members are versed with
their civil rights and civic duties and responsibilities. My comments here today may merely serve as a
reminder.
Madam Speaker, Honourable
Members,
The constitution of a
country tells us at least, what the society to which it relates aspires to be,
where individual rights stand in its political system and scale of values, and
generally how the civil rights of its citizens will be protected.
The Constitution of our
country confers certain fundamental rights and freedoms on every person in
Dominica. These include the right to
life, the protection of the right to personal freedom, the protection of the
right to personal liberty, protection from inhuman treatment, protection from
slavery and forced labour, protection from the deprivation of property,
protection from arbitrary search or entry, protection of freedom of conscience,
protection of freedom of expression, protection of freedom of assembly and
association, protection of freedom of movement and protection from
discrimination on the grounds of sex, race, place of origin, political
opinions, colour or creed.
The Constitution
presupposes that we have always enjoyed these rights and freedoms and it merely
reinforces our entitlement to them.
These rights and freedoms have been made subject to respect for the
rights and freedoms of other persons, and subject to the public interest. The enjoyment of these rights and freedoms,
which are guaranteed by the Constitution, are therefore circumscribed by
limitations which are designed to ensure, that their enjoyment by any person
does not prejudice the rights and freedoms of others, and does not go against
the public interest.
The provisions which
guarantee the right to personal liberty and the protection from discrimination
on the grounds of sex, race, place of origin, political opinions, colour or
creed may, however, be curtailed in times of public emergency. The Constitution
itself provides that nothing which is contained in or done under the authority
of any written law enacted by Parliament, can be held to be inconsistent with
or in contravention of those provisions to the extent that that law authorizes
the taking, during any period of public emergency, of measures that are
reasonably justified for dealing with the situation that exists in the State
during that period of emergency.
The Constitution also
provides for the means by which these rights may be enforced. This jurisdiction
is firmly vested in the High Court, and if a constitutional matter is raised in
the course of proceedings in any other court, that matter must be transferred
to the High Court for the adjudication of the constitutional aspect of the
case, unless in the opinion of the person who is presiding in that other court,
the raising of the question is merely frivolous or vexatious. The High Court may, however, decline to
exercise its powers if it is satisfied that the applicant has adequate means of
redress available to him under any other law.
The rights afforded to the
individual by the Constitution are public law rights and are meant to protect
him against the contravention of those rights by the State or some other public
authority to which the law has given coercive powers. It is not meant to be invoked as a private law remedy by one
private individual against another, since it is generally accepted that private
law rights are already sufficiently provided for in the normal legal system of
the State.
Madam Speaker, Honourable
Members
It is important to note the
distinction between ordinary rights and fundamental rights. Ordinary rights can be protected by action
against citizens, and also against unauthorized or unlawful State interference;
but these rights will not be protected by court action that will compel
Parliament to amend the offending legislation or to abrogate it. Fundamental rights, by contrast, may or may
not be protected against infringement by citizens. In fact, some fundamental rights can often be asserted only
against State agencies, but these rights do enjoy a measure of protection
against any State interference; including repeal or restriction of the right by
the legislature through its ordinary law making procedure.
To every right there is a
correlative duty. Rights imply duties, one cannot exist without the other. For every given right there must be a corresponding
duty. These legal duties exist to enable those who wish to enforce their civil
rights to identify a defendant against whom actions may be brought. In other words a civil right can only be
enforced against a person who owes the applicant a legal duty.
But in addition to these
legal duties the law places obligations on persons by virtue of their
citizenship. These obligations are
referred to as civic duties and responsibilities. The citizen must therefore, be as fully aware of his civic duties
and responsibilities, as he is of his rights; and the public- spirited citizen
will always try to strike a balance, and find a proper relationship, between
his rights and his duties and responsibilities. If we attach undue weight to individual rights at the expense of
our duties and responsibilities we could create an excessive individuality
which could easily blind us to the needs of the Community or the State to which
we belong.
We should, therefore, be
just as concerned with our duties and responsibilities as we are with our
rights; and it is imperative that we try hard to find the proper relationship
between rights and duties and responsibilities. A democratic society requires the active participation of its
citizens in the affairs of the nation, as well as the awareness by its citizens
of their civic duties and responsibilities.
In order for government to be effective, citizens must fulfil their
civic duties.
Citizens who choose not to
fulfil their civic duties face legal consequences. On the other hand civic
responsibilities are fulfilled by choice.
They are voluntary.
Civic duties include, for
example, obeying the laws of the country, paying the taxes levied by the
government, or serving on a jury or as a witness in court. Civic responsibilities encompass actions
like registering to vote and voting, and serving on statutory boards and
committees. The government, Civil
Society organizations and the individual citizen all have a role to play not
only in ensuring that the right conditions exist for the protection and
enforcement of fundamental rights, but also for the exercise of civic duties
and responsibilities.
Here are some notable
examples of civic responsibilities. It
is the responsibility of citizens –
-
to take action wherever they can to improve their own
economic, cultural and social development, and to promote self-reliance ;
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to give a fair day’s work for a fair day’s pay;
-
to act with integrity, sharing with others, caring for
others, promoting sound values, and guiding the next generation;
-
to participate actively in affairs that affect them by
joining with others to create resources and facilities in their communities,
and
-
to build leaders in their communities by identifying and
nurturing people who can take responsibility for themselves and for other
people.
Civil Society organizations
also have civic responsibilities and a role to play in building and moulding
good citizens. In order to do this they
–
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should help to create a good society by educating people in
issues relating to active citizenship;
-
should play a central role in making citizens aware of their
rights and responsibilities, and prepare them to undertake those rights and
responsibilities;
-
should build community leadership through facilitating
access to information and training, and
-
should play an effective role in promoting a strong, capable
and responsible Civil Society which is able to work in partnership with an
active and equally responsible State.
In view of the unequivocal
obligations imposed on all States by universal human rights instruments, it is
the responsibility of governments –
-
to uphold the constitution and ensure that fundamental human
rights are guaranteed and observed;
-
to enable citizens to participate effectively in governance
through freedom of expression and the media, freedom of association and
assembly, and the right to information in all its forms;
-
to ensure the full practical realization of human rights
including the economic, cultural, environmental, and social rights of all
citizens with particular attention to disadvantaged groups such as children and
the physically challenged.
-
to work with citizens and Civil Society organizations to
ensure equal opportunities, and the equitable distribution of the resources of
the State;
-
to sustain the physical, natural and human resources of the
country; and invest in the infrastructure and other services that will enable
citizens to develop appropriate economic and social ventures;
-
to create an enabling legal and political environment for the smooth functioning
of Civil Society organizations;
-
to develop and implement measures, which involve Civil
Society organizations and citizens, to avoid maladministration and ensure
transparency and credibility in the body politic;
-
to share information, consult citizens and encourage debate
on matters of national concern, so that citizens may be in a position to hold
public leaders and officials accountable for their actions, and
-
to demonstrate tolerance of dissent. In this regard it is imperative that whether
or not the voices are appreciative or critical, informed or ignorant, narrow or
holistic, precise or vague, they have a right to be heard. Disagreement must not be treated as either a
sin or a crime.
Madam Speaker, Honourable
Members,
I would like to add a few
words here about patriotism, or the idea of national pride. It is generally recognized that in order to
build an economy and improve the social services of a State one needs to
increase the national pride of the country.
Please permit me to quote from the 206th. State of the
Territory address delivered by the Chief Minister of the legislature of the
British Virgin Islands last month –
“This pride is not about entitlement, or about being
better than any other nation. It is
about being self-aware. It is about
knowing our history and honouring the sacrifices of our ancestors. It is about valuing our unique culture and
preserving it in the modern world. It
is about cherishing our sacred traditions and passing them on to our
children. And it is about uplifting our
community so that the success of one is properly understood as the success of
all”.
In the Independence Day
Message of 1990 the late Dame Eugenia Charles articulated the importance of
recognizing the achievements of Dominican Nationals. Following her usual inimitable style the Dame put it this way –
“We should never be afraid
to applaud our people when they do well because that is the source of our
pride. Too often we tend to take a
negative attitude to success among ourselves.
We tend to look upon the successful among us with envy and even with
disapproval. We do not recognize that
successful achievement by anyone of us adds to the success of our nation. Success is to be emulated, not despised or
disapproved. Success by anyone of us
adds to the pride that we feel towards our country. Therefore, let us not turn in envy at the success of our fellow
citizens. Let us rather emulate it and
be proud of it because it is what will make our country great”.
[This quotation is taken
from a new book by Justice Irving W. Andre entitled “Dr. Desmond O. N. McIntyre
– The Surgeon who transformed Primary Health Care in Dominica”].
Patriotism connotes love
and loyalty to one’s own country and the country that we generally love is the
country of our birth. A patriot
supports his country, is inspired by it, cares deeply for it and is prepared to
serve and defend it. Genuine patriotism
of its citizens is of great benefit to any country. A man ought to be proud of the place to which he belongs. Patriotism gives a country’s people a common
purpose, and rallies them to support their government in time of need.
In order that our country
may prosper and thrive in the future, we ought to cultivate a spirit of common
purpose and patriotism – a sense of national pride. The true patriot is proud of his country’s virtues and is eager
to correct its deficiencies; but he also acknowledges the legitimate patriotism
of those who belong to other countries with their own specific virtues.
Patriotism should not be
conditional, but the citizen should not be so blinded by it that he is unable
to face reality. The genuine patriot
owes his duty to the country and not necessarily to its leaders. Therefore wrong is wrong, no matter who does
it or says it. Criticism is not
unpatriotic. We could do well always to
remember the words of Mark Twain who said - “Patriotism is supporting your
country all the time, and the government when it deserves it”. Bu the context and timing of criticism should
also be appropriate. Sir Winston
Churchill illustrates this in one of his utterances – “When I am abroad I
always make it a rule never to criticize or attack the government of my own
country. I make up for lost time when I
come home”.
It is also very important
to distinguish between patriotism and nationalism. The difference is vital since nationalism is often mistaken for
patriotism. The patriot has a form of
affection to his country somewhat akin to family love. One loves his family because it is his, and
so far as he is concerned that bond which draws him to other members is
unbending. The patriot therefore loves
his country because he belongs to it.
He can laugh at it in the same way that members of a family laugh at
each other’s foibles; since affection takes for granted the imperfection of
those whom it loves. Nationalism, on
the other hand, has often been said to be grounded in resentment and
rivalry. It is militant by nature and
its typical style is belligerent. The
nationalist has to prove that his country is always right.
We also
ought to be extremely careful to ensure that love for our preferred political
party does not in any way compete with our love for country, since love for
party often manages somehow to commingle itself with patriotism. We must at all times be on our guard and
avoid becoming so beholden to our respective political parties that we find
ourselves unable to place love of country ahead of the particular political
party which we support. The good
citizen must always place his or her patriotism beyond the sphere of political
affiliation because patriotism does not consist of putting our blind trust in
anything that our political leaders tell us.
I turn,
finally, to the question of civic education.
In order to create the kind of citizenry which we would wish for the
twenty-first century, one needs to establish a system of civic education. Citizens should not only be made aware of
their rights, duties and responsibilities; they should also be prepared, so
that they are able to exercise those rights, become aware of their duties and
to undertake their responsibilities willingly.
Spreading the message of good citizenship can be done in many ways. One
example could be by documenting information about those citizens whose
attainments ought to be emulated; and honouring
those who
have demonstrated consistent good citizenship.
There can be no better way to promote good citizenship than to recognize
it wherever it exists.
Civic education is an
important avenue through which citizens could be educated about the important
role that they are expected to play in the development of their country. This will serve to widen the relationships
among individuals and groups. It should
also bring about a sense of duty and responsibility in each individual towards
the family, the community and the nation at large, through a shared
understanding of the value of rights, duties and responsibilities.
If we focus our civic
education activities on young people especially on our students, there is the
added advantage that they will be caught at an age where they could be more
easily taught to develop the necessary skills and attitude to appreciate the
values and moral judgement which are necessary to create social
consciousness. In fact the use of the
school or college could prove to be the most effective means of bringing
positive transformation in the attitude, nature and character of our students by
instilling in them the spirit of mutual understanding, and co-operation,
friendship, love and respect which should be shown towards others.
It is perhaps only through
civic education that we could succeed in creating the kinder and gentler
society which continues to elude us. We would also be able to give life to that
part of our National Pledge in which we promise to give our love, our loyalty
and skills, in the service of our country; and to work diligently to help build
a prosperous and peaceful nation.
I pray for God’s blessings
and his peace for all Members of this Honourable House, on everyone else here
today and on all the inhabitants of this country, as I extend to you every good
wish for a fruitful and successful session.
I thank you for your patience
and attention.