From France to Israel to India, to our inimitable island, democratic institutions and norms have been eroding. Such global trends may be instructive as context for recent events in Anguilla.
French Frustrations with Forced Changes
Reports of hundreds of thousands in protests roiling France have swirled for weeks. Changing retirement age from 62 to 64 has been explained by some as fulfilling a promise from President Macron’s first election in 2017.1 However, CNN reported that “Protests have become more violent since Macron rammed the legislation through the French National Assembly, using a constitutional clause that allows the government to bypass a vote.”2 Apparently ours is not the only country that might benefit from more rigorous constitutional reform.
Intrigue in India: “Assaults Against Democracy”
Last fall, Rahul Gandhi, a descendent of its first and third prime ministers, embarked on a 2,200-mile trek across India to reinvigorate his political party. “Every democratic institution was shut for us by the government: Parliament, media, elections,” Gandhi told supporters three months into the march. The parliament has been reportedly reduced to governing party speeches without debate, and the media has been intimidated by detentions, legal harassment, and dependence on government advertising.3
Gaining prominence as an opposition leader, Gandhi was pursued and convicted for defamation. During a 2019 election speech, he mocked the BJP (Bharatiya Janata Party) ruling party leader by comparing him to “thieves” with the same surname. He was ousted from parliament within hours, despite immediate appeal. These actions were “widely condemned …as the latest assaults against democracy and free speech by a ruling government seeking to crush dissent.”3,4
Yet others report government boasting of India as the “Mother of Democracy”; nonetheless, “Any criticism of Modi and his government, however innocuous it may be, is not tolerated. Raids, threats, press censorship, surveillance, and arrests are the order of the day. Central investigative agencies are being unleashed at random on political opponents,” which dropped India to 150th of 180 countries regarding freedom of the press. Perhaps a fresh look at freedom of speech could likewise benefit other countries, in addition to ours.
Israel in Democratic Disarray
Meanwhile, Israeli Prime Minister Benjamin Netanyahu has proposed laws gutting the judicial system as a check on government. As a result, Israel experienced 12 weeks of protests culminating in Netanyahu tabling the final reading and, the preceding weekend, firing his defense minister, Yoav Gallant, who openly objected to the legislation. His speech “ended a tense day in which hospitals, universities, seaports and the international airport in effect shut down in protest at the judicial changes, which many see as a neutering of judges’ power to hold the government to account.” 6
The disarray deepened with the dismissed defense minister refusing to step down – and the Prime Minister agreeing to establish a “national guard” seen as a concession to coalition extremists to harass and criminalise Israeli citizens and the “anti-coup” protestors wanting to protect the judiciary. Netanyahu was further described as one to ”set traps that are discovered only when it’s too late.”6 It seems other governments may also benefit from meaningful consultation, including referenda, long before such fundamental changes are drafted into law and read for passage.
Decades of Decency Gambled for 2% More Revenue
In our country, the government has presented a “policy” for the “Anguilla Gaming Act 2023” that sounds ready to go, much as GST legislation was before its “consultations”.7
In this process and especially the March 21st House of Assembly session, many objected to casino gambling in Anguilla. In addressing concerns, the Premier reportedly “stressed that a decision must be made as how to garner revenues that would be able to support the people and provide for a sound economy. He said that casino gaming could meet this need.”7 Let’s do that math.
They projected $4.4 Million from gambling tax and spending over $245 Million of the People’s money. So, 2% of what they spend is all they need? Don’t they know we have calculators?
To be clear: We were told our reputation as a safe, decent Christian island is worth gambling for 2% more tax, per year.
And, they can “support the people and provide for a sound economy” with 2% of what they take from us now. Wow!! Imagine how many taxes could be eliminated if they cut the budget by 98% – starting with GST! We could take a collection and build 2 more casinos in Sint Maarten with free ferries over there all day long!!
Despite this interesting math lesson, ours is clearly not the only democracy where it is perfectly legal to ignore the will of the People, apart from elections. Indeed, writing laws before such meetings suggests Israel also isn’t the only country where traps are discovered only when it’s too late.
Undemocratic Damage in Anguilla
In addition to learning our reputation is worth less than 2% of their budget, we are reminded no rights or obligations to conduct nor to take into account public consultations exist in our laws or Constitution, nor criteria or procedures for a referendum. You know, like the one in 1967 when Anguilians voted to leave the St. Kitt’s and Nevis federation?
In fact, the topic was only cited when challenging the GST consultations, whether “required” or not. In a British case addressing “legitimate expectations”, it said: “if it is embarked upon… consultation must be undertaken at a time when proposals are still at a formative stage… include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and intelligent response: adequate time must be given… and the product of consultation must be conscientiously taken into account when the ultimate decision is taken.”8
Notably, disregarding democratic norms to force GST into law in part followed the French example of perceived abuse of a constitutional clause. In their case, the clause allowed the president to act; in ours, it allowed appointed AG and DG votes to override those of duly elected ministers.
With respect to disdain for impassioned objections raised in our public consultations for GST and now, casino gambling, it appears our democratic debacles are more like the tragic trends in India and Israel. Is that perhaps because they also share the shadow of British rule?
Ask your Minister for a motion to repeal GST – and to vote No on gambling!
This article reflects cultural and economic issues raised on July 5, 2021, at the House Select Committee on GST Public Hearing.
1https://www.cnbc.com/2023/01/10/france-macron-to-push-for-pension-reform-again-despite-potential-strikes.html;2https://www.cnn.com/2023/03/28/europe/france-pension-reform-protests-biarritz-airport-intl/index.html; 3https://www.nytimes.com/2023/03/24/world/asia/india-gandhi-modi.html;4https://apnews.com/article/india-rahul-gandhi-guilty-parliament-modi-1c87edf95780e5e937d99b886aa3710d;5 https://thediplomat.com/2023/02/modi-regimes-prickliness-to-criticism-is-growing/; 6https://www.theguardian.com/world/2023/mar/28/israeli-political-crisis-continues-fired-defence-minister-refuses-step-down-benjamin-netanyahu; 7https://theanguillian.com/2023/03/attendees-at-public-consultation-meeting-object-to-casino-gaming/; 8https://theanguillian.com/2021/09/concerned-citizens-awaiting-reply-from-uk-officials-on-gst/
