THE ACT OF "SOFT" DENATIONALIZATION OF JAMAICAN CITIZENS LIVING OVERSEAS

RECENT PROPOSAL BY THE ECONOMIC GROWTH COUNCIL TO AMEND THE IMMIGRATION ACT IS A CONTINUATION OF THE PNP's "SOFT" DENATIONALIZATION OF JAMAICANS LIVING OVERSEAS.

“War, revolution, and ethnic hatred have long wreaked havoc on the nationality of individuals. Soviet Russia, Nazi Germany, Fascist Italy, and post-WWII Czechoslovakia, Poland, Yugoslavia, and Japan all passed legislation expressly denationalizing large segments of their populations.' More recently, the Dominican Republic, Ethiopia,' and Mauritania have implemented ethnically-based expulsion programs that in effect functioned as denationalization programs.” 

Under International Law, the Government of Jamaica (GoJ) can apply "the dominant and effective nationality test in situations of dual nationality" to deny you entry and treat you like non-Jamaican if you do not possess a Jamaican passport upon entry. Over time, successive changes to the Immigration Act without the express statement of senior government official in support of dual citizenship will effectively denationalize all Jamaicans living overseas and not holding a Jamaican passport or any travel document not having the same rights and authority as a passport due to lack of “binding state action” under international laws.

It is for this reason that the Prime Minister, Andrew Holness is silent on the issue of citizenship rights for overseas Jamaicans under the new proposal to issue migrant cards (visa) to Diaspora Jamaican. "Nonetheless, I argue that passport issuance is a suitable triggering event for the law of binding state action. The common core of these doctrines is that certain representations made by a state can in the future have a binding effect on that state. It is clear that, at a minimum, representations made by heads of state'" and senior government officials with a responsibility for foreign affairs"' can have this effect. It is also clear, however, that representations made by lower level government officials operating outside their sphere of competence will not have this effect. Thus, the operative question becomes whether issuance of a passport is more like a representation by a senior government officer operating in his or her area of competence or more like a representation by a lower level official acting outside of his or her authority."

Suffice to say the Government of Jamaica has been engaged in "soft" denationalization of Jamaicans with dual citizenship. Prior to December 2015, I could fly on a one-way ticket to Jamaica using my Canadian Passport, since page 1, clearly states that I was born in Jamaica and a dual Citizen under the British Commonwealth Agreement. In January 2016 tried to purchase a one-way ticket and was refused on the basis of my Canadian Passport. The ticket agent for Air Canada demanded a government of Jamaica documentation or ID and fortunately, I had a Social Insurance Card Issued by the Government.

In recent initiatives recommended by the Economic Growth Council (EGC) appointed by Prime Minister Holdness contains proposals to amend the Immigration Act to the effect:

“Amend the Immigration Act to facilitate the issuance of a special “Global Jamaican” Immigration Card for members of the Jamaican Diaspora. This is similar to what several countries have done for their Diaspora populations who no longer have their home country citizenship. All persons born in Jamaica or of Jamaican parentage or heritage would be eligible to hold the card and would provide all the benefits of Jamaican passport holders (except the right to vote), and allows the cardholders the right to stay for an extended period in Jamaica. The purpose would be to encourage the Diaspora to return, get involved, and invest in Jamaica.” –EGC

“Minister of Foreign Affairs and Foreign Trade Senator Kamina Johnson Smith has said that the Government is looking to amend the Immigration Act to give overseas Jamaicans certain benefits akin to holders of a Jamaican passport. ...She said the move was proposed by the Economic Growth Council (EGC) in response to the concerns of overseas Jamaicans about the hassles they often face when they come home to do business.” 

"Under Chapter two of the Jamaican Constitution, persons born in Jamaica and persons born outside Jamaica of Jamaican parents have an automatic right to Jamaican citizenship. Applications for Jamaican Citizenship are done in different categories. "

These include applications for citizenship: 1. Descent. 2. Marriage.

3. naturalization, 4. Registration (Commonwealth) and

5. Registration (Minor)- JAMAICA INFORMATION SERVICE

PASSPORTS AND DUAL NATIONALITY (page 347)

Adam I. Muchmore, Passports and Nationality in International Law, 10 U.C. Davis J. Int'l L. & Pol'y 301 (2004).

Because current international law applies the dominant and effective nationality test in situations of dual nationality, it is necessary to take account of the test in applying the law of binding state action to the nationality of passport holders. Under this test, an individual who is a national of State A under State A domestic law and also a national of State B under State B domestic law will be a national of one state but not the other for purposes of international law. In this case, it would be inconsistent with international nationality law to apply the law of binding state action to the country of non-dominant nationality, if the internal laws of that country do not recognize dual nationality.

For instance, assume an individual holds passports of both States A and B but is a dominant and effective national of State B. If the individual were traveling in a third state, State C, State A would not be able to assert diplomatic protection over State C's objection." " If State A recognizes dual nationality, it is appropriate to apply the law of binding state action. The passport holder's possession of an additional nationality does not have any effect on his or her continued possession of the nationality of State A. " If State A does not recognize dual nationality, its issuance of a passport to the individual is an assertion not only that it believes the individual to be a State A national, but that it does not believe the individual to be a State B national (or a national of any other state). In this case, an individual holding a passport from another state no longer fulfills one of the basic conditions of State A nationality that he does not possess the nationality of any other state. Therefore, if State A does not recognize dual or multiple nationalities, the law of binding state action should not be applied to hold State A responsible for a person who is a dominant and effective national of State B. "It does not matter whether State B recognizes dual nationality, because State B is the state of dominant and effective nationality. It will always be prevented by the law of binding state action from denying the nationality of one of its dominant and effective nationals.

Nonetheless, I argue that passport issuance is a suitable triggering event for the law of binding state action. The common core of these doctrines is that certain representations made by a state can in the future have a binding effect on that state. It is clear that, at a minimum, representations made by heads of state'" and senior government officials with a responsibility for foreign affairs"' can have this effect. It is also clear, however, that representations made by lower level government officials operating outside their sphere of competence will not have this effect."7 Thus, the operative question becomes whether issuance of a passport is more like a representation by a senior government officer operating in his or her area of competence or more like a representation by a lower level official acting outside of his or her authority.

PUT THE QUESTION OF DIASPORA VOTING TO A REFERENDUM

The Government of Jamaica Cannot Speak For The Thousand Of Jamaicans Who Receives Remittances. Families and friends should decide the extent of their relationship, not the government.

www.ourjamaicavote.org
"Remittances pose a moral hazard problem by reducing the political will to enact policy reform. Compensatory remittances that insure the public against adverse economic shocks and insulate them from government policy reduce households’ incentives to pressure the government to implement reforms to facilitate economic growth."
“In the absence of remittances, the typical evaluation of an economy’s ability to sustain its debt level relies solely on a comparison of the growth in the country’s domestic income vis-à-vis the interest rate on its debt"....The exchange rate effect on remittances, therefore, serves as a potential channel for offsetting the upward adjustment in the debt stock from a depreciation of the domestic currency.”

The policy of government not to allow the Jamaican Dollar to increase in value with the increased flow of remittances represents a continuous transfer of country's wealth to the benefit of the rich instead of the poor. If the Diaspora money is being used to enrich special interest groups at the expense of the poor then is the duty of the Diaspora to demand that the question of Diaspora Voting be put to a referendum for the people to decide the extent of their relationship with Diaspora Jamaicans.

Empowering the Jamaican Diaspora will break the stranglehold of special interest groups on the political and economic system who are refusing to support Diaspora Voting Rights to demand greater transparency, good governance, and prosperity for all so we don't have to work so hard to send remittance home.

ENFORCING ECONOMIC APARTHEID WITH THE HELP OF JAMAICAN TAX PAYERS

THE SINGAPORIZATION OF THE JAMAICAN ECONOMY: 

We the people of Jamaican must stand firm against the most pervasive form of social engineering through Race Stratification in Jamaica by the imposition of a subsidised merchant class on the majority poor black. This is an affront to the basic dignity of our people on the premise that one race is superior to the black man to the extent their presence in our country is being subsidised by the major black working class.

This form of social engineering is most hostile to the civil and social dignity of every Jamaican and inherently hostile to the advancement of poor Jamaicans in pursuit of a corporate agenda and the imposition of a race-based economic development plan outside of a strong institutional framework to protect the Jamaican people and Local Investors.

This represents one of the most exploitative development agenda in the history of modern governance in this country and throughout the free world. Our Government has turned its back on the very core ideals upon which this nation was founded.

A NEW FORM OF LEADERSHIP

So as the beautiful petals from the Otaheite Apple Tree blanket the bare rock as they fall to the ground like velvet carpet so should be the voice of our leadership; smoothing the hard reality of the Jamaican experience.

Leadership must not only be Aspirational, it must also be Inspirational. We have a 10-point plan, now is the time to say "yes we can" as we are no JLP or PNP we are "out of many one people." Who you voted for was only a moment in time that occurs every four-five years, the rest of the time you must be true to the interest of all your fellow men and women.

“The cruelest lies are often told in silence. A man may have sat in a room for hours and not opened his teeth, and yet comes out of that room a disloyal friend or a vile co-conspirator to the rape of his country and people. And how many lives have perished because, from pride, or spite, or indifference, or that unmanly shame which withholds a man from daring to betray the desire of greed and self- interest, that at this critical point in our nation’s development, has but hung his head and held his tongue”.

We should be committed to a new form of leadership; "Transforming Jamaica Through Leadership" an agenda for real change. When we talked about Transforming Jamaica and Change, we are not talking about "Change You Can Live With", as in Constitutional Changes to "shuffle the deck"; when however you change the cards, at the core of real leadership and governance are fundamental values and principles which governs how those with POWER relate to and treat those who are less powerful and by using the position of power to embody those core values and principles into institutional and capacity building such that they become the core philosophy of the heads and people who are running our institutions upon which the powerless depend on for the protection of their fundamental rights, justice, freedom, social and economic equality.

JAMAICAN ADVANCES TO SCRIPPS SPELLING BEE FINAL

Dave Rodney, Gleaner Writer

MARYLAND, USA:
Jamaica's Chaunte Blackwood has advanced to Thursday's final of the Scripps Spelling Bee following a day filled with joys and disappointments for spellers at the competition. 

Blackwood, the 13-year-old Gleaner's Children's Own Spelling Bee champion who attends Ardenne High School in Kingston moved past 200 other spellers from across the United States and elsewhere to do battle for the coveted Scripps Spelling Bee Cup.

"I am thrilled and honoured to be among the top 45 finalists, down from 284, and I am am looking forward to this amazing experience here in Maryland", Chaunte told The Gleaner.

Her coach, Hanif Brown, himself a student, has been equally upbeat.

"Chaunte has already made it this far and we are hoping she will go all the way to the top," he said.

Earlier today, Blackwood correctly spelt the word a-i-l-e-t-t-e and c-a-n-t-i-n-a. 

Points from her preliminary test on Tuesday were  added to her spelling score today.

Thursday's final will be broadcast live on ESPN2 and ESPN starting at 10 a.m

JAMAICA IS ON TRACK TO HOST THE IAAF WORLD TRACK AND FIELD CHAMPIONSHIP IN 2019?

The recently concluded 2016 Boys and Girls Track and Field Championship at the National Stadium in Jamaica was perhaps unmatched by any other high school track and field event.

This accomplishment demonstrates the skills and level of professionalism of our young athletes but, more importantly, the contributions and involvement of the private sector working in community partnership outside the influence of the government. This was a world-class event and has set the stage for Jamaica to host the next IAAF World Track and Field Championship in 2019. 

""" ” ” Sport has the power to change the world. It has the power to inspire; it has the power to unite people in a way that little else does. It speaks to youth in a language they understand." ~ Nelson Mandela speaking while presenting the Inaugural Laureus Lifetime Achievement Award, Sporting Club, Monaco, Monte Carlo, 25 May 2000 #LivingTheLegacy and Jamaicans are ready to do just that with the first-ever Ice Hockey Team. 

Jamaica’s Ice Hockey Team Makes History, First Caribbean Nation To Become Members Of IIHF

JAMAICA'S NATIONAL DEBT COULD REACH US$20 BILLION BY 2030

WE NEED RADICAL CHANGES TO OUR ECONOMIC POLICIES IF JAMAICA IS TO AVOID THE DEBT TRAP ESTIMATED AT SOME US$ 20.0 BILLION BY 2030..

Most Governments around the world especially in developed countries have come to confirmed that Macro Economic Policies driven by interest rates and inflation targets are worthless in ensuring sustainable growth. We must create double digit growth rates by sending a "shock wave" through the productive sectors of our economy.

The current Macro Economic Polices of the Government of Jamaica must change radically away from interest rate and inflation targets to developing a Energy Master Plan to significantly reduce the cost of energy and more specifically cutting the cost of electricity by over 70% RIGHT NOW!

GROWTH AND ECONOMIC DEVELOPMENT MASTER PLAN

"On his 2015 visit to Jamaica President Obama and his administration took the strategic decision to license Jamaica as the first country outside the North American Free Trade Area (NAFTA) for the export of US LNG and for Jamaica to become the Hub for America's Energy Exports to Latin America and the Caribbean."

Energy is the engine for the production of goods and services across all economic sectors: agriculture, industry (mining, manufacturing), transportation, commerce, public administration, etc. It is equally vital to the provision of basic civic services (health care, clean water, sanitation, etc.), to improving access to education and, ultimately, to raising incomes.

The US$730 million plus 1,200 acres of land could have significantly transform the Jamaican economy had we invest in solar energy instead of the north-south highway link. This could have gotten us some 690 MW of electricity at a cost of US$0.06/kWh. Twice the generating capacity of JPS at a delivery cost some 85% cheaper than the current cost, creating some 110,000 jobs by 2017 adding another US$10.0 billion to our GDP.