Category: Politics

Categories
Constitutional Development Corruption Panamagate

We ain’t seen nothing yet

One by one they walked out of Mile End HQ with that pathetic smile that convinces only themselves and the diehard faithfuls that all is well in the State of Labour. No comments to the assembled press though, at least not until PM Abela walked out of the glass door of the infamous Dar it-Trasparenza. Abela was, rightly, the one to face the music and give some kind of rendition of what had gone in the meeting.

Good news first. Mizzi has been voted out of the Labour Party. The man who has been unfit for purpose since at least the Panama Papers revelations is finally party-less and has been left to fend for his sorry self (while still in quarantine).

In other news, Abela is still playing to the circus that voted his party back into power notwithstanding the fact that many of the what he calls ‘allegations’ were known to them in 2017. The accolytes gathered around him for moral support included such luminaries as Edward Zammit Lewis and Stefan Zrinzo Azzopardi and they were there to applaud and yell their support to make whatever happened that moment look and sound like a resounding victory.

Pressed and cornered to take a position about Joseph Muscat, Abela writhed and squirmed trying hard to build a case for not having ditched il-Kink along with the rest of the ballast. The biggest problem that Abela had was the elephant in the room : he could not say that Muscat deserved being ditched by Labour for the enormous responsibility that he has carried at the very least for standing by the Mizzi and Schembri Roadshow from the start.

He tried. He did say that had he been in Muscat’s place in 2016 he would have ditched Mizzi immediately. But Muscat’s responsibility goes further than that. It is a continuing responsibility borne by the fact that he stood square behind Mizzi and Schembri until yesterday. And here comes the elephant… that responsibility is carried by each and every member of the Labour governments who have stood square behind Muscat’s line of defences.

These are the Labour government and members who accused investigators and civil society of being traitors of the nation. They are the same members who backed Mizzi’s corrupt deals to a hilt. They are still unable to bring themselves to commit on a revision of every single contract and deal in which Mizzi was involved.

Abela today tried to get cheers for a non-achievement. His distraction biscuit today was that we would not be going to the polls any time soon (cue cheers and cries from the rent-a-crowd). The cries came from people who are just as tainted and just as mixed-up in this mess. As long as the collective responsibility for our nation’s current predicament is not borne then we continue living a lie.

As a friend of mine rightly noted earlier tonight: “Daphne Caruana Galizia would have still been alive today, had it not taken you ages to decide. Had our institutions been truly independent and allowed to function.”

That, Robert, is the reason we cannot have accolades and triumphalisms. You might convince yourself and your roadies that tonight’s vote is some big cut off moment. As far as we are concerned, we literally ain’t seen nothing yet.

photo: M. Mirabelli

Categories
Constitutional Development Mediawatch

Rajna f’Idejna

Writing in today’s Times of Malta controversial ex-politician Franco Debono discusses recent happenings in the field of constitutional reform. The article titled “The reforms we implement should be our own” concerns what Franco calls “the colonial mentality of having reforms imposed”. Constitutions and constitutional reforms must be autochthonous Debono tells us and not granted by a foreign sovereign.

What interests me today is the basic premise of Debono’s argument: that we are having reforms imposed on us by some foreign power or authority much in the same way we depended on sovereigns granting us constitutions in the past.

In simple terms, what Debono is advocating here is that any changes to our constitution must not be imposed from the outside but must come from within the country (“We the people”, presumably through the able hands of our representatives and their advisors). There is very little to criticize here: the sovereign constitutional power resides with the people who delegate their representatives (and specialists) to give legal shape to that power.

Debono does not stop there. He speaks of what he calls ‘the unfortunate and tragic circumstances in which the Venice Commission, a respected organ of the Council of Europe, was requested to make proposals about this country’s institutions two years ago”. After outlining what he terms the Commission’s ‘proposals’ he states the following:

Benefitting from the expertise of international bodies is one thing. But having fundamental structures extensively imposed on the country by external institutions is humiliating and marred by a bitter colonial taste, especially when those proposals have a local origin. Steering away from a colonial mentality towards a sentiment of national pride is the greatest reform that this country needs. The rest should follow.

The reforms we implement should be our own – Franco Debono

This is where Debono’s original premise falls flat. The implication is that the Venice Commission is imposing content on Malta, and that somehow the constitution of Malta has slipped from the sovereign hands of the people into the hands of foreign writers. M’ghadniex rajna f’idejna (we no longer have the reigns of our country in our hands). This jingoistic, nationalistic nerve that Debono is tapping fits conveniently in the current narrative of misplaced patriotism and anti-European sentiment.

The assertion of any imposition of the actual rules and laws and structures is false. This argument can be extended not only to the Venice Commission (an institution within the Council of Europe) but also to the Commission and Court of Justice of the European Union (institutions of the EU), both of which may be tasked to review the conformity of Malta’s laws and regulations with the rule of law.

Debono is ignoring the fact that such institutions are tasked with checking the standards of our laws and not their content. Every member state of the Council of Europe and European Union remains the sovereign master of its legal system. Member states are free to alter and draft their own laws as they deem fit but such laws are tested against standards which the very same member states have agreed to in their full, sovereign membership of international communities.

Think of this as a VRT test. You are free to purchase any car you choose and can tweak it to your liking so long as it conforms with the agreed standards for roadworthiness. A VRT tester does not impose a car on you but makes sure that your car is up to the standards everyone agrees to.

The Venice Commission will look at any suggested reform which the Maltese state makes. It will do so using a standard measure that is the rule of law. Should any of the measures fail to fit that standard the Venice Commission will make that known. The same goes for potential cases before the ECJ. As the Polish government found out recently, every Stateis free to change its system of appointment of judiciary – so long as that system guarantees an observance of the basic tenets of the rule of law.

Being held to certain standards is not the same as being forced to accept laws that are not ours. The standards are standards established for our own good and which we, as a sovereign nation member of international communities, adhered to. Our laws must be safe. Safe for us, the citizens who abide by them.

At the heart of such standards is the interest of “We the people” who are protected by their application. Far from being an imposition, it is an international guideline of democratic standards that we are being asked to conform to.

Given what Franco calls the “unfortunate and tragic circumstances” into which our country was dragged, the fact that the abusers of our constitution and law for so long are now being set to a higher standard when tinkering with the laws is a small but worthy consolation.

The only colonial mentality of submission would be to allow those who have held our constitutional rights hostage for too long in the name of a party duopoly to dupe us into thinking that conforming to the right standards is some blow to our national pride.

Categories
Values

Braying Donkeys and Hyenas

The Maltese have a saying ; “Ħanqa/naħqa ta’ ħmar qatt ma telgħet is-sema”. (A donkey’s braying never reached the sky). I never quite put my finger on what exactly we are to learn from this proverb and normally put it down to mean that the noises some individuals make are best ignored because of their emptiness.

I am reminded of the saying every time I come across posts by that sans pareil of Maltese wankellectualism Mario Azzopardi. It is not just now that he is steeped in controversy for his latest base brainfart attacking Roberta Metsola – it is practically always. The energumen has styled himself as some sort of facebook demagogue riding the filthy waves of jingoistic patriotism, unbridled racism and collective bigotry. His appeals are followed by a herd of like-minded individuals whose common lineage is found in the perverted interpretation of civil society that has prevailed in the age of TaghnaLkolllism.

Just before his tirade against Metsola, on St. George’s day, this latest version Malta’s illuminati had written his own appreciation of what politics is about:

He’d rather have a son of a bitch in power than a floppy romantic ‘saint’. Poor old Macchiavelli gets drawn into this Manual of the Political Warrior as Pilate in the creed. Were it a politician talking you might even salute the bold assertiveness of the position being taken. Black on white it is there. This is no politician though. This rabble rouser is a leech on the public purse – one of the many who enjoyed the patronage of Muscat’s Aqwa Zmien… one of the few for whom this was really a golden age.

Metsola rightly did not stoop to the levels of this hyena (far from sharks Mario, far from sharks) of the political jungle. Her reply to his ridiculous tirade was exemplary:

Yes, because lessons on what politics should be about are not to be taken from hyenas scavenging for some prize but from those who work hard for the common good. Incidentally it will not go unnoticed that the hyena’s efforts are part of a concerted effort encouraged daily by the authorities in power. Internet bullying and rabble rousing remains the order of the day as a long list of insignificant politicians and pseudo-politicians attempt to harness the anger of a misinformed population.

It is with the weapon of information that the hyenas and donkeys of this world will be finally relegated to the dust heap of irrelevance where they belong.

Categories
Environment

Fuck You Dolphins

We’ve been so happy spotting dolphins all over the island. Clips of the cetaceans zipping contentedly over and under waves have been shared again and again and have also made the news – to the point of getting an archbishop’s blessing. Some experts (we still have some somewhere) told us that this was because there was less noise underwater so the dolphins will come and play closer to the shores.

You barely have the time to enjoy the extra adrenaline rush from this newfound moment of natural goodness that a Minister will come along and spoil the show. Minister Farrugia’s little brownie badge acquired for his new plans for petrol stations had just about found place on his inflated chest when he came up with this blooper: Rubble could be dumped in the sea as a short-term solution, Environment Minister Aaron Farrugia has suggested as the roadworks projects in the country remain at a standstill.

The roadworks in Lija – one of the many asphalt laying projects of the Government of the Best – are at an unacceptable standstill and this because the debris created by said project can find no place to call home. Funnily enough it is actually a question of money since the problem seems to be a disagreement on the price per tonne that has to be paid to quarry owners to accept the debris. I say funnily enough because this government has given us a simple modus operandi of throwing millions of euro at preferred customers in the private sector in order to solve its problems.

It seems however that while our elders may be dumped and crammed into a hotel at exorbitant prices in order to fill the huge gap of inadequate hospital and care facilities (1.6 million euros to Downtown Hotel), while direct orders for illegal batching plants may be the run of the day… while all of this is possible, the quarry owner’s demands are not feasible.

Nope. In this case our option is to take the debris and DUMP IT IN THE SEA. Apparently it is ok because the Nationalists (remember them?) have done it before when building Smart City. There HAD to be a precedent didn’t there Aaron? Because now it will be ok if you go on and proceed to dump debris in the sea in accordance with whatever sick law you lot conjectured together in parliament.

This is the government that often toys with the Gozitan community by proposing to build a tunnel between the islands. I’d love to see that. Really. I wonder where they would plan to put all that debris. In the sea right?

Aaron Farrugia and his hobz-biz-zejt eating half-brained colleague Ian Borg can both stick their heads far up where the sun does not shine (while we’re at it that pea brained excuse for a human Clint Camilleri can join them). Their love of asphalt and development (and hunting) is seriously prejudicing whatever is left of our islands.

Their big fuck you to dolphins today is another nail in the coffin of our environment.

Categories
COVID-19 Environment Immigration Politics

The Foreign Legion

There’s no two ways about this. Tackling the effects of the coronavirus pandemic requires a particularly well-honed toolset that is fully integrated with the global realities of today’s world. The by-now standard reaction in any nation wanting to brace itself and mitigate the impact of the virus is the dreaded lockdown.

The nature of the lockdown – a standstill of day to day life as families are confined to their living quarters and only the most essential of commerce is available – can be widely misinterpreted. Since part of the lockdown entails a shutting down of borders; and since the transmission of the infection is identified with travel, movement of persons and importation, the mover, the border, the foreign is rapidly becoming the enemy.

We are living in unprecedented times of Global War. This World War III is cross species. Homo sapiens vs COVID-19. Unfortunately the misinterpretation that I spoke of above means that across the globe governments and people are confusing persons on our side of the war with the enemy.

The foreigner becomes the suspect carrier, promoter and deliverer of the deathly virus kiss. Short-sighted, knee-jerk, populist reactions fail to factor in that the foreigner on ‘our’ land is part of the army needed to fight in the trenches.

Boris Johnson and Donald Trump ‘nationalised’ the reaction to the virus. Their politics built on the nostalgic pull of rekindling wartime memories of Greater America and Imperial UK could only produce the kind of nationalistic verve that was oblivious of international realities. In Little Malta we had a Minister whose name is not worth mentioning who openly declared that the first expendables would be the foreigners who had until very recently aided in the boosting of the market.

Yet the interdependent society that we had been in the process of building in fits and starts cannot suddenly be waved away with a magic wand. Nations like Luxembourg with 50% of the population ‘foreign’ by definition quickly realised that rather than kick out the non-natives, the nation depended on them. Vital sectors like the health sector ran on the transfrontalieres – cross-border commuters.

As soon as the borders threatened to shut the message from Luxembourg was an invitation to health workers to move their residence to the Duchy – even temporarily – in order not to let the health system collapse. The German Minister for Agriculture has already stated that the country would have to import manual labourers to work in the fields and prevent a food shortage.

However, there could be problems with the harvest in the fields, confirmed DBV President Rukwied. Of the approximately 286,000 seasonal workers who work in German fields every year, many come from abroad. According to Klöckner, their ministry is currently working on “workable solutions” to recruit the required workers. For example, workers from other sectors, such as catering, which are currently at a standstill, could be used. Temporary, flexible solutions will be worked out, such as relaxing the law on ‘mini-jobs’ or Sunday working. If not enough seasonal workers can be made available, they could also be flown in from abroad to cross closed borders, said the agriculture minister.

Source

The key to understanding this aspect of the Global Reaction to the epidemic is to understand that this is everybody’s war. The cliche’ that the virus knows no borders is not an excuse to build those walls that the populists had so desperately advocated for in pre-plague times. Rather it should lead to an understanding that there is no local answer to the problem – it has to be world wide.

And in these cases the foreign legion is that extra army that might help us cross the line at the end of the tunnel.

Categories
Constitutional Development Rule of Law

Vigil: justice for Daphne

Credit: Paul Borg Olivier

Speech delivered at Vigil for Justice for Daphne. 16th November 2019.

First, Let’s Kill All the Lawyers. L-ewwel ma nagħmlu, ejja noqtolu l-avukati kollha. Xi ħsieb dak eh? Ħsieb li jxewwex il-massa. Huwa ħsieb li jmiss xi ħaġa fil-fond ta’ kull wieħed u waħda minnkom, anki jekk forsi ma tkunux lesti tammettu. X’qed ngħid? Probabbli daż-żmien ħadd ma jiddejjaq jgħidu. Daphne Caruana Galizia wkoll forsi kellha xi ħsibijiet koroh dwar l-avukati f’xi mument… imbagħad iżżewġet wieħed… mur obsor …

L-ewwel ma nagħmlu, ejja noqtolu l-avukati kollha. Dik il-frażi taslilna dritt minn triloġija ta- drammi ta’ Shakespeare dwar l-ġlieda għall-poter fi żminijiet diffiċli ħafna fir-renju tal-Ingilterra – qisu Brexit imma fil-passat. Il-mument li fih titlissen dik il-frażi jiġi hekk kif persunaġġ li jismu Jack Cade qiegħed ixewwex folla ta’ nies komuni kontra min qiegħed fil-poter. Mument populista.

Cade qed iwiegħed ikel irħas u birra irħas. Ikompli jwiegħed li ’l quddiem ma jkunx hemm bżonn flus, kulħadd jiekol u jixrob kif irid u kulħadd jilbes tajjeb. Lanqas jilħaq jispiċċa jwiegħed dan kollu li mill-folla ma tqumx l-għajta :  “L-ewwel ma nagħmlu, ejja noqtlu l-avukati kollha.”

Shakespeare kien jaf li b’dan il-vers kienu se jogħxew ħafna nies.U hekk hu. Is-sentiment li jesprimi ma huwiex sempliċement wieħed kontra l-avukati iżda kontra l-istruttura legali sħiħa illi fuqha tiddependi u topera s-soċjetà sħiħa. Il-poplu ribelluż, imxewwex minn dak li jixtieq isir Re bil-wegħda ta’ status aħjar ma jirrifjutax il-possibbiltà li jinjora obbligi, li jivvjola wegħdiet u li jikser ir-regoli.

Cade jirkeb id-dagħdigħa tal-mument u jsejjaħ lill-massa biex tkisser l-iskejjel tal-liġi u l-qrati. Minn issa ‘l quddiem il-liġijiet isiru kollha minnu u minnu biss. Cade huwa l-eroj tal-mument. Is-segwaċi tiegħu lesti jaċċettaw sistema li trendi r-rappreżentanza istituzzjonali inutli – lesti jkissru sistema sħiħa. Kollha kemm huma jafu li Cade huwa giddieb magħruf imma lesti jagħzlu l-ħolma-wiegħda tiegħu fuq kollox: “Henceforward all things shall be in common.” L-Ingilterra Tagħna Lkoll.

Cade jgħid lill-marmalja ta’ quddiemu li l-għadu huma l-litterati u l-għorriefa. Ma jdumux ma jixxewxu biex jgħallqu skriba “bil-pinna u l-klamar m’għonqu”. It-tradituri tal-kawża kollha għandhom jinġabu quddiem il-ġustizzja tal-marmalja.

Nista’ nkompli b’iktar eżempji minn dal-kapulavur storiku. Li rridu nifhmu hu li Shakespeare, li kien qed jikteb fi żmien meta stejjer dwar ribelljoni kienu ċċensurati bil-kbir, qed jikxef l-elementi taż-żelqa lejn it-tirannija.

Shakespeare qed iwissi dwar dawn is-sejħiet biex jitfarrku l-ġustizzja u l-għarfien. Twissija li tapplika ghal dawn iż-żmienijiet ukoll. Qiegħdin hawn għal darb’oħra fuq kollox sabiex infakkru kittieba, ħaddiema tal-kelma li sfat suġġett ta’ ordni moqżież : mhux li titgħallaq bil-pinna u l-klamar ma għonqha imma biex iġġarraf splużjoni b’mod barbariku.

Dik l-ordni ġiet fi żmien meta l-battalja kontra l-ġustizzja, kontra l-loġika u kontra r-raġuni kienet ġa bdiet. M’hemm l-ebda dubju – Daphne Caruana Galizia hija l-vittma tax-xewwiexa li qarrqu bin-nies bl-illużjoni ta’ ħajja aħjar, li wasslu biex inkonxjament jiġi injorat it-tkissir tas-sistema, li biegħu il-gidba li dan huwa L-Aqwa Żmien.

Is-sinjali ta’ twissija kienu ilhom hemm. Imma spjegazzjonijiet tekniċi dwar it-tkissir tas-Saltna tad-Dritt – ma jistgħu xejn kontra mewġa fuq mewġa ta’ populiżmu u demagoġija.

Xogħol Daphne kien jifforma parti minn makkinarju ikbar ta’ xogħol impekkabbli magħmul minn mewġa ġdida ta’ ġurnalisti u investigaturi – moviment ġdid kontra l-korruzzjoni fid-dinja, fl-Ewropa u f’pajjiżna.

L-istituzzjonijiet tagħna nħatfu. In-nies għadhom f’qagħda lluppjata ta’ aċċettazzjoni. Għadha ma nqalbitx il-folja. L-isfida li niffaċċjaw illum huwa li nkomplu nipperseveraw u nseddqu l-veritajiet li nies bħal Daphne kienu qalbiena biżżejjed li jikxfu. Hekk kif iktar nies jifhmu bil-qerq il-kbir li tagħha huma l-vittmi, iktar ma tikber ir-rabja għall-bidla.

Sentejn wara l-fatt, irridu naċċettaw ir-realtà patetika li dan l-assassinju ma kienx atroċità kbira biżżejjed li ssarraf f’azzjoni konkreta reali mill-poplu. Irridu naċċettaw il-verità qarsa li anki jekk rajna l-istituzzjonijiet jinħatfu wieħed wieħed, anki jekk rajna ir-rappreżentanza titmermer u titniġġeż mill-kilba partiġġjana, anki jekk rajna lill-għassiesa tagħna nnewtralizzati, dan kollu għadu ma kienx biżżejjed biex ikebbes nar ta’ moviment ta’ bidla.

L-irjus koroh tad-dubju u tan-nuqqas ta’ fidi fil-proxxmu jqumu kull meta forsi kien hemm ħjiel ta’ bidu ta’ bidla. Dak l-istess dubju u nuqqas ta’ fidi jkissru u jifframmentaw l-ilħna tal-bidla u jsaħħu lill-użurpaturi tal-poter.

Imma. Nixtieq inwassal aħbar tajba lil din il-velja. Nixtieq ngħid li l-movimenti taċ-ċittadini mgħaddba għall-istupru tal-ambjent u għall-abbuż tal-awtoritajiet tal-ippjanar, li il-kuxjenza dejjem tikber dwar differenzi kbar soċjal-ekonomiċi – huma sinjal li r-riħ qed iqum.

Nixtieq nenfasizza li minkejja li għad hawn politikanti lesti jixorbu mill-ilma mdardar tar-razziżmu, xenophobija u mibgħeda għall-barrani – hawn ukoll min lest jieqfilhom. Irrid nenfasizza dawn l-aspirazzjonijiet ġodda għal Malta verament Ewropea li taspira tkun parti mill-bidla kontinentali għal futur aħjar.

Dan kollu minkejja – u mhux grazzi għal – ħafna minn dawk li suppost jirrapreżentawna. In-nies qed tfittex vuċi ġdida, bidu ġdid li jwarrab stili qodma u li jwassal proġett ġdid għall-ġid komuni taċ-ċittadini. Il-mara li xogħlha nikkomemoraw illum ħadmet ħafna biex tikxef il-veritajiet li huma neċessarji f’din il-ġlieda. Tagħha ma kenitx qlubija fiergħa. Kif qal Peter, ir-raġel tagħha:

« Il-Qlubija waħedha ftit għandha valur jekk ma għandhiex skop. Mingħajr sens ta’ ġustizzja. »

Illum niltaqgħu biex naqtgħu ras il-mostri tad-dubju u nuqqas ta’ fidi. Niltaqgħu hawn biex inkebbsu dak is-sens ta’ skop. Niltaqgħu hawn biex nikkonfermaw li nemmnu f’socjetà ġusta. Niltaqgħu hawn biex nikkommettu ruħna għat-tfittxija tal-verità, għall-ġlieda għall-ġustizzja u għat-twelid mill-ġdid ta’ Repubblika li rat wisq uġiegħ u ġarrbet wisq dannu.

First, let’s bring them all to justice. L-ewwel ma nagħmlu, ejja naraw li jsir il-ħaqq.