Identifier
Created
Classification
Origin
08KINGSTON1034
2008-12-09 14:29:00
CONFIDENTIAL
Embassy Kingston
Cable title:  

JAMAICA: AWAITING COURT RULING ON HIGH-PROFILE

Tags:  PRWL PGOV SOCI CPAS PBTS EFIN ELAB ECIN ECON 
pdf how-to read a cable
VZCZCXYZ0010
PP RUEHWEB

DE RUEHKG #1034/01 3441429
ZNY CCCCC ZZH
P 091429Z DEC 08
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC PRIORITY 7039
INFO RUCNCOM/EC CARICOM COLLECTIVE
C O N F I D E N T I A L KINGSTON 001034 

SIPDIS

E.O. 12958: DECL: 12/09/2018
TAGS: PRWL PGOV SOCI CPAS PBTS EFIN ELAB ECIN ECON
JM, XL
SUBJECT: JAMAICA: AWAITING COURT RULING ON HIGH-PROFILE
DUAL NATIONAL MP CASE; POLITICAL AND ECONOMIC IMPLICATIONS

REF: A. KINGSTON 398

B. KINGSTON 310

C. KINGSTON 280

D. 07KINGSTON 1336

Classified By: DCM JAMES T. HEG FOR REASONS 1.4(b) and (d)

C O N F I D E N T I A L KINGSTON 001034

SIPDIS

E.O. 12958: DECL: 12/09/2018
TAGS: PRWL PGOV SOCI CPAS PBTS EFIN ELAB ECIN ECON
JM, XL
SUBJECT: JAMAICA: AWAITING COURT RULING ON HIGH-PROFILE
DUAL NATIONAL MP CASE; POLITICAL AND ECONOMIC IMPLICATIONS

REF: A. KINGSTON 398

B. KINGSTON 310

C. KINGSTON 280

D. 07KINGSTON 1336

Classified By: DCM JAMES T. HEG FOR REASONS 1.4(b) and (d)


1. (SBU) Summary and analysis: The government continues to
retain its slender parliamentary majority of 32-28 as the
Jamaican court postponed a decision on the West Portland
seat. Currently Daryl Vaz of the ruling Jamaica Labor Party
(JLP) holds the position, but in April a Supreme Court
justice ruled that he cannot retain the seat because he held
dual U.S.-Jamaican nationality at the time of his nomination
and election. Vaz,s challenger, the People,s National
Party (PNP) candidate Abe Dabdoub, filed a court case against
Vaz and demanded that the votes for him be nullified, thus
giving Dabdoub the seat outright. Instead, the Supreme Court
ruled that a by-election should be held, and Dabdoub filed an
appeal. The appeal case had been due for a hearing before a
panel of three judges on November 24, but the case was
postponed when one judge was unable to attend the
proceedings.


2. (C) If the court chooses to discount the electorate and
grant Dabdoub the parliamentary seat outright, Prime Minister
Bruce Golding will be in a very difficult position; in the
past, he has stated publicly that he would never allow an
unelected parliamentarian to serve based on a technicality.
A court appointment of Dabdoub could force Golding,s hand at
a time when the populace is frustrated with inflation and
endemic crime. If Golding were to call a general election in
the next few months, there is no guarantee the JLP could
maintain even its narrow parliamentary majority. End summary
and analysis.

Parliamentary Seat Stalemate Continues
--------------



3. (SBU) Daryl Vaz, the majority Jamaica Labor Party (JLP)
member of parliament (MP) elected in the West Portland
district in the September 2007 national election, was a U.S.
citizen at the time he was nominated and ran for office (Ref
D). People,s National Party (PNP) challenger Abe Dabdoub
claimed that Vaz violated Jamaica,s constitution, Clause 42
of which bars from high office anyone who has &sworn
allegiance to a foreign power.8 On April 11, Chief Justice
Zaila McCalla ruled that Vaz could not retain his elected
position. However, she did not grant the petitioner's
request to nullify the votes against Vaz and appoint Dabdoub
directly to the seat; rather, she called for a by-election.
In May, Vaz renounced his U.S. citizenship and announced he
would run for his seat again if necessary (Ref B). Dabdoub
appealed the Supreme Court decision, and a three judge panel
was due to hear the case on November 24. However, the case
was postponed because one of the three judges was unable to
attend the hearing. No new hearing date was announced.

Local NGO Analyzes Role of
Dual Nationals in Government
--------------


4. (U) In late November the NGO Caribbean Policy Research
Institute (CAPRI) published an analysis on the arguments for
and against permitting dual nationals to hold high government
office in Jamaica. CAPRI noted that according to the widely
accepted interpretation of the pertinent constitutional
clause, neither the United Kingdom nor member nations of
CARICOM constitute &foreign powers.8 In Jamaica, this
leaves dual citizenship with the U.S. as the most commonly
contested issue.


5. (U) The CAPRI report cites the &commitment8 argument
against permitting dual nationals to hold high office,
proponents of which posit that someone who has allegiance to
two countries may not fully serve the best interests of
either. The report quotes Abe Dabdoub making such an
argument, as well as former Prime Minister Edward Seaga, who
renounced his U.S. citizenship to take office. Seaga once
said, &One man cannot remain loyal to two flags.8 To test
the validity of the &commitment argument,8 CAPRI examined
legislation in the Jamaican parliament from 1998 to 2008 to
search for conflicts of interest. CAPRI determined that such
conflicts arose in less than one percent of the bills under
discussion.


6. (U) The CAPRI report also references the &capacity8
argument in favor of allowing dual citizens to maintain key
government positions. Those who support this view argue that
it is essential to find the most qualified persons, and it is
sensible to widen the applicant pool by looking to the

diaspora. People who have lived overseas, or at a minimum
have been educated abroad, may have a greater depth of
experience and will best be able to serve constituent needs,
this argument states. Furthermore, it shows a high level of
commitment on the part of these dual nationals to return to
Jamaica, eschewing opportunities elsewhere in favor of
serving in the public sector in their home country.


7. (U) According to the report, of immigrants to OECD
countries from Latin America and the Caribbean, about a
quarter have tertiary degrees. In contrast, of those
remaining in their home countries, only twelve percent have
that level of education. The CAPRI report also cites a 2004
study which found that Jamaica has one of the world,s
highest rates of emigration by university graduates. The
CAPRI report states, &( (L)osing the most skilled
Jamaicans to migration has had well-understood and not
inconsiderable productivity losses for the economy. It is
reasonable to conclude that excluding them from the political
process upon return is likely to result in a negative
trade-off there as well.8 (Note: The CAPRI report does not
account for remittances, which may balance some of the
economic losses from &brain drain.8 There is no such
commensurate counter-balance for losing political talent, so
the trade-off there is even steeper. End note.)

Comment and Analysis
--------------


8. (C) The CAPRI report contrasts two arguments, and while
more evidence seems to support the &capacity8 side, the
conclusion notes that Jamaicans must decide for themselves
whether commitment or capacity should carry more weight in
determining who is allowed to hold high office. It seems
that Vaz,s renunciation of U.S. citizenship undermines the
&commitment8 argument, and he remains popular in his
district. Nevertheless, if the court chooses to discount the
electorate and grant Dabdoub the parliamentary seat outright,
Prime Minister Bruce Golding will be in a very difficult
position; in the past, he has stated publicly that he would
never allow an unelected parliamentarian to serve based on a
technicality. A court appointment of Dabdoub could force
Golding,s hand at a time when the populace is deeply
frustrated by rising prices, the drop in the value of the
Jamaican dollar, and endemic crime. If Golding were to call
a general election in the next few months, there is no
guarantee the JLP could maintain even its slim parliamentary
majority. Then again, if the court continues to postpone the
case indefinitely for flimsy reasons, Golding and his party
may not have to face a public referendum for some time to
come. While there seems to be no deliberate bias on the part
of the judiciary, for now, at least, the lack of a definitive
ruling benefits the party in power.
Johnson