Text: PM's Address to the Nation

The Honorable Dr. Denzil L. Douglas
Prime Minister, St. Kitts & Nevis
Address to the Nation – October 14, 2009

Fellow citizens, nationals, residents:

St. Kitts & Nevis has been moving forward on two tracks for several months now. On one track - the track on which the duly elected Government moves - there has been the same high level of assessment, planning, and activity that there has always been. There has been the drafting of laws…and the signing of agreements. There has been our presence at historic international fora, and the beginning and completion of projects. Your Government continues to assiduously address itself to matters pertaining to the management of the economy; the provision of vitally needed social services; and the protection of the nation’s interests. In other words, the Government that you elected has continued to govern as we have – with energy and tenacity – met the myriad and consequential responsibilities associated with the running, the protecting, and the shaping of a nation.

On the other track have been the cases that have been brought before the Court by members of an opposing political party, supposedly as a means of signaling displeasure with the boundaries that were established by proclamation on July 3, 2009, with both the national assembly and the Governor-General, respectively, properly and thoroughly assuming their Constitutionally mandated roles.

Let us remember as we review the events of the past few months that our Constitution establishes and asserts the concept of separation of powers. And so, of necessity, the deliberations of the Court have had to proceed on a track that is completely separate and distinct from the governance-related responsibilities of my Government. That having been said, however, I must admit that I, as someone with special responsibilities toward this country, had hoped that by this time, the nation would have received a ruling from the Court - at the very least in order for the people of St. Kitts & Nevis to have greater clarity vis-à-vis the thinking and analysis of the Court; and secondly, because this ruling will have some bearing on how, as Prime Minister, and with strict adherence to the Constitution, I assess the various timing scenarios regarding the people of St. Kitts & Nevis exercising their sacred and most important right to vote.

Before discussing much further the importance, to us all, of the Court issuing a ruling without waiting much longer, I want us to reflect, for a moment, on what an important – indeed, what an essential – undertaking our recently concluded electoral reform process was. Commonwealth analysts had strongly recommended it; my own Government had long seen need for it; and even opposing politicians themselves had repeatedly and stridently demanded it. And so, as a part of our sweeping, and sorely needed, electoral reform package, we consulted widely – both at home and abroad. Inter alia, we established a new, photo-based National ID system to avoid electoral fraud. We cleaned up the electoral lists, and created a new Voters’ Register. New electoral boundaries were established in order to ensure greater numerical equivalency amongst and between electoral constituencies, based on constituency inhabitants. All of this was done, not simply by my Government or my party, but by the duly empowered electoral authorities.

So, let me say now how fortunate we in Saint Kitts and Nevis – and, indeed how fortunate our brothers and sisters throughout the Caribbean are – that we live in Constitutional democracies. Constitutions represent solidity because what happens, and what does not happen - even in the face of unusual circumstances - is clarified by the Constitution. When there is disagreement as to the way forward, again, there is the Constitution - illuminating the path…….the cornerstone of stability.

Let me also say, however, that it is very important that those seeking political power, whether in Saint Kitts and Nevis or elsewhere, respect and adhere to the time-proven means of achieving such power. That is, they must be willing to put in the long hours, to make the extraordinary effort, and to invest the tremendous energy that is required in order to win the trust and support of the electorate. While the Courts are a revered and essential component of our democracy, and while it speaks to the strength of our democracy that every national, citizen, and resident has inviolable access to our Court system, our Courts should, nonetheless, be used as a means of settling legitimate disputes between dissenting parties. While, as a matter of right, any political party is free to do whatever it wishes as far as the Courts are concerned, as a matter of basic political maturity, one would expect political parties to understand how very inappropriate it is to use the Courts as a means of getting attention that would otherwise not be forthcoming. There should be an instinctual awareness that the Courts should never be used in an attempt to create a crisis where no crisis theretofore existed. And one would expect from such parties a natural shying away from even a suggestion that the Courts be used to frustrate the electorate, test the limits of the Constitution, or confuse the lives and minds of ordinary men and women. Yet there is the filing of one Court case, after another, after another…..

As a matter of fact, there are, as you know, a number of appeals pending. In an attempt to meet its responsibilities, the Eastern Caribbean Court of Appeals invited the various parties to agree to the hearing of the appeal in St. Vincent. The Government was ready to cooperate. Those who took these matters to Court refused.

The Eastern Caribbean Court of Appeals then attempted, once again, to hear the appeal right here in Basseterre, during the week of November 2, 2009. We are ready to cooperate. Those who took these matters to Court, however, are again resisting.

Because of the unusual circumstances that the above-mentioned Court cases have created, I thought that we should, together, have a clear understanding of what we should expect, and when. As you know, we are now in the fifth year since our last election. Because the Constitution anticipated that, by this time, the country would be in election mode, it has made provisions for the automatic dissolution of Parliament on December 16th of this year. All that this means, however, is that Parliament will no longer meet on a routine basis for the passing of laws. Instead, Parliament will meet on matters of national importance, if and when, in accordance with the provisions of Section 47(5) of the Constitution, the Governor General authorizes them to do so, at the request of the Prime Minister.

Let me say here, also, that although many fail to make the distinction, the Parliament and the Government are not one and the same. And so, under the Constitution, even after the dissolution of Parliament, the Government still continues to ensure that the interests of the nation are protected and the public’s business attended to, until the holding of elections – just as it has when Parliaments have been dissolved before. Ministers of Government will continue meeting their ministerial responsibilities. And Government departments and agencies will continue functioning, just as before, because the Constitution, fully expects, and indeed requires, that the nation’s business continue to be taken care of.

Let me say, now, that my Government accepts, and indeed honors, the independence of our Judiciary. An independent Judiciary is, after all, an important cornerstone of all modern democracies. However, it is also a fact that the cases brought before the Court are quite different from the average case before the Courts where two or more private entities are in conflict. The bringing of these cases has a direct bearing on a number of Constitutional matters which would affect not me, as a private individual, and not the plaintiffs in their personal and individual capacities. Instead, these cases have a direct bearing, as I have said, on the procedures via which Parliament sits; the deadline by which, under ordinary circumstances, elections must be called; and a range of other Constitutionally-relevant issues.

In light of this, while I understand the care with which these cases must be reviewed by the Courts, as the democratically elected Prime Minister of this country, I hereby call on all parties to this process to place the interests of our nation above all else. And, again, it is my hope that the courts will be mindful of, and sensitive, to the fact that an entire nation – and not private entities - has been respectfully awaiting its ruling.

In the interim, the work of my Government goes on; our responsibilities to the people are being met - and will continue to be met; and the growth and stability of our beloved country remains my Government’s most sacred priority.

May God continue to bless and guide us throughout this period, and for as long as we shall live.

Thank you.