ENTRENCHED DISCRIMINATION

The Judicial Committee is known to make its comments after due deliberation. What was surprising is the extent of manipulation and subterfuge in which the Government and its agencies were involved in denying the Mahasabha — sponsored broadcasting company a radio licence when such licences were granted to all and sundry. It must be the working of a particular mindset in dealing with a minor matter.

What transpired in this case is merely one instance of the institutionalised discrimination practised by the PNM administration over its long tenure in office while proclaiming, rather ironically, that “it remains committed to the rule of law, transparency and fairness in all its affairs.” The attempted spin belatedly put on the issue by the Ministry of Public Administration and Information that the PNM Government never denied the application is rather disingenuous. The statement claimed that the previous administration of the UNC failed to act on the application. It should, however, be noted that the recommendation of the Director of Telecommunications was made in December 2000 which was an election period. Thereafter responsibility for the telecommunications portfolio changed hands several times and during the greater part of 2001, the UNC Government was distracted by internal instability.

Between December 2001 and December 2002 when the PNM was installed in office, it unapologetically proclaimed that “it did not know what happened to radio licence applications “and, later, that it was discovered that the Mahasabha radio licence application was incomplete and a letter was allegedly dispatched to the applicant in May 2005 which incidentally was never brought to the Appeal Court’s attention. Readers will make their own judgment.

But the targeting of Hindus and their representative organisations for discriminatory treatment has a long history. One would recall that the Catholic and Anglican churches and even representatives of the Presbyterian Church exercised significant influence over state policy in the colonial era. The Hindu and Muslim presence was not officially recognised until the late 1940s. Then in 1956 the PNM party was formed posturing under a nationalist ideology. In reality it appealed to Afro-Trinidadians on the basis that they had no stake in the country and this inequity had to be redressed, by control of state power. The party, for tactical electoral purposes did incorporate selected representatives of the Presbyterian and Muslim communities.

However, the main opposition to the PNM came from the Hindus who comprised the vast majority of Indo Trinidadians. They supported the People’s Democratic Party whose leader happened to be Mr Bhadase Sagan Maraj who was also President General of the Mahasabha. Thus from early days the Hindu community was identified as the core of the opposition to the PNM. It is therefore not accidental that for thirty years the party could find no suitable Hindu to appoint as a Minister of Government. On the PNM’s accession to office the construction of Hindu schools was also suppressed.

The instances of discrimination based on racial or religious grounds on the part of the PNM administration which have been brought before the Courts are merely the tip of the iceberg. And it will be recalled that most of the judicial decisions have gone against the administration. But taking matters to court is both a costly and time consuming exercise and is an option available only to a tiny minority of those who are aggrieved as victims of discrimination. This is because much government and decision-making is conducted in committees behind closed doors and by the bureaucracy. The reasons for decisions are not publicly disclosed and a great deal of arbitrariness and discriminatory actions could go undetected. What is required is consistent political pressure for a change of policy to facilitate just and fair decisions, effective systems of oversight over executive actions and a more speedy and informal procedure to deal with individual complaints. The Equal Opportunities Commission has now been relegated to oblivion.

Given our size, history, political evolution, tendency to centralisation of power and the lopsided nature of the economy, the state and its agencies play a crucial role in all areas of life here.

The policies and agenda of the political directorate influence the operation and processes of all organs of the state regardless of notions of formal independence and neutrality. Needless to say, the state and its agencies are not abstractions. They are made up of people with their particular propensities, biases and prejudices which, in the best of situations, would influence their judgment in arriving at decisions.

The ambit of state power is enormous in our circumstances and consequently its capacity to discriminate and engage in favouritism, patronage and exclusion. The state is the main recipient of revenues and rents from the dominant energy sector. Other areas of the economy are dependent on the state’s expenditure.

The pattern of such expenditure and the priorities established are critical in determining any development that might take place and in identifying who will be the major beneficiaries. The policies of the administration are also instrumental in influencing the investment practices of the private sector. The bulk of foreign exchange earned by the country flows into the coffers of the government. It is the largest employer of labour in the country. It determines the approvals of state licences and contracts. Its outlays on social infrastructure determine the quality of life of the vast majority of citizens.

One of the most enduring and difficult issues facing this country is how to establish effective checks, balances and oversight over the operations of this levitation called the state. Among them is the check against institutionalised discrimination practised by the State especially against Indo Trinidadians.

One of the preconditions for dealing with the problem is to acknowledge that it exists. The supporters of the status quo, which include the majority of non Indo Trinidadians but some Indo Trinidadians as well, are in a state of denial. For them discrimination and prejudice do not exist in this land of harmony, happiness, unity and the Soca Warriors. It is merely the hobbyhorse of some people with divisive intent and political aspirations. But the decisions of the Courts cannot be brushed aside so easily.