Pioneering dispute resolution in Trinidad and Tobago

In the long run, it was a venture that paid off for the TT Chamber and the business community. Dispute resolution has now gained a firm foothold within the corporate world and is today included in contracts and agreements across a range of business sectors. The Dispute Resolution Centre can proudly fly its flag as the agency that has played a leadership role in having dispute resolution accepted in the mainstream of the commercial sector.

Much of the DRC’s success can be attributed to its forward-thinking Board, led by Chairman Raoul John, who began his association with the Centre in the late 1990s. Raoul stayed the course, setting the tone and driving expansion until his retirement as Chairman in October 2016.

Raoul John and his carefully selected Board of Directors have, over the years, shaped the DRC’s culture and built its core values of trust, integrity and service excellence. And it is this corporate culture and calibre of mediators that have largely contributed to the selection of the DRC as the approved mediation agency for two highly successful court-annexed mediation programmes in 2010 and 2013 respectively.

The court-annexed programmes were executed under rigid quality controls relating to the selection of mediators, execution and evaluation. The result was a 95% customer satisfaction rate and encouraging testimonials from both clients and attorneys.

Registered with the Mediation Board of Trinidad and Tobago as an approved mediation and training agency, the DRC has trained over 10,000 persons in dispute resolution and has mediated and arbitrated hundreds of matters.

The astute leadership of Raoul John also helped to craft an organisation that engages in corporate-social initiatives. It has partnered with organisations such as the Citizens’ Security Programme to train and develop community residents in conflict resolution and mediation so they can work towards violence reduction and peace promotion within their communities. By the end of this year, over 250 such persons would have been trained in CSP partner communities.

With the current downturn in the economy, companies will face challenges in managing expenditure and will look for the best value for money. Regrettably, the Courts are fraught with delays and are a financial drain on organisations and individuals. They offer little certainty, confidentiality or satisfaction. Conflict resolution, particularly mediation, provides a viable, cost-saving option that allows parties to work towards creative, mutually acceptable outcomes, which may be then be translated into binding agreements.

With its cadre of highly trained, professional and experienced facilitators, mediators and arbitrators, the DRC is well poised to provide an outstanding service to business and non-business clients who wish to expedite the settlement of disputes or train their staff in effective dispute resolution.

World Aids Day

Today marks World AIDS Day, a day observed worldwide to increase awareness of HIV/AIDS and the importance of education, prevention and testing. The Joint United Nations Programme on HIV/AIDS (UNAIDS) reports that since the start of the epidemic an estimated 78 million people across the world have become infected with HIV and 35 million people have died of AIDS-related illnesses.

According to the UNAIDS Global AIDS Update 2016, there were an estimated 36.7 million people (including 1.8 million children) living with HIV globally in 2015.

With no cure yet available, HIV/ AIDS is the most destructive global pandemic in history.

Despite the small population size, the Caribbean has the second highest HIV prevalence globally after sub-Saharan Africa. Cuba, the Dominican Republic, Haiti, Jamaica and Trinidad and Tobago are the countries that account for 96% of all people living with HIV in the region according to the UNAIDS 2014 report.

The HIV epidemic is intensified by a wide range of factors.

Thankfully, most Caribbean countries have acknowledged the public health necessity and cost saving benefits of initiating treatment earlier and providing increased access to HIV testing, especially for young people. A few countries in the Caribbean have developed policies allowing minors to access HIV testing without parental consent, either allowing it at any age (such as in Guyana) or above the age of 14 (as in Trinidad and Tobago).

New HIV infections globally were estimated at 2.1 million; a decrease by 6% since 2010.

But HIV continues to be a global public health threat as there are still new cases of HIV infections reported. The UNAIDS 2016 reports that the number of new cases has roughly stayed the same across Latin America and the Caribbean between 2010 and 2015. Worryingly, new HIV infection across Eastern Europe and Central Asia increase by 57% and the Middle East and North Africa, which usually has the least reported cases had a 5% increase across the same period.

Despite the advances in public health across the world in the past few decades, infectious diseases remain a major problem to human capital. Ebola, Chikungunya and Zika are just a few worldwide health epidemics that have made headlines in recent years.

In the case of Ebola, the biggest economic consequences were not the direct effects of death, surging health spending or loss of workers, but rather ‘changes in behaviour – driven by fear – which led to reduced employment, income and demand for goods and services. The World Bank Group issued an economic update showing the Ebola crisis continues to cripple the economies of Guinea, Liberia and Sierra Leone, even as transmission rates show significant signs of slowing. The Bank Group estimates that these three countries lost at least US$2.2 billion in forgone economic growth in 2015 as a result of the epidemic.

Appropriate healthcare systems are vital for fighting against these health threats and finance professionals are crucial to their operations and effectiveness.

As a result of recession, many countries have found it difficult to finance their public expenditure programmes from current tax revenues and have had to resort to high levels of borrowing, which is unsustainable in the longer term. This has led many countries to implement austerity policies involving increases in taxation and lower levels of growth and even reductions in public spending – all affecting healthcare budgets.

Although healthcare systems vary enormously between countries in the way they are configured and financed, most face similar challenges, such as changing demographics. The changing medical, demographic, technological and economic conditions are creating additional demands on healthcare services at a time when the public are seeking further improvements in both the quality of services provided and scope of treatments available.

The World Health Organisation defines a well-functioning health system working in harmony that is built on having trained and motivated health workers, a wellmaintained infrastructure and a reliable supply of medicines and technologies, backed by adequate funding, strong health plans and evidence-based policies. Given the different requirements and structures of different countries it is not surprising that a single ‘one system-fits-all’ approach is not tenable.

World AIDS Day is very important because it reminds individuals as well as the government that HIV has not gone away. There’s vital need to raise money, increase awareness, fight prejudice and improve education regarding it. At the same time, new opportunities to predict, prevent, detect and treat diseases are emerging from a better understanding of the social determinants of health and from trends including new technologies in real-time diagnosis, data analysis (including in the field of genomics), biomedical research, the internet and mobile data and communications, often developed outside the traditional health sector. More innovative ideas, partnerships, and ways of working and financing will be critical for containing the dynamic threat of outbreaks in the 21st century.

The new normal

The slowly disappearing significance of tact and diplomacy within both the local and global landscape is giving way to a ‘new normal’ of ‘political incorrectness’ under the guise of honesty. This certainly has been and continues to be the case in the many colourful displays we have seen both locally and globally of language and action under the umbrella of political campaigning. Does diplomacy and tact take a spontaneous backseat during such times? Is this the new normal in tact and diplomacy? The many global examples are playing before our very eyes, the statements by Global leaders, the intergenerational vacuum, the emphasis on being brutally honest and sensationalism of saying it as you see it, and the simplifying of the norms of what is and should be acceptable standards of language and behaviour. One simply has to look at the recent passing of Cuba’s former Prime Minister, Fidel Castro, in some global quarters there was joy and celebration, whilst in others there was great sorrow and grief.

The divergence of tact can be seen in the responses to his death by the leadership of the United States, with president-elect, Donald Trump stating: “Today, the world marks the passing of a brutal dictator who oppressed his own people for nearly six decades.” The statement went on to add, “Fidel Castro’s legacy is one of firing squads, theft, unimaginable suffering, poverty and the denial of fundamental human rights.” Current President Obama, meanwhile, stated: “At this time of Fidel Castro’s passing, we extend a hand of friendship to the Cuban people.

History will record and judge the enormous impact of this singular figure on the people and world around him.” One of these statements identifies the current trajectory of diplomacy; whilst the other demonstrates what classic diplomacy looks like. Daunting? In Trinidad and Tobago, we have, noted over the years the consistent decay of political banter being passed as ‘platform talk.’ However, many times we tend to forget that such ‘platform banter,’ comes with a fair share of post banter impact. What of the thought and consideration of and for the families, friends, and supporters of the proposed political target? What of the fact that the postplatform banter lives on forever in the archives of our news vestiges? While I do agree that much of the platform banter adds a sense of humour and ‘spice’ to the campaigning process, we can only trust our inbred sensibilities to remember that not only are we appealing to the proposed electorate, but we are also appealing to those younger persons who may be listening and looking on, with aspirations of their own, seeking such figures to emulate and pattern themselves after.

When all is said and done, and the political dust is cleared, a simple question need be asked: do I wish the nation’s children to speak as I spoke?

The country that stood up

To be fair, Castro transformed Cuban society, lifting the basic quality of life for the country’s citizens, especially healthcare and life expectancy at birth, and educational attainment and literacy. Official data reveals that Cuba is now spending about 11 per cent on healthcare and 13 per cent of its GDP on education. Healthcare reform was adopted very early in Castro’s reign.

When he came to power, Cuba was reported to have one rural hospital with recorded infant mortality in the countryside about 100 per 1,000 live births. He went on to build a national health system that significantly improved the quality of preventive and primary care, its workforce, its ability to tackle diseases, and more recently, its biomedical research infrastructure and pharmaceutical exports that have won the country plaudits from international agencies.

Out of 185 countries Cuba is ranked about 36th with a life expectancy of about 79.4 years, which is not significantly lower than Hong Kong that is at the top of table with 84 years.

In a 2014 the World Bank reported on teaching and education in Latin America and the Caribbean, Cuba was a standout. Cuba’s literacy rate is close to 100 per cent, putting it right at the top of the world league with the developed economies. Primary education enrollment and attendance rates are at 100 per cent.

What about wealth and resource creation? Cuba is basically a less developed country with developed market problems that affect its trade, structure and demographics. It remains relatively poor with income per head at about $6,000.

Fidel proved a small country could stand up to its big neighbour and make a difference in spreading an ideology that offered hope to the poor. But we can also admit that his imagination was matched by his infamous ruthlessness. Just as one may argue that he improved life for the poor and illiterate, others can say that he ruined the lives of many other Cubans. Fidel’s major challenge appears to be his failure to develop a national economy, with a level of prosperity to income for financing his plans. Instead he learned to use other countries’ money to fund his revolution: first the Soviet Union, and much later Venezuela.

He misunderstood, or ignored for political reasons the sequence of events that capitalism was needed as a forerunner to generate the wealth to allow communism to distribute, using egalitarian principles.

We must put the US embargo against Cuba as syllogistic to the strategy used against Haiti and Toussaint L’Ouverture. It is ironic that Castro, when he came to power, first approached the US assuming they would have loved to see the back of Batista. It is when in his view the US government appeared unwilling to engage him at all that he turned to the Soviet Union. History reflects the tremendous financial support they provided to the Cuban Government which proved a major support.

The lesson we can gain from the legacy of Fidel is that if our leaders truly must win our trust and confidence in advocating a way forward, people once sold on an idea will, with patriotic fervor, secure the future of the country. Perhaps looking for opportunity and seizing initiative must also be learnt.

Huawei launches new P9 in exciting deal with bmobile

Prepaid customers who purchase the P9 phones, renowned for their revolutionary camera technology, will also enjoy greatly discounted prices. In addition, every week, a lucky bmobile customer who purchases the Huawei P9 will win a pair of Adidas football boots and purchasers of the Huawei P9 Lite can win a football jersey signed by soccer player Lionel Messi. All customers qualify to win the grand prize of a trip for two to Camp Nou in Barcelona, Spain, inclusive of airfare, accommodation and tickets to a game with Barcelona and Messi playing. The promotion will run until December 31, 2016.

Chevon Wilson, Telecommunications Services of Trinidad and Tobago’s (TSTT’s) Vice President of Mobile Services spoke at the media launch of the exciting promotion held at Huawei Technologies Trinidad and Tobago Ltd, Queen’s Park West, Port-of-Spain on November 17.

“TSTT is extremely pleased to partner with Huawei in changing the way our customers see the world. As the only national telecoms carrier, TSTT’s goal and mandate since 1960 have been to ensure the people of Trinidad and Tobago have access to the latest and the best technology available.” he said.

The Huawei P9, developed in collaboration with world-leading German camera company, Leica, sets a new benchmark in smartphone camera technology with a stunning dual-lens camera. The amount of light captured by the dual-lens camera is 100% more than the Galaxy S7 and 270% more than the iPhone 6Plus, and provides better clarity with pictures in brilliant colour and striking black and white images in true Leica style. With its 5.2 inch full HD display, cool fashion design, slim body and advanced camera, the P9 provides the best user experience for persons desirous of an attractive, high-end smartphone that produces vivid, professional level pictures.

To showcase the ground-breaking new capabilities of the smartphone, attendees were shown a collection of spectacular photos taken using the Huawei P9 by worldrenowned photographers from National Geographic, Conde Nast Traveler, the extreme sports community and others, as well as local professional photographer Mark Lyndersay.

The other remarkable features of the Huawei P9 include a virtual triple antenna for best reception, an advanced fingerprint sensor for enhanced phone security and superior Wi-Fi connectivity.

Wilson noted, “TSTT has embarked on a transformation from a traditional 20th century legacy telecommunications company into a 21st century agile broadband telecommunications organization. To achieve this objective, we have been investing in a significant transformation of our IP core, wired and wireless infrastructure.

Within the next two years, customers will see services provided on a new, rapidly scalable IP network that seamlessly integrates support for wired and wireless services.” He continued, “The interconnected nature of our network for resilience, will dramatically improve service reliability and minimize interruptions. Our customers will enjoy a mobile network with coverage and data speeds that fully support their business, personal, or residential needs, including the ‘Internet of Things’ integration for smart homes and connected living.” Referring to the partnership with Huawei, Wilson stated, “Huawei has worked closely with TSTT in providing connectivity to our customers via switch nodes on our Multi-Protocol Labelled Security Network. Our popular MiFi device is also supplied by Huawei. Our partnership with Huawei has developed on various fronts, is strong, and ongoing.” Jason Deng, General Manager of Huawei Technologies Trinidad and Tobago Ltd remarked that it was another exciting time for Huawei in Trinidad and Tobago and added, “Here I must give thanks to TSTT, our long-term strategic partner.

When we first entered the local market 10 years ago, through the bmobile brand, we continuously brought the best devices and newest technologies, like 3G, 4G and LTE to Trinidad and Tobago. We will continuously work as a local citizen to provide the best product and service here in Trinidad and Tobago in the future. This is our commitment here to the people of Trinidad and Tobago, as a leading global Telecom and technology supplier.” Huawei was ranked the 3rd most popular brand in the world in 2015 and has sold over 9 million P9 and P9 Lite devices worldwide since its April 2016 launch in London. Huawei launched its smartphones in Trinidad and Tobago for the first time in 2015, including the P7, which won the ESA Award for Best Product 2014-2015 in the “Consumer Smartphone” category.

Creating independent State institutions

One of the concerns that has arisen over the last decade is the ability of the public service to perform the role of an independent institution that is not influenced by political figures.

Increasingly, our institutions have had questions asked about their independence or at least their simple ability to appear so. The Central Statistical Office and their myriad problems, including proper funding to get appropriate “housing” to deliver timely and accurate data, is a case in point. If economic information is not believable or accepted by stakeholders, then the society has a problem.

Recently we have had several stakeholders publicly stating their lack of belief in the data published on unemployment and the rate of increase, or acceptance of the report on Household Budget Survey and the findings of poverty and inequality.

In democratic societies, such situations can be solved by a review of the procedures of the institution, the methodology used, and a consistency check of the data collected. In our case, and in a number of other countries, institutions that owe their good fortune to the magnanimity of politicians in power have now been viewed as not the optimal position. Several countries including the United Kingdom (UK) have adopted a very new approach to the provision of very critical but potentially contentious information sets.

The Office for Budget Responsibility (OBR) is such an advisory, non-departmental, public body that was established by the UK government to provide independent economic forecasts and ‘independent’ analysis of the public finances as background to the preparation of the UK budget.

It was officially set up in May 2010 following the then general election and was positioned on a statutory base by the Budget Responsibility and National Audit Act 2011. The main duties of the OBR are forecasts of the economy and public finances, evaluation of the Government’s performance against its fiscal target, sustainability and balance sheet analysis, evaluation of fiscal risks, scrutinising tax and welfare policy costing. There is an additional role of the office which is to advise if the stated policy of the Government is expected to meet its targets.

The idea of an independent institution has caught on in several countries. The OBR is one of a growing number of independent fiscal institutions (IFIs) that were set up around the world to deliver nonpartisan analysis of public finances and fiscal policies.

The International Monetary Fund (IMF) estimates that there were 39 national IFIs (or ‘fiscal councils’) in 36 countries in 2014. The number of IFIs increased significantly after the global financial crisis, and then again more recently when the membercountries of the Eurozone were required to have such bodies.

In 2014 the OECD recommended a set of principles for independent fiscal institutions covering local ownership, independence, mandate, resources, relationship with the legislature, access to information, transparency, communications and external evaluation.

We need to note that the size, role, and structure of individual IFIs can differ significantly from country to country. A review of the establishment of these IFIs reveals that their size, role and structure are dependent on whether the institution is linked more closely to the legislature or to the executive; whether it undertakes its own forecasts or merely comments on those of the government; whether it formally assesses fiscal rules; whether it provides policy advice; and whether it costs individual policy measures, and, if so, government measures only or the proposals of other legislators or political parties? Critically for us is to be seized with the idea and conceptualise the significant impact on governance, ethical behaviour (potential to reduce of corruption in the public space) and most importantly the possibility of getting data and economic forecasts and ‘independent’ analysis of the public finances from a source in which stakeholders have confidence.

How would we respond to an “independent” body providing, not only its independent forecast, but based on that forecast, recommend how much policy needs to be tightened or loosened to have a decent chance of meeting that goal? Here we imagine stakeholders would have a mechanism to engage the independent body privately if there are queries, and, in so doing, avoiding the spectacle of voicing loss of confidence. This certainly would add to confidence if such formal procedures accompany the establishment of an institution.

There will be nay-sayers who will state that this will not work in Trinidad and Tobago, that we like everything just so. Perhaps the real challenge is to find it within ourselves to raise to achieve more than we think we are capable.

We must strive to unleash the creativity with steely determination to create new avenues that will enhance governance and boost the confidence of our people in our institutions.

Starbucks opens in Chaguanas

This marks their third store opening of the American coffee company in Trinidad and Tobago for the year and the Starbucks continues to highlight local talent to the public at each opening. Among the artists and performers who performed or made presentations during the opening day are Sharda Patasar, Voces Jovenes, the Nritta Dance Company and tassa drummers

Elias Vex Public’s right to know trumps all else

The contractor made the connection between the public interest and procurement at the JCC’s seminar on Housing, Building and Construction and Land Use in a Challenging Economy last Wednesday.

He was speaking in a moderated discussion on Information Disclosure in the Public Interest and told the audience, which included the Prime Minister, that this is one of the issues that vexed him in a country where there was so much to be ‘vex’ about.

Elias said State property did not belong to the State but was held in trust for the people of Trinidad and Tobago.

He said this was clearly hinted at in the title of the procurement legislation.

“It was titled an act to provide for public procurement and for the relation and disposal of public property. This, in accordance with the principles of good governance, namely, accountability, transparency and value for money.

That was the act passed by the last government.” He added that the Rowley government further amended the legislation to strengthen it, changing the title to the Public Procurement and Disposal of Public Property Act.

Elias said the legislation and subsequent amendments were the result of work the JCC did and he traced its intervention through the Panday, Manning and Persad-Bissessar administrations Drawing reference to the JCC’s case against former senator and minister, Dr Bhoe Tewarie, the NH chairman said the JCC was “shocked” by the minister’s alleged attempt to dispose of state property at Invaders Bay while circumventing the tendering procedure and a further attempt to hide the legal advice on which this action was based.

Elias said it was too difficult for citizens to get vital information concerning themselves, specifically targeting the Freedom of Information Act.

“The problems with the FOIA is when we the citizens want information and the government says no, that’s millions of dollars in legal costs to get them to give you the information that the Act says you are supposed to have.” He also spoke about the apparent victimization of those who attempted to speak up about Dr Tewarie’s actions, citing the case of the current JCC president, Dr James Armstrong.

“When President Carmona came into office, he unprecedentedly removed Dr Armstrong as an independent senator in the middle of the Parliamentary term.

Maybe one day he will tell us why. And instead of delivering his decision as a “judgement”, he will stand up and take questions as to why he removed Dr Armstrong. Was it connected to his persistent questions about Invaders’ Bay?” asked Elias.

Reading excerpts from the judgement in favour of the JCC made by Justice Jamadar at the Court of Appeal, Elias said far from being busybodies concerned citizens and groups like the JCC who had a “bona fide interest in public affairs had a constitutional warrant to get involved”.

“That is what the JCC did.” said Elias, “We fought against the power of the State to take our money and fight against disclosure.” According to him, the Jamadar judgement determined that attorney client privilege in this case is “trumped” by both constitutional values and the public interest.

But the contractor said the fight continues, even though the JCC has prevailed at the High and Appeal Courts Elias said lawyers for the former PP government are intent on pursuing the matter at the Privy Council.

Elias called on Attorney General Faris Al Rawi to consider the Jamadar judgement, before spending millions of tax payers? dollars fighting a case that is against the public’s right to know.

In 2013, the JCC requested a judicial review of Dr Tewarie’s decision to issue Request For Proposals for development of Invaders’ Bay. The JCC contended the RFP went against the Central Tenders Act. However, Dr Tewarie defended his actions saying he received legal advice that and maintained that releasing his legal counsel’s opinion went against attorney client privilege.

Hart: Contractors need more than talk to stimulate economy

Hart, who has been in the construction sector for over five decades, said almost nothing has changed in what successive government say regarding the contractors? place in TT’s economy.

“I expect to hear of the important role that construction will play in economic reconstruction. This is something I listened to at the Mobilisation of Domestic Financial Resources hosted by then Prime Minister Eric Williams in 1976. I expect to hear that the construction sector is a medium for job creation, something that I listened to at the Lloyd Best Tapia seminar on the nation’s future in 1977,” he told gathered stakeholders.

Hart said the expectation is usually that the construction should be able to rise to the challenge of stimulating the economy in difficult times by attracting investment and creating jobs.

He argued though that government’s inconsistent action has undermined this achievement.

“We have not been able to help the government in the way required because over the years, successive governments have emasculated the construction sector. Today, it is a shell of what it could and should be,” said Hart.

The TTEITI chair said this started in the 1970’s when government stopped doing five year plans, preventing the industry from being able to proceed with preparations for projects it might receive.

“Government continued to emasculate the sector,” said Hart, “when in his 1979 budget speech, Dr.

Eric Williams, instead of encouraging the growth of the local designer and construction companies to meet the demands of TT post OPEC energy windfall, announced the introduction of the government to government arrangements that sidelined local firms.” Hart also went on to say that since the 70s, there have been an assortment of foreign firms favoured over locals.

Meanwhile, the contractor said government allowed the sector to be under regulated, with foreigners being able to operate in T&T without registering with local associations, work without posting bonds to see that locals are paid when they leave the country and without transferring technology.

Foreigners were also paid before locals, which Hart said resulted in a contraction of the number of firms in the industry and sometimes, layoffs and bankruptcies.

The TTEITI head said the sector was eager to play its part but needed government to extend a hand toward it.

“For us to deliver, government has to enter into immediate dialogue with us and listen to our pleas and help us to organise the sector in a more efficient manner.” “Then,” said Hart, “the sector would be able to fill its potential and become more productive. The government can bring on their projects and be assured that the local contractor can deliver on time and on budget.”

Procurement ministry vital

It is no secret that in every ministry money is being siphoned because there is no strategic public sector procurement policy which would transparently manage the procurement of goods, works and services.

Hundreds of millions of dollars have been spent with no value for money and no real procurement professionals to negotiate so that costs can be reduced and value and savings achieved. It seems that from election to election, procurement fraud is the talking point, which parties use as their trump card to discredit each other.

Having said that, one would think a ministry of procurement should be set up to deal with procurement of all government goods, works and services. The Central Tenders Board should then be an arm of that ministry and instead of having every ministry dealing with its own purchasing, the ministry of procurement can negotiate greater economy of scale because it can reduce the cost of the acquisition of goods.

If the Government is serious about saving money and increasing its competitiveness on a global scale, if it is really adamant about its ability to divest the economy, treating with procurement as a matter of urgency is necessary.

We certainly cannot lose any more money in Petrotrin, in the HDC, in works and transport, in Nipdec, in Udecott, in national security and in all the other areas where money is spent without proper procurement professionals and procedures.

We cannot have 27 models of buses at PTS C, which a ranking official has dubbed a “logistical and inventory nightmare,” and over $4 million paid for roti, and awarding contracts to a vendor who had the highest bid without justification.

We really have to do better fast, because we are sinking quickly.

We need all hands on board.

PAUL DUNCAN via email