Tag: civil society

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Seize the moment

This article first appeared on The Shift News on 10.12.2019.

Sunday afternoon turned out to be quite surreal. As the sun began to set on The Eternal City, I stood at the top of the Spanish steps looking down on a huge crowd of people gathered to follow the Pope’s Immacolata procession.

At that precise moment, some 650km away (as the ravenflies) another crowd was beginning to assemble. Unlike the papal crowd, the crowd at Castille Square was calling for justice and accountability. They wanted the man who obstinately clings to the seat of power to let go immediately.

Only the previous day, that man had brazenly been to visit the Pope. Undoubtedly, this was part of his ‘business as usual’ charade: the same charade that would continue on Sunday with his ‘farewell tour’ surrounded by those after his sullied throne.

Since the precipitation of events (to put it mildly) drew Castille’s occupants into circle upon circle of Dantesque damnation, the government’s effort to ‘minimise the fuss’ has multiplied. There has yet to be responsibility assumed for the mess.

Sure, we have seen resignations. They are not the kind of submission to authority that you would expect, though. Rather, those resigning are fêted as heroes. Chiefs of Staff “move on“, Ministers reaffirm their dedication to the cause and the project — and we must be the only country where a Prime Minister mired in corruption and abuse of power is on the road to beatification.

The way the government and backbenchers have rallied behind Muscat can only be described as the thickness of thieves. Each day of denial rendered every one of them complicit in the institutional abuse and cover-up.

Yet, the growing wave of discontent is now clear for all to see. Beyond the Potemkin village meetings that Muscat and friends can orchestrate among the flag-waving diehards lies a brave new world that is gathering momentum and courage. It is a disparate agglomeration of individuals still in search of a leading voice.

Theirs has been an uphill struggle. First came the ‘early adopters’ who, from the start, realised that something was rotten in the state of Denmark.

Then came the angry crowd who had understood that this was not a government for the people by the people, and they had a reason to complain that it was not right.

Last came the doubting Thomas’ who could only be swayed with the ever so deceptive ‘proof’. For the first time in the history of this young nation, a political movement of strange bedfellows was born out of the realisation that the Old Republic was no longer a servant of the people.

Yes, as part of the learning curve in civil action, at every step we had to stress that this was not a political movement (political with a small p as in ‘partisan’). Yes, we had to overcome the mutual diffidence and suspicions of underlying agendas. The remarkable nature of the moment lies in the fact that the overwhelming consensus within the movement of change is that change must come without the political (with a small p) parties. It must happen despite them.

We are a few steps away from understanding that this could be a defining moment constitutionally for our republic. At this stage, the eyes of people from different ideological backgrounds are open. They understand (for different reasons) that our Constitution, and hence our State, is paralysed by conflicting interests.

For some, it is ‘the businessmen’. For others, it is the parties that abuse their power. For others still, it is the lack of certainty. The next step is for all the forces contributing to this wave of anger at the establishment that has let us down to accept that it is the whole system that needs a reboot – beyond the different ideologies.

Prepare the ground for a constitutional reform within which the different ideologies and projects for the country’s future may find fertile ground to debate and grow. A project that returns politics to the normal, boring politics — but one with a capital ‘P’.

Those who expect this change to come from within one of our stagnant parties have still not read the writing on the wall. They will try to operate within the same constitutional constraints that the parties have abused since the birth of the republic.

The latest surveys show that the Labour Party still leads the PN at the polls, but it has not gained in popularity. Rather, it seems to be losing support. The PN has practically not budged in a situation where it should have been benefiting from the anger as the Party in opposition. I do not read these signs negatively. The loss of the two-Party support is our nation’s gain.

The country needs real leaders. Individuals who can guide this movement through this bumpy phase. It must not, and will not, stop at justice for the corrupt. It must also proceed to lay the foundations for the new republic.

Seize the moment.

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Mediawatch

(Personal) Space Invaders

Ferragosto or Santa Marija, as it is known in our parts, is the top summer holiday. The heat feels like it is at its hottest and the feeling of living in the most densely populated islands on earth is exacerbated by the manifestations of mass movement that are the villeggjatura and festi. There has not been much of a political armistice this year, at least not as much as usual, and this has thankfully meant that the momentum gathered towards the beginning of summer by various civil society actions did not peter out with the onset of the hot damning sun.

Space seems to be a common denominator that underlies the main occurrences on the island. It began with trees. The trees were condemned to be removed because the autocentric society that we live in needed more space in which to put our traffic jams. Once the alarm was raised over the latest action of intransigence, then it would be little time before the spaces on our facebook walls would be taken over by example after example of other barbarian assaults on the scant flora that our nation can still boast of. A sense of awareness had been created and the anger was finally harnessed.

Pioneer activists wanted the online indignation to be transferred away from the ether to the physical spaces and the momentum is being continued with a date for the 7thSeptember when the angered will meet again to fill spaces with their bodies. 

Space is what our few beaches have as an important commodity. The news that the government of the expanding middle class (Invictus) has negotiated the return of 10% of certain bays to the people was announced as though this was some kind of triumph for the and by the people. That the remaining 90% should also be the people’s space and is part of the foreshore that should not be subject to commerce seems to have been ignored.

An angry businessman in another part of the island was called pastaz by a Minister’s portaborsefor the simple fact that he had complained of the invasion of an idyllic space by part of the ever-growing army of campervans in Malta. That’s something I never quite understood – campervans in Malta? Why? In any case the chances of the powers that be accepting the fact that the abuse of public spaces to feed the supposed middle-classification of the islands is a no-no are close to zilch.

Old, traditional public places are in danger of being morphed by the government’s frenzied approach to development. Rows of houses in Rabat under threat by the unplanning authority that together with the motor vehicle authority (read transport malta) has declared war on the Maltese landscape. Their invasion of space is beyond the barbaric. The determination to succeed is strengthened by the far from meritocratic filling of spaces by the Invictus elected. No stone will be left unturned. Every day brings a new item of news announcing the perversion of Maltese space for the satisfaction of the middle-class laureates.

Access to property is tougher and tougher – making that personal space all the harder to come by. Meanwhile the annual exodus to the ‘sister island’ will surely mean more complaints of lack of space, lack of place, lack of air. The air they breathe incidentally is ever so unhealthy much to the chagrin of the asthmatic community – never enough space in the lungs to take in the much-needed oxygen.

The open seas around the island are also full of ‘invaders’ of another kind. Bodies upon bodies will be bartered by governments and NGOs for the sake of understanding which space they are entitled to scrape a living upon. 

At PN HQ they have already started planning ahead about which space to fill for the traditional Independence Day celebrations. The Fososmight seem dauntingly like too large an expanse for the second largest party in Malta so they will try to make do with the space in front of the HQ in Pieta’. Much space for irony there. 

No irony was lost when newly anointed Minister for Pinkwashing paraded a made-up Malta-LGBTQ flag with the rainbow colours replacing the Red part of the Maltese flag. Yet another exercise of facile endearment risked turning sour as the nationalists (not the PN ones) felt angered and offended by what they considered to be a desecration of a national symbol. 

Old men and ministerial lackeys also seem to be offended on a daily basis by the continuing manifestation of solidarity with the cause of Daphne Caruana Galizia. The calls for justice are manifested in a small space opposite the law courts and they are also removed on a daily basis by those who cannot seem to be able to survive the fact of being reminded daily that justice has not been served.

There’s a general feeling of suffocation. It’s claustrophobic. Something has got to give. Watch this space.

Categories
Citizenship Constitutional Development

Civil Society and its critics

A long read. This post takes a look at the actors and interests in the current debate on the rule of law in Malta. 

This afternoon the European Parliament will discuss a resolution on the Rule of Law in Malta. Point 5 of the Draft Resolution reads that “[The European Parliament] Regrets that developments in Malta in recent years have led serious concerns about the rule of law, democracy and fundamental rights including freedom of the media and independence of the police and judiciary”.  Point F of the preamble in the same draft resolution notes that “whereas this assassination led to street demonstrations and civil society protests in Malta calling for justice, accountability and respect for the rule of law”.

Our second parliament (because that is what the EP is, OUR parliament not a foreign institution) is about to discuss the state of the Maltese nation with particular attention to the legal framework that holds it together. Today’s discussion is an important milestone in our nations’ constitutional development and Civil society has been instrumental to get this discussion high on the agenda at both a Maltese and European level.

In May last year the group calling itself “Advocates for the Rule of Law” took out their first full page advert on the Sunday Times. The ad read ” Situations Vacant : Police Commissioner,  Chairman FIAU, Attorney General – needed for the proper functioning of a democratic society #ruleoflaw_MT, #maltaconstitution, #bringitback”.

I will be in Strasbourg for the commemoration of the Daphne Caruana Galizia Press Hall this evening and will also follow the debate. It’s a two hour drive from Luxembourg and it is only right to be there for this moment.  It is because I live in Luxembourg that I rely on feedback from Malta for news “on the ground”. What are the streets saying while one of our highest institutions discusses a motion that practically describes a nation in constitutional crisis? The feedback I am getting is that the effort to “return to normal’ seems to be winning. Four weeks after the assassination that supposedly shook Malta to its foundations we risk seeing Italy’s elimination from the World Cup snatching the frivolous “news cycle” baton once and for all.

So what exactly is happening? How can we have a nation that (at least in appearance) is hell bent on returning to the “u ijja mhux xorta?” normal while at the same time an important part of its institutional set up is ringing alarm bells? To understand this we have to look at the actors in this drama. What part has Civil Society played in this development – and who, above all, are its critics and detractors?

Dramatis Personae

1. The European “Partners”

The dynamic of the European institutions is such that national and supra-national interests meet in a huge chamber where ideas are bounced around. A resolution by the European parliament is not binding in the strict sense of the term for example, however one would be a fool to dismiss it as “international diplomatic spiel” that is void of substance. In the first place the EP acts within clearly defined legal parameters and on the basis of principles that are universally accepted at a European level. That is why today’s resolution begins with the consideration that the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. In other words, action by the EP is grounded in principle and in law.

The major pitfall at an EU level is that the parliament resolution may be used to further competing national interests. In this particular case we may note that members from certain EU countries might use this moment of weakness in order to attack areas such as Fiscal policy and Gaming. It’s a cheap trick – one that aims to obtain what their respective countries failed to obtain during legitimate negotiations that led to Europe-wide legislation. In layman’s terms, the members of the EP who will be using this debate to put the blame on a competitive Fiscal or Gaming Policy will be deliberately obfuscating the actual matter at hand – something that was already seen in the PANA committee debates earlier on. In doing so they will provide much needed fodder to the defending government who will obviously claim that this is an assault on the country and its well-being (more about that later).

The rest of the EP – those not intent on winning brownie points for their own country’s gain – will be acting with the interest of the Union in mind. The interest that has already seen similar concerns for countries such as Poland and Hungary will now focus on Malta. It is in the interest of the citizens of Malta first and foremost, but also in the interest of the Union as a whole for the Union is only as good and great as its weakest link.

2. The Establishment in Power

By far the biggest actor with much to lose in this debate is the current custodian of government. The massive media machine has long been set in motion with a huge effort in counter-information that is supposed to negate the crisis and convince the people that all is back to normal. It is working. Only yesterday, the head of the establishment in power promised more wealth and more rights for the future. The greatest interest of power is its preservation and the key to preservation of such power is convincing the people that all is well and that the future is bright.

Millions of euros are being spent on this kind of propaganda. Every effort by civil society to call out the emperor’s nudity is countered by an army of official and unofficial counter-information. Last Sunday one of the comment articles in the Times was entitled “They doth protest too much” – it was a suavely written piece at the service of the current status quo. It was also a clear example of the direct attack on civil society based on the age old cliche’ of “divide and rule”. Doubts are sown, motivations are questioned and before you know it you are thinking: Maybe they do protest too much.

This evening government will amass its forces in order to propagate its counter-information against the “intrusion of the foreigner” – which is an old socialist trick that finds a ready acceptance among a voting populace with an insular mentality. The bottom line for today’s official Newspeak Newsletter will be: This is a traitor’s conspiracy to rally the foreigner against Malta. It will probably work.

3. The Government’s Courtesans

In the times of Le Roi Soleil being part of the King’s court meant everything. Unless you were in favour with the king your titles and nobility did not mean much. Over the years this government has built its own team of courtesans – lobby groups, interest groups, appointees, employees and other dependents – who owe the same government a regular show of fealty. Whenever trumpets need to be blown they are there: at the beck and call to do the governments’ bidding. The assault on the calls for change was boosted by the rallying of the courtesans.

Constitutional reform was brushed away as a ridiculous idea, calls for immediate change such as the resignation of a police commissioner and attorney general were once again given the “motive” treatment. Divide and rule. Assign dubious motivation. Then go for the jugular: civil society is asking for mob rule. The two-thirds majority is an absurd suggestion. Miss the wood for the trees. Nitpick their arguments into submission.

The courtesans are an important part of Muscat’s Gattopardian puzzle of maintaining the status quo. They are intent on getting a share of the illusion of wealth that is being created. As plans of neutering our center of thought unfold with a new law giving control of University to government, as our students celebrate the victory of partisanship over thinking, as our Chief Justice becomes a lone voice in an institutional desert, Muscat’s grip over the courtesans means that he can strangle a good part of civil society into submission. Without that part the dissenting voices of civil society become squeaks and squeals that cannot be heard above the Newspeak noise.

4. The Converted

Civil society in Malta had long lost a huge part of its number. The discerning, questioning, part of civil society – the one that legitimately and constantly demands and asks questions of its representatives and of the custodians of its sovereign institutions – has always been a very tiny minority. The rest of what used to be civil society have been groomed into partisan submission. The general narrative – that the nation is passing through one of its most prosperous and wealthy times ever – suits the large part of the converted perfectly. It includes of course those who have voted for and will continue to vote this government based on the promises of prosperity at all odds. It now includes a large part of those who could not bring themselves to vote this government but were also fascinated by the easily obtained prosperity – and could not bring themselves to question whether this was based on healthy foundations.

The converted have no colour. For a long time we wrongly assumed them to be two huge chunks of red or blue. There was a unifying factor of ego-litics – the politics of the self – that they held in common. The common good, the common wealth is not theirs to worry about. Their party, and through their party their aspirations for the self, is what counts most.

5. The Foot-soldiers of Old

The current constitutional crisis saw civil society (or what is left of it) attempt to reform and rally around the call for change. A weak link in this rallying call was the presence of foot-soldiers of old. These are failed politicians of the past: those who seeing the opportunity to revive a dying political career would jump on the bandwagon in one last Hail Mary attempt. There is nothing wrong in a second start mind you, however the dedication to the cause must be clear and the determination to stand by it at all costs must also be clear. If at every opportunity, the cause is hijacked in an attempt to whitewash faults of the past then the damage to civil society is clear.

Malta’s tribalistic politics is the kind of environment where a civil society that can easily be associated with the aims of one or another of our partisan elements is in danger – particularly in these times of heavy counter-information. This is not an appeal for purity, this is not a call for those who are without sin. This is a call for clear commitment.

6. The Cynics and the disparate movements

The biggest weapon available for rendering the civil society cause redundant is the descent into paranoid accusations between exponents and those who have genuine concerns regarding the finality of the cause. The critics and the cynics have their genuine concerns. The defence put up against such concerns does sometimes border on paranoia. What happens generally though is that the whole point of the need for a clear rallying point is missed.

The biggest fault to date of the current movement for change is its disparate nature. Civil Society Network remains an abstract label without a clear definition. Other efforts are working in their little corner built upon spontaneous action triggered by anger and helplessness. That much has been achieved until now is practically a miracle.

The real civil society – what is left once all the establishment, all the converted and all the courtesans and foot-soldiers are removed – still needs to rally clearly behind a definite long-term cause.The groundwork is already there: the rule of law and the return to a democratic society. What is required is a concerted effort bringing together all the elements of the real civil society who are prepared to take the struggle to the long haul.

Civil society has too many obstacles before it and cannot afford to be bogged down by incompetence and division.

The people united can never be defeated.

Categories
Constitutional Development

The Literal Faculty – the rule of law and its critics

 

Dr Kevin Aquilina (signing off as Dean of the Faculty of Law) penned an article in today’s Independent. In this article entitled “Demicoli v. Malta – Part two“, Aquilina decides that by calling for the resignation of both the advocate general and the police commissioner, civil society organisations “have taken it upon themselves to charge, prosecute, give evidence against, convict and punish, through dismissal from office, both the Commissioner of Police and the Attorney General”. Having equated the call for double resignation to the action of a subversive kangaroo court, Kevin Aquilina concludes that civil society is in breach of the rule of law that it claims to want to sustain.

Dr Aquilina misses the wood for the trees. The call by civil society is for the removal of the AG and PC, that much is true. What Dr Aquilina either misunderstands or willingly misinterprets is that due process must and should be followed in both cases. Civil society is asking for nothing more and nothing less than the application of the law to cases where prima facie evidence points glaringly that it should be applied – but isn’t. Dr Aquilina tries to put the ball wrongly in civil society’s court. It is not.

The failure to act on the FIAU report has been cited as the glaring failure on the part of the AG and the PC. It is one of many practical examples that can be presented to the Public Service Commission (in the case of the police commissioner) and to parliament and subsequently to the Commission for the Administration of Justice (in the case of the attorney general).

Far from mob rule, the civil society demands translate into a call for the application of the rule of law. Civil society are pointing out that the failure to fulfil their institutional duties by both the PC and AG requires a remedy – remedies that are available at law and have hitherto not been applied.

Of course both the police commissioner and attorney general deserve a due process as guaranteed by law. Of course they would obtain due process should the law be applied. The problem, Dr Aquilina, is that the law is not being applied. The problem is that certain prerogatives are not being used. The problem is that in doing so the whole system that depends upon the proper application of the rule of law becomes a shambles and a farce.

Seen in that context, accusing civil society of advocating mob rule and not the rule of law makes the accuser part of the problem and not part of a possible solution.

Malta needs less Shylocks and more Ciceros.

Categories
Citizenship Constitutional Development

The New Normal

 

In another guest post, Eleonora Sartori reflects on the messages from yesterday’s demonstration.

The new normal

In Canto III of the Inferno, Dante Alighieri describes the sighs and piercing cries of woe of “the miserable spirits of those who lived neither infamy nor praise”. These are the so-called “ignavi”, from Latin “ignavus”, i.e. someone who is not active nor diligent. They are placed together with “that worthless choir of Angels who did not rebel, nor yet were untrue to God, but sided with themselves.”

Given that the ignavi never dared take a stand for what they truly believed was right, but merely passively supported the strongest, they are subject to the poetic punishment of “no hope of death”. In fact they are condemned to an “unseeing life” where both Mercy and Justice hold them in contempt.

Their desolate condition is so tremendous that even Virgil, Dante’s teacher, suggests that Dante abandons them to their hopeless faith by saying the famous words: “Let us not talk of them; but look, and pass” (non ragioniam di lor, ma guarda e passa).

I recalled this scene after watching yesterday’s demonstration of the Civil Society Network. Many Maltese citizens (and I’d like to stress that they were citizens) were protesting in the streets, marching with banners or with tape on their mouths as a symbol of attempts to silence free speech. Even though a very big manifestation had already taken place two Sundays ago, at the very heart of Malta’s capital, they decided to march again on the streets, this time in the surroundings of where Mrs Caruana Galizia was brought up.

During the speech written by Jacques and so well delivered by Antonio, Jacques stressed that “Qiegħdin hawn biex inwasslu messaġġ fejn ngħidu li ilkoll kemm aħna nirrifjutaw li dan huwa THE NEW NORMAL. Li nirrifjutaw li dan huwa BUSINESS AS USUAL. » (yes, I am learning Maltese and yes, it is a beautiful language, though I only end up practicing it through politics nowadays ).

Why am I mentioning this particular bit of Jacques’ speech right now?

Because one of the first Maltese expressions that I’ve learnt when I started my second semester of Maltese was “Rajt ma rajtx, smajt ma smajtx”. An expression whose meaning I think only a Mediterranean mind fully grasps: the idea of pretending not to have seen nor heard for the sake of staying out of trouble. The idea of ignavia. The idea of omertà.

Those citizens protesting yesterday where calling for justice, but most important of all, were asking their countrymen and women to play a more active role in what’s happening in the country right now. Pia Zammit called for people to be engaged in what needs to be done right now to restore the Rule of law in Malta and honor Daphne’s memory by calling for more justice and transparence at all levels of the Maltese society.

And how can you start this tremendous job?

I think surely by not letting anyone around you forget or undermine what’s happening in your country. Daphne’s murder – because we’re not talking about someone’s death, we’re talking about someone’s murder – marked a turning point that cannot and has not to be forgotten.

However, there are those who are trying to make you go back to the passive status of the “ignavi” by calling this situation “merely exceptional”. They want to you to feel that after all business can and actually HAS to go back to usual, because there are other priorities on the agenda and it’s better that people forget this ridiculous quest for the Rule of Law.

And how do they achieve that?

First, they attack you. They call you whores, traitors and assassins if you decide to give up precious days of your life and devote them to protesting outside the PM’s office in Castille. They degrade you by stressing that you are nothing but mere random people whose place is not in the streets, calling for more justice, but back to where they belong – he wrote “Strada Stretta” (he even misspelled it) but even my poor command of Malti allows me to understand that he implied the former prostitutes’ district.

According to this logic, you people are tamed creatures who are useful because you possess the right to vote. Once the ballot is cast, forget about accountability and the sovereignty of the people. It’s them who take the lead. And by undermining your actions and the potential of these actions they make sure that you fully understand where you belong.

Secondly, instead of directly attacking you, they try to defend themselves and make you go back to your place by using a more subtle language. A language – in this instance it was used by your PM during last week- that can both threaten those who want to stand up and exercise their freedom of speech (“All those trying to make political mileage out of the murder of Daphne Caruana Galizia would see it blow up in their face”) and bluntly state what the country’s priorities are: business as usual, i.e.“The murder of blogger Daphne Caruana Galizia triggered off a difficult moment for Malta, but it should not be allowed to derail the country’s long-term plans.”

Let’s read it again: “IT SHOULD NOT BE ALLOWED TO DERAIL THE COUNTRY’S LONG-TERM PLANS.”

When I read this last sentence I was petrified. Seriously, is he saying out loud that it is the murder’s fault if you, the sovereign people, are now marching in the streets and that, by doing so, you are derailing the country from its never-ending Aqwa Zmien?

It’s because of these attitudes and the use of such a language that you all need to keep up the good work that has already been done over the past two weeks and go back to monitoring what is done by those who have the obligation to represent you.

Jiena smajt u rajt, u intom?

Categories
Constitutional Development

The part I don’t take

The list of speakers for tomorrow’s Civil Society Demonstration has been published and readers by now will have noticed that I am one of them. I have seen comments directed at me both on the Times and Independent articles on the event. According to one commentator I was an obvious choice because I wrote “against the PL” prior to 2013. Another commentator was convinced that my time served as president of the university student’s union was served in the capacity of a PN representative.

To be fair, that was just about it. Not much fodder it seems. Which probably means that I am sufficiently of an unknown factor to pass the grade of most suspicious observers. I could answer both the comments stating firstly that I have written “against the PL” both before and after 2013. My track record is such that my writings took me “against the PN” often too – especially when the PN deserved more scrutiny as the party in government. Luckily I have 12 years of blogging to back my claims.

As for my time in KSU – the allegation is risible to say the least. My time spent both in SDM and in KSU was at the service of students and the student community. I proudly state that together with my colleagues of the time I was responsible for a (albeit temporary) rift between the SDM and the Nationalist Party. The reason is simple – I did not take kindly to being dictated how to do politics for a party’s sake.

This is not an apologia for my past or for my credentials to address tomorrow’s crowd. This is more of a look at why I believe that the kind of activism that is developing in and around the current crisis is perforce a non-partisan one. The wider aims and goals of the civil society that has begun to stir go beyond the immediate demands made by the Civil Society Network. The fundamental aim is constitutional reform. Constitutional reform that is radical and has to be so.

Such Constitutional Reform must be party-free. Understand this. Party-free not party neutral. The thinking outside the box begins at that point. We have had a constitutional system that developed around and at the service of two parties. I have repeated this notion ad nauseam. The reason for the institutional rot is also because there is a limit to how much you can bend and twist the rules to serve two masters. The reason for institutional rot is not to be placed at the foot of one party or another. There is no measure that can blame one party more than the other. The reason must be placed squarely at the feet of both parties. Yes. The PLPN.

So think outside the box we must. The movement must become a constitutional movement. The proposals of what a new Malta should look like will be manifold. Already there are disagreements among proponents as to which system will be better however there is one crucial matter that must be remembered: the discourse has been brought to the forefront of the national agenda.

Before the election I founded the Advocates for the Rule of Law together with some colleagues of mine. Our aim was to highlight the deficit of rule of law that was becoming increasingly obvious. Yes, it became increasingly obvious under Labour’s watch but be careful, the problem was rooted much much earlier. Here is a snippet from a blog post (and from my Independent on Sunday column at the time) in March 2010: what many would call less suspicious times:

“All three branches of the state are currently under heavy attack and the levels of trust that “the people” seem to have in the administrative, executive and the judiciary appear to be alarmingly low. This is not healthy for our democracy – it’s a rot that is setting in. The rot must be exposed, not in a partisan, self-interested kind of way but rather in an objective attempt at rediscovering what we want for the future of our nation.”

I reread my posts over the years since 2005 and to me it sounds like a broken record. Not – as an observer on Daphne’s blog observed tauntingly very recently – the broken clock that is right twice a day. No, this was a constant consistent message. Over the years I and other like-minded individuals explored possibilities for constitutional change. We believed that the change should start from the house of representatives. Transforming it into a truly representative institution would mean proportional representation and having a clear cut separation from the executive. It did not make sense to have a third of parliament sitting in the cabinet.

The discourse of reform needed a crisis to be kicked off. Sadly the crisis took the ugliest form that one would never have wished for – the death of a vociferous journalist. The agenda of reform that had been hinted at mildly during Panamagate and its aftermath was now catapulted to the forefront. The Advocates for the Rule of Law (AFTROL) had managed to put the words on the nations mouth: Rule of Law. The discussion had remained at a technical level and the election had pummelled a people into silence.

The new crisis has brought the discussion back with a vengeance. What needs to be understood is that this is not about asking Joseph Muscat to resign. It is not about advocating or pushing for the usual alternation. It is much deeper than that. The nation desperately needs the reform for its own good. Citizens need to understand that so long as they pin their hopes on the partisan assessment of politics then all hope is lost. The two political parties will always be in survival mode. It is parallel to their need to be in power to make the system work to their advantage. The rules  must stay the same – even if they will pay lip service to constitutional reform.

Now more than ever it is imperative that we are not partisan. The part I don’t take is the part in part-isan. It is imperative that we begin to understand that the Civil Society Movement must establish itself with even higher standards than the temporary ones that are being  asked for right now. Constitutional reform must come from the heart of the nation. From its sovereign. We the people.

I am not partisan. I don’t need to be and cannot be. My duty as a civil activist is to fight for constitutional change that brings about the proper reforms. That brings about the rule of law.

We are servants of the law so that we may be free.