Categories
Campaign 2013

Not Simon Busuttil

Much is being made by the nationalist party and its faithful supporters about the goodwill that the election of Simon Busuttil to vice-leader has brought about. We have heard plenty of words about the change that Simon is supposed to bring about to the nationalist party – presumably the same mistakes of the past will not be committed again, particularly in the arrogance department. Presumably (again) the nationalist party will take care before fielding candidates whose ego will barely fit in one seat of our hallowed chambers in parliament.

With these thoughts in mind I found this video doing the rounds on social networks rather intriguing. It’s a perfect picture of “old vs new” – hosted on a labour station of course – a clear effort to expose the warts (past and future) that the PN carries. And they seem to have been quite successful in doing so (forget the title chosen by the uploader – I don’t think any one of the two egos was comfortable here).

I wonder what Simon makes of this (witt rispekt).

 

Categories
Constitutional Development Politics

The Powers of a President

Jeffrey Pullicino Orlando has been quoted by Malta today saying that “the President of the Republic would be justified in calling the Prime Minister to see if he has a majority after Franco Debono’s comments.” (see also on Maltastar). Well he wouldn’t. The President of the Republic need not take any such initiative because it is not up to him to do so. Our Constitution (God Bless the Paper it is written on) is quite clear about when the President may intervene with regards to the Prime Minister (and the leader of the opposition).

The Constitution

Everybody knows that the President appoints the member of the House who in his (the President’s) judgement is best able to command a majority of the members of that house. That situation arises “Whenever there shall be an occasion for the appointment of a Prime Minister” (article 80). On the other hand the Constitution is quite clear about the removal of the Prime Minister (article 81) and it that case it specifies quite clearly that this occurs: “If the House of Representatives passes a resolution, supported by the votes of a majority of all the members thereof, that it has no confidence in the Government, the President may remove the Prime Minister from office“.

You see Jeffrey. It is not up to the President to decide whether the PM still enjoys the support of the majority of members of the House. It is up to the House voting on a clear no confidence motion to do so. Had the drafters of our Constitution wanted to give the President the power to constantly use his own judgement – and not that of the House – in order to assess whether the PM commands a majority then we would have had an article similar to article 90(4):

90 (4) If, in the judgement of the President, a member of the House of Representatives other than the Leader of the Opposition, has become the Leader in the House of the opposition party having the greatest numerical strength in the House or, as the case may be, the Leader of the Opposition has ceased to command the support of the largest single group of members in opposition to Government, the President shall revoke the appointment of the Leader of the Opposition.

The constitutional provisions have already been ignored once in the Richard Cachia Caruana motion and procedures (article 111 in particular). We cannot afford to have politicians continue to ride roughshod on the constitution, observing only the parts of the law that are convenient to them. Abela’s mission in Peru is safe for now.

Punditry Revisited

I am led to believe that some observes sill imagine an extension of the life of this government beyond the reopening of parliament after recess ends. I disagree. The summer break is a reprieve and a chance for the PN to put its house in order. An election cannot be too long in the waiting once the summer break ends – if only for the simple obvious reason that one of either JPO and Debono will be prepared to vote against the government in a crucial confidence motion.

Whether Lawrence Gonzi is prepared to call their bluff – if only to let the blame of the end of government to fall squarely on their shoulders – is a matter of electoral brinkmanship. What we can say for certain is that this kind of midsummer rumbling is a prelude to the silence before the storm. Expect that silence to occur mid-August and the storm to hit you with a vengeance around September (if you’re still around and haven’t melted in the heat).

Categories
Mediawatch

Jeffrey “il-Matur”, Mustafa “Kemal” and the “Non-European” Turks

The Chronicle

On the plane back to Luxembourg I was browsing through the Times of Malta and got to read my favourite section (a section that is sadly not reproduced on the internet version). The “A Century Ago” corner reproduces randomly selected articles from the “Daily Malta Chronicle” edition a hundred years back. Yesterday’s selection was entitled “Maltese emigration to the State of Sao Paolo” and was basically an editorial comment on the emigration of a 100 Maltese who were moving to Brazil “in the hope of faring better there than they can now expect to do in their own land“.

Although the editorialist acknowledges the necessity for Maltese to look for brighter pastures he expresses more than a simple reservation about the cultural differences into which the Maltese are throwing themselves – particularly when they opt to move away from beneath the protecting eyes of the British flag: “because we know that there is no better flag for them to be under“. In fact the article advocates for easier channels of emigration to the likes of Australia and New Zealand and not to Brazil where “the second generation of even European born parents have not in Brazil either the physical, or the moral characters of their race“. If that is not enough to astound you just read the conclusion:

“The great drawback with regard to emigration to Brazil is that our people must, upon going there, be thrown in with blacks and half breeds”.

I kid you not. That was an article in a Maltese newspaper appearing on Tuesday, April 16th, 1912. It would be shocking today but I would hazard a guess that that kind of lingo was common parlance in the early part of the twentieth century – to put it in perspective Rosa Parks wouldn’t be born for another 10 months.

Kemal

Somebody who was already born by that time was Mustafa “Kemal” – a thirty year old Ottoman who was to become father of the Turkish nation. Over the next few decades the man who would come to be known as Atatürk would shepherd a nation and its people and transform it into a most modern of democracies (not without his share of controversies).

Atatürk (then) embarked upon a program of political, economic, and cultural reforms, seeking to transform the former Ottoman Empire into a modern, westernized and secular nation-state. The principles of Atatürk’s reforms, upon which modern Turkey was established, are referred to as Kemalism. – Wikipedia

Undoubtedly controversial, Atatürk supervised much of the modernisation of his nation and this included the strengthening of the language, an important emphasis on educational reform and an expansive arts and cultural program. Importantly Atatürk  made Turkey one of the first nations to recognise the importance of women’s rights and their emancipation. Furthermore he was adamant about the importance of a secular state . Here is Ataturk speaking in 1926:

“We must liberate our concepts of justice, our laws and our legal institutions from the bonds which, even though they are incompatible with the needs of our century, still hold a tight grip on us.”

For the first time in history Islamic law was separated from secular law.

Jeffrey

Mustafa was given the nickname “Kemal” by his mathematics teacher. It means “perfection” or “maturity”. His “reign” over the newly born state was not without controversy but there is no denying that post-Ottoman Turkish history can claim great parallels with those of other European states with its own lessons and mistakes. The unravelling of that history is of a fledgling democracy in the early ’10s that interacted with the other democratic (and non-democratic) realities around it. This account is also a poor one since it fails to acknowldge the huge role the Ottoman empire had in European politics for a very long time and it also neglects the geographic origins of modern Europe – both historically and spiritually.

What would the Greek states have been without Troy? Where would Saint Paul have wandered without Antioch and Ephesus? What of the Byzantine heart of the Eastern Roman Empire? Can Constantinople be erased with the stroke of a political pen?

Well Jeffrey Pullicino Orlando seems to think so. His emancipated, “liberal” statement that “Turks are not Europeans” gives me the shivers. If, as it seems, the Islamic creed of the majority of Turks seems to be one of the major hurdles that JPO has to consider than he really has no idea about who or what he is criticising.  This is an MP in a parliament that made divorce available to its citizens in 2011 and still has evident problems distinguishing between political obligations and religious proselytising. He is an MP in a country whose President is off to Peru on a missionary trip and where the Attorney General has no qualms invoking deities upon appeal from a court sentence.

And what is JPO’s major excuse? The Turks are culturally different. It must be a strange coincidence that the Times’ Century Ago piece reminded us that this kind of mentality – fear and snobbism in face of difference – existed in Malta in 1912. Thanks to people like Jeffrey Pullicino Orlando the front pages of our papers (and the red faces we should have when speaking to Turks) remain a stark reminder of just how little progress we have made in our interaction with the outside world.

With politicians like this you can only wish to hop onto the next plane to Sao Paolo, Istanbul or Luxembourg – there to submit to the “cultural shock” that the JPO’s of this world seem so intent to shield us from.

Categories
Mediawatch

A Time to Gag

Anglu Farrugia will cry crocodile tears at the Labour Party General Council. Jeffrey Pullicino Orlando will resort to reporting “evil bloggers” on his Facebook wall. Franco Debono will include a new law regulating evil attacks in his program of legislation (which program, having its hours counted, threatens to be the largest amount of laws proposed in the shortest time). General appeals and not-so-subtle implications will be made that the PM should do something about the bloggers and columnists who are resorting to “personal attacks”. And we all get carried away.

Your average listener or reader will not hesitate to chime in with the scarcely researched tautology of “Yes, there should be some form of decency, we have gone too far”. But have we? Or rather – what kind of legislation and control are these paladins of democracy seeking? While the general public showed the predictable kind of ambivalence when the laws dubbed as the New Censorship laws were published the sweeping statements about controlling other fields of expression than the arts multiplied.

First. A note about the new laws. They have nothing to do with such issues as libel and slander. What we have there is a new system of rating theatre and cinema that includes an element of self-discipline. This approach is highly commendable from a libertarian point of view because it emphasises (and exalts) the individual capacity to take responsible decisions. The theatre producer is invited to “censor” his own piece before any official scissors come into play. Self-control, self-censorship – an ability to assess what is and what is not acceptable in wider society : that is the heritage of an intelligent, emancipated and responsible society. Are we ready for the show?

Well, insofar as the political arena is concerned it looks like it is going to be tough. I am of the opinion that the current laws (if we DO have to look at legislation rather than policy first) are more than enough. It is a combination of publish (responsibly) and be damned. Defence in libel includes the “exceptio veritatis” (exception of truth) – the defence that is based on the idea that whatever was said about someone can be seen to be the truth. This is sometimes the reason why somebody who claims to have been libelled fails to go to court for fear of the “libel” being proven to have been the truth.

The “exceptio veritatis” is also itself controlled. While proving that a statement that is being scrutinised for libel or slander might stand strong if it is proved to be true, the truth is not a useful defence in the case of invasion of privacy. Stating that a Minister hosted a party with drugs freely available is defensible with the truth exception – i.e. if the fact is proven to be true. Saying that a Minister has the backside the side of a lorry it is an invasion of privacy and the mere fact that it is true (though even there – the exaggerated hyperbole is such that even the truth is obviously non-existent) will not suffice as a defence.

The fact of the matter is that libel, slander and defamation laws when applied constitute a solid last resort in the battlefield. On the other hand calling for more regulation is a perverse counter-productive move that demonstrates an ignorance of the law and, sadly, an intent to revert to the times of “Indħil Barrani” when our laws were tailor made to serve the interests of whoever needed to gag uncomfortable elements.

Check out again the Newt Gingrich video (top right) starting from 2’20”. Gingrich is asked a very uncomfortable question during a prime primary debate. It is an issue that is very private and Gingrich’s reaction says it all. “I would not like to answer it but I will”. Gingrich goes on to tackle the method of questioning and shoots some repartees of his own towards the press that has peddled the story. There and then. No courts. No gagging orders. Pure and simple intelligent response. And then the question is left to the voters to judge and value. Will voters give more importance to the story of Newt wanting an open relationship or to the fact that Newt was considered enough of a heavyweight to warrant a relentless barrage of mediatic coverage of the fact?

Which brings me to the question of politicians and privacy. Unfortunately the risk of reneging on most of what is private in their lives is a risk that politicians (and footballers, and actors, and prominent businessmen) take in a calculated manner more and more. When campaigns are built on family values and when consorts and children are used in campaigns to be paraded as some form of assets to the main storyline then we should not be surprised that the vultures in the press will be probing to examine whether this too is a facade. When you commit errors during a campaign and these are highlighted, parodied and caricaturised you’d be stupid to claim that these are personal attacks.

Our democracy does not need gagging orders and stricter regulation. Our democracy needs intelligent citizens and … if it is not asking for too much … intelligent politicians.

Categories
Articles

J’accuse : ‘Les sanscouilles’

At the time of the French revolution, part of the French population took to calling another part of the population “les sansculottes. According to one theory, the name is derived from the fact that the partisans of this particular revolutionary faction wore pantaloons (full-length trousers) instead of the fashionable knee-length culotte. (Wikipedia’s summary). I’ve always wondered why rather than being called ‘Les Pantaloons’, they were defined by what they did not wear, but that must be down to the fact that the point where sartorial affairs and politics converge more often than not involves criticism rather than praise.

Anyway, together with the Jacobins, the sansculottes were among the violent elements of the revolution. Unlike the Jacobins, they came from the working class and have bequeathed us the term “sans-culottism” meaning extreme egalitarian republican principles. The sansculottes disappeared shortly after the fall of Robespierre’s reign of terror and they left us the image of the carmagnole, the red cap of liberty and the sabots (clogs).

In today’s exciting times we have witnessed revolutions linked to colours, such as the red, purple and orange revolutions. We have also, in moments of great social upheaval, witnessed the blooming of “styles” and “fashions” that are a result of or reaction to the current political mood. In that sense, the sansculottes were the precursors to the mods, the punks, the rebels and the twittervolutionaries of today’s world but never, ever in his life would Jacques (René, if you please) Hébert, the revolutionary mentor of the sansculottes, have imagined the possibility of the movement of “les sanscouilles”.

Balls

Yet, all through this past week you couldn’t help but wonder whether just such a movement is forming in our collective sub-conscious and whether or not it manifested itself in the guise of our more prominent politicians and so-called investigative journalists when the divorce issue was once again discussed. Maltese, being the flowery expressive language that it is, lends itself perfectly to explaining what les sanscouilles is all about – and unless the linguistic fascists are hiding in ambush behind some corner, the best way to spell the Maltese version of sanscouilles is bla bajd.

Yep. The sanscouilles movement is made up of a combination of political Farinellis combined with the journalistic eunuchs who tend to fan their divas during performances. Lest I be accused of gender bias, I invite you to consider this whole ballsy business as an extended metaphor that applies to male and female alike. The defining trait of the sanscouilles is their inability to shoulder a modicum of responsibility and provide an inkling of inspirational politics; instead of responsibly taking a stand one way or another, they will wait to see which way the wind is blowing and find innumerable ways to postpone putting their neck on the line.

Contrary to public perception, the notion of the sanscouilles has less to do with ideas of virility and more with the ideal of responsible leadership. A quick run through the week’s events on divorce should really lead this country’s last remaining conscientious voters to despair. The sanscouilles movement is gaining ground… it is out there. It is everywhere.

The Emperor’s Clothes

I was told that Joseph Muscat pulled of quite a performance on Tuesday’s self-referential show of investigative journalism. I was told that by friends of mine who don’t usually bother turning up at the ballot box on Malta’s five-year anniversary equivalent of Doomsday. It was when the press started to report Joseph’s refreshed position on divorce that I wondered how my friends could buy this kind of pitch from a politician who, in the words of a commentator on J’accuse, “appears to have acquired his political education from the back of a Belgian beer mat”.

Then it clicked. Surely the prancing and sashaying of Malta’s prime example of castrato journalism could only have unwittingly (absence of wit is taken as read in most programmes) aided and abetted Muscat’s unprincipled approach to the divorce debate. Of course, if, unlike me, you are more than willing to watch the Emperor march around naked without giving him so much as a word of warning as to his glaring state of nudity, then you too will be equally appeased with his idea of “responsible divorce” combined with a “free vote for his party”.

The presenter’s position is compromised from the start. Comforted by the fact that his bias no longer needs to be declared (it’s to himself, lest you were wondering), his programmes are beyond “boring and dull”, having transformed into a self-referential sequence exposing the very best of selective journalistic incompetence. At any other time, on any other channel, Lou could be playing whatever tune he likes but prime time investigative journalism on national TV deserves much more than the image of castrated journalists playing second fiddle to whatever member of Parliament is on stage at the moment. Given that WE’s other programme has now completely taken leave of all senses and started to discuss close encounters of the third kind, the urgent need of a non-castrated style of journalism is all the more glaring.

But back to Muscat. His particular brand of sanscouillism is of the incredibly non-committal kind while sounding the exact opposite. Unless you manage to cut beyond the words and look into what is really being said, you might as well be listening to Ahmed the Dead Terrorist. Which is why Bondi’s castrato style journalism could not work. If he challenges Muscat he gets reminded that he is biased. If he goes along with him he ends up promising to endorse his “responsible divorce” campaign.

Muscat’s tergiversation stems from an inability to place the divorce issue in real constitutional terms and fails to appreciate his responsibilities both as Leader of the Opposition and aspirant leader of a nation. Divorce is not the kind of “right” that results from some majority-voting stint but is a legal possibility that is enacted in the interests (more often than not) of the few. What Muscat fails to understand is that you can be in favour of divorce legislation without necessarily being in favour of divorce.

Muscat tries to get away with this new-fangled notion of “responsible” divorce as though there is such a thing as irresponsible divorce. Sure we do not want a situation where the mere repetition of the cursèd word thrice would result in divorce like some Red Slippers gone all matrimonial. On the other hand, this shuffling of feet and hiding behind terms is not progressive at all. A progressive leader should have taken the bull by the horns and by this time presented what his idea of divorce should be – caveats and all – and be pushing to get it enacted in parliament for the benefit of those citizens who fulfil the conditions and desire to move on to a different, married life. Instead we get enigmatic “responsible divorce”. Well, so long as it’s responsible. Then again. What if I said “responsible mercy killing”? What say you about “responsible heroin consumption”? “Responsible castration”?

The high kind of pitch

And while Muscat was busy dancing with Lou to whatever music was being played at the never-ending end credits, Malta’s own Don Quixote was busy meeting our Prime Minister on the matter of his draft law on divorce. Now, I have already once more lauded JPO for the single-handed way he has pushed the sanscouilliste movement into some form of action on the divorce matter. On the other hand it was particularly jarring to see the push and pull of the JPO-Gonzi saga shortly after the meeting took place. First JPO met some members of the free press and declared that next year would be a great time for the harvest of both parliamentary discussions and referendum.

What-ho? Yep. The erstwhile backbencher had apparently been given the nihil obstat from up high to announce to the men of the realm that divorce would definitely be on the agenda in 2011, as would be an eventual referendum. Referendum? Did anyone say referendum? Is our hero tilting at windmills, suddenly drained of all mental faculties? Has he too succumbed to sanscouillism? Who on earth mentioned referenda? Do these folks even know how things are meant to work in this constitutional republic of ours?

Better still out came the OPM claiming that, yes, there was an agreement to proceed with the discussion but there was no mention of a referendum and that it would be best left to the electorate to decide. The electorate? It was like being knocked out twice within an hour. No referendum plus the electorate can only mean one thing in my book: that we will wait for the next general election for the divorce issue to be placed in the party’s manifesto and that a vote on the matter could only be taken after such a national vote.

Marchons! Marchons! A la Castille! You could hear the hordes of sanscouilles marching in line. They would storm Castille once again and spread the revolutionary fervour of the ball-less to the four corners of the islands. The divorce question had become a question of pass the parcel all over again and from Muscat to JPO to Gonzi the movement of the sanscouilles could only offer the electorate a castrato version of realpolitik. Wash your hands and let them decide. Pontius Pilate would be proud.

bert4j_101017

The seven brothers

Then it came. When you least expected it and from the last place you would expect it. The voice of reason. Seven Church brothers sat down around a table and fleshed out a declaration “on conscience and divorce”. In the land of sanscouillism, seven men of the cloth came up with an eye-opener of a declaration that made you want to stand up on the nearest pulpit or stage and shout “Hallelujah”. Here was a ballsy statement divorced from the fire and brimstone rhetoric of brother Said Pullicino and divorced from the foot shuffling opportunism of the sanscouilliste community. The seven brothers called a spade a spade. And they reminded the whole bloody lot of the sanscouilliste community of the political role of one’s conscience – and one’s responsibility towards both society and one’s conscience.

For yes, there was much more to be read into the seven brothers’ invitation than a simple reminder that a real Catholic votes with an informed conscience. They went beyond that. They had no qualms reminding the devout that “for Catholics divorce is wrong whether permitted by civil law or not”. However, they did also emphasise the importance of evaluating one’s options by acting with an informed conscience bearing in mind one’s own morals and values – in this case God’s teaching.

The seven brothers introduced a new, important angle to the argument. They have not only repaired the damage to the Church’s image caused by Said Pullicino’s media-eval stance, but have provided an important example for the wider society. I dare go so far as stating that theirs is the real Christian democrat position that is miles apart from the tergiversation within the soul of the supposed Christian democrat party of Malta.

This is the how the role of a social actor is fulfilled. With a clear indication and an appraisal of every individual’s role in society and how he should go about fulfilling it. Instead of fire and brimstone, the brothers gave us the duty to inform our conscience and decide in good faith based on those considerations. After all, it is not just votes on the introduction of divorce that require greater reflection and an informed conscience. Someone, somewhere, still has faith in intelligent voters who will get us out of this mess.

www.akkuza.com is still sick of laryngitis. We’re sicker still of the sanscouillistes but still can’t find the right prescription.

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