The talk of Special Prosecutors is all the rage today, April 18, 2019:
In the US, the Special Prosecutor looking into the Russian Interference of the 2016 Election, Robert Mueller, has released the Official Report showing the key findings of his two-year investigation; (the 400-page document can be found here). Much of this investigation looked “under the covers” of the current President of the US, Donald J. Trump, his close associates, campaign, corporate and charitable organizations; in total 35 people were indicted, found guilty and/or confessed to federal crimes. (Many state prosecutions are still pending).
This is American justice at work. Will this be satisfying? Will there be accountability and consequences for any wrongdoing?
This is the quest and the process – American Style.
Many in the Caribbean long for this aspect of life from the American system. They want to see justice in the Caribbean homeland. They perceive injustice, corruption and inefficiency in the regional institutions for law-and-order. If only we had those deliveries “here” at home.
We do …
The planners for a new Caribbean detailed the Way Forward for Justice in the Caribbean homeland. This was embedded in a roadmap to elevate the societal engines of the region. That roadmap is described in the 2013 book Go Lean…Caribbean – available for download now. A previous blog-commentary from November 18, 2014 detailed the justice strategies that are designed in the roadmap for this new Caribbean regime.
On the heels of Robert Mueller in the US, it is a good time to Encore that previous blog – see below.
This commentary continues the consideration on the Way Forward for the full Caribbean region and the individual member-states. The movement behind the Go Lean book queried many stakeholders in and around the Caribbean with the question:
Somebody, anybody … please tell me:
What is the ‘Way Forward‘ for ___________ <<< Entered Country Name here >>>?
We cannot continue like this.
(This question was asked on several social media platforms, that cater to populations and Diaspora of Jamaica, Bahamas, Barbados, Saint Vincent & Grenadines, St Lucia, the Turks & Caicos Islands, and just the Caribbean people in general).
The responses all conveyed a similar theme – the need for justice, the complaint of corruption, the lack of law-and-order. So this commentary here addresses all of these concerns by doubling-down on this series for the Way Forward. Each entry in the series depicted how the Caribbean member-states can reform and transform their society. This is entry 6-of-6 for this April 2019 compilation of commentaries; (thus far, subsequent entries may follow). The full series of commentaries related to the Way Forward is presented as follows:
- Way Forward: Puerto Rico learns its “status” with America
- Way Forward: Virgin Islands – America’s youngest colony
- Way Forward: Bahamas – “Solutions White Paper” – An Inadequate Plan
- Way Forward: Jamaica: The need to reconcile the Past
- Way Forward: Caribbean Media Strategy & Deliveries
——— - Way Forward: Strategy for Justice: Special Prosecutors et al
This series posits that “no man is an island” and that “no island is an island”; so with the technocratic deployment of a leveraged confederacy, the political Caribbean can elevate all their societal engines: economics, security and governance.
See that previous blog-commentary entitled “Justice Strategy: Special Prosecutors … et al” here-now:
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Go Lean Commentary – Justice Strategy: Special Prosecutors … et al
(Dateline: November 18, 2014) – The quest to elevate Caribbean society is a three-prong approach: economics, security and governance.
Economic optimizations are easiest to introduce; show up with investments (money) and jobs and almost any community will acquiesce. But to introduce empowerments for security and/or governing engines is more complicated, as changes in these categories normally require a political process; implying consensus-building and compromise. (Think: Iraq – “A military solution to a political problem?”; see Footnote 1)
This is what the book Go Lean…Caribbean calls “heavy-lifting”.
This Go Lean book posits that “bad actors” will always emerge in times of economic optimizations to exploit opportunities, with bad or evil intent. In support of this argument, the book relates a number of law-and-order episodes from world history: Pirates of the Caribbean (Page 181) and the Old American West (Page 142). In addition to the direct book references, there are a number previously published blogs/commentaries that covered subjects and dimensions for Caribbean justice institutions:
It is evident that justice is very important to this roadmap for societal elevation. We do not want to only react (after the fact) to episodes undermining public security or the integrity of law-and-order in the homeland. We want to have a constant sentinel. This will be accomplished with two regional agencies (defined later): Justice Department and Homeland Security Department.
The Caribbean governance structures were developed under the tutelage of 4 European legacies (British, Dutch, French, Spanish) and the United States of America (territories of Puerto Rico & US Virgin Islands and the dominant cultural influence in the region). We now have fitting role models of their societies for the management of justice institutions. This commentary urges their best-practices.
The Go Lean book serves as a roadmap for the introduction and implementation of the technocratic Caribbean Union Trade Federation (CU). Normally, when there are questions of integrity in the due-process in executive, legislative or judicial branches of government, the curative measure is a Special Prosecutor (American) or a Commission of Inquiry (European and United Nations).
As defined in the following encyclopedia source reference, these measures are normally reactive, but for the CU, the strategy is proactive…from Day One:
1. UNITED STATES
A Special Prosecutor generally is a lawyer from outside the government appointed by an Attorney General or, in the United States, by Congress to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have political connections to those it might be asked to investigate. Inherently, this creates a conflict of interest and a solution is to have someone from outside the department lead the investigation. The term “Special Prosecutor” may have a variety of meanings from one country to the next, from one government branch to the next within the same country, and within different agencies within each government branch. Critics of the use of Special Prosecutors argue that these investigators act as a “fourth branch” to the government because they are not subject to limitations in spending or have deadlines to meet.
Federal government
Attorneys in the United States may be appointed/hired particularly or employed generally by different branches of the government to investigate. When appointed/hired particularly by the judicial branch to investigate and, if justified, seek indictments in a particular judicial branch case, the attorney is called Special Prosecutor. When appointed/hired particularly by a governmental branch or agency to investigate alleged misconduct within that branch or agency, the attorney is called Independent Counsel.State government
Special Prosecutors may also be used in a state prosecution case when the prosecutor for the local jurisdiction has a conflict of interest in a case or otherwise may desire another attorney handle a case.
Source: Wikipedia Online Encyclopedia (Retrieved November 17, 2014) – http://en.wikipedia.org/wiki/Special_prosecutor2. BRITISH DOMINION
A Royal Commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Bahrain, Malaysia, Hong Kong and Saudi Arabia. A Royal Commission is similar in function to a Commission of Enquiry (or Inquiry) found in other countries such as Ireland, South Africa, and Hong Kong; (all examples here are from the British Dominion).
A Royal Commissioner has considerable powers, generally greater even than those of a judge but restricted to the Terms of Reference of the Commission. The Commission is created by the Head of State (the Sovereign, or his/her representative in the form of a Governor-General or Governor) on the advice of the Government and formally appointed by Letters Patent. In practice—unlike lesser forms of inquiry—once a Commission has started the government cannot stop it. Consequently governments are usually very careful about framing the Terms of Reference and generally include in them a date by which the commission must finish.
Royal Commissions are called to look into matters of great importance and usually controversy. These can be matters such as government structure, the treatment of minorities, events of considerable public concern or economic questions.
Many Royal Commissions last many years and, often, a different government is left to respond to the findings. In Australia—and particularly New South Wales—Royal Commissions have been investigations into police and government corruption and organised crime using the very broad coercive powers of the Royal Commissioner to defeat the protective systems that powerful, but corrupt, public officials had used to shield themselves from conventional investigation.
Royal Commissions usually involve research into an issue, consultations with experts both within and outside of government and public consultations as well. The Warrant may grant immense investigatory powers, including summoning witnesses under oath, offering of indemnities, seizing of documents and other evidence (sometimes including those normally protected, such as classified information), holding hearings in camera if necessary and—in a few cases—compelling all government officials to aid in the execution of the Commission.
The results of Royal Commissions are published in reports, often massive, of findings containing policy recommendations. These reports are often quite influential, with the government enacting some or all recommendations into law.
Source: Wikipedia Online Encyclopedia (Retrieved November 17, 2014) –
http://en.wikipedia.org/wiki/Royal_Commission3. NETHERLANDS
Though never a member of British Dominion, the Kingdom of the Netherlands has a similar process. An example of a Commission of Inquiry in the Netherlands include this case study:
- From mid-2010 to December 2011 the Commission of Inquiry carried out an independent study of the sexual abuse of minors in the Roman Catholic Church from 1945 to 2010.
Source: Investigation of Roman Catholic Church Online Site (Retrieved Nov. 17, 2014) –
http://www.onderzoekrk.nl/english-summery.html4. UNITED NATIONS
a. Commissions and Investigative Bodies
The UN Security Council has established a wide-variety of Commissions to handle a variety of tasks related to the maintenance of international peace and security. Commissions have been created with different structures and a wide variety of mandates including investigation, mediation, or administering compensation. Below is a list of all commissions established by the Security Council, with a short description prepared on the basis of the Repertoire, as well as links to the sections covering them in the Repertoire (Public Relations Publication). They are organized by region, and then under relevant areas or sub-regions, placed chronologically starting with those established most recently:
1946-1951 1952-1955 1956-1958 1959-1963 1964-1965 1966-1968 1969-1971 1972-1974 1975-1980 1981-1984 1985-1988 1989-1992 1993-1995 1996-1999 2000-2003 2004-2007 2008-2009 2010-2011
For more information on the investigative and fact-finding powers of the Security Council, see this section on Article 34:
- Article 34 – Investigation of disputes & fact-finding.
Article 34 of the UN Charter empowers the Security Council to investigate any dispute, or any situation that is likely to endanger international peace and security. The provision covers investigations and fact-finding missions mandated by the Security Council or by the Secretary-General to which the Council expressed its support or of which it took note. Furthermore, this section has also looked at instances in which Member-States demanded or suggested to the Council that an investigation be carried out or a fact-finding mission be dispatched.b. UN Commission for Conventional Armaments
The Commission for Conventional Armaments was established on 13 February 1947 to formulate proposals for carrying out General Assembly resolution 41 (I) of 14 December 1946 concerning the general regulation and reduction of armaments. This was a standing Commission, but it was formally dissolved on 30 January 1952.
Source: United Nations Online Archive – Retrieved Nov. 17, 2014 – http://www.un.org/en/sc/repertoire/subsidiary_organs/commissions_and_investigations.shtml
Normally a Special Prosecutor assignment has a limited time expiration. Also a Commission of Inquiry refers to individuals employed, during conciliation (Footnote 2), to investigate the facts of a particular dispute and to submit a report stating the facts and proposing terms for the resolution of the differences. Such a commission is one of many bodies available to governments to inquire/investigate into various issues. The commissions may report findings, give advice and make recommendations; and while their findings may not be legally binding, they can be highly influential.
The declared assignment documents for Special Prosecutors and/or Commissions of Inquiries are called “Warrants”.
The foregoing encyclopedic source explains that “Warrants” may grant immense investigatory powers, including summoning witnesses under oath, offering of indemnities, seizing of documents and other evidence, holding hearings, and compelling aid from government officials. This description provides the role-model for the CU‘s effort in justice and security. The Trade Federation will feature a federal Justice Department, with a separation-of-powers, a ‘Divide’, with the regional member-states. On the CU side of the ‘Divide’ is the jurisdiction for economic crimes, systemic threats, regional escalations and marshaling of any offenses on the federally-regulated grounds, Self-Governing Entities.
This separation-of-powers mandate also dictates that the CU‘s Homeland Security apparatus is the local manifestation of the United Nations Security (Peacekeeping) Forces , except for a regional scope only. This specific federal department will handle a variety of tasks related to the maintenance of regional peace and security.
The book Go Lean…Caribbean posits that the region must prepare its own security apparatus for its own security needs. So the vision is that all Caribbean member-states will authorize the CU as Special Prosecutors and Commissions of Inquiries. These warrants would legally authorize the regional “Justice Institutions”, covering law enforcement and regional defense, all encompassed in the book’s Homeland Security roadmap.
The CU would thusly be set to optimize Caribbean society through economic empowerment, and the aligning security dynamics. In fact, the Go Lean roadmap has 3 prime directives:
- Optimization of the economic engines in order to grow the regional economy to $800 Billion & create 2.2 million new jobs.
- Establishment of a security apparatus to protect the resultant economic engines.
- Improve Caribbean governance to support these engines.
There is the need to ensure the economic engines in all 30 Caribbean member-states; plus extractions (mining, drilling) in the Exclusive Economic Zone (EEZ) of the Caribbean Sea. This point is pronounced early in the book with the Declaration of Interdependence (Page 12) that claims:
x. Whereas we are surrounded and allied to nations of larger proportions in land mass, populations, and treasuries, elements in their societies may have ill-intent in their pursuits, at the expense of the safety and security of our citizens. We must therefore appoint “new guards” to ensure our public safety and threats against our society, both domestic and foreign. The Federation must employ the latest advances and best practices … to assuage continuous threats against public safety.
xi. Whereas all men are entitled to the benefits of good governance in a free society, “new guards” must be enacted to dissuade the emergence of incompetence, corruption, nepotism and cronyism at the peril of the people’s best interest. The Federation must guarantee the executions of a social contract between government and the governed.
xii. Whereas the legacy in recent times in individual states may be that of ineffectual governance with no redress to higher authority, the accedence of this Federation will ensure accountability and escalation of the human and civil rights of the people for good governance, justice assurances, due process and the rule of law. As such, any threats of a “failed state” status for any member-state must enact emergency measures on behalf of the Federation to protect the human, civil and property rights of the citizens, residents, allies, trading partners, and visitors of the affected member-state and the Federation as a whole.
xvi. Whereas security of our homeland is inextricably linked to prosperity of the homeland, the economic and security interest of the region needs to be aligned under the same governance. Since economic crimes, including piracy and other forms of terrorism, can imperil the functioning of the wheels of commerce for all the citizenry, the accedence of this Federation must equip the security apparatus with the tools and techniques for predictive and proactive interdictions.
The treaty to establish the “new guards”, the Homeland Security Force and Federal Justice Department within the Caribbean Union Trade Federation gets legal authorization from the provisions of Special Prosecutors and Commissions of Inquiries, therefore enacting a Status of Forces Agreement with the initiation of the confederation. This elaborate process would be “Step One, Day One” in the Go Lean roadmap. The Go Lean book also details a series of community ethos, strategies, tactics, implementations and advocacies to provide increased public accountability and security in the Caribbean region:
| Community Ethos – Economic Principle – Consequences of Choices Lie in Future | Page 21 |
| Community Ethos – Security Principle – Privacy –vs- Public Protection | Page 23 |
| Community Ethos – Security Principle – Whistleblower Protection | Page 23 |
| Community Ethos – Security Principle – Witness Security & Protection | Page 23 |
| Community Ethos – Security Principle – Anti-Bullying and Mitigation | Page 23 |
| Community Ethos – Security Principle – Intelligence Gathering | Page 23 |
| Community Ethos – Governing Principle – Minority Equalization | Page 24 |
| Community Ethos – Governing Principle – Lean Operations | Page 24 |
| Community Ethos – Governing Principle – Cooperatives | Page 25 |
| Community Ethos – Ways to Manage Reconciliations | Page 34 |
| Community Ethos – Ways to Improve Sharing | Page 35 |
| Community Ethos – Ways to Impact the Greater Good | Page 37 |
| Strategy – Vision – Trade Federation with Proxy Powers of a Confederacy | Page 45 |
| Strategy – Mission – Defense Pact to Defend against Systemic Threats | Page 45 |
| Strategy – Mission – Protect Stakeholders with Vigorous Law-and-Order measures | Page 45 |
| Tactical – Confederating a Non-Sovereign Union | Page 63 |
| Tactical – Fostering a Technocracy | Page 64 |
| Tactical – Separation of Powers – Homeland Security | Page 75 |
| Tactical – Separation of Powers – Justice Department – District Attorneys as Special Prosecutors | Page 77 |
| Tactical – Separation of Powers – Justice Department – CariPol: Marshals & Investigations | Page 77 |
| Tactical – Separation of Powers – Justice Department – Witness Protection | Page 77 |
| Tactical – Separation of Powers – Trade Anti-Trust Regulatory Commission | Page 77 |
| Implementation – Foreign Policy Initiatives at Start-up | Page 102 |
| Implementation – Start-up Security Initiatives | Page 103 |
| Implementation – Start-up Benefits from the EEZ – Security – Interdictions & Piracy | Page 104 |
| Implementation – Steps to Implement Self-Governing Entities – Security and Justice | Page 105 |
| Implementation – Ways to Foster International Aid – Military Aid | Page 115 |
| Planning – Ways to Make the Caribbean Better – Safety Measures for the Rich and Poor | Page 131 |
| Planning – Ways to Improve Failed-State Indices – Law Enforcement Oversight | Page 134 |
| Planning – Lessons Learned from the West Indies (WI) Federation – Regiment on the Ready | Page 135 |
| Planning – Lessons from the American West – Law & Order Needed Enforcements | Page 142 |
| Advocacy – Ways to Grow the Economy | Page 151 |
| Advocacy – Ways to Create Jobs | Page 152 |
| Advocacy – Ways to Improve Governance | Page 168 |
| Advocacy – Ways to Better Manage the Social Contract | Page 170 |
| Advocacy – Ways to Improve Leadership | Page 171 |
| Advocacy – Ways to Impact Justice | Page 177 |
| Advocacy – Ways to Reduce Crime | Page 178 |
| Advocacy – Ways to Improve Homeland Security | Page 180 |
| Advocacy – Ways to Mitigate Terrorism | Page 181 |
| Advocacy – Ways to Improve Intelligence Gathering & Analysis | Page 182 |
| Advocacy – Ways to Protect Human Rights | Page 220 |
| Appendix – Art of War Chapters – Chapter 7 – Engaging The Security Force | Page 327 |
Everyone in the Caribbean, the people and institutions, are hereby urged to lean-in to this Go Lean roadmap for elevation of Caribbean society. The roadmap calls for the heavy-lifting so that the justice institutions (permanent Special Prosecutors/Commissions of Inquiries) of the CU can execute their role in a just manner, thus impacting the Greater Good; see VIDEO below of South Africa’s example. This produces the output of a technocratic system bent on efficiency and effectiveness. In practice, this would mean accountability, transparency, and checks-and-balances in the execution of the rule-of-law.
This is the change for the Caribbean: elevated Public Safety, Law Enforcement and Homeland Security, all necessary to make the Caribbean a better place to live, work and play.
Download the free e-Book of Go Lean … Caribbean – now!
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Footnote:
1 – Iraq: A military solution to a political problem?
2 – Conciliation: The process of adjusting or settling disputes in a friendly manner through extra judicial means.
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Video: Marikana Commission of Inquiry has concluded its hearings – http://youtu.be/k0XAfRzjSXc
The Marikana Commission of Inquiry in South Africa has concluded its hearings after two years of attempting to establish what happened during the violent Wage Strike at Lonmin Platinum Mine in August 2012. 34 people were shot and killed in a confrontation with the police. 10 others including 2 police officers and 2 Mine Guards were also killed in the days preceding the August 16th tragedy.