.

OECS, CDB Team Looks Well Beyond SDP

by Bennette Roach

By Friday last week a team of officials from the Caribbean Development Bank (CDB) and the Organisation of Caribbean States (OECS) had described how they hoped to provide assistance to Montserrat in building a thriving economy.

They were Mr. Randolph Cato, director of economic affairs of the OECS Secretariat, Miss Dorla Humes, acting director programming development and planning at CDB, and Dr. Julliette Melville the new country economist for Montserrat at CDB.

Mr. Cato said in a press interview that the visit was as a response following the CARICOM heads of Government meeting in St. Lucia. There, he said, Chief Minister Brandt discussed with the Institutions, "how we could be of assistance to Montserrat in helping to define a way forward at the conclusion of the crisis situation and even in terms of how we can cope with the developmental opportunities and requirements arising out of the crisis."

Mr Cato was quite comprehensive in outlining the purpose of his visit. He pointed out that the discussions that were being held with Mrs. Angela Greenaway, Director of the Development Unit, were: "to look at the issues raised in the Sustainable Development Plan (SDP), looking at where we go with that plan, looking at what are the kinds of things that perhaps now need to be considered in terms of the further development of than plan, and looking at what kind of strategy can emerge out of the plan in terms of developmental prospects of Montserrat."

The director said that they were taking up the fact that the situation has now changed substantially to, "what it had been let us say a month or two ago with the current relaxation of the level of risks with respects of the volcano."

Reflecting with a well-expressed view, he said, "This means that to some extent the development plan will now have to factor that situation in and clearly it may mean some different order of priority may be required as we look at the forward movement of the country."

THE SDP WAS WIDELY DISCUSSED

The SDP has been the main focus of general attention for the past few weeks, not only in Montserrat but in territories to which Montserratians have relocated, such as England, Antigua, St. Kitts-Nevis and the U.S. Virgin Islands.

Mr. Cato seemed to be right on target as he discussed the Montserrat situation. He asked what would be the role of the private sector and how that can be stimulated, He then observed that we need to address some of the social elements and some of the major sectors that would be focused on in terms of the developmental directions.

"These are issues that are broadly addressed in the SDP," he said. "What now needs to be done is to take these issues and to see how they can be worked into a more consistent and coherent strategic framework.

"That is, what are the things we do first, what are the things we do second; where do we allocate resources in the first instance; what are the kinds of support programs which would be required to allow private sectors to move and to develop."

In a somewhat skeptical manner, he suggested, "I am not sure that the Strategic Development Plan as presently conceptualized, perhaps, is the vehicle to do that. But whatever vehicle may be the correct one, these are issues really of coming down to the fine details of developing the strategy and the implementation process for that strategy."

In ending the presentation of perspectives, Mr. Cato explained the plan fort the CDB, "is to field a team to work along with and in support of the officials from Montserrat to help to move in the directions I’ve just described. Our work will be on the ground here with and led by the Montserrat officials to enable the further refinement of this process."

He said they hope to put someone into this work for a short period of time to assist in that exercise.

Miss Humes described their primary objective as one where CDB "can review with the Development Unit the plan and see to what extent we can make a contribution to further achieving the broad objectives… essentially we have been looking at some the critical elements that have been identified. We are at a stage now where we are trying to outline the next step forward and our role in assisting the government of Montserrat to move into that stage will become critical."

She introduced Dr. Melville, who sees that her job is going to be very challenging. "It is an opportunity to work from the ground up and if you are successful it can make a whole lot of difference," she said.

Dr. Melville said also: "In reviewing the plan, I am in general agreement with some of the broad policy focus, but what the plan is short on are specifics."

She said she was particularly interested in two areas: "The new growth poles; what are going to be the engines that will be driving the economy now that tourism in some extent has been eliminated, your financial services to some extent; what can we identify that will drive the new Montserrat; how do we ensure that with the development we are projecting to take place that the bulk of the population are incorporated in the process and I am particularly concerned with employment. Not just employment but generating jobs that provide people with a living wage; jobs that will take them above the poverty line."

The visiting officials all thought that the situation here was different from any other and what was important was: "the question of how the country copes with it and how they in turn contribute to the process of development and identification of the processes."

Four Officials Sued Over Geralds Squalor

by Bennette Roach

'Shanty town' at Geralds park

Preliminary enquiries have been made in preparation for an inquest into the circumstances surrounding the deaths of the people who perished in the pyroclastic flows from Soufriere Hills volcano on June 25, 1997.

Her Majesty’s Government appointed a Committee last year to look into its handling of the volcanic crisis in Montserrat. This Committee has made several reports and continues to receive and hear evidence, sometimes recalling those who have been questioned before to explain further matters as they develop.

Now there is a Motion before the High Court of Justice in the Colony of Montserrat, brought by Warren M. Cassell, (suing on behalf all persons relocated and residing at Geralds) as the Applicant, against the Honourable Attorney General; Adelina Tuitt, Honourable Minister of Health; Alan Gunn Jones and Anthony Abbott, His Excellency the Governor as first, second, third and fourth defendants respectively.

Affidavits were filed in support of the motion, which seeks

(1) A declaration that by virtue of the several matters complained of in the Affidavits filed in support that several persons were and are subjected to torture, inhuman or degrading treatment or punishment by the Second, Third and Fourth Defendants and their agents or officers in contravention of their constitutional rights.

(2) An order that the inhuman, degrading and torture complained of herein cease immediately.

(3) An order that damages in respect of the infringements of the aforesaid rights be assessed and paid to the persons so affected.

The writ was filed in the High Court and dated 24th August, 1998.

Warren Cassell, who is about to begin his fourth year as a law student in Jamaica, says he is moved out of pity for these unfortunate persons who seem not to be able to do anything for themselves to better their situation. "The problem has been brought to the authorities on numerous previous occasions and nothing has been done," Cassell said.

He said further that people are protected by the Montserrat Constitution and this problem highlights the lack of quality response to suffering people.

Cassell also said that even before he filed the writ, he has been warned of victimisation. "Now," says Cassell, "I am being enquired of whether I’m on a scholarship at university, and whether my father has enough money to take care of the countersuits."

Cassell said that some of the complaints are as follows:

The toilets are not clean. When it rains the water overflows through the sides of the toilets.

People complain of having to walk in the feces to get to the toilet and the bathroom, and of having to clean feces off the toilet seats before using them.

The rain-caused toilet overflow harbors flies and mosquitoes as well.

One of the Affidavits lists 27 complaints, include some of being pressured to leave the island..

Cassell says that some important people in the community have already agreed to file supporting affidavits in the cause.

"Montserrat Has to Look Beyond 'Rates of Return' "

It is not difficult to wonder, as we go through the exercise of planning our sustainability and future development, that there are those who smirk at us and suggest we are fooling ourselves. Given the different and devastating circumstances that we face, might those with the ultimate responsibility of carrying through, knowing the facts as they do, lack the will to go forward because they are convinced that nothing better can done?

The Soufriere Hills volcano, by erupting for the past three years, has presented us with a unique situation to begin the new millennium. Countries who find themselves ravaged by war, earthquakes, hurricanes, floods and other natural disasters, usually wake up and walk over the rubble, pick up the pieces and immediately begin to reconstruct, replacing what they had before with the same, better, or no doubt worse in some instances. But compared with what Montserrat faces, that is a luxury. We have to move to new quarters and begin from scratch, building new everything from infrastructure to playing fields.

In our present situation, we can look at our neighbours and other countries in the world and what they did over the last 25 years. We watched them set out to bring economic growth and stability to their people (but is that really attainable?), with varying success. We can learn from their mistakes. But do we have the right attitudes and perceptions? Are we aggressive enough? Do we really understand what we will need in terms of education, taxation, and oh yes, political structure?

Mr. Faint, director of the Overseas Development Aid (ODA) now well known as DFID, said when he visited in January 1997: "I don't think that money is the main constraint that we face in Montserrat in this task of recreating the community in the north of the island. I think that there are physical constraints which are more serious. There are constraints in terms of the capacity to plan, manage and implement projects; the basic constraints I think are in terms of skills and capabilities and I don't think that money is going to be a fundamental problem. If more money is needed, I can say with confidence that the British Government will allocate more money." (See Reporter 17^th January, 1997)

What have we done about that? Did we hear, believe or even agree with him, and what do we think about that 20 months later? The well-organised evacuation may have helped in providing evacuees a type of higher education that we can use, but what do we do in the meantime to entice and prepare for their return?

Can we rely on the present taxation structure to get the best support available from residents? The best one has to be one where every able earning person contributes. Have we even spoken to the suggestions and proposals put forward by our own experts?

And what about our political future? Does it have any place in a development plan? How important is it?. For starters, there are many who believe that Montserrat is now one political constituency and what we need is a Council that may even include outside non-partisans.

If our officials agree that our biggest possible single project, an airport, cannot possibly yield rates of return even five years after its completion, then we have to begin new dreams and get different visions. We need better "eye specialists," and we have to pray harder. Is it really correct that every investor, donor agency, supporter and contributor is going to be consider only the "economic rate of return" before they will support any future developmental project?

It is here that we must dare to be different, special and hardworking in every aspect, spirit, mind and body. Statistics should not be used in every situation. Our needs should not be compared to those from any ordinary disaster, and surely if they must, then both plusses and minuses must be weighed where necessary.

We have to think harder, dream more and be prepared to work honestly harder. When we are offered technical help, for it to be useful we must be satisfied that there is honest impartiality. Even that will demand the best of us.

Progress Continues On Lookout Houses

A very brief tour of the Lookout compound will reveal that construction of the next set of houses is progressing steadily.

New B&R houses at Lookout

One of the contractors has indicated that the management of Brown & Root is a little more focused in an attempt to prevent a recurrence of the differences in the finish and quality of the houses as seen in the first 50.

The houses being built in this new area at Lookout include a continuation of the regular block houses and the Force 10 prefabricated houses. Also on this site are the CARICOM houses, which have been planned for some time and are now being constructed mainly from Cuban materials.

'Caricom Houses' under construction

Meanwhile, as occupants of the first 50 houses in the area settle in to their more comfortable quarters, some are still awaiting the installation of telephones.

Visiting Belize Doctor Treats Eye Diseases

Last week Montserrat benefited from a week-long visit by Dr. Victoriano Valdez and his wife, Ama Judith.

Dr. Valdez, who is an eye specialist from Belize, was carrying out tests, diagnoses and treatment to patients with eye defects and diseases.

His visit was the followup to a screening exercise that was done here by a Nurse Lewis from Belize, assisted by Nurses White and Liburd here in Montserrat. The Valdezes were assisted by Montserratian midwifery nurse Gwendolyn White at the Cudjoe Head Clinic, where the services were conducted for the week.

Dr. Valdez's visit was sponsored by the Old Peoples Welfare Association, Help Age International, through CCB.

He said that he hopes to return to Montserrat for surgical follow-up, when surgeries will be performed on people whose sight is impaired by cataracts and diabetes. He will also perform "lid plastic surgery."

On his return, he said, he hopes to bring as many instruments as needed, because his services were severely hampered this time by the lack of instruments. "Even those which I am using now I had to patch and build from parts of different machines," he said.

Dr. Valdez mentioned also that there was a severe shortage of medication for treatment of the eyes on the public, a matter he was careful to draw to the local authorities' attention.

He added, however, that he could not leave without pointing out his surprise at the very high level of control that exists on the island. He was full of praise for the medical system, which he says must be responsible for the low incidence of diseases of the eye from diabetes, as well as the low level of hypertension among the patients tested.

Caricom Turns Castro From Villain to Hero

Caribbean nations signed a trade pact Saturday in Santo Domingo doubling their market at a summit marked by the overnight conversion of Fidel Castro from regional bogeyman to elder statesman.

The 16-nation summit also illustrated growing antipathy toward the United States, increasingly seen as neglecting the region on trade and aid issues since the end of the Cold War.

The free trade accord will eventually remove most tariffs between members of the Caribbean Community -- whose 15 nations have a population of 6 million -- and the Dominican Republic, with 8 million people.

It was timed to coincide with negotiations for a free trade zone encompassing the entire Western Hemisphere by 2005.

The formerly insular Dominican Republic is trying to become a linchpin of the Americas through its Hispanic culture, Caribbean location and ties to the United States, where more than a million Dominican Republic citizens live.

The ambitious Dominican Republic president, Leonel Fernandez, has seized a leading role in the unprecedented Caribbean embrace of Castro -- a once-avowed enemy of Fernandez's more conservative predecessors.

Development Must Include Cuba

"We believe that the development of our region must include Cuba," said St. Lucia Prime Minister Kenny Anthony, who signed the trade pact with Fernandez on behalf of the Caribbean Community.

Castro, largely isolated from his neighbors since seizing power in 1959, ended a triumphant tour three weeks ago that took him to Jamaica, Barbados and Grenada.

His newfound acceptance results in part from Caribbean frustration with a U.S. policy perceived as lacking leadership, vision and generosity -- reflected in a 25 percent drop in U.S. aid over five years, to $137 million last year.

Cuba, meanwhile, has increased its donations to an estimated $20 million and handed out hundreds of scholarships at Cuban universities.

A declaration from the leaders Saturday expressed "deep disappointment" that the United States failed to make good on President Clinton's promises to extend the same preferences for Caribbean textiles as those enjoyed by Mexico under the North American Free Trade Agreement.

A Challenge to U.S. Embargo

The statement -- a clear challenge to the U.S. embargo of Cuba -- extended a warm hand of friendship to Cuba and underscored "the significance of (Castro's) participation at the summit."

It was read as Castro smiled from the head table.

Castro argued that the small island nations of the Caribbean must oppose the unbridled capitalism he attributes to the United States.

"The Caribbean confronts the serious danger of a growing marginalization," he said Friday, calling on regional leaders to promote tourism to boost their economies. "Unity is the sole and true strength of the Caribbean."

That struck a deep chord in a region where people fear the vagaries of a global free market in which their small economies cannot compete. In particular, Caribbean leaders are outraged at a successful U.S. legal challenge to trade advantages their bananas enjoy in the European Union.

Caribbean leaders also want Washington to drop its embargo of Cuba, arguing that "constructive engagement" with Castro is the best way to promote human rights.

Cleanup Campaign Moves To Homes and Vue Pointe

Road-cleaning crews have been added to the Cleanup Campaign that has been officially taking place in Salem and Old Towne areas, conducted by the Public Works Department and controlled by the Governor.

On Monday the Governor chaired a meeting with real estate agents in charge of many homes in the Old Towne area. Agents were advised of the clean-up process and offered the private services of the crews for the homeowners.

Of interest is the clean-up that has finally begun at the Vue Pointe Hotel which is reportedly progressing quite well. The absence of hotel rooms and enough accommodation for minimum visitor requirements has been a serious setback to activities on the island. A few guest house-type accommodations have been available but hardly enough to meet the demand. In addition there have been plans for the construction of a small hotel or hotels but those have not yet broken ground.

Businessman Mike Emmanuel, who runs a successful furniture business, Tropic Traders, says that the planned new hotel in the Old Estate section of Woodlands is due to begin shortly.

Meanwhile in the cleanup program, residents and homeowners who have been provided with bags to store the ash for removal are saying that the bags are not strong enough to hold the ash, especially because it has to be handled wet. However, authorities at the EOC suggest that the bags be doubled up for strength.

All of this is with the hope that it will not be too many weeks before the official announcement is made for full reoccupation of Salem and Old Towne.

Denzil West Graduates With Highest Honors

Denzil A.J.(Johnny) West, graduated from Wentworth Institute of Technology (WIT), Boston, Mass., on Saturday, August 22, 1998.

He was duly conferred with a Bachelors Degree in Computer Science 'summa cum laude' (highest honors). This distinction was achieved by only one other member of his class and his Grade Point Average was higher than any other; only 25 of the 301 people who graduated on Saturday were summa cum laude.

West graduated with honors from Barbados Community College in 1995 with an Associate Degree in Computer Science before he started school at WIT, Boston, in Jan 1996.

He became a member of the National Engineering Technology Honour Society, Tau Alpha Pi (invitation only).

Johnny worked from1987 – 1994 as a Customs Officer, HMS Customs and Excise Montserrat. He became the Systems Administrator, responsible for operating and maintaining "ASYCUDA" Automated System for Customs Data.

He began his career plunge in computer science and between 1994 – 1995 became Programmer/Analyst, GIS, Government of Montserrat: Design and development of customized computer applications for government departments in Montserrat. Software training and support.

Working between school, between January – May, 1997, MIS/IT Co-op position, Franklin Portfolio Associates, Boston, MA.

Since November last year he is Information Technology Specialist, Franklin Portfolio Associates, Boston, MA.

West returned to Montserrat every holiday to work, in spite of the volcanic activity in Montserrat. His most recent work was from August – October, 1997 as Data Systems Manager, UK DFID Voluntary Evacuation Office, Montserrat.

The Montserrat Reporter is extremely proud to announce West's achievements. He is the man in charge of creating and maintaining the online version of The Reporter. He has also designed several other Montserrat web sites.

Survivors' Tale

It Sounds Like a Horror Story

By CHRIS HAWLEY

Puerto Rico (AP) -- Alfred Pemberton punched a scarred hand helplessly into his fist, tears dribbling down his hollowed cheeks. He shook his head, too overcome to speak.

For 19 days, he drifted on a tiny boat in an immense ocean, watching as his companions slowly died or went mad. Now, Pemberton and three other survivors are trying to get home to their Caribbean island of St. Kitts.

"After all this ... it's just too much," Pemberton whispered.

On Wednesday night, Pemberton, his friend Bernard Stapleton, and Pemberton's sons Kenrick Harris, 16, and Craig Murray, 14, slumped on patio chairs at the home of Stapleton's sister in suburban Guaynabo, Puerto Rico.

On Thursday, the U.S. Immigration Service promised them free trips home.

Their horrific detour began with a festival.

On Tuesday, Aug. 4, Alfred Pemberton and his sons navigated the 11 miles from Basseterre, St. Kitts, to nearby Nevis in Stapleton's 16-foot fishing boat. Stapleton and some friends had gone over for a festival, and they

asked Pemberton to take them home.

The boat was crowded: the two men, the two teens, a hefty police officer named Llewellyn Allen, Pemberton's cousin Oliver Carty and two friends, John Kins and Joseph Ferlance.

The trip normally takes 25 minutes. At about 11 a.m., two miles from Basseterre, the outboard motor stuttered, then stopped.

"The current was taking us away from Basseterre, so we threw the anchor.

Then the anchor line broke," said Stapleton. "I felt a funny feeling, because you saw the current catching us and the land slipping away."

The men unsuccessfully tried to flag down a ferry and a St. Kitts Coast Guard boat less than a mile away. Desperate, they tied the dead engine to a rope and threw it overboard as a makeshift anchor.

Three hours later, winds tossed the tiny boat, snapping the rope. The men rowed against the ocean until the next day, when one of the oars broke.

The current toyed with them for three days before hurling them into the open Caribbean. "We would be near St. Eustatius one day, then back to St. Kitts the next. Then one day there was nothing," Pemberton said.

The men sipped seawater and killed a slow-moving pelican for food.

But cuts became sores, heat exhaustion became heat stroke, sunburn turned to seeping blisters. Carty developed huge boils.

"About Thursday (Aug. 6), Constable Allen started seeing spooks, saying he was going home, talking crazy," Pemberton said. "He jumped off twice, and we pulled him back in twice."

The others vowed to stay awake to keep Allen in the boat. But while they slept Saturday, he jumped out for the last time and is believed to have drowned.

John Kins died soon after. His companions dumped his body overboard a few days later.

Carty, Pemberton's cousin, was next. Wracking pains in his belly and head spread until he stopped breathing sometime in the second week.

Ferlance, Carty's friend, was the last to die.

The others talked, joked, argued, tried to sing old songs. They prayed a lot and cursed faraway ships and a military airplane that seemed to ignore them.

Beyond the northern horizon, the islands slipped by: Anguilla, St. Martin, St. Croix, Puerto Rico. They were headed west, deep into the Caribbean.

Then, a U.S. Coast Guard plane flew low overhead and dropped a flare. It circled a few times, then spewed a yellow bundle.

"We were so weak, but someone had to go get it," Pemberton said. He dove in.

Inside was a radio. Coast Guard cutters plucked the men from the boat soon afterward.

Soon, the men were in a Mayaguez hospital, being treated for dehydration, malnutrition, skin burns and electrolytic imbalances.

11 Die in Dominica plane crash

Authorities in Dominica are trying to determine what caused the crash of a light airplane on Sunday in which 11 people were killed.

When the crash site was discovered there was a lone survivor, a seven-year-old boy, eventually died following a state of coma at the Princess Margaret Hospital.

Airport officials say the plane was coming from St Maarten when it crashed in Dominica's mountainous terrain Sunday about five minutes before landing at Melville Hall airport.

A policeman, two mothers and their children were among the 11 killed the authorities reported on Monday. Among the victims of the crash were Nyanna Francois and her mother, Josephine Francois; teenager Marlon Royer and his mother, Valda Simon; police officer Glenville Lewis; and Nigerian pilot Chris Elbouba, who was said to have more than 15 years' experience.

The other victims were listed as: 11-year-old Kelly John, Johnathan Lake, Latoya James, Marcus Alleyne and Anne-Marie Guye.

Students Return Home

Science students and their teachers have returned home with some measure of success at the recently concluded Caribbean Regional Science Fair in Barbados.

The science fair was held between Agusut 22 - 24 with students Carla Fergus, Alietha Duberry and Dion Duberry attending from Montserrat, accompanied by teachers Mrs. Cherrilyn Hogan and Mrs. Hyacinth Bramble.

Carla Fergus,  Dion Duberry and Alietha Duberry

Miss Fergus who was judged the best speaker in her category also gained a third prize for her science project which dealt with making tiles from volcanic ash. The young lady recalled on her return while speaking with ZJB News that things were a little different than expected in Barbados: "When we were in Montserrat we gave every detail of the project and every thing that we did, but for Barbados there was a two-minute time limit and we had to go with out paper and project to the judges who were at the back of the room."

The other project, which did not place had a brother-sister presentation of the effects of volcanic ash on the pink mealy bug. Dion said: "I did do my best and I am now better prepared to do better when I go back next time.

The teachers were very excited at Montserrat's performance marveling at ability of Montserratians to perform well even under huge adversities.

Monlec Faces Problems

Some months ago the Reporter had occasion to congratulate Montserrat Electricity Services Ltd. for its performance during the volcanic crisis, for keeping the island supplied with electricity, with very minimal interruption.

This week acting managing director Kendel Lee is asking the public for patience and understanding as they continue to provide and improve the service and attempt to overcome the difficulties that they continue to face over the past year. "What I can ask the Montserrat public to do, is in light of our limitations this time to try and use electricity wisely … also to just be patient with us as we will have to be doing a lot more planned electricity outages and normal trying to improve the system."

Mr. Lee spoke about the circumstances that is hampering MONLEC's service citing off-island evacuation as the main problem, because it impacted on the staff reducing it by almost half, causing a serious reduction in their customer base, which of course significantly reduced its income.

Mr. Lee praised his staff old and new who really rose to the challenge of meeting the problems of the projects that are on-going

Hurricane Danielle Skirts the Leewards

Hurricane Danielle, which developed almost on the heels of Hurricane Bonnie, sped across the Atlantic Ocean Wednesday on a course forecasters said would spare the Leeward Islands from its 85 mph winds, according to a Reuters report out of Miami.

The storm's top winds weakened after hitting 105 mph earlier Wednesday. At 5 p.m. Wednesday, Danielle was about 640 miles east of the northern Leeward Islands in the eastern Caribbean at latitude 20.1 north, longitude 53.4 west, forecasters said. Moving west-northwest at 21 mph it posed no immediate threat to land.

That path kept it well north of the Leeward Island of Anguilla, and there was only about a slight chance the eye would pass within 65 miles of the Virgin Islands or Puerto Rico by Saturday, the forecasters said.

Danielle was following a similar track to Hurricane Bonnie and forecasters said it could threaten the Bahamas early next week.

Hurricane Danielle is the fourth named storm of the Atlantic hurricane season, which runs from June 1 to Nov. 30.

Specialist Group Offers Insurance Claims Analysis

A press release August 14 revealed that Horizon International Group, a team of Adjusters, Assessors, Surveyors, Accountants, and Engineers which specializes in assisting property owners with their insurance recoveries arising from natural catastrophes, had been visiting Montserrat and assisting with the insurance problems that have arisen as a result of the current volcanic crisis.

In conjunction with assisting several of Montserrat's non-government organisations (NGOs), they will provide a free claims analysis and offer settlement solutions to any Montserratians who have not yet resolved their insurance claims. Horizon's office is located in Olveston, on the road leading down from the Salem Secondary School Campus.

Barry McGonigal, Horizon's Montserrat Director, stated, "We have heard many Montserratians complain about: illegitimate changes in co-pays and excesses; the manner in which adjusters offer small percentages of the sum insured instead of producing detailed damage reports; and, the insurers' refusal to increase sums insured and then apply penalties for inadequate insurance. These adjusters and insurers transgressions, along with any other claim adjustment irregularities are being investigated on a global basis and the findings will soon be published. We are especially looking into the 40 percent co-pay and early policy cancellations. The outcome of the investigations, along with the free claim review, should be a benefit to all property owners."

The company continues in the release that in order to receive a free claim analysis, interested parties should stop by their Olveston office or call 491-5937/8. Horizon requests that you bring copies of your insurance policy and any estimates of damages you have received. In addition, they will need copies of all the correspondence you have had with your insurer, agent, and adjuster. Horizon will provide free claim analysis.

For those Montserratians living abroad, you may also contact Horizon at the following numbers:

Antigua and Barbuda 268-460-5000 ext. 401

Florida 941-649-5040 - New York 212-274-9100

All Others Call Collect

Bermuda Issues C&W New 15 year Licence

Bermuda's Minister of Telecommunications, Sen. E .T. (Bob) Richards , announced Monday, August 24, that a new 15 year licence has been granted to Cable & Wireless. The licence will provide the international telecommunications carrier with the ability to compete in Bermuda on the same basis as its competitors.

Executive Director of Cable & Wireless plc, Mr. Don Reed, said that he was very happy with the licence as it provides new opportunities not only for Cable & Wireless customers but for Bermuda as a whole. He said,"We have always believed in Bermuda and, with the new changes, new areas of growth have been created." We look forward to becoming ‘despecified’ on November 1st, 1998. In the meantime, we will introduce new pricing packages, incentives and rates for our customers".

Mr. Reed added, "It has always been our intention to continue providing our customers with world class service. We look forward to introducing new services, which will benefit our current and future customers. Previously we had to receive prior Telecommunications Commission approval for every rate change. From November 1st, we will become a despecified carrier with the ability to introduce rate changes as and when necessary, following the same procedures as our competitors.

"Additionally, the new licence enables Cable & Wireless to become a locally incorporated company. We anticipate this happening in the very near future. Ultimately we will be looking to invite Bermudans to become shareholders of com[any. This will further lay groundwork for continued investment in the local market and build the framework for the company’s success for the next 100 years.

Bermuda will benefit directly from Cable & Wireless global network as new technology is introduced and the company continues to invest in telecommunications infrastructure for Bermuda. Mr. Reed said, " We will continue to look for the best way to bring new technology to Bermuda at cost effective prices. We will always endeavour to give our staff the best training and meet the ever changing demands of the market".

There remain a number of outstanding issues which the Minister of Technology will be addressing in the future, including the interconnection rates paid by international carriers to local carriers.

Mr. Reed said "We are willing to sit down with all parties and assist in any way we can in this matter. This is one of the crucial areas which needs to be addressed and is essential to reducing the cost of international telephone calls for our customers. We are looking for a speedy resolution".

He concluded "A new excitement has been created in the telecommunications industry in Bermuda as a result of the agreement between the Bermuda Government and Cable & Wireless. We are looking forward to talking directly with our customers and ensuring they receive the full benefit of our new licence. 

 FEATURES

Constitutional Theory

by Warren C Cassell

The constitution is the body of fundamental law of a state. Among other things, it governs the relationship between the state and its citizens. The Montserrat Constitution incorporates a Bill of Rights chapter, adapted from the United Nations declarations of Human Rights, 1948. Other jurisdictions also incoporate such a chapter in their Constitutions. This Bill of Rights chapter guarantees the protection of the fundamental rights to life, libebrty and freedom of speech among other rights. Such rights are usually heavily entrenched in some Caribbean Constitutions to safeguard them from being amended by ordinary amendment procedures of Parliament.

Professor Ronald Dworkin observed that any authority of law is normative and is necessarily "embedded in a more general political and more philosophy." The latter component - that is the moral element is consistent with the basic premise on which Natural theory is based. The basic premise is that there are objective moral principles in terms of which human communities ought to be constituted and governed. Contemporary Natural Law theorist, John M. Finnis, further observed that human beings, because they live in a community with one another are confronted with problems of justice and rights, of authority, law and obligation. In light of this, Natural Law therefore seeks to explore the requirements of practical reasonableness in relation to the good of human beings, and thereby "identify the principles and limits of the rule of law and to trace the ways in which sound laws, in all there positivity and mutability are to be derived from unchanging principles which have their force from reasonableness" rather than from any originating acts or circumstances. In other words, this accepted principle of Natural Law postulates that there is some necessary moral foundation of law.

These moral principles referred to by Finnis, have found expression in the Constitutions of the Commonwealth Caribbean particularly in the Bills of Rights. It is hard to dispute with Proffesor Mc Intosh who offers a valid discourse on Constitutional theory, and concluded that it is now common understanding that public authority in a society is to be excercised by a complex of institutions and offices organised according to Constitution. He says that the Constitution is the "essence of the state". The legitimacy of its authority is grounded in moral considerations. The constitution is presumed to rest on certain principles of justice and it is on its claim to embody justice as forming its ideal that an appeal for the citizens obligation to obey must rest.

Thus it is for this reason that is making morals as a basis for its legitimacy, that the constitution grants its citizens certain moral claims against the state. Therefore the terming of constitutions as an agreement among the people in which its material content and arrangement and political power acknowledges and protects the dignity of the individual. In other words, constitutions which claim to be based on justice, and respect for persons will have some statement of civil rights or fundamental human rights as claims which people can bring against each other and the state.

It follows then that in light of this constitutional basis for governmental powers, the Governor or other authorities of the state, when shaping either the administration of the civil service or criminal law must therefore be subjected to the constitution itself, and the moral principles enunciated therein. Hence any actions deemed to be an expression or exercise of a fundamental human right are not to be limited without moral justification for doing so. According to Rawls, each member of society has an inviolability founded on justice or natural right. These human rights are moral rights to which all persons are equally entitled simply because they are human.

As aforementioned these basic fundamental rights and freedoms, have been defined and enshrined and have been made into legal rights in the Bill of Rights of the constitution. Those freedoms are rights in the strong sense in which Dworkin sees them, that is as rights, which the government would be wrong in infringing even if they believe they were benefiting the community as a whole.

Any responsible government must be ready therefore to justify anything it does, especially when it may limit the liberty of citizens. To claim that the act is calculated to increase the general utility; that is the over-all benefit or general welfare of persons is not enough to justify an infringment of a fundamental right. For example, criminal liablility dictates that there must be some morally justifiable reason - something that conforms to one’s moral perception of justice which makes it imperative that government compels citizens to conform to certain standards of conduct. Thus the criminalising of a heinious crime such as murder that is the unlawful taking of the life of another without just cause or excuse, requires very little justification on the part of the state. Life is a unique kind of good because it is the necssary condition for the enjoyment of all other forms of goods. Therefore, every person by and large tends to value his life permanently and any society must place a high value on preserving it. Hence in preserving the sanctity of life, it is an accepted fact in conformity with one’s moral perceptions of justice, that the act of killing another should be criminalized and should be met with the highest level punishment.

Fundamental rights provisions could be read in light of natural law theory. These rights embody the fundamental moral values of our society. It is judges who must interpret the constitution, like any other authoritative legal text, when they excercise their function of adjudication. It has been recognised however, that the constitution, because of its very nature should not be judicially interpreted by following mechanically the usual canons of stautory interpretaions. The courts must eshew a more constructive view of the reality of constitutional protection, especially of fundamental rights.

Owen Fiss in his work "Objectivity and Interpretation" posits the idea of a necessary objective interpretation of the constitution. According to him, the role of the judge as adjudicator involves coming to an understanding of the meaning of the text and values embodied in it. The Judge then seeks not only a plausible interpretation but also an objectively true one. Fiss acknowledges that this objective interpretation accomodates the creative role of the reader (the judge). He recognises that the meaning of a text does not reside in the text, as an object might reside in physical space. Fiss however ensures that one understands the freedom of the judge to objectively interpret the constitution is not at all absolute. Rather the judge must take into consideration "a set of rules that specify the relevance and weight to be aniged to the material".

Professor Mc Intosh puts forward a theory similar to that of Fiss. He states that constitutional theory is fundamentally one of interpretation. This interpretation must essentially be non-positivistic. This means that interpretation of the constitutional text should not rely only on language of the text. Rather, other considerations, such as history, intention and consequences must be regarded.

McIntosh goes even further to state that the constitution is an open or indeterminate text. He says when we speak of the constitution "we are speaking about a text which is essentially incomplete, since hypothetically it could not possibly state all that could have been said once and for all by virtue of the subject it addresses." The judge then in this regard when he applies the law of the constitution with regard to the fundamental rights section has very important role to play in terms of filling in ‘Lacunae’ in the section. One erudite final year law student argues that one may make reference to the existence of sub-rights. She says these would be rights to which humans are entitled which may be rationially justified withing the ambit of the wide conceptions of what is moral and good which is laid out in the Bill of Rights.

A fundamental right therefore, may not necessarily be expressly mentioned in Bill of Rights. Nevertheless, these may be morally, reasons for its justification embedded in the provision of the said section. This is why an interpretation of the constitution should essentially be an objective one.

It is submitted however that certain rules laid down in General Orders limits without justification the rights of civil servants. It is also claimed that it is for the benefit of the wider population. Dworkin is against utilitarian principles. For him the rights of individuals are to be taken seriously, and as such, are to prevail over considerations of general welfare. "Rights" he says "best understood as trumps over some background justification for a political decision that states a goal for the community as a whole".

Rawls supports this view. He posits that jsutice denies that the loss of freedom for some is made right by the greater good shared by others. For him, the reasoning which balances the gains and losses of different persons as if they were one person is excluded. A just society, does not therefore subject the rights secured by justice to political bargaining or to the calculus of social interests.