“Every onlooker is either a traitor or a coward” (Franz Fanon). I subscribe to this view, hence, it would be unpardonable sheer political apathy for me and the Bahamian people to ignore this seemingly political legerdemain that is being played on the ever unwary Bahamian populace by some of the bureaucrats at the Ministry of Education when one looks at the proposed draft legislation by the Ministry of Education for the establishment and incorporation of a National Accreditation and Equivalency Council of The Bahamas.
Many philosophers believe that man is a political and social animal, for whom it is altogether natural to associate with his fellows and make common cause. Not Niccolo Machiavelli, the famous Italian court historian and philosopher, whose best known writing is The Prince. As one of his biographers put it: “There is no hidden hand, which brings all these human activities into natural harmony.” The proposed draft legislation is diabolically unconstitutional. Any first year law student would realize this and no hidden hand or intellectual romancing would prevent Bahamians from challenging this legislation in the court.
We must be cognizant of the fact that the envious nature of man motivated by a schoolmaster mentality and instigated by absolute ego and control can have a social and economic impact on the development of any nation. When one looks at Haiti, Guyana and more recently Argentina their problem stem from the systematic instigation against their citizens’ constitutional rights that deprive them of their economic freedom and social upliftment. Without law and order, you have anarchy and anarchy puts one in a perpetual state of poverty. We cannot allow our government to infringe on our constitutional rights as citizens – that is fundamental. We cannot trust men with the task of guiding us to nationhood without the check and balance of our constitution. The most fundamental right we have is to impart ideas, which is guaranteed in Article 23(l) of our Constitution.
William Shakespeare ought to have been around today. He, indubitably, would be inclined to write a play about some of the members of the Department of Tertiary Education at the Ministry of Education and their intent with regards to the proposed draft legislation – a literary masterpiece above the excellence of any of his previous plays. It is inconceivable that the Attorney General would have read the proposed draft legislation, as it is laughable and conflicts with The Bahamas Constitution.
The proposed draft legislation states in Section 12 (1) that the Minister of Education has the power to institute a judiciary element. This is illegal and cannot be done. The constitution does not give the Minister of Education the right to appoint a Tribunal as noted in the proposed draft legislation. In effect, the Minister becomes judge, jury and executioner. Only a dictatorship government would allow this and the Honourable Prime Minister Perry Christie does not run a dictatorship government.
Moreover, it is repugnant to the provisions of the Constitution of The Bahamas that bureaucrats be authorized to exercise powers which may interfere with any Bahamian citizen’s freedom of expression, assembly and association. As noted in Article 2 of the Constitution:
Article 2 “This Constitution is the supreme law of the Commonwealth of The Bahamas and subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution, shall prevail and the other law shall, to the extent of inconsistency be void.”
In the proposed draft legislation it states in Section 4 (3) “The decision of the Council shall prevail in any dispute regarding assessments conducted by other bodies for the accreditation, or recognition of institutions, providers, programmes and awards.” All final decisions in any nation should be open for arbitration by the Supreme Court; however, not according to the proposed draft legislation. There is no reference made to be able to have recourse in the courts.
The Minister of Education and subordinate officers are not exempt from scrutiny by the Courts. All actions by the Minister are subject to the rights and privileges granted to each individual residing in the Commonwealth of The Bahamas. One such privilege of the Constitution, which is of particular concern, is Article 23, which reads as follows:
Article 23(l) “Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference and freedom from interference with his correspondence.”
This proposed draft legislation was conceived by the Department of Tertiary Education by some really bizarre bureaucrats who suffer from schoolmaster mentality. It does not mention anything about subsidy for tertiary institutions. It is a fascist legislation and an insult to the Bahamian public in a democratic nation. There are forty-five known tertiary institutions in The Bahamas and the Association of Tertiary Institutions in The Bahamas (ATIB) has a membership of about seven active members.
In short, Mr. Prime Minister, the proposed draft legislation to provide for the establishment of a National Accreditation and Equivalency Council is rubbish. In fact, it could lead to major litigation and embarrassment to the PLP government. It is not even accreditation legislation. Basically, it is a neo-Nazi legislation.
Imagine that our Institution offers a course in religious studies and refuse to register with the National Accreditation and Equivalency Council, we would be fired $10,000.00. Is the government trying to criminalize education? This proposed legislation is in direct conflict of our constitutional rights, as mentioned in Article 23(l).
Further, as stated in Article 22(l) of the Constitution:
22.-(l) Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion of belief in worship, teaching, practice and observance.
But the proposed draft legislation states that one needs the approval of the National Accreditation of the Equivalency Council to teach religious studies. If our institution wants to teach a course on the life of Jesus and the Council members are all atheists, would we be fined $10,000.00? If you don’t comply with the Council rules. I reiterate that the Attorney General did not read this proposed draft legislation.
We cannot allow bureaucrats or any government minister to infect their vindictive virus into interests of self-serving, bigoted, narrow-minded ideologies, when looking at our constitution. We must not forget what happened to the Bahamas’ financial legislation.
My views of the unconstitutionality of this proposed draft legislation will be published in detail, which would indicate the grave consequences of such a Bill on our country’s educational system, if it goes to Parliament in its original state.
By Dr. Kevin J. Alcena
