Magistrate Tiyani Behanzin Speaks Out

SON OF FORMER  DOMINICA PRIME MINISTER THE LATE  ROSIE DOUGLAS PROPOSES  MAJOR REFORM AS LASTING LEGACY TO HIS  FATHER

“There is  almost no trace of Rosie and it is very sad,” laments son of 
late Rosie  Douglas 
Tiyani Behanzin, a  British-trained barrister and sitting magistrate in 
Dominica is  overwhelmed with grief that there is almost no trace of his 
father, no evidence  that Rosie Douglas, the man who spent a lifetime working for 
the advancement of  black people worldwide  ever lived.  “When we look at 
his legacy, apart from him being almost completely erased, it  is as if he 
never really existed in a sense.. I think there are those of us who  will 
peddle his name to raise resources, peddle his name to find new friends but  the 
principles that he gave which could impact on the way we live now, most of  
which are forgotten and I think that’s sad.”    Behanzin, a son the late Rosie  Douglas  is proposing  sweeping reforms to 
Dominica’s political  system that would be a permanent and lasting legacy to 
the memory of his father,  former Prime Minister, Rosie Douglas, who died 
ten years ago in office on  October 1st 2000. 

On Friday, October  15th, the actual birth date of Rosie Douglas, Tiyani 
Behanzin  delivered a lecture on the topic:  New Perspectives on the legacy of 
 Rosie Douglas at the University of the West  Indies School of  Continuing 
Studies in Roseau.   

Behanzin identified three  areas for reform which his father placed high on 
his agenda of priorities in his  short tenure as Prime Minister of 
Dominica: corruption and good governance,  campaign financing and the greater 
involvement of  overseas-based Dominicans in the  country’s development.  
On the issue of corruption and  good governance, Behanzin spoke about the 
failures of just about every country  of African descent. 

“Just about every single  territory that we hold now, those of African 
descent, we have made a complete  mess of the issue of governance. Because it is 
not a meritocracy we are running.  We are running a ‘favouritism’, we are 
running ‘a connection’, we are running a  ‘who you know’ society and that 
is detrimental to our survival on this small  little rock,” Behanzin said.  
Focusing on Dominica, the  attorney quoted from an address delivered by the 
former Dominica Prime Minister,  Hon. Rosie Douglas on the swearing- in of 
the Cabinet of the Government of  Dominica on February 7th 2000, in which he 
spoke about the negative  impact of corruption in government.  

“Secondly, I must speak to the issues of  good governance and the 
elimination of corruption in the economic management of  the island. We must evolve a 
political culture that is intolerant to corruption.  Perceptions of high 
levels of corruption act as a strong disincentive to genuine  foreign 
investors and domestic business.  But above all, it increases cynicism about 
politics and public policy and  brings government into disrepute.”  
Behanzin pointed out that the  Integrity in Public Office Act of 2003, like 
some laws in Dominica is  “archaic” and the Act in its present form “has 
very little teeth or if it does,  it has milk teeth”. 

“ It seems to me  the Integrity in Public Office Act  should  be such a 
profound statement  of statehood that we should be prepared, that just reading 
it alone would  frighten the daylights out of anybody  considering, 
considering even  to  help themselves to any  state assets  or any benefit or  
derive from  connections that is unjust because it is against our very  survival.”
  
The sitting Magistrate quoted  sections of the Act that he believes are not 
tough enough to deter persons in  public life from stealing state assets. 
He quoted Section 43 of the Integrity in  Public Office Act.  
“Any person who commits an  offence under this Part is liable (a) on 
conviction on indictment to a fine of  twenty-five thousand dollars or to 
imprisonment for a term of ten years or to  both such fine and imprisonment and (b) 
on summary conviction, to a fine of five  thousand dollars or to 
imprisonment for a term of two years or both such fine  and imprisonment.”  
He pointed out that the  penalties imposed on persons convicted of drug 
offences under the  Drugs(Prevention of Misuse)(Amendment)  Act 1993  are far 
stiffer than the  penalties imposed on  those public  officials who  breach 
provisions of  the 2003  Integrity in Public Office  Act.  
The son of the former  Dominican leader lamented the fact that “for drugs 
you can pay millions,  thousands of dollars, but for stealing state assets 
you pay $5000”.   

Section 43 (b) of the  Integrity in Public Office Act states  that a person 
who commits an offence is liable on summary conviction  to a fine of five 
thousand dollars or to  imprisonment  for a term of two  years or to both 
such fine and imprisonment.  

The Dominican magistrate  described as “foolishness” Section 47(1) of the 
Integrity in Public Office Act  on the possession of unaccounted property.  
“ A person in public life who  is found to be in possession  of  property 
or pecuniary resource disproportionate to his legitimate sources of  income 
commits an offence and is liable on summary conviction, to a fine of two  
thousand dollars and imprisonment for a term of two years and to forfeiture of  
the assets so found.”  

As a lasting legacy to his  father, Behanzin proposes much longer jail 
terms, including mandatory sentences  of up to twenty (20) years or life, larger 
fines and forfeiture of assets so  found for public officials who breach 
the Integrity in Public Office Act.   

“If we want to protect the assets of the  state, and make it unpalatable 
for those who have itchy fingers, then let’s give  the Act some teeth… 20 
years mandatory sentence. So if you steal money from this  poor state, you take 
your twenty years.”  

The magistrate also proposed  as a lasting legacy to his father, the 
establishment by the Integrity Commission  of a Truth Commission to be headed by 
the Bishop of Roseau. The commission  would be a go between to flush out 
those who have information on other people  who may be in public life. It would 
meet once a year and would offer immunity to  those giving information on 
the “big cats”.  

He added  that in the “spirit of what Rosie would  have wanted “although 
you may not be in public life,  if somebody in private life  allows you to 
hide assets they have  derived and stolen a benefit from the public, then your 
assets should become  liable for seizure”.  

As   a lasting legacy to his father,  Behanzin also proposed major reform 
in the way political parties are funded at  election time. The   Dominica 
Labour Party  2005 General Election campaign was arguably the most expensive in 
the history of  electoral politics in Dominica. The campaign  which lasted 
more than two months  featured massive rallies with live foreign and local  
bands and artistes and powerful music  systems, billboards, thousands of 
T-shirts and other party paraphernalia as well  as the buying out of large 
segments of air time on radio and huge advertisements  in the newspapers. The 
December 18th  2009 election campaign was just as  extravagant except that 
this time the main opposition United Workers Party(UWP)  did not have the money 
 to compete  with the ruling Dominica Labour Party, which reportedly spent 
in the region  EC$22 million or EC$5 million pounds on the their campaign.   
Behanzin argued that a small  fledgling democracy like Dominica cannot 
afford the huge sums  that are being expended during election campaigns and 
suggested a general debate  in the society about the state funding political 
parties and an increase in the  deposit to be paid by all candidates.  
Behanzin’s proposals for  reform on the way political parties are funded  
has its genesis in an   address by the late Rosie Douglas  on February 7th 
2000 days after he had been sworn in as Prime  Minister.  

“It appears that we need  robust control over election spending to ensure 
that all political parties are  properly accountable to the people of 
Dominica, to prevent conflict of  interest and the exercise of interest and 
exercise of improper influence. We  need to ensure that politics in this country 
does not become a matter of who can  spend the most. This is wrong. This is 
very wrong.”   

Behanzin stressed that reform  on the way political parties are funded “
would be a good fitting legacy for  Rosie Douglas, because it means that the  
people will  decide without any outside influence or the power or weight of  
cash.” 

The third major area of reform  cited by Behanzin is the right of 
Dominicans based overseas to vote at election  time in Dominica. Presently any 
Dominican  registered to vote, whose name is on the voters’ list has the right to 
vote in  Dominica. At the last election, the  ruling Dominica Labour Party 
brought in  hundreds of persons, some  say thousands by plane and boat and 
may  have in the opinion of many distorted the overall result and given the 
ruling  DLP an unfair advantage over the cash-strapped UWP. The result was 
18-3 in  favour of the D.L.P the party’s best result since 1966.   

Under a proposal suggested by  Behanzin, the number of constituencies would 
be reduced from 21 now to as low as  15 seats, with two virtual seats for 
Dominicans resident overseas. Behanzin said  that it is ‘dangerous’ for  
Dominicans living overseas to return home and vote in constituencies they are  
registered as this practice could affect the outcome of the election  
result.  He argued his proposal for  two virtual seats just  for overseas  based 
Dominicans would be feasible and fairer than the present arrangements.   
Economic citizens who don’t  live in the country ought not to have the 
right to vote under proposals outlined  by Behanzin. That class of people must 
be living in Dominica for five years in order to be able to  vote in 
elections in Dominica.  

The creation  of a different  state  where good governance, honesty and  
integrity in government are embedded in our political system,  where the state 
funds political parties,  thereby eliminating outside interference  and the 
creation of a fair and equitable  system to allow for Dominicans resident   
overseas  to vote in elections, would be a  permanent and lasting legacy to 
the  memory of  his father, the  statesman, Hon. Rosie Douglas, Tiyani 
Behanzin  concluded. 
22/10/10