A GUY'S VIEW

Fairness must be the hallmark of state agencies

“We’re paying the highest tribute you can pay a man. We trust him to do right. It’s that simple.” – Harper Lee, To Kill a Mockingbird.

Colonialism is an oppressive relationship based on the assumed superiority of one people over another. It is a concept of power over intrinsic human value and character. Nothing could justify the subjugation of the human spirit which is often a consequence of that relationship, but the cultural exchange sometimes leave traces of usefulness on either side.

The colonial administrative structure is always designed to ensure central control over all procedures and practices that take place in the subjugated country. When control is relaxed and the colony is given a limited form of self-governance, these pillars of control remain.

Barbados has had a colonial history which some may question whether it is indeed in the past. We still swear allegiance to our colonial masters. One useful administrative structure from which we have benefited as a result of that relationship was the principle of an apolitical or neutral civil service. Recent experience may take issue with this idea, but during the crucial years of this country’s early development, that was one of the outstanding features of our governance.

Our American neighbours have chosen a different path – that of an incoming administration bringing its own senior administration with it. This gives a new administration the opportunity to disrupt whatever programmes were in place before and set its own course. Continuity in government is not given too much merit in that system.

This approach to governance notwithstanding, there are some important agencies of the state that cannot be allowed to be caught up in the frivolity of partisan politics. The justice system is one such arm of the state. In the United States, the Federal Bureau of Investigations (FBI) is one of the entities that must always sit above politics.

A report published on Thursday last week by the Inspector General of the Justice Department looked at that country’s justice system against the background of the run up to their 2016 presidential election. While many of its findings were quite tame, it underlined the importance of law enforcement operatives sticking to fairness and being completely unbiased in their work.

Michael Horowitz, the Inspector General, found that there was inappropriate conduct on the part of a number of individuals, including persons at the very top of the justice system: Loretta Lynch, then Attorney General, and James Comey Director of the FBI. Persons further down the line were also found to be at fault in terms of their professional conduct, or lack of it.

Attorney General Lynch was criticised for having a conversation with Bill Clinton, while his wife was under investigation. This was a question of debatable optics, but, in my view, was of no real consequence. Yes, the appearance of justice and lack of bias is not to be underestimated, but it would be most unfortunate if one could not be fair and unbiased in an investigation of any kind and have a civil conversation with an old acquaintance and the spouse of the subject of an investigation. It is not naive to trust the integrity of officials to do their jobs correctly, notwithstanding their ordinary relationships.

The report’s criticism of FBI director Comey was more substantial. According to the report, Comey’s conduct was a departure from the FBI’s rule of not discussing investigations and his decisions “negatively impacted the perception of the FBI and the Department as fair administrators of justice”.

The world well remembers when Comey, just days before the election, announced that the FBI was reopening the investigation into the emails of Hillary Clinton, but said absolutely nothing about the fact that Donald Trump and his campaign were under investigation as well. The common view is that Comey’s ill-timed announcement gave the election to Donald Trump. This conclusion seems reasonable.

The Inspector General claimed that there was no political bias, although Comey was a registered Republican and what he did was unprecedented and could have only one effect; that of harming the electability of Clinton. Comey’s explanation of his decision rang hollow.

For me, if no one else, it is poetic justice to see how Donald Trump has done everything to destroy Comey’s reputation and his legacy as an excellent FBI Director. My view is that he compromised his standards to assist Trump and his party and he is now being repaid for his trouble. Good for him.

There is absolutely nothing wrong with a professional having a political preference, but if one’s politics cannot be put aside when one directs one’s mind to his or her professional duties, that person is in the wrong job. It was reported that lower FBI operatives thought that Trump was a problem and said so in their personal communications, but these thoughts were not translated into the steps taken by them during their investigative work. The same may not be said for Comey.

The lesson comes from the United States, but the entire region should learn from it. The Caribbean is a small theatre and it is inevitable that persons at all levels of these societies will know each other or of each other. This fact makes it easier for bias to creep into decision-making. It also makes it even more important for persons in authority to be very careful when they make decisions that affect the lives of others.

Along with bias, nepotism is never far from the door of those who make decisions that benefit others. While this is of major importance in large countries, it is almost impossible to avoid the appearance of this occurrence in our small spaces, for even persons who appear to be enemies may have a common ancestor somewhere in their history. When we in the region address our minds to these subjects, therefore, we must take into account our unique reality.

In light of our history and societal norms, it is dangerous for us to copy laws from larger jurisdictions without considering their adaptability to our reality. We cannot afford to be biased in our official dealings, but the checks and balances we implement to prevent this must be structured to suit our particular circumstances.

Barbados Advocate

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Advocate Publishers (2000) Inc
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