? Economic&PoliticalwEEKLY =~ _ ? ==?

JANUARY 30, 2010

Haiti's Lesson
The earthquake is being used to entrench neocolonial control over Haiti.
Both in its death and destruction, the earthquake which hit

its loss of colonial property (inclusive of its slaves). This indem

Haiti - one of the poorest countries of the world - has been

nity, equal to $31 billion in present day value, was being collected

calamitous and heart-rending, leaving more than a hun

by France till 1947 and paid through a debt from us banks. The us

dred thousand dead and destroying the already fragile infra

structure of that country. It has mostly been perceived by people

replaced France as Haiti's principal hegemon and even occupied

it formally from 1914 to 1934. Later, Haiti was ruled by the

all over the world as an unfortunate, even "unfair", natural

Duvalier father-son duo under us patronage.

calamity on a people already suffering the million affronts of

acute poverty and underdevelopment. The global community's

marines were back in Haiti to remove the democratically elected

reaction, led by the United States (us), has appeared prompt and

Even after popular protests deposed this dictatorship, us

generous, us president Barack Obama appointed former presi

Haitian president, Jean Baptiste Aristide, who was allowed to

return by Bill Clinton after he agreed to sell Haiti's electricity

dent Bill Clinton in charge of the relief operations while us secre

company to us "investors" and remove tariff protection for Hai

tary of state, Hillary Clinton flew into Haiti's capital Port-au

Prince to oversee relief measures. The United Nations too acti

by Haiti's population remained suspect for the us, which sent cia

vated its relief operations, as did countries like France, Brazil and

agents who kidnapped Aristide from the presidential palace in

tian agriculture. Despite this, independent democratic assertion

Britain. Apart from governments, people all over the world have

2004, put him in an unmarked us military plane and shunted

come forward to help. Unfortunately though, the manner in

him off to the Central African Republic. Colonialism is alive and

which the us and other countries have responded will only

strengthen Haiti's structural poverty and dependence.

Haiti was among the richest colonies of the world in the 18th

well in Haiti. The land of the invincible black slave army is not
allowed to have an army of its own but is "protected" by an, almost

white, un army composed of us, French and Brazilian troops!

century, accounting for two-thirds of the total value of colonial

The same neocolonial policies, which have destroyed Haiti, are

trade for its owner - France - at the time of the French revolution.

visible in the post-earthquake aid effort. Washington has forced

In 1791, inspired by the French revolution, the slaves of Haiti

revolted against their white masters and finally attained inde

which now decides whose, and what, aid comes into Haiti, us se

Haiti to hand over control of its airports and ports to the us army

pendence in 1804 to become the first non-white colony in the

curity and infrastructure contractors, made infamous in Iraq, are

world to gain independence. Its "slave army" defeated four of the

already getting into Haiti as part of this aid. Other indications sug

mightiest colonial armies of their times - the army of the French

gest that Haiti will be given more doses of colonial style "laissez

republic, the armies of Spain and England who tried to replace

faire" economic policies and its state will be kept under the sharp

France as Haiti's colonial master, and finally Napoleon's army

philanthropy of the very same powers which, over the last two

sent to regain Haiti for France. Independent Haiti, for the first

centuries, have done everything they could to denude, destroy and

time in history, extended the principles of "Liberte, Egalite,

denigrate the country and its proud people. The western media is

Fraternite" to non-white humanity, and thus became a living

example of the self-emancipation of non-white colonised people

already full of stories of "looting" and "crime" in Haiti, and the in

and, crucially, of the vulnerabilities of the mighty colonial armies.

the other hand, Caribbean media, including reports from Cuban

volunteers inside Haiti, indicate that the Haitians have come

Further, independent Haiti provided asylum to anti-slavery and

anti-colonial forces in the western hemisphere. Simon Bolivar

and us anti-slavery groups both got asylum and support from
Haiti's independent black republic.
Haiti was taught a "lesson" for such temerity. It suffered one of

the longest naval blockades of modern history from 1804 to 1863

ability and helplessness of its people to deal with the tragedy. On

together to help each other, crime is almost non-existent and re

habilitation actually is working better where western aid agencies,
with their bottled water and all-terrain vehicles, are absent.

Haiti surely does need help at this moment when its houses,
hospitals, schools, offices, roads, ports and morale are down. Un

which crippled its economy and impoverished its people. Further,

fortunately, it appears that this tragedy, and the humane response

to end the blockade, it was forced to pay indemnity to France for

it has generated all over the world, has become another tool in the

Economic & Political weekly E33S3 January 30, 2010 vol xlv no 5 5

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hands of the global powers to perpetuate the very same under help Haiti, also takes up the political responsibility of opposing
development and poverty which so hollowed out Haiti that every

such vested political and economic interests from further victimis

thing collapsed with the earthquake. It is therefore important that

ing the people there. Aid should be used to lessen the pain of Haiti,

global popular opinion, which has come out so handsomely to not made into yet another lesson in colonialism.

'Sunlight Is the Best Disinfectant'

Independence of the judiciary was not meant to render it unaccountable.
It was a matter concerning the scope and applicability of the
Right to Information (rti) Act, 2005. More specifically, refer

land meant for redistribution to the landless, and putting these

lands under a common fence - came in the wake of the controver

ence was to declarations of assets by the judges of high courts

sies over judges' declaration of their assets and various scandals

and the Supreme Court (sc). And, the litigant was the sc (its

involving them. In respect of the latter, the cases of former cji

secretary-general could not have been the appellant without being

Y K Sabharwal passing orders concerning commercial properties

instructed by the Chief Justice of India (cji)). A ruling by a full

that directly benefited his sons who were business partners of

bench of the Delhi High Court, headed by Justice A P Shah, one of

some developers of malls, the Ghaziabad provident fund scam,

the best judges in the country today, on an appeal challenging the

and the "cash-at-judge's-door" scandal that rocked the Punjab and

order of a single judge, held that the Supreme Court cannot shield

Haryana High Court come to mind. But the Veeraswamy judgment

itself from the exemptions provided by the rti Act, more specifi

of 1991, which stipulated that a First Information Report cannot be

cally, the fiduciary relationship and privacy clauses.

registered against a judge or chief justice of the high courts or

The sc and the high courts are not only "public authorities" judges of the sc without the sanction of the cji in the matter, is a
under the rti Act, but the disclosures about their judges' assets big hurdle as far as the very launch of a criminal investigation
are essential elements of judicial accountability, including trans against a judge is concerned. Then, there is the clause about low
parency. The Delhi High Court thus held that the main restraints

ering the dignity of the court in the Contempt of Court Act, 1971,

on the disclosure of their assets that the sc judges wanted cannot where even if one were to expose a judge with evidence, there is

be applied. Surely this will help in the struggle for judicial

accountability, for if a judge fails to make an honest disclosure,

always the risk of being charged with contempt of court.

Independence of the judiciary is essentially a check against the

someone in the know can point to significant properties not arbitrariness of the executive. To guard them from political inter
declared, or questions can be asked about whether the judge's ference, judges are virtually irremovable except through im
assets are disproportionate to his/her known sources of income

peachment by Parliament. But impeachment is exceedingly diffi

cult where political considerations invariably prevail in voting to

over the concerned period.
The cji, K G Balakrishnan has recently stated that the allega decide on a judge's ouster. The only motion of impeachment so

tions against the Chief Justice of the Karnataka High Court, far in independent India was in 1991, against justice V Ramaswami,
P D Dinakaran were made only after he was recommended for who was found guilty of wilful and gross misuse of office when
appointment to the sc. In other words, why did the lawyers of the he was the chief justice of the Punjab and Haryana High Court,
Forum for Judicial Accountability and members of the Commit but it could not get the support of the two-thirds majority in
tee on Judicial Accountability not express their misgivings about Parliament that was required to sustain it.

the integrity of Justice Dinakaran when he was a judge of the

What are then required are truly independent judicial

Madras High Court, and later, when he was appointed Chief Jus

appointments and complaints commissions, with the powers to

tice of the Karnataka High Court? It is here that the importance

investigate under their control. The present "collegium" that

of the right to know as part of the right to free speech comes in,

recommends appointments to the higher judiciary does not seem

and if the people have the right to know about the background

to be free of nepotism and the existing in-house judicial council

(including the assets) of a Member of Parliament (mp) or Mem

that is meant to rein in professional misconduct suffers from the

ber of the Legislative Assembly (mla) - or even of a prospective

usual conflicts of interest. An appointments commission, if one

mp or mla - why not the same about a prospective or actual judi

comes into being, should even hold public confirmation hearings,

cial authority? If disclosures of assets had been the norm, then where citizens can give evidence about the background of a judge,
charges of misconduct and corruption might have surfaced much which will then be taken into account in deciding upon his/her
earlier than they in fact did. And, of course, the manner of select

appointment. After all, the flaws in the present systems of judicial

ing and appointing judges and of dealing with allegations of mis

appointments and dealing with complaints have been major im

conduct and corruption against judges leaves a lot to be desired.

pediments to checking the erosion of integrity in the judiciary. The

Secrecy and lack of transparency prevail in these matters.

denting of public confidence in the legal system has been the

It is pertinent that the allegations against Justice Dinakaran -

inevitable consequence. The judgment penned by the full bench of

including those of acquisition of 300 acres of land in three villages

the Delhi High Court, headed by Justice A P Shah, is however a

of Tamil Nadu, encroachment upon 150 acres of land, including

source of hope - "sunlight is the best disinfectant", it says.

6 January 30, 2010 vol xlv no 5 13323 Economic & Political weekly

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