The phrase ‘kot monn fote?’ is etched in our memory – not for any good reason however but rather as symbolical of how the rich and powerful persist with their determined self-interest and their cruel disregard for the rest. He continues to destroy our commons, our livelihoods, our institutions, our social cohesion/our “vivre ensemble”, our economic stability and he subjects us, the citizens of the Republic, to diverse forms of tyranny but his lackeys and cronies continue to unashamedly run to his defense, allowing him to enjoy his rising authoritarianism. The ‘unconscionable’ brandishing of artist Jasmine Toulouse’s picture with F., under the cover of parliamentary immunity, is a grave fault. Of course, the law is subject to different interpretations, and choices we make in appreciating the verdict of courts differ too, with some categorized as ‘evil precedents’. However, nothing can be more evil than ‘ras manze dan labous’ of a mother and her kids.
The UNESCO report “Reshaping Policies for Creativity: Addressing Culture as a Global Public Good” examines the impacts of the pandemic on the culture/ creative industry. It highlights the difficulties that artists around the globe are experiencing, to sustain their livelihoods. Mauritius has not been spared – artists here too are battling to make both ends meet. Jasmine Toulouse is an intelligent, hardworking, talented, charming social justice activist, a young mother who also forms part of the community of artists, who are struggling to bring food to the table.
The troubles of the cultural/creative industry have however not started with the pandemic but rather well before. Mauritius pains to develop a strategy as regards the creative industry, since there is an absence of a clear vision regarding the former. And yet the creative and cultural sector constitutes an important instrument of social cohesion, educational resource, happiness and well-being. Moreover, if given the opportunity, this sector can become a major contributor to the national economy – it can add tremendous value to the country’s economic growth, but only if policy makers can create an ‘enabling environment’ for the industry to flourish. While Mauritian artists are still waiting for this ‘enabling’ environment – in short, an appropriate ecosystem which allows them to express their talent, earn a decent living, and get due recognition – a seemingly heartless, shameless PM, under the cover of parliamentary immunity, waves the photo of Jasmine Toulouse with F., well known figure of the drugs world/the underground economy. The PM’s vile act has caused the young artist a lot of prejudice. Jasmine almost immediately received a phone call from the organisers of a forthcoming concert, informing her that her contract has been annulled. Her work as an artist has been destroyed. Her livelihood is under threat: ‘ras manze dan mo labous ek labous mo zanfan”, as Jasmine herself points out, and to which we alluded earlier.
All we can say for now is that ‘empathy’ and ‘respect for the Other’ as well as for people’s fundamental human rights, do not seem to form part of the PM’s being, yet these are important traits that all good caring leaders should possess. One would have expected that as a father of 3 young daughters, the PM would have understood the pains that young women often face in these increasingly uncertain and precarious times. The toxic environment, infested with drugs, that our children are having to grow in, is a scourge that the PM and his incompetent team within the mafia driven institutions, are failing to address. The current regime has been in power for 8 long years now. This is enough time to put the country back on track. Attempting to justify the regime’s failures by constantly referring to episodes of the pre 2014 era, is tantamount to sheer mediocrity and reflective of a sinking ship.
Jasmine Toulouse, just like the daughters of the rich and powerful, is also a daughter of the soil. She also needs to be protected. Her constitutional rights as a citizen of the Republic must be recognised. Parliamentary immunity, somewhat of a colonial vestige, spelt out in Section 45 of the Constitution, will certainly have to be revisited, when a new government comes to power.
Section 45 (1) under the subtitle: Power to make laws, states
(1) Subject to this Constitution, Parliament may make laws for the peace, order and good government of Mauritius.
And section 45 (2) notes:
(2) Without prejudice to subsection (1), Parliament may by law determine the privileges, immunities and powers of the Assembly and its members.
If parliament has the powers to determine the privileges, immunities and powers of the Assembly and its members, then parliament should also have the powers to lift these out, to get rid of them if necessary. Arbitrary usage of such powers can easily shadow the fundamental rights of citizens. 55 years after independence- it’s about time that our Constitution be reviewed and make room for greater ethics and constitutional morality. But we should in doing so, ensure that we do not throw the baby with the bathwater.
We do not have much further to go; soon the autocrats will be out. Can we, for now, ask the Parliamentary Gender Caucus, that Mrs Hanoomanjee, former speaker of the house, so graciously introduced by amending Standing Order 69, to intervene? Can the Gender Caucus request the PM to apologise to Jasmine Toulouse for having tarnished her image and destroyed her livelihood. Can Jasmine’s contract be re-established in all dignity? Parliamentary gender caucuses around the globe operate mostly to defend and protect women’s interest. The gender caucus is certainly not a platform for mere conferencing, jetting around, shopping and enjoying per diems or commissioning a few studies, which are left to collect dust in the drawers afterwards.
Will the Minister of Arts and Culture and the other Honourable artist in parliament condemn the PM for his ‘unconscionable’ act? Who will pay for the damages inflicted upon Jasmine Toulouse? Will the women parliamentarians and broader civil society encourage and support Jasmine Toulouse, to use her ‘locus standi’ and go to court to defend her case, if she decides to do so? Are our courts progressive enough? Can they start showing some positive signs of judicial activism, as an avenue to protect our culture and creative industry and our artists within. Can we envisage the possibility of the long awaited “Status of artist bill’’ making provision to protect our artists from the ramifications of the Narco state that Mauritius has sadly become? These are only some of the many questions that come to mind while we avidly wait for the introduction of a Public Litigation Act (PLA) by a new government. The PLA can go a long way in giving voice to ordinary citizens and in so doing assist in democratic consolidation.
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