EMANCIPATION Too – a relevant republication for the Republic, yea our Nation….

This is the text of the ‘Emancipation’ column published in the Business Guardian of 30th July 2009 as my attempt to grapple with some of the the unspoken causes and consequences of this huge fiasco.

I am republishing for two reasons…

  1. Firstly, there have been recent attempts by several people to claim that the Hindu Credit Union part of the Colman Commission is not related to ‘race’…that was surprising since some of those were people who ought to know better – Sir Anthony Colman, the Guardian Editorial-writer and of course, Andre Bagoo. In my opinion a significant part of these two interlinked stories – the CL Financial and HCU collapses – is rooted in our own issues with race. It would be a grave error to dismiss race in trying to understand these crises.
  2. Secondly, the original column was published before this blog was launched, so this is a way of putting the point to those who missed it on the first subscribers.

I have not had the time to delve into the role of race in the HCU matter, so this is my offering in relation to CL Financial and our own African Emancipation Day celebrations…maybe readers can share with me if they see the relation between this situation and the HCU one…


Emancipation

This week the meaning of Emancipation is considered alongside the CL Financial fiasco. It is a painful, but necessary, task. Those of us concerned to commemorate the Emancipation of African people from slavery must have the courage and clarity to reflect on our past, both the distant and the recent. In reflection we can find direction and perhaps, the beginning of a solution.

How, if at all, is the CL Financial fiasco connected with the story of Emancipation? I deliberately use the word ‘story’ since it is clear that there are many versions of this period in our history. I say ‘our history’ because, whatever the race of today’s readers, the Emancipation journey is of vital concern to the progress of humanity.

There were notable and honourable African leaders who put up strong resistance to the efforts by Europeans to enslave their people. But the sad and inescapable fact is that there were others who thought of the process differently. It is a painful matter to discuss, but the fact is that some African rulers collaborated with the European slave-traders to capture and sell their people. Not all, but enough to make the difference. Without getting into the entire history, which is way beyond the scope of this column, the actions of that group of rulers were enough to ensure the success of the entire monstrous project. The Atlantic slave-trade shaped large elements of today’s world and we have been trying to build a new one ever since. Yes, an immoral and greedy group of rulers put a greater value on their personal enrichment than the well-being of those they were entrusted to lead.

The entire society paid the price for the selfish ambitions of these rulers.

One of the most striking things about the CL Financial fiasco is that Lawrence Duprey is one of us, an indigenous Caribbean man. Yes, a black man, with African blood flowing through his veins and that is something that has not formed part of our public discussion so far. One of the strangest features of these times is how, despite the over-supply of media, critical issues are not discussed. When one considers that the vast majority of the population of the region comes from an African background, it is striking that Lawrence Duprey is the only such tycoon in the region with his level of profile. But wait, I almost forgot that there is another one. Yes, I am speaking about Michael Lee Chin.

Whichever way you slice it, this is extremely telling and as a result Duprey carried a peculiar set of expectations. Because of his unique profile as a black man, the fact is that Lawrence Duprey was the recipient of widespread admiration, envy and wonder. That is our society and that is one of the ways we deal with its ugly realities.

To go further, the leading people in the CL Financial team were also black. Yes, most of the CL Financial team have African blood flowing in their veins. Yes, by now I can hear some readers saying things like – ‘But X or Y doesn’t think that they are Black’ or ‘So what?’ or ‘Exactly what is your point?’. That kind of skepticism is expected when one discusses this kind of issue. In fact it is my view that the underlying attitude is the very problem.

At the same time, let us note that the regulators are themselves black people. Yes, the picture I am painting is that the main players are virtually all black people – the Cabinet, the Central Bank and the CL Financial/CLICO chiefs.

We African people have come from far, both metaphorically and physically. We now find ourselves in a sorry place with this CL Financial fiasco. We have a particular responsibility to do better this time around. There is no escaping that fact.

CLICO was built around the ideal, by its founder Cyril Duprey (Lawrence’s cousin) that ‘Give a man service, give a man value and he will give you more business’. Simple, but strong, those were the foundation stones of CLICO. Truth prevailed and with hard work the company prospered. CLICO developed unprecedented levels of investor confidence, as a black company (indigenous) in which one could have faith. Given our history as African people, that level of investor confidence is no small or incidental thing. It could only have been the result of solid vision and diligent long-term application, to name just two of the qualities of the founder.

CL Financial was established as a holding company and rapid diversification followed, with investments in a number of areas unrelated to conventional insurance business. As a result of its success, CLICO was able to provide most of the cash to pay for the group’s unorthodox expansion.

At that stage, the activities of the group shifted to reflect the new ambitions of its new chiefs, most notably its Executive Chairman, Lawrence Duprey. Those activities ultimately undermined the stability and health of the whole.

The Emancipation story has many lessons, but the central one, from my point of view, is that many of our rulers lost sight of the balance between private wealth/privilege and the public good. Are we doing better now? For us, in this Emancipation week, it is useful to consider the extent to which we have learnt from our past.

The actual behaviour of the CL Financial chiefs and the group’s shareholders in this moment is instructive. At every turn, the public good has been shafted in favour of private wealth. From the payment of dividends while CLICO’s Statutory Fund was in deficit to the payment of dividends to CL Financial shareholders after they wrote for urgent financial assistance from the State. The pledging of assets which had already been pledged and the attempted sale of assets contrary to the original MoU. The shocking statement of CLICO’s new boss that $5.0Bn was missing from its Statutory Fund and the utter silence subsequently as to its whereabouts.

All this shocking behaviour and no sign of any reprimand, charge or censure from our rulers. Instead, we are told that our entire Treasury has been pledged to assist savers and restore shareholder value. Trinidad & Tobago is a land of many firsts, but this is a tragic one.

How did we get to the point of pledging our common wealth to restoring value to a few privileged people who are showing no proper regard for the public good?

Do we have the moral fibre to recognize what has gone wrong in our past and behave differently?

The Sacred Cow

 

It has been virtually six months since my last commentary on the CL Financial fiasco, my silence was due to other pressing duties, but Terrence Farrell’s No Sacred Cows published in the Trinidad Express on 16 July demands a proper reply.  For those of you who have not read it, this is a good time to take the chance to do so, by clicking on the link above.

The fact that there are potent questions of whether the best process was followed in making the critical appointment of the new Central Bank Governor, Jwala Rambarran, has been raised by several commentators, most notably in last week’s BG View Is Jwala’s appointment good or bad for T&T?  Those questions revolve around the scope of discretion which our governments are allowed in these matters and the extent to which the public interest can be sacrificed in favour of what can appear to be political favouritism.  Matters of public importance must always be open to robust scrutiny in the press.

My own view is that there is a critical series of Central Bank issues which are in danger of being obscured by the line Farrell has taken in this debate.

Email exchange with Dr. Terrence Farrell

On Tue, Jul 24, 2012, at 8:53 AMTerrence Farrell wrote:

Dear Mr Raymond,

I took note of your article in today’s Express. I do not respond in public to comments on articles I write and I will continue that policy in respect of your comments. I merely attach for your perusal the Adlith Brown Memorial Lecture I delivered at the Central Bank in November 2010, and in particular the sections dealing with CLICO and CL Financial. That lecture was delivered before a full auditorium including Governor WIlliams and his top staff. Suffice it to say, it did not endear me to the Bank!! My name did not appear on the Bank’s invitation list for about a year afterward.

You do not know me, but I am not one who ‘puts water in my mouth’. I call a spade a spade and a shovel a shovel. Those who suggest that I leave my critiques only for this government have not read or have forgotten my article in the T&T Review on ‘Our Irresponsible Elite’, my articles in the Express on the Integrity in Public Life Act and sundry others. Re the Central Bank and CLICO, I did not have all the information then since the inquiry had not yet started and in fact up to now, the Governor and the Bank have not yet testified to the Commission. They should do so in September. But I felt I knew enough to suggest that the Bank had failed in respect of CLICO and CL Financial.

The assessment of Williams’ tenure will come (and I may well do it myself) and in that assessment the CLICO/CL FInancial debacle will not have done the Bank proud. That though is no reason to now appoint a new governor of questionable credentials and no argument to defend the ongoing assault on our institutions.

Stay well

Terrence Farrell


On Tue, Jul 24, 2012 at 9:27 AMAfra Raymond wrote:

Dear Dr. Farrell,

Thank you for your swift, pointed response to my article in today’s Express.

I am familiar with the Adlith Brown Memorial lecture you delivered in November 2010 and it is my view that, given what was known at that time, your critique of the Central Bank was muted – space limits did not allow me to delve into all those areas, but the evidence I cited in today’s article was all available by mid-2010. You did say that you may make a full critique of the CBTT’s role in this fiasco and that would be interesting to consider. I am not surprised that you were off the CBTT ‘guest list’ for a spell, which that tells a sad story of hubris and such.

With respect to the new Governor and for what it is worth, I am all in favor of us upgrading these systems by which key appointments are made, as per the second para of my article. I will be sure to hold him to the same high standard to which our leaders should set.

Thanks for taking the time to respond.

Afra Raymond

http://www.afraraymond.com

Sent from my iPad


From: Afra Raymond
Date: Wed, 25 Jul 2012 12:18:41 -0400
To: Terrence Farrell
Subject: Re: Your Article in Today’s Express

Hello Dr. Farrell,

I am soon going to publish onto my blog an expanded version of the Express article and would like to include our email exchange, along with your 2010 Adlith Brown Memorial lecture – I am seeking your agreement to that.

More than just this immediate request, the fact is that the decision of our educated classes to opt-out of the public debate has led us to a time which is much poorer, in all the senses of that phrase…The voices we hear are largely party-political roars which are barely-sensible, the reluctance of our thinking-class to engage in a critical discourse is really the source of the brandy being served in ever-stingier portions, with some people choosing to express it as a declining (I should have written ‘increasing‘) proportion of water…As always, these issues have more than one cause and I am inviting you to reconsider your stance of not responding to comments on articles you write…let me just say that in other places it would be a matter of professional pride and minimum editorial standards that such a response be forthcoming…Of course, we might agree that not everything foreign is to be imitated, but surely such habits which cultivate progressive discourse are to be emulated….

I await your reply…

Thank you

Afra Raymond

http://www.afraraymond.com


On Wed, Jul 25, 2012 at 2:49 PMTerrence Farrell wrote:
Apologies for the tardy response. I am out of the country and did not have Internet access for a while.

I have no problem with you publishing the exchange on your blog. The Lecture should be on the CCMS website.

Terrence Farrell
Sent from my BlackBerry® device from…


From: Afra Raymond
Date: Wed, Jul 25, 2012 at 2:00 PM
Subject: Re: Your Article in Today’s Express
To: Terrence Farrell

Much appreciated, I do hope you can find time to ‘tune-in’ to our discourse…

Dr. Terrence Farrell

For those who do not know, Dr. Terrence Farrell is a former national scholar and a highly-educated member of the regional financial sector.  Among his several top positions, he has been a Deputy Governor of the Central Bank of T&T.  In addition, he has also held top-level private sector appointments in the financial industry.

In writing on the CL Financial fiasco, I have adopted the phrase ‘Code of Silence’ to describe the unspoken agreement that the entire mess is to be mentioned as little as possible.  That silence is especially pronounced amongst those best equipped to analyse the issues, so the intention of the Code would appear to be to preserve the existing order of things.

Silence is the Enemy of Progress, so this crisis has exposed an abysmal showing from our most educated brethren, miserable really.  Nothing from the Accountants, Lawyers, Bankers, Insurance or other professional and industry associations.  UWI is only now becoming involved in the necessary discourse.

So, why am I taking precious time to respond to Terrance Farrell?  A few examples to show my concerns –

Firstly, in the 30th January 2009 Central Bank Press Release – by then Governor Ewart Williams – on the first page we are told:

…In our regular monitoring of CIB, and of Clico since 2004 (when insurance supervision was transferred from the Ministry of Finance), the Central Bank has consistently focused on these deficiencies but have been stymied by the inevitable challenge of change and by inadequacies in the legislative framework which do not give the Bank the authority to demand these changes….

So we need to pause here and look closely at the three facts before us –

  1. Ewart Williams was saying that since 2004 serious problems were identified in the CL Financial group and that he did not have the proper tools to deal with these.
  2. Within a week of that fateful bailout date, our Parliament had debated the Central Bank (Amendment) Bill and the Insurance (Amendment) Bill, both being assented to on Friday 6 February 2009.
  3. Farrell’s opinion is that the Governor must be “…sufficiently strong and respected to keep the financial system stable…”.  In his appreciation of Ewart Williams, he clearly conferred that level of performance onto the outgoing Governor.

The burning question is ‘Where were these Draft Bills when the CL Financial crisis was gathering force since 2004?‘  Had they been prepared and never been put to the political administration or had they been submitted and rejected by the politicians?  Or are we to believe that both Bills were swiftly drafted?

Of course all three facts cannot be correct and I believe that the third fact is the false one.  Farrell’s inference that Williams had the necessary stature to be an effective Governor is obviously disproven by the CL Financial fiasco.

Please remember that this is the same Governor who had two investments with that ‘deficient’ group.  How can one possibly reconcile a top official of acumen and strength with that investment?

But there is more.  According to para 23 of the 16 April 2010 affidavit by the Inspector of Financial Institutions:

…With respect to the Creditors of the Petitioner, the Petitioner has met the statutory obligations for the Board of Inland Revenue (except for Corporation Tax Returns for 2007, 2008 and 2009 which are being prepared and remain outstanding)…

I am reliably advised that means that CIB did not pay Corporation Tax for those years.  Yet CIB was able to retain its banking licence thoroughout that period, and, upon collapsing, obtain an immediate bailout on most generous terms.

Farrell also tells us that the Central Bank needs to be “…a decisive actor when action is required…”.  Obviously, that standard did not obtain over the last decade.

The entire scenario reeks of corruption in the highest offices in the Republic and on the largest possible scale.  We are witness to an epic swindle being carried out on our Treasury and in broad daylight.

There is plenty more evidence to discuss on this issue, including the seminal 15 July 1996 Republic Bank Letter to Shareholders  which warned of the perils of the then ongoing aggressive takeover by CLICO.

At the critical turns in this crisis, we have been without Farrell’s views in terms of the rigorous scrutiny from which we ought to have been benefitting.

Farrell also adds, in relation to Williams’ impact at the Central Bank, that it was “…repaired and strengthened by Ewart Williams over the last ten years…”.  That seems to be a straight case of Nearer to church, further from God’.  Given Farrell’s reading of events, it seems that Ewart Williams is being treated like a ‘Sacred Cow’.

That is the root of my concern here, given Farrell’s headline ‘No Sacred Cows’, which is usually used to convey that someone is a fearless critic.

I continue to be outraged that the outgoing Governor appears to have retired with full benefits after having presided over a disaster on this scale.

The quest for better governance is not just a matter of criticising the administration, the educated commentators also have to hold to some consistent standard of rigour.  Given his background, I consider Farrell’s contribution on this fiasco to be lacking that standard.

It is not too late, because I am sure that the Colman Commission would benefit from Farrell’s input in relation to the strategic view of the roots of the crisis and the sort of interventions which could have avoided this sorry situation.

For my own part, I will be looking to see how Rambarran performs on the burning issue of properly applying the ‘Fit & Proper regulations’ to the Financial Sector.  Given the poor record of the outgoing Governor on this count, I am going to be calling for the new broom to make a clean sweep.

AUDIO: The John Wayne Show Interview – 30 June 2012

Afra Raymond chats in ‘The Barbershop‘ with John Wayne Benoit on i95.5FM about the CL Financial bailout and Public Procurement issues and other topics. 30 June 2012. Audio courtesy i95.5FM

  • Programme Date: Saturday, 30th June 2012
  • Programme Length: 0:49:03 + 0:35:47

Part 1:
Part 2:


VIDEO: Early Morning Interview – 4 May 2012

JCC President Afra Raymond appeared on Early Morning with Hema Ramkissoon to discuss ‘Government fails to deliver?’; a question on the minds of the construction industry. 04 May 2012. Video courtesy CNC3

  • Programme Air Date: 4 May 2012
  • Programme Length: 0:16:18

VIDEO: JCC Press Conference – 02 May 2012

The JCC hosted a Press Conference recently to discuss issues in the country in the construction industry. Afra Raymond’s contribution to the press conference is here. 02 May 2012. Video courtesy JCC

  • Programme Air Date: 2 May 2012
  • Programme Length: 0:13:33

Media Integrity Too

A timeline of events within the People’s partnership period…

This is a sinister pattern, which we need to recognise now.

To seed this discussion, I have three threads…

  1. The use of Police resources to target journalists is questionable in light of the apparent, unexplained delays in dealing with the CL Financial chiefs, the UDECOTT chiefs and of course, the HCU chiefs.  The Police anti-media operations were apparently executed in exemplary fashion with warrants being obtained and searches done using the element of surprise – no reasonable person could find fault with the execution of those operations.  The burning question for me, given the apparent delays in prosecuting or even searching the ‘White Collar robbers’ – even during the recent SoE – is ‘What are the priorities of our Police Service?  Are our limited Police resources being effectively allocated in the fight against ‘White Collar crime’?
  2. The second issue is the agenda of the Media practitioners.  Despite the strong and clear statements from the Media Association of T&T (MATT) on these issues – the embargo of State advertising for the Mirror and I95.5FM, the Police search of TV6/CCN on the Ian Alleyne issue and the Police search of Newsday and Andre Bagoo – there is still no MATT comment on the Power 102.1FM dismissals and the issue of the Guardian’s Acting Editor-in-Chief sending my column on Karen Nunez-Tesheira to her for comment.  We need to be mindful of self-censorship in a world in which most of the media is in private ownership.  Which shifts into my next point…
  3. Lastly, there are the issues emerging from the world we live in now.  It is a truly New World, with the commonly-held conviction that ours is a ‘free society’.  Our Constitution guarantees freedom of speech, freedom of expression and freedom of association.  It also guarantees the rights of property owners and that takes me straight to the vexatious juxtaposition of those rights.  You see, if we do live in a society with all those rights, the question arises ‘What is wrong with the owner of a media outlet deciding to let-go/fire/suspend indefinitely/re-assign a particular commentator?’  Even more to the point – “Are we saying that the privately-owned media can pick-and-choose their commentators, but the State-owned outlets have a different set of rules to follow?”  Despite the provisions of T&T’s international anti-corruption and media treaty obligations in favour of whistle-blowers, there are still those who want to know what is wrong with the government deciding how to place its advertisements.

I am closing this off now; to let the discussion flow…the battle-lines are clear to me…our sentiments on the free nature of our society come into conflict with the impulse for self-protection once we achieve Public Office.  In this rounds, given the boundless nature of the new technology, we are going to see a sharper, more wily, battle to reduce the strength and clarity of our media.  I greet it.

As always, the struggle is against the enemy without and the enemy within…

  • Please view my iPad oPinion video Podcast on this topic here

VIDEO: Caribbean Economic Forum – The CLICO Debacle

This is the video of the segment from the show Making A Difference with Felipe Noguera called Caribbean Economic Forum. Appearing with guest Afra Raymond was David Walker, another prominent analyst on the CLICO debacle. Video courtesy Making a Difference

  • Programme Air Date: January 2012
  • Programme Length: 0:20:14

VIDEO: Afra Raymond testimony in the Colman Commission, Day 1

This shows the attempts by various parties to object to my showing the PowerPoint presentation…some of those parties and their attorneys include –

  • Central Bank – represented by London-based Bankim Thanki QC
  • Lawrence Duprey – represented by London-based Andrew Mitchell QC
  • PriceWaterhouseCoopers – represented by Russell Martineau SC, former Attorney General and former President of the Law Association
  • Andre Monteil – represented by Martin Daly SC, Sunday Express columnist and former President of the Law Association

It is really instructive to consider the various arguments put forward by these parties in an attempt to limit my testimony and ultimately to deny it the benefit of clear illustration via PowerPoint.

There is going to be a real struggle to show the information on this series of financial and economic crimes.  That information needs to be shown in as digestible a form as possible, which was the point of my presentation.

Between the strong opposition of the parties who were at the centre of the crisis and the refusal of the government to fund multi-media facilities, we have a fight on our hands to get at the facts.

VIDEO: 4th Biennial Business Banking and Finance Conference (BBF4)

This is the video of my address to the 4th Biennial Business Banking and Finance Conference (BBF4) held at the Trinidad Hilton from 22 to 24 June, 2011. The session I participated in was devoted to ‘Lessons from the Financial Crisis: The Resolution of Failed Entities.’ [See the acknowledgement letter from the conference convenor here.]Video courtesy UWI

  • Programme Air Date: 24 June 2011
  • Programme Length: 0:15:21