Allegations of Sedition: An Anti-Democratic Attempt to Silence Dissent

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They don’t want we talk…” 
 - (Sedition Law by King Radio
https://youtu.be/sJqZ0G4H0mo)


​The National Trade Union Centre today reported that Watson Duke, President of the PSA and NATUC is under police arrest under threat of being charged for sedition under the Sedition Act, for statements alleged to have been made in November 2018. (https://www.facebook.com/psatrinbago/videos/2324041097836386/?comment_id=2324047067835789&notif_id=1567090111100271&notif_t=feedback_reaction_generic)
The statements, we are told, were made by Duke in response to threats of retrenchment of workers at WASA.
A trade union leader arrested (for questioning?) on allegations of sedition. The union offices (the first attempt without warrant blocked by union officers) and his home searched, and his children’s electronic devices allegedly seized by the Police.
This comes only days after the same union leader made statements critical of comments made about Public Officers who are members of the same union and 9 months after allegedly- seditious statements were made.
Only some weeks ago, a radio and tv station was also searched without warrant (not produced even after a Court Order to do so) when the Police alleged that statements made by the owner of the station made seditious statements.
This sounds like something out of the dark annals of the most autocratic or fascist regimes of the world.
History of Sedition Law
Sedition was criminalized by the Courts of England since 1275 as an intention to “bring into hatred or contempt, or to excite disaffection against the person of His Majesty, his heirs or successors, or the government and constitution”. That was at a time when the ‘divine right’ of the Monarch and feudal society were being challenged with the introduction of ‘democracy’.
The last prosecution for sedition in the UK was in 1972 and in 1977, the Law Commission recommended the abolition of the common law offence. Sedition was finally abolished by section 73 of the Coroners and Justice Act 2009.
In the USA, the Sedition Act of 1798 was introduced to criminalise "opposing or resisting any law of the United States" including laws legitimising slavery. Sedition laws were used in 1967 to try and prosecute protestors against the Vietnam war.
In Trinidad and Tobago, the Sedition Ordinance (No.10 of 1920) “empowered the government to suppress Garveyite and socialist literature” and “close any paper ...found to contain seditious material”.(A History of Modern Trinidad 1783-1962 by Bridget Breretron). It was one of a set of laws passed in an attempt to suppress the nationwide strikes of 1919-20 which began with the dockworkers strike, led by the TWA which published a paper called “Argos”.
In 1937, when the workers again challenged the colonial authorities, Butler was charged for sedition against the King.
In 1970, the NJAC and other leaders of the protest for Power to the People were also detained and charged for sedition.
In 2005, the leader of the Jamaat al Muslimeen was also charged for sedition for statements made in an Eid ul Fitr sermon about zakat. That case ended without a conviction after 2 jury trials.
Revival of Sedition Allegations by Police
It is important to examine and understand why now, in 2019, there is a is an upsurge in allegations of sedition against a media owner and a trade unionist (also a political opponent of the ruling party).
From this history it is clear that the Sedition law has been primarily to criminalise dissent against the powers-that-be and prevent the people from speaking out – they don’t want we talk as King Radio put it in his calypso.
One newspaper reports that the Dean of the UWI Law Faculty commenting on Duke’s arrest and allegations of sedition like this: “The chill­ing ef­fect, An­toine said, was to muz­zle dis­sent­ing voic­es… She won­dered if crim­i­nal of­fences were now be­ing used to muz­zle dis­sent­ing voic­es.”. “You have to be able to prove that what they are do­ing is in­deed try­ing to over­throw the Gov­ern­ment,”
The increase in allegations of sedition by the Police must be looked at seriously. The fact that the Police in both instances recently conducted or attempted searches without warrant and contrary to law should cause concern.
There is no mass protest like in 1919-20, 1937 or 1970 now. So why these attempts to use this archaic law against citizens?  
These arrests for investigation of possible seditious statements, smacks of state harassment of citizens perceived as ‘troublemakers’ by the authorities.
The suppression of dissent is contrary to the very principles of democracy and freedom of speech. Excesses of expression which may be racist or divisive or hate speech can be dealt with by legal processes other than criminal.
The very Common Law offence of sedition in section 10 of the Sedition Act, is questionable given its abolition in the UK in 2009.
This oppressive antiquated notion of sedition is a remnant of medieval times and has no place in a modern democracy. It is obsolete to a modern democratic society and governance worthy of the 21st century.   
The constitutionality of this law has been challenged by Sat Maharaj and NATUC today announced that it, too, will make a similar challenge.
On the eve of the celebration of 57 years of Independence as we strive to build a modern democracy with a proper respect for the Rights of the Citizens including the Right to Dissent and demand accountability from those elected to govern on their behalf, this undemocratic law must go.
Such a law should be abolished as the former colonial masters who created it and imposed it on our country have done.
 
Clyde Weatherhead
A Citizen fighting for
Democratic Renewal of
Our Society and for the
Rights of the People
29 August 2019

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