Lloyd Barnett | CHALLENGES OF CONSTITUTIONAL CHANGES - Educating and engaging the electorate

Constitutional reform is usually a highly contentious and complex subject.  There are often diverse views on critical subjects. Many proposals are put forward without any comprehensive research or analysis as to their potential or record for administrative efficiency or the preservation of democracy. In this situation the necessary consensus is very difficult to achieve. 

The Caribbean experience has demonstrated how formidable these challenges are. 

Popular governments in Antigua and Barbuda, the Commonwealth of the Bahamas, St. Lucia and St. Vincent, and the Grenadines have failed to attract the necessary support to carry out important reforms.  However, the experience is not all negative.  Trinidad and Tobago, Belize, Dominica and Barbados have made important reforms.  Indeed, even in a fairly contentious atmosphere, Jamaica after many years of trying, in 1999 and 2011 succeeded in effecting important reforms by replacing the Chapters on Citizenship and Fundamental Rights with substantially improved provisions.  However, whereas at present the changes being proposed have to be approved by the electorate in a referendum, the challenges of change become quite formidable

PUBLIC EDUCATION AND CONSULTATION

Usually, where successes in substantial constitutional reforms have been achieved the formulation of the reform measures have been preceded and accompanied by extensive public education and consultation so that wide consensus is achieved. There is a widespread view that the recently concluded reform project was inadequate in this respect.  

For instance, there was a proposal for the holding of town hall meetings in all parishes, but at the time of completion of the Report of the Constitutional Reform Committee in 2024 only five such meetings had been held.  Many expressed concern that the meetings of this committee were not held in public.  Although the minutes of the meetings were eventually published online, this only took place months after the meetings had been concluded.  

This caused many criticisms of the process and even imputations of improper motive.  A relatively small number of pamphlets were prepared and distributed by the ministry, but they did not cover a majority of the issues which arose for consideration and were insufficient in quantity.  There was delay in establishing a dedicated website and there were no proactive interchanges in the social media. This position was similar with respect to public interviews and discussions.

The constitutional reform discussions have involved such subjects as the abolition of the monarchical form of government, the Jamaicanisation of the constitution, the simplification of its language, the retention of the parliamentary cabinet system rather than adopting the presidential system, the manner of appointment of the head of state and the tenure of his or her office, the composition of the Senate, the impeachment of public officials, the recall of    parliamentarians, the establishment of fixed election dates, limitation in the size of the Cabinet, the entrenchment of the Electoral Commission and Office of Public Defender, the abolition of appeals to the Privy Council and the substitution of the Caribbean Court of Appeal or some other court as our final appellate Court.  Some of these issues have been highly controversial.  

It is therefore of great importance that the Ministry of Justice and Constitutional Affairs should immediately commence an intensive programme of public education and consultation by circulating written materials, holding public meetings and re-engaging civil society organisations and the media.  Very importantly, the programme of public education and consultation should make full use of the social media, using an engaging strategy rather than a contentious mode.

NEED FOR A SENSE OF URGENCY

Since it is impractical for the comprehensive reforms contemplated to be achieved within a short time a practical timetable must be formulated and faithfully pursued.  If the reforms are to be accomplished in the present parliamentary term, it is necessary for the programme to recommence immediately.  

Consideration should be given to completing the public consultations, the preparatory work and the parliamentary processes so that the necessary referendum can be held within the current parliamentary term.  One strategy which should be carefully considered is whether to make the necessary arrangements for the holding of the constitutional referendum at the same time as the next local government elections which are due in 2027.  This may require a moderate, but tolerable delay in the holding of the local government elections.  There is a good argument in favour of this strategy since considerable savings in public funds would thereby be achieved.  

The argument against this is that the political rivalry of such elections will create an unfavourable atmosphere of political controversy but with a mature approach by the political parties this disadvantage can be overcome.  

FURTHER DELAY IS INTOLERABLE

We have now been an independent nation for nearly 64 years.  We still have as our head of state, a monarch who has found it appropriate to pay a visit to US President Donald Trump with whom he shares a record of matrimonial infidelity while his own son shares with Donald Trump a common friendship with Jeffrey Epstein, a convicted paedophile.  

Our King’s host is a person who has maligned developing countries and deprived them of traditional aid, while detaining children, women and senior human beings in warehouses and is now engaged in a war in which under his orders schools in Iran have been destroyed and scores of children killed.  Jamaica can no longer, in good conscience, and with national pride retain Charles as our King.

As this is the final article in this series, I conclude by appealing to my fellow Jamaicans to approach the subject of constitutional change in a spirit of national cooperation and patriotic aspiration.

Dr Lloyd Barnett is an attorney-at-law and author. Send feedback to columns@gleanerjm.com