Rosalea Hamilton | Hurricane Melissa’s lesson for constitutional reform

Hurricane Melissa’s catastrophic Category 5 assault has ravaged Jamaica, laying bare – yet again – the fragility of an overly centralised system of government. As we confront the worst hurricane disaster in our history, we must assess whether our current structure of government can protect lives in an era of frequent and increasingly severe hurricanes.

If we are serious about “building back better” then restructuring government must be paramount. We need a decentralised structure that strengthens local government and empowers communities with the authority and resources to develop meaningful, localised climate solutions. This must lie at the heart of constitutional reform. It is vital to Jamaica’s sustainable economic development and survival in a rapidly warming world.

CENTRALISED STRUCTURE OF GOVERNMENT

Although Jamaica’s parliamentary system was influenced by the British Westminster model, it is fundamentally different in significant ways. One major difference is the authoritarian and excessively centralised structure of government. This centralised structure functioned well for colonial governors who ensured government (central and local) served British interests, not the interest of the majority. Since 1962, however, unfettered centralised power shifted to successive prime ministers and their cabinets, with no adequate mechanism for legislative oversight of executive action. Significantly, no meaningful power shifted to local government, the communities or to the people of Jamaica.

Jamaica has evolved significantly since Independence, yet our highly centralised system of government has remained largely unchanged. The response to Hurricane Melissa exemplifies central government’s limited capacity to meet the urgent needs of affected communities. The absence of specific local knowledge about the extent and nature of destruction in each community constrains central government’s ability to assist those most severely affected. We heard Prime Minister (PM) Holness in Parliament thanking a member of parliament (MP) representing one of the most affected parishes for providing information he didn’t have. We also heard a journalist providing the PM information he didn’t have just before a Cabinet meeting - clear evidence of the information gaps that exist at the national level. Central government’s limited capacity for effective response is compounded by structural information gaps. The problem is not simply politics!

HOW CAN CONSTITUTIONAL REFORM HELP?

Melissa’s devastating impact presents a historic opportunity for constitutional reform to restructure and modernise government to enable us to rebuild by shifting power closer to the people. It should now be evident that centralised authority has limited the ability of communities and local governments to respond effectively to Melissa’s destruction. Constitutional reform can help by advancing two core goals: (1) empowering communities, and (2) strengthening local government.

1. Empowering communities: Constitutional reform should formally recognise the rights of communities to participate in public affairs and shape decisions that affect their lives. While Section 2(4)(a) of the Constitution (Amendment) (Local Government) Act, 2015 encourages community participation in local government, there are no adequate institutional arrangements or binding mechanisms to give real meaning to this. To strengthen this provision and to fulfil our commitment under international law to guarantee the right to participate in public affairs and pursue self-determination, new constitutional provisions should include:

• Establishing the right to petition municipal councils and central government and receive timely responses, thereby improving information-sharing

• Guaranteeing the right of communities to contribute to local and national policy-making

• Allocating a fair share of the national development budget for local government and communities

Embedding these rights will strengthen local democracy, mobilise community innovation, and support climate-resilient development from the ground up. Note that the first responders during and after the hurricane were community neighbours, not agents of the state.

2. Strengthening local government: Local government must be constitutionally empowered with authority, financial autonomy, and accountability mechanisms to respond to local priorities. Reform should ensure that local institutions can act swiftly, and transparently, especially in emergencies.

Key reforms should include:

• Decentralised resource allocation: Direct funding authority for municipal bodies and community organisations to ensure rapid, transparent emergency response to enable effective partnerships, especially with philanthropic and diaspora support;

• Community-based early warning & response systems: Leveraging local knowledge, trusted networks, and frontline leadership to mobilise evacuations and preparedness;

• Training & capacity building: Equipping citizens and local institutions with disaster-response, first-aid, governance, and sustainability skills; and

• Strong checks and oversight: Balancing executive power with legislative accountability and oversight, thereby limiting over-centralization and ensuring local voices shape national decisions.

Constitutional reform should seek to achieve climate justice, ensuring that vulnerable and historically underserved communities receive fair support and protection as Jamaica builds climate resilience. This includes equitable resource distribution, transparent disaster-response authority, and guaranteed local communities’ participation in decisions affecting their safety, livelihoods, and future. Here, an elected Senate, designed to champion equitable development across communities and parishes, would enable the achievement of these goals.

ANOTHER WAKE-UP CALL

Melissa’s devastating impact is yet another wake-up call. Our authoritarian and excessively centralised system of government is simply not working. It is imperative that we restructure government by harnessing the strength, wisdom, and aspirations of Jamaicans in every community. To do so, our constitutional reform discussions must go beyond debates about a local head of state and a regional final court. Melissa’s lesson is that we must focus on restructuring government. We can do so with constitutional reform that empowers communities and strengthens local government with real power and authority to act, protect, innovate and improve living standards.

Rosalea Hamilton, PhD, is founding director, Institute of Law & Economics. Send feedback to rosaleahamilton@gmail.com and columns@gleanerjm.com