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Constitutional reform concerns are valid
Mark Goldinga
Letters
May 21, 2024

Constitutional reform concerns are valid

Dear Editor,

I read the concerns raised by the Opposition People’s National Party (PNP) on the Constitutional Reform Committee’s (CRC) draft report and they are valid, in my view. If we move away from the monarchy, we should not cling to the Crown like a dependent, even if it is considered ‘a phase’.

The Opposition’s view on the matter is not new. I think the issue of dual citizenship, which forbids people from serving in Parliament if they hold citizenship from a non-Commonwealth country, is archaic. The real test should be allegiance, followed by an oath of office with a firm commitment to upholding the constitution of Jamaica. It is 2024 and many Jamaicans, especially those who are progressive, are global citizens with dual citizenship.

To accuse the Opposition PNP of being hypocritical is absurd.

Jamaica is not a big country. If a dual citizen can live in Jamaica, own property, and vote in elections, why can’t a dual citizen be elected to Parliament if he or she takes an oath of office? The Opposition is arguing that we have an opportunity to reconsider this law and I concur.

Many Jamaicans residing here with dual citizenship with significant investments and assets in the country have contributed to the economy. Why restrict them from serving politically? I realise that many countries prevent those with dual citizenship from being elected, but several countries do not. The UK, France, Germany, Austria, and Israel are some of the countries which allow elected officials to be dual citizens.

The idea of dual citizenship is not as critical in 2024 as it was in 1962 when we became independent. Opposition Leader Mark Golding has confirmed that he has British citizenship by descent, which is not currently against the law. He has the option to denounce if necessary, but I do believe it is progressive to review this aspect of the law. It is in the best interest of Jamaica and its citizens as we move forward in the 21st century.

It has been three years since Barbados moved to replace the monarchy, and it did so in a timely and professional manner. Barbados appointed its governor general as president and focused on fundamental issues first to expedite the official transition. Constitutional reform must be non-partisan, Jamaicans must come first.

Let us debate to achieve consensus and compromise. As Opposition Leader Golding said, “We are not in favour of a phased approach to decolonisation, we can’t be one foot in, one foot out of the King’s yard.” The main principles cannot be phased. Similarly, the points made with regard to the appointment and removal of a president cannot be vague, neither can the law pertaining to impeachment and fixed-term elections.

The Opposition has proven multiple times what can happen when laws are rushed through the system and later challenged in the courts and ruled unconstitutional. Minister of Legal and Constitutional Affairs Marlene Malahoo Forte does not appear to have a good understanding of constitutional law and the processes behind it. There should be no room for errors and ambiguity, as there will be consequences.

If political representatives can’t agree on the fundamental framework for reform, we are simply not ready to move forward. The process to educate the public on constitutional reform must be ramped up. Town hall meetings alone won’t work; we need a massive communication campaign.

Consensus is key even if it means compromise. Reform must be by the people, for the people, and we must get it right.

 

P Chin

chin_p@yahoo.com

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