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Barnett’s plea for constitution consensus
Co-chair of the Constitutional Reform Commitee (CRC) Marlene Malahoo Forte (centre) is flanked by members of the committee (from left) Sujae Boswell, Dr Nadeen Spence, Dr Lloyd Barnett, and Laleta Davis Mattis. (Photo: Llewellyn Wynter)
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BY ALECIA SMITH Senior staff reporter smitha@jamaicaobserver.com  
May 23, 2024

Barnett’s plea for constitution consensus

CRC member urges Jamaicans to rally around move to switch to a republic

Constitutional Reform Committee (CRC) member Dr Lloyd Barnett is urging Jamaicans to unite around the recommendations set out in its first report so that the country can move forward with becoming a republic.

The report, which was tabled in the House of Representatives on Tuesday, comes a year after extensive deliberations with various stakeholder groups and the general public and consists of over 50 sets of recommendations.

Since being made public, the document has elicited contentious views.

Dr Barnett, who was speaking at a post-Cabinet press briefing on Wednesday morning, said in the last two days, the discussions, particularly in the larger context of constitutional reform, have focused on divisions, rather than unity — which needs to change.

“It appears to me that that approach needs to be discontinued and we should seek to establish consensus where it does not exist and to find ways of solving problems which can be solved once the determination to find the solution exists.

“And that is not for the CRC, it’s not even for the Cabinet, it’s not even for the parliamentarians; it is for us as ordinary Jamaicans to find the final solution. So, I’m appealing to you, to all Jamaicans, let us work together to find the way in which we can establish Jamaica as our own, under its own banner, with its own name and its own emblems,” said Dr Barnett, a constitutional law expert.

He pointed out that most of the CRC’s recommendations have the support of all relevant parties including the parliamentary Opposition.

In the meantime, co-chair of the CRC Marlene Malahoo Forte said that the report is written as clearly and simply as possible while dealing with technical subject matters.

“This now enables us to have very focused conversation on the matters for reform in phase one. I think what we have been saying all along to members of the public [is] that there is a logic to the approach we have taken [and] it will become clearer to you,” said Malahoo Forte, who is also minister of legal and constitutional affairs.

She told the media briefing at Jamaica House that some people, having viewed the recommendations, have commented to her that they now understand what she has been saying about the process.

“Sometimes, you really have to have faith that those who are entrusted with the work are doing it the right way, and even if we disagree, even if we have other views on the matter, we need not be contentious in expressing those views, because I believe that we are working for our beloved island home,” added Malahoo Forte.

The recommendations address a number of areas including the “Jamaicanisation of the Constitution” — a phrase, coined by Dr Barnett, which looks at the repeal of the Imperial Instrument.

“The CRC is firmly of the view that after six decades of sovereignty it is no longer acceptable that Jamaica’s Constitution, although drafted in Jamaica and debated in the Parliament of Jamaica, should be contained in a Schedule to a British Imperial instrument — The Jamaica (Constitution) Order in Council, 1962 — made at the Court at Buckingham Palace in England on the 23rd day of July, 1962, by virtue of subsection 1 of section 5 of the West Indies Act,1962,” the report says.

As such, the CRC recommends that the constitutional reform programme should begin with the Jamaicanisation of Jamaica’s Constitution by repealing and replacing the present imperial instrument with a Jamaican instrument made by the Parliament and approved by the people of Jamaica, in Jamaica.

“The CRC further recommends that simultaneously with this historic change, the monarchical form of our government should be abolished, the King of England removed as our Head of State and the Republic of Jamaica established,” the document reads.

“Consistent with the imperative to Jamaicanise our constitution, the CRC is firmly of the view that the reformed constitution must be deeply grounded in the cultural fabric of the nation, ensuring that it resonates with, and is accessible to, all citizens.

“It is essential that the constitution embodies the unique identity, values and aspirations of Jamaica, thus reflecting a truly home-grown document. Central to this endeavour is the understanding that a constitution should be a reflection of the collective will and vision of the people it serves,” the report further stated.

The recommendations also dealt with replacement of the monarchy with a republic which addresses the removal of the British Monarch as Head of State and as part of the Parliament.

The CRC, in its report, said that it is no longer considered appropriate for Jamaica’s form of government to be a constitutional monarchy where the sovereign is the King of England.

The committee said it is of the view that the ideal form of government is one in which there is a mixture of the elements of separation of powers, responsible government, accountability and respect for the rule of law.

It said that consequently, Jamaica’s Head of State should not be a hereditary monarch but instead one chosen by a process, in a representative democracy, which affirms the island’s sovereignty.

“Accordingly, the CRC recommends as a major alteration to the Constitution of Jamaica: that the British Monarch be removed as the Head of State; that the British Monarch be removed from the legislative and executive authority of the State; and that a new Head of State for the Republic of Jamaica be established,” the report also said.

The CRC also made recommendations for the insertion of national emblems and symbols in the reformed constitution, “in furtherance of the imperative to Jamaicanise our Constitution and to ground our reforms in the cultural fabric of the nation”.

In its report, the CRC said it has also taken note of the expressions of concern as to the suitability of the present Coat of Arms as representative of Jamaica’s cultural identity and therefore recommends that the Coat of Arms should be examined to assess the appropriateness of its present form.

“The CRC further recommends that, at the level of the constitution, the intellectual property in the national emblems be vested in the State in perpetuity; and that Parliament be empowered to pass laws to regulate their use and guard against their misuse,” the document said.

The recommendations also look at the creation of the Office of the President and addresses the method of appointment for the holder of the office. It speaks to the required qualifications, functions and powers,tenure of office, immunity, resignation,temporary vacancy, termination of appointment, and transition to the Office of the President of the Republic of Jamaica.

The report also contains recommendations on the reform of the Parliament, looking at citizenship qualification, disqualification, impeachment process, fixed general election dates, and extension of the life of Parliament in cases of public disasters.

In addition it tackles the issue of citizenship in general and looks at modification of the citizenship provisions.

The CRC, which comprises 15 members, is required to help guide the constitutional reform process throughout all three phases of the work, with the charge to produce a modern and new constitution which reflects an appreciation and understanding of Jamaica’s cultural heritage, governance challenges, and development aspirations, and which embodies the will of the people of Jamaica.

The CRC’s report focused on recommendations under phase one of the work which entails the patriation of the constitution, abolition of the Constitutional Monarchy, establishment of the Republic of Jamaica, and all matters within the deeply entrenched provisions of the constitution for which a referendum is required to amend.

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