History beckons
THE ghost of the 1961 referendum on Jamaica’s continued membership in the Federation of the West Indies — which went against the then governing People’s National Party (PNP), and shortly after saw the Jamaica Labour Party (JLP) gaining State power to lead the island into independence — has continued to haunt successive administrations over the years, leaving them wary to return to the people for any such poll.
But Jamaicans should get a chance to vote in another referendum in the not too distant future to determine if the country cuts ties with the British monarchy to become a republic, and Dr Nadeen Spence, a member of the Constitutional Reform Committee (CRC) guiding the process, does not believe that Jamaicans have so far grasped the significance of this vote.
Spence, who is the civil society representative on the 15-member committee tasked with providing expert guidance and oversight for the country’s constitutional reform, told this week’s Jamaica Observer Monday Exchange that it appears not many people have recognised the power this democratic tool affords them.
“The referendum is an ultimate participation in a democracy where every citizen, as long as they are registered, can go and vote on an issue,” said Spence.
She argued that being in a democratic system and understanding what is required in terms of getting citizens to participate, the idea of the referendum should be more appreciated.
“To me, this is a watershed moment when we are at the point where we are actually thinking again about engaging our [citizens in a referendum]… but we are just letting that slide without giving that the kind of gravity I think that deserves,” said Spence.
She was supported by head of the committee Minister of Legal and Constitutional Affairs Marlene Malahoo Forte, who declared her pride in her party leader, Prime Minister Andrew Holness, who has decided to see the constitutional reform process through to a referendum.
“No prime minister before was prepared to expend the political capital to hold a referendum, given Jamaica’s views on a referendum. Every time it comes down to it … the only thing [that is considered] is it going to be too near to a general election? Is it going to be a reflection on the Government, a referendum on the Government? And that’s why I say, big up to my prime minister,” said Malahoo Forte.
Another committee member, retired judge Hugh Small, also acknowledged the Holness Administration for taking the initiative to bring this stage of constitutional reform to fruition.
But Small, a former Cabinet member in a PNP Administration, underscored that only people on the voters’ list at the time will be eligible to vote in the referendum.
“If the referendum is going to take place, you have to bear in mind what is the cut-off date for registration to vote,” said Small.
The voters’ list is printed in Jamaica every six months, May 31 and November 30 of each year, and with the Constitutional Reform Committee aiming for a referendum by early next year, Malahoo Forte underscored that Jamaicans who want to vote to decide to ditch the monarchy or not will have to be registered by September this year “Because the Electoral Commission of Jamaica always has to have a list ready for an election to be held — be it referendum or general election.”
Malahoo Forte had told Observer editors and reporters that she would like to see the legislation before the Parliament by May. But she has since signalled a willingness to adjust that timeline, given public reaction.
However, she insisted that it was crucial to get the Bill before the Parliament.
“Let us get the Bill [through] because it’s the Bill the people must vote on, and it is the referendum that will make the change,” Malahoo Forte said on Monday.
“If we table the Bill in May/June, it’s going to take at a minimum, about eight/nine months in the Lower House because you have a three-month dead time between the first reading and the second reading — meaning, between when you table and we start the debate. And then you have a second three-month dead time between the conclusion of the debate and the vote on it. That’s what the constitution says,” she explained at the Monday Exchange.
“If [we get the Bill] sooner rather than later in the Parliament, by the next financial year of 2024/25 when the budget can be allocated, we can go to referendum,” added Malahoo Forte..