Rosalea Hamilton | Constitution amendment bill and referendum vote

The Constitution (Amendment)(Republic) Bill, 2024 was tabled in Parliament on December 10. This is the first legal step in the process of reforming the Constitution to establish a Jamaican republic. The process requires Jamaicans to vote in a referendum about the legal framework that will underpin the future development of our country. But what exactly will we vote for? The bill contains a complexity of issues. Some I support, but others I reject and see as dangerous for Jamaica’s future.

WHAT’S IN THE BILL?

The bill repeals the Jamaica (Constitution) Order in Council 1962 and adopts the Second Schedule (the Constitution of Jamaica) as domestic law, with the following changes:

1. Removal of the British monarchy as head of state – this is way overdue!

2. Replacement of a Jamaican president as a head of state chosen by the prime minister through a parliamentary process

3. Entrenchment of the Electoral Commission of Jamaica

4. Modification of rules for citizenship, rights, and legislative processes

5. Recognition and formalisation of national symbols, emblems, and items (including the flag, anthem, and motto) under Jamaica’s jurisdiction

6. Retention of the parliamentary Cabinet system of government

The most consequential and troubling aspect of the bill is #6. This really means that we will be asked in a referendum to accept (directly or indirectly) unfettered, top-down governance in the structure of government that concentrates power in the hands of the prime minister (PM) and Cabinet.

Further, the bill consolidates and strengthens prime ministerial power through:

1. Section 11 (Amends Chapter IV) – which establishes the procedure for appointment of a president via a simple majority vote of both Houses of Parliament and ensures that the PM will always have his or her choice of president; and

2. Section 17 (Repeals Section 35) – which enlarges the Senate and includes appointments by the president. By controlling the appointment of the president, we face an unacceptable risk of prime ministerial influence of the president’s senatorial appointments. This means that a PM with a two-thirds majority vote in the House can easily achieve a two-thirds majority vote in the Senate to effect critical constitutional provisions such as the period of disaster and period of an emergency. While the safeguard is maintained for amending entrenched and deeply entrenched provisions, there is concern about extending States of Public Emergency without an opposition vote.

This is frightening! Is this the kind of republic that we want? While many of us want to decolonise the state and end the legacy of a British head of state, do we really end this colonial legacy with unfettered power in the hands of any prime minister?

DANGERS OF RETAINING CABINET DOMINANCE

Since 1962, unfettered, authoritarian power moved from the governor’s hands to the hands of the prime minister leading the Cabinet, embodied in s.69 of the Constitution. It was deliberately designed so that “a Prime Minister is a dictator for five years”, according to Wills Isaacs in the Joint Constitutional Committee (1961-1962). This view was strongly endorsed by Edward Seaga, who noted that “only one Minister must rule”. The retention of this type of Pparliamentary Cabinet system of government perpetuates an authoritarian system of government. This means that Cabinet will continue to dominate the legislative and executive processes (locally and nationally) with no adequate oversight by the members of Parliament (MPs) and the people of Jamaica.

Many Jamaicans understand this authoritarian design through the fear, intimidation, and submissive behaviour felt with a Cabinet minister’s words or actions. These behaviours, in turn, undermine institutional integrity and democratic principles when compliant civil servants compromise morality and legal guardrails to support authoritarian dictates. It limits freedom of expression and discourages civic participation and advocacy due to the fear of reprisal and victimisation. So many simply “gibba dem mout,” “hole dem corna”, or “fall in line.” Others migrate in search of opportunities for self-actualisation and personal growth.

Compliant behaviours, produced by an authoritarian system of government, are encouraged by political leaders who exploit partisan divisions to consolidate and control their base of support. This fosters polarisation of ideas and weakens societal cohesion necessary for building community networks and strengthening democracy. What has emerged over decades is a self-perpetuating cycle of individual and community dependence (i.e., likky-likky politics) that undermines self-reliant pursuit of self-determination and socio-economic development.

Today’s rapidly changing world demands that individuals, firms, institutions, communities, and even government innovate and reorganise in response to new challenges. Such responses are inhibited by compliant, acquiescent behaviours reproduced by an authoritarian system that constrains creative solutions to problems and suppresses “inclusive growth”. If individuals are fearful of sharing information, engaging their MPs, and actively participating in joint decision-making networks, suboptimal social and economic policies will be made. It is this authoritarian, top-down system of governance that has stifled the development prospects of Jamaica for decades and that will be dangerous for our future.

MY VOTE IN THE REFERENDUM

During the Constitutional Reform Committee’s public engagements, the response to these concerns about governance and the authoritarian structure of government was that it would be addressed in a subsequent phase of the constitutional reform process. This contradicts the stated object and reason for the bill to “retain the parliamentary Cabinet system of government, among other things”. The bill, as presented, clearly indicates that there is no intent to change Cabinet dominance! This suggests that there is no intent to empower Jamaicans or our communities to confront the modern challenges we face.

Redesigning government and establishing mechanisms for effective oversight of the Cabinet, and effective people participation in policy and law-making, are minimum requirements of any meaningful constitutional reform to establish a republic where the Jamaican people are sovereign.

It is time to end inadequate parliamentary oversight of executive action that made it possible for $3 trillion in unaccounted expenditures to accumulate over 11 years. Our children deserve a better future. So if the referendum decision is a direct or indirect vote to retain the parliamentary Cabinet system of government without governance changes, my vote in the referendum is NO!

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