Advocacy groups want transparency, participation, and public consultation for constitutional reform

The Advocates Network, the Jamaica Council of Churches, National Integrity Action, Institute of Law & Economics and the Jamaica Accountability Meter Portal say total transparency, widespread participation, public education, and public consultation are critical in arriving at a new Constitution for Jamaica.

The groups said the current approach of the Constitutional Reform Committee (CRC) is similar to the approach used in drafting the original 1962 Constitution, which had limited public input and was not transparent.

“The CRC seems to be in a haste to submit a bill to Parliament before the end of May without any clear mechanism for soliciting the inputs of the public and is already indicating consensus on critical decisions like the appointment of a head of state by a joint sitting of the Parliament and Senate,” the groups said in a joint press release.

“The ‘secret’ closed-door meetings of the CRC without the dissemination of the minutes of meetings and the absence of detailed Terms of Reference (TOR) for the work of the CRC raise questions about the importance of the inputs of the Jamaican people,” they noted.

The organisations believe that the approach taken will likely result in the rejection of the recommendations made and cause further mistrust and apathy. With only 38% of the Jamaican electorate voting in the last election, they believe a concerted effort should be made to encourage and excite Jamaicans to participate in our first referendum since independence.

They noted that public education and consultation are imperative and implored the government to follow its own 2005 Consultation Code of Practice for the Public Sector which essentially requires an exchange of information and ideas between affected and interested people in making decisions.

They have made the following recommendations:

1. Immediately begin public education regarding the key issues at stake and issues to be decided to be included in the New Constitution.
2. Immediately begin a process of public consultations guided by the 2005 Consultation Code.
3. Immediately open all meetings of the CRC to the public and the press.
4. Immediately make available to the public the TOR for the CRC, the budget to execute the TOR, the complete and unredacted minutes of the CRC, and all other documents provided to the CRC.
5. The Fundamental Charter of Rights of our people which was detailed in the 2011 revision of the constitution, should not be reduced but, if anything, enhanced, considering the UN Sustainable Development Goals (SDGs) and Fundamental Rights. The public should be educated about these rights.
6. There should be weekly updates regarding the progress of the CRC and the submissions received and considered by the CRC.
7. The timetable of the CRC should in no way be tied to the plans for the next General Election and the process of removing the King as Head of State.