The outline for a fixed election date is presented in 6.4.4 in the CRC Report. The formula which has been given actually adds complexity to what can be a simple matter. We are of the view that the country will benefit from having a clearly stated fixed election date. For example, it can be clearly stated that elections are to be held 1st Monday in the month of May every five years. There is no need to surprise the nation with an election date. The country should be permitted to calmly go about its business knowing that a certain date is in sight. A fixed date allows for:
- Certainty in planning both to the electoral authorities, the government itself and the society generally.
- It reduces the opportunity for opportunistic manoeuvres by incumbents. This should be an entrenched provision.
Extension of life of Parliament.
New conditionalities for extensions of the life of Parliament have been recommended. We find this recommendation to be very troubling. Not every disaster caused by hurricane or even earthquake will impact the country to such a degree to justify foregoing the holding of elections. Therefore there has to be qualification to the disaster it must be on such a scale that the entire country is affected. There must be limiting language. The impact on the country must be such that it justifies foregoing of elections. Furthermore we are of the view that the maximum extension in these additional circumstances should be 1 year.
Increase in the size of the Senate
If the size of Senate is increased then a way must be found to maintain the existing balance of power between the Government and the Opposition, especially in regard to entrenched provisions of the Constitution. Currently the support of at least one Opposition Senator is needed in order for entrenched provisions of the Constitution to be amended. This formula needs to be maintained. This is a part of our Constitution which has worked. Why are we changing it? The proposed changes will do mischief to the balance of power. The value of those members is outweighed by the risk to the balance of power. In the alternative, in order to preserve the delicate balance of power, the members appointed by the President should be non voting members.
Qualification for President
We ask that it be clearly stated that the President must not be a citizen of any other country. His or her duty of allegiance should be solely to the Jamaican state. We are therefore asking for sub-paragraph (iii) of the CRC recommendations to be deleted.
CHRISTIAN VOICE NEEDED IN CR PREAMBLE
The Preamble is an important aspect of the entire document and whilst it is not the Law itself, it must set the philosophy behind the document. Where is the reflection of the Christian ethos and worldview that we currently enjoy? We are concerned that the move away from the British monarchy is being taken by some as being one and the same thing as moving away from the adherence to Judeo-Christian principles. We certainly hope that is not the intention! The wording of the Preamble will help us in this regard. But then when we examined the process by which the Preamble will be finalized we noted that no room has been made for the voice of the Christian constituency. In order to rectify what we consider to be a major oversight we are therefore asking that the Jamaica Umbrella Group of Churches be asked to nominate an individual to sit on the Committee. The recommended text must thereafter be returned to the CRC (and legal scholars specifically) for robust review of the implications of any changes for the text and possible interpretations of the Constitution.
The Integrity Commission is Important
This Commission serves an important role in our country. It maybe that some members of government will find it to be a nuisance and thus could be tempted to one day abolish same by an Act of Parliament. In order to discourage this we strongly recommend that this Commission be entrenched in the Constitution.
The office of the public defender
From what we have seen in other countries human rights bodies have created issues for the people. In our construction of human rights, we must be careful not to lead our people into confusion. Since this is an office which deals with human rights we must therefore be careful about the language used in entrenching this office. The wording of the terms of reference in the Constitution should therefore reflect the current statute. Such wording should be unaltered from what currently exists.
Public Education and Engagement
People need to be “sensitized and persuaded to adopt a positive attitude…”. However, the goal should not be persuasion, it should be education. There should be public education without a bias, consultations for the people to make up their own minds and not a media blitz to make them make uninformed decisions that have already been determined by the CRC.
Term Limits
Elected officials should be limited to three consecutive terms in office
Right to Recall Elected Officials
We have noted that the CRC is not in favour of impeachment proceedings. However, there is a desire among Jamaicans for our members of Parliament to be more accountable to us instead of having to wait for the next General Elections. Accordingly, we are recommending that there be inserted in the Constitution a mechanism which would give the electorate a right to recall their political representatives. The following is skeletal outline of the proposal:
This is a right to recall Members of Parliament who fail to meet certain minimum standards if verified petitions with X number of signatures are presented to the ECJ outlining grievances consistent with and meeting constitutional provisions. For example, I ground of grievance could be gross neglect of the constituency. In such a case, a minimum percentage of the electorate within a specified constituency would put together a petition in the required format and present same to the ECJ.
- ECJ will then determine if recall conditions are met and also verify the signatures.
- Successful recall results in MP’s seat becoming vacant and a by election being held, unless a general election is to be held within the next four months of a seat having been declared vacated.
- Unseated MP ineligible from contesting by-election but allowed to stand in next general election.