The Constitutional Review Commission (CRC) has submitted a final report, all 360 pages. With the assistance AI here is a summary.
Preamble
Replace the current preamble to better reflect Barbados’ history and modern values, including:
• Recognition of the supremacy of God, human dignity, and the role of the family.
• Acknowledgment of historical injustices such as slavery.
• National commitments to social welfare, environmental conservation, and regional integration.
• A celebration of the transition to a republic and the diverse origins of Barbadians.
Citizenship
1. Gender Equality:
• Remove all remaining gender discrimination in citizenship provisions.
• Replace references to “father” or “mother” with “parent” to ensure neutrality.
2. Expansion of Citizenship by Descent:
• Extend citizenship to individuals with Barbadian grandparents (not just parents).
• Consider special pathways for diaspora members to acquire citizenship by registration.
3. Retention of Citizenship by Birth:
• Maintain unconditional birthright citizenship, with two exceptions:
• Children born to diplomats accredited to Barbados.
• Children born to “enemy aliens” in occupied territories.
• Update references to ensure gender neutrality in these exceptions.
4. Dual and Multiple Citizenship:
• Explicitly allow Barbadians to hold dual or multiple nationalities.
5. Citizenship by Registration:
• Retain pathways through residence or marriage but delegate specific criteria (e.g., residency periods) to legislation.
• Elevate provisions for adopted children to constitutional status, allowing them citizenship upon adoption.
6. Loss of Citizenship:
• Retain provisions allowing for renunciation or deprivation of citizenship, ensuring adherence to due process principles.
Fundamental Rights and Freedoms
1. Broader and Positive Framing:
• Guarantee rights positively in a single, expansive clause rather than through negative, exceptions-focused provisions.
• Include a general limitation clause that ensures restrictions are justifiable in a free and democratic society.
2. Expanded Anti-Discrimination Protections:
• Protect against discrimination on additional grounds, such as:
• Sexual orientation, disability, pregnancy, gender, class, marital status, and health status.
3. Inclusion of Social and Economic Rights:
• Add obligations for the State to progressively ensure:
• Access to education, healthcare, adequate housing, food, and water.
• A safe and healthy environment, especially in light of climate change.
4. Horizontal Application of Rights:
• Extend fundamental rights to bind private actors, ensuring that protections apply universally across society.
5. Specific Rights Enhancements:
• Incorporate additional rights such as:
• The right to work.
• The right to fair administrative action.
• The right to access information held by the State.
• Rights for persons with disabilities.
6. Creation of a Human Rights Commission:
• Establish an independent body to monitor and promote the enforcement of human rights.
Governance and Institutions
1. President’s Role:
• Retain the President as a non-executive, unifying figure.
• Extend the term of office to seven years, separate from parliamentary terms.
• Remove the requirement for presidential assent to legislation.
2. Parliamentary Reforms:
• Maintain the constituency-based election system for the House of Assembly.
• Mandate gender parity in the Senate.
• Reduce the qualifying age for parliamentary membership to 18 years.
• Increase opposition representation in the Senate to ensure robust debate.
3. Opposition Leadership:
• Address situations where no formal Leader of the Opposition exists by designating the opposition party with the highest votes to fulfill constitutional roles.
4. Ministerial Accountability:
• Introduce a mandatory Code of Conduct for ministers and parliamentary secretaries, with oversight by the Integrity Commission.
5. Appointments to Key Offices:
• Create a Constitutional Offices Commission to ensure shared decision-making in appointments (e.g., judges, service commission members).
• Reduce the Prime Minister’s unilateral influence on appointments.
Judiciary
1. Improving Judicial Administration:
• Create the position of President of the High Court to oversee its administration, leaving the Chief Justice to focus on the Court of Appeal.
2. Strengthening Independence:
• Empower a revamped Judicial and Legal Service Commission to oversee judicial appointments and discipline.
• Remove the Prime Minister’s power to extend judicial tenure beyond the retirement age.
3. Establishing Accountability:
• Introduce progressive disciplinary measures (e.g., reprimands, suspensions) for judges instead of limiting sanctions to removal.
• Standardize retirement age for judges at 72.
4. Autonomy in Court Operations:
• Establish a Court Services Department under judicial control to manage resources and reduce reliance on the Executive.
Public Service and Oversight Institutions
1. Service Commissions:
• Operationalize the Teaching Service Commission.
• Provide each service commission with its own secretariat for greater efficiency.
• Make these commissions independent of ministerial control.
2. Regulatory and Oversight Bodies:
• Strengthen the independence of institutions like the Human Rights Commission, Electoral and Boundaries Commission, Auditor General, Ombudsman, and Integrity Commission.
• Guarantee adequate funding and staffing.
• Require annual reports to Parliament on their operations.
3. Public Service Values:
• Embed principles of professionalism, transparency, meritocracy, and impartiality into the constitution to guide the public service.
Miscellaneous
1. Access to Constitutional Justice:
• Allow individuals, groups, and associations to seek redress for constitutional breaches on their behalf or on behalf of others.
2. Population Challenges:
• Address declining population trends by:
• Encouraging diaspora participation.
• Expanding pathways to citizenship.
These detailed recommendations reflect a comprehensive approach to building a modern, inclusive, and accountable constitutional framework for Barbados. Let me know if you need clarification on any specific section!
See full report
The blogmaster invites you to join the discussion.