It was a long-anticipated wait and the thought that Barbados’ move to a Republican status would have been the foremost on the Commissioners’ mind, with them delivering meaningful changes to governance that align with a republic. With expectancy ripe, Barbadians anticipated changes to the conduct of business in the highest offices in the land. In reality, after more than 15 months of consulting the Commissioners appear to have updated the Westminster Parliamentary System in their constitutional reform report as well as created a new institution named the Constitutional Offices Commission providing jobs for those who will sit at its helm.
One wondered if the Terms of Reference was vague. However, on review of the Letter of Transmittal it stated that the Commission had fulfilled its mandate. The first item of the Terms of Reference is shown below:
- Examine, consider and inquire into the Constitution of Barbados and all related laws and matters with a view to the development and enactment of a new Constitution of Barbados.
In essence, the scope of the commission was quite broad. However, when Ronnie Yearwood criticized the Report in an article in Barbados Today on November 23, 2024, stating that there was no meaningful change, Chairman of the Constitutional Reform Commission (CRC) dismissed the “criticisms stating that the report reflects public submission and aligns with Barbados’ Parliamentary System.” Clearly Mr. Blackman misunderstood the assignment because the Terms of Reference infers a move away from the old Westminster Parliamentary system which is a vestibule of colonialism that the Republican system is replacing. In addition, why else would the review have been commissioned at this time if not for a Republican Constitution?
It has left one to think that the island is a Republic in name only, and that the change to a republic was birthed through political expediency and not for meaningful change in the lives of the people of Barbados.
In summation, since the CRC failed the most important part of the assignment which was on Governance and Institutions, the recommendations for all other sections of the report pales into insignificance.
Some Thoughts for a Republican Constitution
Most persons alive today have lived in the era of conceptualizing or birthing or, lived under the impact of the Westminster Constitution of Barbados. Almost six decades later, they have known and experienced the short comings and challenges of a document that was created without the input of the people or tailored to suit the former slave colony. The present constitution has been a breeding ground for political corruption and dependence of the masses on politicians and political parties, in addition it has represented the perpetration of systematic inequalities.
The new constitution of Barbados must be fit for purpose, tailor made, unique, addressing the political, economic and social governance needs of all Barbadians.
1.The Constitution
For the Barbadian context, there should be 4 arms of the Constitution. These are:
1. The People
2. The Executive/ Legislative
3. The judiciary
4. Local Government
2.The Sovereignty of the People
The draft preamble does not state who controls power in the Republic. In its opening it should state clearly that power is vested in the people and they delegate this power by a democratic process and can change this delegation by the power of recall. The draft preamble uses philanthropic action words and has no political, economic or constitutional actions for the people to undertake and without this, a heading of “we the sovereign people of Barbados” is meaningless. For example, we the sovereign people of Barbados must have the right to peaceful protest.
3. The Establishment of Local Government
For the Barbadian context, Local Government should not be an act of Parliament but the 4th arm of the Constitution. This would provide the people with direct representation and access to Parliament. Within the Commission’s Report, there is no structure by which the people can express their sovereignty. This will be a way for the people to have their voices heard in Parliament and not only the grandiose babbling of politicians. It would create a way for propositions for new laws to reach Parliament. The law would finally be able to embrace the needs and wants of what really matter to the people. It is a means of quantifiable public participation in the political process. In essence, local government can work side by side with state elected government.
4. Decolonizing Political Structures
Term Limits -Term limits must be a requirement for Prime Ministers. They will know that their time is finite in that position and will not seek to hold on to power.
Checks and Balances – There must be checks and balances on the Executive. The people must control how power is acquired and how public funds are spent.
Elections – There must be a fixed election date. The Diaspora must have the right to vote where they reside, whether they choose to exercise it or not.
Proportional representation – There must be proportional representation in Parliament by political parties based on the number of votes they obtain at election time. This should also be a feature of the Senate. Hereby every party that gets a percentage of the votes are both represented in both houses.
Elections of judges – The people must be given to opportunity to decide who dispenses justice over them and their children.
Election Manifestos
The Constitution must set out specific action to be taken if Election promises are not kept. Even if this means a vote of no confidence and or the power of recall or impeachment. This action should be taken through local government.
Decolonizing Economic Structures
Debt
Caribbean Democracies are insolvent. One of the biggest failures of the present Administration centers around Debt or indebtedness. The specific purpose for which the country can seek to obtain foreign debt should be contained in the Constitution, inevitably, foreign debt should only be for development purposes. It must be illegal to rack up debt without any means of repayment, and from which the country may never recover.
Revenue and Development
Revenue and spending change with each administration and so do development plans. The Constitution must guide on what the portion of the taxpayers’ money should be spent on development of the island.
Removal of the Auditor General’s Office from Under Government. It is an exercise in futility to ask the government to investigate itself. Placing the Auditor General’s Office in an autonomous position in the 5th arm of the Constitution will place it in a better position not only to investigate financial crime but also to bring charges.
Other
- Land Court. It is also time for a Land court to be set up. The problem of land disputes goes back several generations and no one wants to touch them. Perhaps they should be forced to.
- Ownership of the Beaches. The time has also come whereby the sovereignty of the people be extend to all beaches in Barbados and this be placed in the Constitution, that all beaches are public property owned by the people of Barbados.
- The Right to Peaceful Protest. This is self-explanatory and without approval of the police.
In summation the report of the CRC was an epic failure. With one of the most frequently words in the draft constitution being “retained” the recommendations are for the preservation of the current Westminster Constitution. One cannot claim to be moving forward by changing the name to a republic and yet cling to an outdated colonial structure. A real Republican Constitution is required not sleight of hand. The people have always been governed and never part of the process of governance. At this point in time political and economic change must include the people in the Constitution.
The blogmaster invites you to join the discussion.