I recall with pride the euphoria that gripped Jamaica forty-eight years ago, when as a proud and confident people we threw off the shackles of colonialism and ushered in the dawn of independence. It was, indeed a proud moment, celebrated by Jamaicans irrespective of political affiliation.
Immediately after independence, we began a dialogue about the inadequacy of the constitution that was negotiated or as some claimed “imposed” on us. Although I was relatively young at the time, I was very involved in the political dialogue, and I recall a general consensus that there was a need to, in the near future, change the constitution to one that was more of our own making. As I nostalgically look back to 1962, I am saddened because my nostalgia is negated by the fact that forty-eight years hence, that “near future” has not yet arrived.
In 2012, Jamaica will celebrate fifty years of independence, and unlike some of my fellow Jamaicans, I believe that much has happened in those fifty years that is worthy of celebration. However, I believe that no matter how grand the celebration might be, it will fall far short of the mark if we begin the next fifty years under the same old constitution. Beginning the second fifty years of independence under a new constitution will serve as self confirmation of our maturity, and will convey to the rest of the world, the cogent message that we have grown up.
Today, I can say without fear of contradiction that both political parties are agreed on the need for constitutional reform, and in fact there is even agreement on some of the things that must be in a new constitution. In a later article I will spell out some of those areas of agreement. It is a sad commentary that over the past 48 years, although successive governments took office after committing themselves to constitutional reform during election campaigns, no government constituted by either of the two political parties has taken any meaningful steps to go beyond the rhetoric, and make constitutional reform a reality.
It is abundantly clear that as far as constitutional reform is concerned, our political leaders have failed us miserably. Therefore, the question that now confronts all forward-thinking Jamaicans, is “where do we go from here?” The most emphatic answer must be, “to seek a newer Jamaica.” But this newer Jamaica requires a new constitutional foundation, which will only occur if the people demand it. For this reason, I believe that Jamaicans must take immediate action to ensure that we begin the next fifty years with a new constitution. A constitution drafted by Jamaicans, for Jamaicans; a constitution devoid of the colonial trappings that are so evident in the current one.
There are many crucial and fundamental issues that will have to be dealt with in a new constitution, but for the time being, I will identify only a few. First of all, the matter of who is eligible to serve in Parliament or other high Government positions must be unambiguously specified in the new constitution. Secondly, a new constitution should require that the head of government, whether an Executive President or a Prime Minister be directly elected by the people at the ballot box, rather than selected by a handful of party leaders whose support comes with a “price,” or who can be easily cajoled into giving their support. Thirdly, a new constitution should establish the Caribbean Court of Justice as the final court of appeal, rather than the British Privy Council, which, for us, should be seen as an unacceptable relic of British colonialism. Fourthly, the new constitution should once and for all have the Parish Councils and the Kingston and St. Andrew Corporation deeply entrenched so that they no longer exist at the whim and fancy of party politics to be kicked around as they choose.
The recent passage of the Bill of Rights by the Lower House of Parliament is a tremendous step in the right direction, and the Senate must be pushed to act on that legislation. However, a bill of rights is not enough. Granted, any new constitution must incorporate a bill of rights, but in order to get rid of all the anomalies in the present constitution, nothing but a new constitution should be acceptable. A constitution should serve as a constant guide to the people and leaders of the nation, and should not require frequent amendments. The fact that there are many areas of the present constitution that would require amendment if it is to serve us well, is a clear indication that we need a new one.
Since it is clear that our politicians have no serious commitment to a new constitution, we the people must take the bull by the horn. We must demand a referendum to decide whether we should have a new constitution, and if the referendum is successful, the politicians would be obliged to immediately set in motion the process for drafting a new constitution within six months of the passage of the referendum.
The advocacy arm of IISPEC, Jamaicans United for Social, Political and Economic Change (JUSPEC) is committed to working for a new constitution before the beginning of the next fifty years, and invites all Jamaicans who share a similar vision to join in making it a reality. We are fully aware that this effort will be forcefully resisted by those who either benefit from, or stand to benefit from the existing constitution, therefore, it will take the resilience and assertiveness of an enlightened citizenry to demand and realize this most important change.
I invite your comments and support in this noble effort.
Jaslin U. Salmon, Ph.D.
Professor Salmon is President/CEO of a think tank “International Institute for Social, Political and Economic Change” (IISPEC), and former Advisor, and head of the National Poverty Eradication Programme in the Office of the Prime Minister.
