KINGSTON, Jamaica, CMC—The Chief Parliamentary Counsel has prepared two draft Bills to support Jamaica’s transition from a constitutional monarchy to a republic.
The proposed legislation the Constitution (Amendment) (Republic of Jamaica) Bill, 2024, and the Referendum Bill, 2024—were presented to the Ministry of Legal and Constitutional Affairs in July. However, Portfolio Minister Marlene Malahoo Forte made the disclosure during a statement to the House of Representatives earlier this week.
She explained that the Constitution (Amendment) (Republic of Jamaica) Bill recognizes the Constitution of Jamaica as an Act of the Parliament and people of Jamaica and amends it to provide for a non-monarchical Head of State, thereby establishing Jamaica as a republic. It also provides for other amendments in respect of specific provisions of the Constitution of Jamaica and connected matters.
The Referendum Bill provides for electors’ votes to be taken on any amendment of the Constitution of Jamaica required to be submitted to electors pursuant to Section 49 of the Constitution.
Malahoo Forte reminded the House that the constitutional reform work is being done in phases, noting that the two broad goals to be achieved in phase one are taking the Constitution out of its current form as a Schedule to the Imperial Instrument (the Order in Council), and to have it as an Act of the Parliament and people of Jamaica.
“Among other things, the Statute Law Commissions will be empowered to publish the Constitution of Jamaica, which will be read and construed as one with the amendments made to it, as an Act comprising Volume 1 of the Laws of Jamaica,” she stated.
“We have described this goal as the Jamaicanisation of the Constitution. Beyond putting the constitutional instrument in proper form, the goal also includes the insertion of a Preamble, generally recognized as a useful introduction to a constitution, insertion of our National Emblems and Symbols, adoption of provisions of the Jamaica Interpretation Act as relevant and appropriate, to replace the United Kingdom Interpretation Act, 1889, to interpret the Constitution of Jamaica,” she added.
The Minister further informed that the ‘Words of Enactment’ have already been modernized with an amendment to Section 61 of the Constitution and are now law.
Malahoo Forte noted that while the work around this aspect of the reform is mainly technical and not easily connected to ordinary day-to-day activities of the ‘man in the street,’ there is no partisan or other dispute anywhere about taking the required steps to achieve this goal.
She stated that within the Constitutional Reform Committee (CRC), the matter has boiled down to a drafting issue of how the reformed Jamaican Constitution will be presented.
She said the draftsman will largely guide the CRC on this and that an expert committee has been established to recommend a preamble for inclusion in the reformed Constitution.
Meanwhile, Malahoo Forte advised that the Cabinet’s decision to retain the Parliamentary Cabinet System “was the clearest indication that we were not moving to the Executive Presidential System.”
She stated that a non-executive president would replace the British Monarch as the formal Head of State of the Republic of Jamaica.
The Minister noted that global experiences have demonstrated that the Executive Presidential System often results in dictatorial, corrupt, and unfair governments.
“In any comparative assessment of the history of countries throughout the world, the countries with parliamentary cabinet systems have been better positioned to preserve human rights and achieve democratic stability and economic welfare, compared to those with executive presidential systems,” she maintained.
Malahoo Forte said the transition to a non-executive presidency within the parliamentary system will preserve stability and better enable the establishment of a more just and equitable society.
She also informed us that the CRC’s recommendation regarding the President’s appointment method, contained in its report, has been subject to numerous comments and criticisms.
Sue said during the last CRC meeting on September 18, presentations were received from Jamaicans For Justice and the Jamaica Coalition for a Healthy Society.
“They, too, have added their voices of feedback [and] the Committee is carefully reconsidering the matter. The CRC has tasked Dr. Lloyd Barnett to formulate a revised recommendation for consideration and submission,” she said.
Malahoo Forte added that the CRC is revising an aspect of the recommendation about the method of removing the President from office in direct response to comments from the Leader of the Opposition.
Additionally, the Drafting Strategy Sub-Committee has met twice, on July 26 and August 21, to review the Constitution (Amendment) (Republic of Jamaica) Bill.
“After the review of the Bill is complete, it will go to the Legislation Committee of Cabinet and, thereafter, to the Cabinet for approval for tabling in this Honourable House. A Joint Select Committee will also be established to review the Bill and report to the House,” she stated.
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