He is charged with the task of heading a comprehensive review of the 30-year-old Constitution of The Bahamas and on the anniversary of the historic referendum of 2002, former Attorney General Paul Adderley revealed some of the most pressing issues that his group would have to address.
Although he said it would probably be at least another two years before any constitutional changes would be proposed in the form of another referendum, Mr. Adderley said the process must start now to avoid the “botched” process employed by the Free National Movement Government last year.
That process – which resulted in a political split – culminated in the wholesale rejection of five referendum questions that the then opposition Progressive Liberal Party Government claimed were rushed and shoved down the throats of Bahamians.
As the major players in the referendum reflected on February 27, 2002, Mr. Adderley and his commission are looking ahead at the various provisions that would be addressed during the pending constitutional review.
“The concept of queen of the Bahamas will have to be examined,” said Mr. Adderley, speaking to the Bahama Journal from his downtown office Thursday. “The Privy Council as the final court of appeal will also have to be considered. The powers of the prime minister, the existence of the senate, the terms of judges, powers of minister and powers of parliament [will all have to be addressed.]”
Mr. Adderley – one of the framers of the Bahamian Constitution – said the review is intended to create a “Bahamian Constitution”, one that is not imposed upon Bahamians by the British.
He also reflected on why the former administration failed “miserably” in its “Vote Yes” campaign.
“It never, ever ought to have happened,” Mr. Adderley said of the referendum. “The legislation itself was very badly drafted. The questions that were put were very badly put. It [was] mistake.”
He said the “really awful legislation” should never have been passed in parliament.
Every Member of Parliament, with the exception of the leader of the Coalition for Democratic Reform Dr. Bernard Nottage, supported the legislation.
Voters were asked whether they agreed to end gender discrimination in the constitution.
Mr. Adderley said the gender discrimination question needs to soon be looked at seriously.
The FNM government also asked voters to vote yes for the establishment of a teaching service commission and independent boundaries commission.
They were also questioned as to whether they agreed for the position of an independent parliamentary commissioner to be entrenched in the constitution and they were asked by the then government to approve extending the retirement age of judges.
The resounding answer?
No.
Those no’s were for the most part straight across the board.
It was a vote charged with political overtones, coming as the general election political campaigns were swinging into gear.
It was also a vote from which many lessons were learnt, according to Mr. Adderley. He said that during the campaign, the FNM never sought to defend its position, but chose instead to attack the fact that the PLP had changed its minds after PLP MP’s voted in favour of the referendum bills in parliament.
Another reason why the vote failed was that the then government did not engage in widespread consultation, he said.
“The FNM stuck by their guns,” Mr. Adderley said. “They went ahead, full speed ahead, trying to support the indefensible. Mr. Christie, the prime minister, had the courage to say ‘I made a mistake.’ If Mr. Ingraham had had the courage to do the same thing, it would have meant withdrawing from the referendum and starting all over again. So he was in a trap…a trap of his own making, of course. By the time the referendum was held, he pretty much knew what deficiencies there were in the legislation.”
The lack of consultation and poorly drafted bills formed the underlying thread that appeared to add strength and credibility to the PLP’s “Vote No” campaign.
Mr. Addereley, who last year outlined eight reasons why Bahamians should vote no on the referendum questions, said Thursday that the government underestimated the education and awareness levels of the electorate.
In fact, he said voters were, “a reasonably well-informed electorate.” But he added that the referendum issue came to Bahamians “late” and they were not prepared to allow anyone to “tamper with their constitution.”
It was a throwback to remarks made during the referendum period by Prime Minister Perry Christie – then opposition leader – who said that Bahamians “are not dumb or stupid.”
Some political observers said at the time that the referendum of 2002 sealed the Free National Movement government’s doom. But if there was one man who had a crystal ball even before the historic day of February 27, 2003, it was former Prime Minister Hubert Ingraham.
Mr. Ingraham had said that the party that “won” the referendum would win the general election.
He was right.
On May 2, an electorate anxious for change swept the government he led for almost 10 years from office. It was by all accounts a crushing defeat with the FNM capturing only seven of the 40 seats in the House of Assembly. The PLP won 29.
Mr. Adderley said the FNM Government also erred by holding a referendum too close to a general election, opening the process up to a political split with voters siding with the political party of their choice. But he said many FNM’s voted against the referendum questions.
Now, he is left with the task of spearheading a more comprehensive review of the highest laws of the land.
The work of the 21-member Constitutional Review Commission is a challenging task, Mr. Adderley said.
The Commission has not started dissecting the constitution, he said.
The group is in the process of putting together a booklet aimed at educating more Bahamians on their constitution. That booklet is expected to be available by the end of next month.
The next step, Mr. Adderley said, would be to hold public meetings to continue that process of education.
The Constitutional Review Commission has two years to make its report.
By Candia Dames, The Bahama Journal
