OUR Constitution is evolving to higher levels of inclusivity and participatory democracy. Indeed, it is no exaggeration to say that our Constitution is among the most advanced in the region, after having gone through, over the decades, a series of iterative amendments.
The foregoing notwithstanding, no Constitution is perfect, and there is always room for improvement. This is especially so in multi-ethnic societies such as ours, where political behaviour is so often influenced by ethno-cultural considerations.
It is in the above context that the decision by President Dr. Mohamed Irfaan Ali to swear in members of the Constitutional Reform Commission (CRC) is so important. Despite repeated promises by the previous Granger-led administration to activate the Commission, very little was done, and the constitutional reform process was, for all practical purposes, aborted.
As noted by PPP General Secretary and Vice-President Dr. Bharrat Jagdeo, the Party, while in opposition, had promised to put in place a constitutional reform commission to replace the one done earlier by the Granger regime, but which, as it were, failed to see the light of day.
The model used by the current administration, according to Dr. Jagdeo, was the same that was used in the late 1990s, which was five members from both the government and the combined political opposition, and another ten from civil society. This allows for stakeholder participation involving the broad spectrum of the Guyanese society, including political parties, labour, religious organisations, the business community, women and youths.
“We are aware that issues concerning constitutional reform, particularly in relation to a national, inclusive governance model, management of elections, fiduciary accountability, enhancing rights of Guyanese and ensuring constitutional language is simple have been raised and discussed in the public domain. However, we believe that these, as well as other issues, must be part of a process of widespread consultation with the people of Guyana before being acted upon,” the Vice-President noted.
This is indeed a forward-looking move which conforms with the democratic character of the PPP and the PPP/C administration. The Party, in its 2020-2025 Manifesto, said that it is committed to continuous revision of the Constitution, and will ensure that the Committee on Constitutional Reform will pursue nationwide consultations.
This model of stakeholder participation is an advance on what obtained under the previous PNC regime when the 1980 Constitution, which replaced the Independence Constitution, was literally imposed on the Guyanese people, with the main objective of instutionalising PNC dictatorial rule. The 1980 Constitution gave extensive powers to the President as the Head of State with Supreme Executive Authority, much of which have since been reduced by the PPP/C administration after it came to power on October 5, 1992.
In his remarks at the swearing in ceremony of the new members of the CRC, President Ali underscored the pivotal role of the Constitution as a foundational law. A Constitution, he said, “must remain a living document, and not become archaic. It must possess the capacity for adaptation to be relevant, and to effectively address new challenges, societal changes, and emerging issues while upholding its core principles and protecting the rights of citizens”.
This is indeed a step in the right direction, for which President Ali and the PPP/C administration must be commended. In the final analysis, however, whatever the form or shape of the Constitution, for it to be meaningful and serve its intended purpose as the supreme law of the land, it must be respected and not trampled upon.