The Tribune

EDITOR, The Tribune.

HAPPY 50th Anniversary Bahamas: What should we do in the next 50 years and beyond? Considerations for constitutional change.

Please permit me a space in your esteemed newspaper to share on this occasion as we celebrate 50 years as an independent nation.

Happy 50th Anniversary Bahamas

Article 71 (1) of the Bahamas Constitution states that the executive authority of The Bahamas is vested in Her Majesty. (2) Subject to the provisions of this Constitution, the executive authority of the Bahamas may be exercised on behalf of Her Majesty by the Governor-General, either directly or through officers subordinate to him. (3) Nothing in this article shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General.

Please note that all references to Her Majesty [Queen Elizabeth II] now refer to His Majesty King Charles III).

King Charles III is king of The Bahamas having been crowned king 50 years later since he (then Prince Charles) came to watch us celebrate our constitutional ‘independence’ from the United Kingdom (UK) in 1973. He is represented in country by the Governor-General. Also note that there is no constitutional requirement for the Governor General or Head of State to be a Bahamian citizen.

I listened to a talk show host yesterday as he posed this question to the audience: is the Bahamas truly independent if our head of state is a foreigner? Some may argue that this is purely ceremonial and that de facto power is reposed in the Prime Minister and the elected parliamentarians.

The question requires some quiet reflection beyond our normal emotional and often polarized commentary.

Is anyone bothered by the fact that our judges, politicians and other pubic officials take an oath and swear allegiance to the King?

The oath of allegiance in the Bahamas is: “I, (name), do swear that I will be faithful and bear true allegiance to His Majesty King Charles the Third, His Heirs and Successors, according to law. This law is ultimately interpreted by our highest court, the Privy Council which sits in London, UK, the seat of our former colonizer.

Does this beg the question, how independent are we from the UK?

I ask you to reflect on the significant political, social and economic changes in the country over the past 50 years. Our constitution is unchanged from inception 50 years ago. It is supposed to be a living document with provision for amendments, it can evolve and adapt to the social environment. Is there room for growth, change or improvement in our system of governance?

Today, I suggest we should change course on this.

50 years, now what?

First, The Bahamas needs a national vision for the next 50 years. An intentional strategy to get from where we are to where we need to be. This is critical before the process of constitutional, social and economic reforms proceed any further.

I have 50 ideas for the next 50 years but will only share a few today. These ideas transcend political parties; they are for all Bahamians not just those of the stop light parties, you know the red, yellow and green voters.

Bahamians of all political sides have realized by now that there are fundamental flaws in the Westminster model of Cabinet Government, especially in a small country like ours.

1. In light of above, there needs to be a constitutional amendment to ensure that separation of powers between the executive, legislative and judicial branches of government. The Executive Cabinet should consist of technical experts not legislators, like MPs and Senators. Thus, Cabinet Ministers should be appointed without the need to be a parliamentarian.

2. Perhaps we need to consider a Bahamian Federal Republic, where the Head of State is a Bahamian President elected directly by the people.

3. There should be a provision for election of Members of Parliament (MPs) on permanently fixed dates possibly every four or five years. This would be a restructured House of Assembly, also referred to as the Lower Chamber, whereby MPs would devote their tenure to the work of their constituents on a full time basis and are paid accordingly.

4. Provisions for an elected Senate, perhaps based on proportional representation, whereby each of the major family islands from Inagua to Abaco will send one senator to the Upper Chamber.

5. Furthermore, there should be a mechanism of recall for all senators and Members of Parliament prior to the expiration of their term in parliament.

6. It should be entrenched into the constitution that parliamentarians are not permitted to hold any diplomatic post such as that of Ambassador, or High Commissioner, etc, until they resign their parliamentary seat.

7. An Independent Electoral Boundaries Commission must be perceived as fair and independent. It should be staffed with reputable citizens appointed by the Head of State upon consultation with Leaders of the various political parties; however, current parliamentarians should not sit on the Boundaries Commission.

8. An Ombudsman, also referred to as, Parliamentary Commissioner for Administration in other jurisdictions, should be established as a central complaint authority against all government agencies.

9. The Judiciary needs to determine its own budget, not the Minister of Justice. It cannot be completely independent until it controls its own finances. And yes, I am keenly aware of the government’s attempts through the compendium of bills in 2022 to address the administration of the Courts.

10. We should also consider increasing the age of Justices of the Supreme Court and Court of Appeal to 80 years. The Bahamian High Courts have lost several good judges to retirement. In light of the lack of incentives, and the fact that many qualified Bahamian lawyers avoid entering this noble profession, the retiring age of Justices of the Supreme Court and the Court of Appeal should be 80 years.

Moreover, the constitution should be simplified to the extent that every literate citizen is able to read and understand what it says. It should be written in a language for students and taught in the schools.

We need to sow the seeds of change today to ensure that we have a harvest for tomorrow. Let’s change our course for the next 50 years. Upward, Onward, Forward, and Together Bahamas, or should I continue to say Long Live the King?

VINCE MARTIN

Advocate for Reform

Nassau,

July 6, 2023.