Dialogue on constitutional reform in SVG

The dialogue on constitutional reform in St Vincent and the Grenadines is one that should be continued.

This is the view of University of the West Indies lecturer in constitutional law, Dr Christopher Bulkan, who delivered a public lecture on Tuesday, dubbed “Constitutional reform in St Vincent {{more}}and the Grenadines – An opportunity lost?”

Despite the title, Bulkan highlighted that his goal was not to say whether St Vincent and the Grenadines’ 2009 attempt at constitutional reform was a lost or gained opportunity, but rather to discuss the issues that bear upon constitutional reform in general and issues that pertain specifically to this country.

While giving a thorough history on constitutions, Bulkan stressed the importance of such a document in a country.

“Modern constitutions are really foundational documents,” the lecturer said.

“Modern constitutions basically aim to do two things: organise political arrangement and speak to charioteers of rights or individual rights. All are subject to the constitution. There can’t be anyone above the constitution. Anyone or any institution. So this is a foundational document but at the same time it is a supreme document, a supreme source of law.”

In his address, Bulkan stressed that any reform process will be a tough job to carry out considering the fact that the constitutions handed down to the Caribbean from the United Kingdom were drafted based on their specific social, political and cultural conditions.

“The Caribbean is one of the last places – where we are now 50 years into independence in the oldest states; Jamaica and Trinidad and thirty years or more in the youngest and still across the commonwealth Caribbean only Trinidad and Guyana have actually reenacted new constitutions in their own parliaments. Everywhere else still retains the original documents, some with modifications and changes,” he explained.

Although stating that there were excellent proposals included in the 2009 constitution reform attempt, Bulkan questioned whether these proposals were thoroughly developed.

“The 2009 constitution introduced a number of excellent reforms. Things like capping ministers at a certain level; a provision facilitating civil society to address parliament;

a provision requiring accountability of representatives to their constituents. All of these were excellent proposals. The question is, did they go far enough?” he said.

The lecturer further assessed the 2009 constitution based on its role in relation to governance arrangements, rights and several other issues.

In his conclusion, Bulkan pointed out that the fact that the majority of Vincentians voted “No” in a referendum does not mean that constitutional reform in this country is a lost cause.

“I think in the project of constitutional reform, there are no lost opportunities,” he said. “The actual process of constitutional remaking is an ongoing one and the fact that the people of St Vincent in a referendum said no is simply their signal, not that the process is at an end, but that the process, up until that point was, in the majority’s view, deficient.”

Professor Bulkan’s lecture was organised by the Vincentian Students Association (VINSA) of the UWI Cave Hill campus.(BK)