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Executive Summary Chapter I: Westminster in the Caribbean: Viability Past and Present, Prospects for Reform or Radical Change A. Impetus for Change B. Governance: The Heart of the Matter C. The Crucial Role of Civil Society D. Critiquing Westminster E. The Power-Sharing Option F. Reforming Westminster Chapter II: The Constitutional Reform Process: Commissions, Procedures and the Role of Civil Society A. Lessons from the Reform Process in Belize B. The Challenge of Sustaining Civic Action C. Utilizing New Technologies and the Media D. A New Emphasis for Constitutional Reform Commissions Chapter III: Local Government: Decentralization, Citizen Input and Community Action in Governance and Development A. Citizen-Driven Governance B. Local Government Reform and Constitutional Reform Chapter IV: Regional Integration: Small States and Political Sovereignty in a Global Economy A. Constitutional Requirements of Integration B. Caribbean Courts of Justice Chapter V: Summary of Recommendations A. Proposals for Improving Westminster B. Proposals for Integrating Civil Society into the Political System C. Proposals for Strengthening Civil Society in the Constitutional Reform Process and in Governance D. Proposals with regard to the Constitutional Reform Process E. Proposals regarding Local Government F. Proposals regarding Regional Integration G. Proposals regarding the International Community Executive Summary By 2001, no fewer than 11 nations of the Caribbean Community (CARICOM) had embarked on or were considering reform of their constitutions, and a number of them have asked the Organization of American States (OAS) and the United Nations Development Programme (UNDP) for assistance in carrying out the process. To promote a deeper understanding of the trend, to further the effort and to help point a way forward, the OAS Unit for the Promotion of Democracy (UPD), in coordination with the UNDP, organized a conference on “Constitutional Reform in the Caribbean.” Held in Barbados from January 20 to 22, 2002, the gathering constituted part of the OAS "Democratic Forum Series" and was hosted in conjunction with the University of the West Indies (UWI). The Conference on Constitutional Reform in the Caribbean was not conceived as a mere academic exercise. It was designed as a participatory event including representatives from various sectors of Caribbean society and reflecting different national experiences, and sought to contribute concretely to the current debate in the region regarding the enhancement of democratic governance in the region and the optimal ways to achieve it. The keynote speakers and panelists presented a number of different perspectives in order to give a forthright assessment of the progress, or lack thereof, of the effort to reform Caribbean constitutions and make government more responsive, inclusive and transparent.[1] To ensure a broad range of views, the nearly 60 participants included national leaders, members of parliament, civic organizers, legal experts, members of constitutional reform commissions, scholars, political activists and representatives of international institutions from throughout the English-speaking Caribbean and Suriname. The panel discussions focused on four issues: • Westminster in the Caribbean – Viability Past and Present, Prospects for Reform or Radical Departure. • The Constitutional Reform Process – Commissions, Procedures and the Role of Civil Society. • Local Government – Decentralization, Citizen Input and Community Action in Governance and Development. • Regional Integration – Small States and Political Sovereignty in a Global Economy. The organizers of the conference drafted terms of reference that outlined the points of discussion on these themes and posed general questions for participants to address. They noted that the four themes are linked, particularly with regard to the need to enhance the role of civil society in the constitutional reform process, in governance overall and in the regional integration effort. The conference organizers recognize that the list of topics is not exhaustive, and acknowledge that time limitations did not provide for a complete discussion of all the issues and how they are manifested in the different political contexts of the Caribbean. It is the hope of the organizers, however, that the proceedings of the conference will constitute the beginning of a sustained inter-sectoral debate on the status of constitutional reform and governance issues in the region. As OAS Secretary General César Gaviria noted in his inaugural remarks, "the OAS [did] not come here with any pre-conceived notions for constitutional reform. We appreciate that the issues are as complex and varied as the countries themselves. By casting our net wide by including many different points of view and encouraging lively discussions we hope to contribute in some small but helpful way.” During the conference, a number of generally shared viewpoints emerged: A. The constitutional reform trend is driven by a widespread desire, at all levels of Caribbean society, for better governance and greater equity. In the face of mounting global pressures there is a need, and a growing popular demand among increasingly knowledgeable citizens, for more effective democracy that can improve people’s lives. As Secretary General Gaviria said, there is a “new spirit” in the region to “deepen democracy.” Participants also noted that democracy in the region must appropriately reflect the socio-cultural realities of the Caribbean. B. Participants generally favored reform rather than radical change of the Westminster model of parliamentary government, noting the relative resilience of democracy in the region, particularly in comparison to the rest of the developing world. At the same time, weaknesses, limitations and imbalances in the current system were examined in detail, and concerns were expressed that four decades after the first of the English-speaking nations achieved independence, there was “a crisis of governance,” which could lead to instability in the region unless serious and substantial reforms were implemented. C. A general belief that one key to effective reform is maximizing citizen participation in the constitutional reform process, in governance generally and in the Caribbean integration effort Participants underlined the need to integrate civil society into the governing process at the local national and regional levelsas part of a more consultative and consensual approach to policy making and implementation. As stated by Sheilah Solomon, Coordinator of the Trinidad and Tobago based Citizens Caribbean Agenda Network: “The emphasis must be on equity in the decision- making process. Equity cannot be quantified, but equitable decision-making can produce more equitable results.” Related specifically to constitutional reform efforts, it was generally agreed that constitutional reform commissions should reorient their work and place greater emphasis on citizen participation and input. D. Participants agreed that governments should be more responsive and more willing to collaborate with civil society. Strengthening civil society should not mean weaker government, but can and should lead to greater willingness on the part of both to engage in mutual and complementary efforts for improved governance. For that to happen, governments and political parties need to be more open and less wedded to adversarial politics and top-down approaches. E. Deepening regional integration, both economic and political, was viewed as necessary for economic growth and prosperity and the preservation of Caribbean sovereignty in the face of an increasingly challenging global environment. Participants generally favored the establishment of the Caribbean Court of Justice as a final court of appeal and as the jurisdiction for hearing trade disputes under the Caribbean Single Market and Economy (CSME) and other regional agreements. F. The international community should enhance its role in fostering debate and cooperation on the issue of constitutional reform between Caribbean countries and among the different sectors of Caribbean society. Despite various experiences with constitutional reform in the Caribbean, many political and civil society leaders involved in these processes are not sufficiently familiarized with developments outside of their own countries. In the roundtable setting of the conference, participants were not asked to agree formally on a set of concrete measures. However, participants made proposals and recommendations, many of which drew wide support, particularly measures designed to_improve the Westminster model, to strengthen civil society and better integrate it into the process of governance, and to enhance cooperation on constitutional reform at the regional and international levels. All are discussed in the body of the Report and summarized in the concluding chapter. [1] To review the full texts of the panel presentations, please go to the website of the OAS Unit for the Promotion of Democracy http://www.upd.oas.org click on “Information and Dialogue,” then on “Democratic Forum.” CHAPTER I: WESTMINSTER IN THE CARIBBEAN: VIABILITY PAST AND PRESENT, PROSPECTS FOR REFORM OR RADICAL CHANGE There was little dispute over the positive aspects of the Westminster experience in the Caribbean. As Billie Miller, Deputy Prime Minister of Barbados, stated: “On balance the Caribbean’s record of constitutional government has been based on a clear respect for the rule of law, parliamentary democracy, the sanctity of
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