Constitution Review by Cynthia Barrow-Giles and Rico Yearwood
After becoming a republic in November 2021, Barbados has embarked on the second stage of its planned constitutional overhaul. To this end, a newly established Constitutional Reform Commission has been mandated to consider and propose any matter for inclusion, exclusion or modification in a new Republican Constitution for Barbados. While there are reasons for optimism, there are also concerns with the legal limitations of the Commission. Further, the final arbiter of the substance and form of the new Constitution will not be the Barbadian society at large or even the Commission but, in fact, the Parliament of Barbados. Much, therefore, will depend on the extent of political will to effect fruitful constitutional reform.
The Constitutional Reform Commission and its mandate O n the heels of public criticism that the Government of Barbados intended to transition to a republic without the benefit of nationwide consultation, popular mobilisation and other critical reforms, Prime Minister Mia Mottley promised Barbadians that beginning January 2022 and into 2023, a programme of public consultation would commence with reference to the concomitant constitutional reform project. On 24 June 2022, the ten-person Constitutional Reform Commission (“the CRC”) was launched under the Chairmanship of retired Justice Christopher Blackman. That it took some
six months to do so may be partly explained by the fact that in December 2021, the Prime Minister announced a snap election for 19 January 2022, and thereafter, the Government had to contend with the continued onslaught of the COVID-19 pandemic. The Attorney-General, Dale Marshall, with overall responsibility for the CRC, noted the disquiet but justified the seeming delay citing the elections and strain of dealing with COVID-19 and adding, “We had to make sure that the Commission is well funded because … in order to have the kind of in-depth consultation … that a modern Barbadian is entitled to and would want, we have to make sure that a lot of systems are put in place.” He further stated, “… We have been methodical in our work in getting this process off the ground and in making sure that the best possible arrangements for this Commission are put in place. There simply can be no false steps.”
Professor Cynthia Barrow-Giles Professor of Constitutional Governance & Politics The UWI, Cave Hill Campus
Rico Yearwood Adjunct Lecturer in Law The UWI, Cave Hill Campus
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