Five non-governmental organisations banded together to issue a statement Wednesday asking government for a structured civic education campaign before the referendum on the constitution occurs.
Unaware the government had announced it was postponing the constitution referendum planned for May, the NGOs also asked for a delay in the referendum.
The NGO Constitutional Working Group, which put out the release, consists of the Cayman Islands Chamber of Commerce, the Cayman Ministers Association, Concerned Citizens Group, People for Referendum and The Forum.
‘By educating Caymanians about the available options in the relationship with the UK and civic education in general, we believe the electorate will be better informed and equipped to discuss, consider and debate the proposed constitutional changes,’ the release stated. ‘If the electorate does not understand the issues, then their decisions will be based on the positions taken by politicians and they will follow personalities rather than taking positions on defendable policy for constitutional revisions.’
The NGOs noted the public was becoming much more familiar with the various forms of governance, but lamented the fact that it only appears to happen when the government is required by the UK to review the administrative relationship.
‘It is regrettable that the constitution is not being viewed independently of this so as to ensure that it is a comprehensive process that is not being driven by political expediency by a group of individuals.’
The NGO Constitutional Working Group said it met with Constitutional Review Secretariat Director Suzanne Bothwell recently.
‘We asked Mrs. Bothwell how and when the public education will be structured and implemented in order to then solicit the informed views of the electorate. We were advised that the views and education of the public would have to be done simultaneously,’ the release stated. ‘This is, we respectfully submit, an untenable situation, but apparently necessary due to the time constraints imposed purely as a result of seeking a referendum in May 2008.’
The announcement in December 2007 that there would be a referendum in May 2008 came as a surprise to the NGOs because no one knew then what matters would be addressed in the referendum. That, plus the fact only weeks after the government released its summary of proposals it announced the referendum would take a yes or no form, leads the NGOs to believe the constitution process is being conducted in haste.
The NGOs asked Mrs. Bothwell if an analysis of the advantages and disadvantages of having a bill of rights enshrined in the constitution had been conducted and they were told it had not been with no explanation.
‘This left us wondering how the public can then understand the means by which the Government made a decision to implement a Bill of Rights in the constitution, let alone any details that should or should not be in the written bill of rights.’
The NGOs also raised several other points in its statement.
‘We raise the above points, not to state that the decisions made by the Government were good or ill-conceived, but the mere fact that we have to raise the above questions without receiving sufficient answers, demonstrates that we as a country have not yet been equipped to hold a meaningful referendum.’
The NGOs recommended a structured governance education programme that is inclusive of matters the PPM Government may not subscribe to so the people have a fair opportunity to properly evaluate and understand the proposed changes to the constitution.
‘Unless there public has the benefit of structured and meaningful governance education, they may not have the opportunity to focus on broader issues other than those specifically outlined in the Government’s proposed constitutional changes in order to give additional input to their own suggestions to be included in the Constitution.’
Looking at recent developments in the UK with regard to its apparent readiness to draw up its first-ever written constitution, the NGOs stated that Justice Secretary Jack Straw said the process could take between 10 and 20 years.
The NGO pointed out that Professor Jeffrey Jowell, who is advising the Cayman government on the constitution modernisation process, helped draft a document in 2007 titled ‘A Bill of Rights for Britain?’
A passage in that document reads: ‘Any move to introduce a British bill of rights must start with a comprehensive public education campaign and a major consultation process, as has happened in Northern Ireland. This is essential to obtain sufficient public awareness and consensus over its content.’
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