By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

FORMER Attorney General Sean McWeeney says any government planning a constitutional referendum should act early and start small, focusing on “low-hanging fruit” like entrenching national symbols, declaring English the official language, and constitutionalising the right to vote, warning that waiting too long invites public distrust and defeat.

Speaking at a four-day University of The Bahamas conference on the future of democracy, Mr McWeeney, who chaired the Constitutional Commission in 2013, said the later a referendum is held in a government’s term, the greater its chances of defeat.

“Don’t wait too late to bring it on,” he said. “It behooves the next government to stage a referendum early on, within say, the first 12 to 18 months following the general election when it’s popularity and by extension, the marketability of its constitutional reform proposals are likely to be in pretty good shape.”

He said past constitutional referendums on gender equality failed because of voter distrust and frustration with government agendas.

Mr McWeeney said reform should begin with smaller, less divisive measures. “Instead of starting with big, blockbuster heresies, such as men and women should be treated equally, we should start instead with smaller, less shocking reforms,” he added.

He identified several “low-hanging fruit” reforms, many from the last Constitutional Commission report: requiring that the Governor-General, Chief Justice, and Court of Appeal President be Bahamian citizens; constitutionalising the Office of the Ombudsman; and ensuring the executive’s power to enter treaties requires pre-approval rather than only post-ratification.

He also urged that the Parliamentary Commissioner, Boundaries Commission, and wider electoral system be removed from ministerial control and placed under an independent, constitutionally protected body.

“The key thing is to get people accustomed to changing the constitution,” Mr McWeeney said. “Right now, there is a very deeply ingrained resistance to that and then once we get people accustomed to these smaller changes, we can move to the big ticket items like expanding the fundamental rights and freedoms under the Constitution.”

The Bahamas has held two constitutional referendums since independence, both unsuccessful. The first, in 2002, sought gender equality and other reforms. The second, in 2016, again proposed amendments to achieve gender equality. Both were rejected by voters.