Letter of the Day | Jamaica becoming a republic remains a pipe dream

THE EDITOR, Madam:

Every year when we celebrate our independence, British monarchy being our head of state reminds us that we are not fully independent.

On paper, Jamaica is an independent country. In reality, with the King as our head of state, we remain a constitutional monarchy shackled to our colonial past. This is not a debate whether Jamaica should become a republic, which should be the next step, but is it happening anytime soon?

The King, as the head of state, holds a deeply entrenched position in the Constitution. This means that no one political party can change that on its own.

To amend it, two-thirds of both the Senate and the House of Representatives must vote in favour of such a change. Previously, the Jamaica Labour Party (JLP) held 49 of 63 seats in the Lower House, which meant it could easily achieve a two-thirds majority vote. But, in the Senate, 13 of the 21 senators represent the ruling party and eight represent the Opposition, so at least one opposition vote is always required.

The People’s National Party (PNP) holding 29 seats in the Lower House, bipartisan cooperation is absolutely necessary to achieve the two-thirds majority in both Houses. It is important to note that while a national referendum is often discussed in public debate, it is not a constitutional requirement, but an approach the JLP administration has suggested in an effort to gain broader legitimacy for the transition.

While both the PNP and JLP seem to agree on removing the King, there’s a stalemate. The PNP insists that, if monarchy is removed, the Privy Council should be replaced with the Caribbean Court of Justice (CCJ). If Jamaica is going to achieve full independence, the most important matters cannot be decided by a court foreign to Caribbean realities. However, Prime Minister Dr Andrew Holness seems to be pushing for a local court of last resorts.

Unless both parties can find common ground, the likelihood of this historic move being realised remains slim. While issues such as public apathy and cost play a role, the real stumbling block is the political deadlock over the CCJ and constitutional reform — this remains the central barrier to Jamaica becoming a republic.

In addition, political tribalism ensures that each party prioritises scoring points over genuine constitutional reform. We saw this when the then PNP government attempted a change. The party passed three bills: The Caribbean Court of Justice Act, The Constitution Amendment Act, and The Judicature Act. The legislation was soon successfully passed by ordinary provision. However, some civil society groups challenged those acts in court. Eventually, the Privy Council ruled that the government did not follow the proper procedure because the Privy Council judges have an entrenched position in the Constitution. Therefore, a simple majority vote cannot pass that law.

The PNP reintroduced the legislative bills in 2015. Once again, the House passed them with a two-thirds majority, but the Senate blocked them as members voted along party lines. So the legislation was not passed.

The JLP administration, under the leadership of Edward Seaga, stated that the CCJ was new, so we should not put our trust in it. Seaga also argued that the Privy Council costs us nothing; therefore, we should retain it as our final appellate court. Times have changed and the CCJ has established its legitimacy. Even Lord Phillips, a former president of the Supreme Court of the United Kingdom, hinted at Jamaica needing to move forward. The JLP’s argument is no longer valid.

If we want change, we need a leader who is willing to stretch across the aisle, unifying two parties for the good of a nation. A leader who understands that constitutional reform is bigger than party loyalty. Will that leader be Prime Minister Holness? But the clock is ticking, and the next four years are his chance to prove he can deliver real change as it relates to Jamaica’s final appellate court.

ALIYAH HALL

Bachelor of Arts Journalism

student

The University of the West

Indies