Legal Commentator – by Tahna Weston
Legal Commentator Urges Constitutional
Attorney-at-law E. Ann Henry said the Constitution of Antigua and Barbuda is 45 years old and that a Constitutional Review Commission has already been established. She said the process must be driven by genuine consensus and must involve the people.
“As one who has repeatedly called for constitutional reform, it is my expectation that this current administration will take the cause seriously and will adopt a policy of consensus-building while pressing forward with reform, bearing in mind the nature of the Constitution, which is a primary commitment in writing, of, for, and by the people of Antigua and Barbuda,” Henry said.
Among her specific concerns is the protection currently afforded to Barbuda under Section 123 of the Constitution, which she said is far narrower than most people realise. She warns that land ownership and environmental matters fall entirely outside that protection.
“Many of the issues now which are of relevance to life in Barbuda, including, for example, environmental matters and land ownership and control are not devolved to the Council under that Act. Notably, they are not devolved to the government under our Constitution either.
“So, care has to be taken to understand the parameters of Section 123. There are those who will take the view that the people’s engagement in the running of the affairs of the country extends to the vote at general elections or by-elections. I differ with that view,” the attorney said.
She continued, “This leaves the door open for a current parliament with the requisite majority to pass ordinary legislation… which could directly affect and impact those kinds of issues on the ground in Barbuda.”
Henry said history has already shown how that gap can be exploited. In 2007, an ordinary Act of Parliament created a system under the Barbuda Land Act requiring both the Barbuda Council and the wider community to approve land allocation on the island. No referendum was needed to pass it.
“Fast forward to 2016 and by another ordinary Act of Parliament, the 2007 law was amended, with the result that the entire regime under the 2007 Act, which required the engagement of the Barbuda people and Council, was dismantled,” she noted.
