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EDITORIAL

The Upcoming Election as a Constitutional Referendum

Wednesday, May 26, 2004

The Leader of the United Democratic Party (UDP), the Hon McKeeva Bush, said last week that his party would publish its recommendations for the modernisation of the Cayman Islands Constitution as part of its election manifesto.

Mr Bush also indicated that November’s General Election would thus become a referendum for constitutional reform.

UDP Chairman Billy Reid added that his party’s re-election as the reigning government in the upcoming election would indicate a mandate from the people to go forward with the party’s recommendations for the amendment of the Constitution.

It is a welcome development to hear that the UDP will announce the changes it has in mind for the Constitution before the election, and make its recommendations thereof a major part of its campaign.

Although the General Election is not the referendum that some people, including members of the People’s Progressive Party (PPM), had in mind for the vitally important issue of constitutional modernisation, it is a good opportunity to indeed get some sort of mandate from the people on the substantive issues in debate.

Whether or not we call our top elected official the Chief Minister or something else will not substantially affect the future of the Cayman Islands, however, such issues as single member constituencies and maximum terms of office very well could. Indeed, so important are these issues to some people that they could determine the way a person votes.

One possible major benefit of having the election serve as a referendum on the long overdue constitutional reform might be that it could fast track the process if its enactment, or at least the implementation of some of its elements, similar to the way the Executive Council (now Cabinet) implemented various aspects of the Vision 2008 exercise even though it had not been enacted into law.

A separate referendum on the Constitution would further delay the process, not to mention cost the Government a lot of money to conduct. In a time when the country has several vital infrastructural needs, it is wise to save public money when and were possible.

Even though the General Election apparently will now serve as a mandate for Cayman’s constitutional reform, whichever political party takes power in November should not ignore additional input from the public, especially on issues that have not been at the core of the Constitution debate.

For instance, the need for a section in the Constitution on human rights might very well become more of an issue as the year progresses, and the public should have the opportunity to offer suggestions

The Leader of the Opposition, the Hon Kurt Tibbetts has said that he expects that there would be further consultation with the PPM should they take the reins of government in November. We hope that the UDP would do the same.

Regardless, the stakes for the upcoming election have increased significantly with the idea of the process becoming a referendum on the Constitution. Possibly more than ever before, Cayman voters will need to be well informed to understand the changes the opposing political parties are recommending, and also of the effects that these changes will bring.

Referenda still might become a useful, and perhaps even a preferred way of polling the Cayman electorate on important issues affecting the country in the future, but there is simply not enough time or money to have one on the issue of the new Constitution. In this case, the General Election will have to do, making every vote cast one not only for a candidate, but also one for future of every single person living in the Cayman Islands.

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