Recommendations for Reform of the Constitution of Grenada
It is hereby notified for general public information that on 14 July 2014 the Cabinet of Ministers of Grenada approved in principle the twelve (12) Recommendations made to the Minister of Legal Affairs on 7 July 2014 by the Grenada Constitution Reform Advisory Committee for Reform of the Constitution of Grenada.
Those Recommendations are as follows:
THAT THERE BE INSTITUTED AS THE FINAL COURT OF APPEAL FOR GRENADA THE APPELLATE JURISDICTION OF THE CARIBBEAN COURT OF JUSTICE ESTABLISHED BY THE AGREEMENT ESTABLISHING THE CARIBBEAN COURT OF JUSTICE, SIGNED BY GRENADA ON 14 FEBRUARY 2001, IN SUBSTITUTION FOR HER MAJESTY IN COUNCIL.
THAT THE NAME OF THE STATE BE CHANGED FROM GRENADA TO GRENADA CARRIACOU AND PETITE MARTINIQUE.
THAT THERE BE SUBSTITUTED FOR THE EXPRESSION ‘CHIEF OF POLICE’ THE EXPRESSION ‘COMMISSIONER OF POLICE’ .
THAT IT BE STATED THAT THERE SHALL BE RECOGNISED RESPECTED AND ADHERED TO AS FUNDAMENTAL ESSENTIALS OF PARLIAMENTARY DEMOCRACY AND GOOD GOVERNANCE, THE INDEPENDENCE OF THE JUDICIARY, THE SEPARATION OF POWERS PARTICULARLY FOR PROTECTING THE JUDICIARY FROM THE PARLIAMENT AND THE EXECUTIVE, AND THE RULE OF LAW.
THAT THERE BE SUBSTITUTED FOR THE EXPRESSION ‘PETIT MARTINIQUE’ THE EXPRESSION ‘PETITE MARTINIQUE’.
THAT THERE BE INSTITUTED AN INDEPENDENT ELECTIONS AND BOUNDARIES COMMISSION TO TAKE OVER AND COMBINE THE RESPONSIBILITIES OF THE SUPERVISOR OF ELECTIONS AND THE CONSTITUENCY BOUNDARIES COMMISSION.
THAT THERE BE SUBSTITUTED FOR THE EXPRESSION ‘SUPREME COURT OF GRENADA AND THE WEST INDIES ASSOCIATED STATES’ THE EXPRESSION ‘EASTERN CARIBBEAN SUPREME COURT’.
THAT IT BE SPELT OUT THAT NO PERSON SHALL BE QUALIFIED TO HOLD OR ACT IN THE OFFICE OF ATTORNEY-GENERAL UNLESS HE OR SHE IS ENTITLED TO PRACTISE AS AN ATTORNEY-AT-LAW IN GRENADA.
THAT THE FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL BE REFINED, as shown in Appendix 1 hereto.
THAT BROADER RIGHTS AND FREEDOMS OF THE INDIVIDUAL, AND RELATED DUTIES OF THE STATE , BE PROVIDED FOR; SET OUT IN A NEW CHAPTER 1A ON DIRECTIVE PRINCIPLES OF STATE POLICY; as shown in Appendix 2 hereto.
THAT THE OATH OF ALLEGIANCE BE CHANGED SO THAT ONE BE REQUIRED TO BEAR TRUE ALLEGIANCE, NOT TO ‘HER MAJESTY QUEEN ELIZABETH THE SECOND, HER HEIRS AND SUCCESSORS’, BUT INSTEAD TO ‘GRENADA’.
THAT CERTAIN PERSONS SHALL CONDUCT THEMSELVES IN SUCH A WAY AS NOT TO PLACE THEMSELVES AS TO HAVE A CONFLICT OF INTEREST, OR TO COMPROMISE THE FAIR EXERCISE OF THEIR FUNCTIONS, OR TO USE THEIR PUBLIC OFFICE FOR PRIVATE GAIN, OR TO ALLOW THE INTEGRITY OF THEMSELVES OR THEIR OFFICE TO BE CALLED IN QUESTION. THESE INCLUDE THE GOVERNOR-GENERAL, MINISTERS, MEMBERS OF PARLIAMENT, THE VARIOUS COMMISSIONS ESTABLISHED BY OR INCORPORATED INTO THE CONSTITUTION.
Dated this 25th day of August 2014
GRENADA CONSTITUTION REFORM ADVISORY COMMITTEE
CHANGES TO CHAPTER 1
That the concept of discrimination be widened to include expressly ‘age, place of birth, ethnicity, religion, social class, disability, language’.
That a person who is arrested or detained be expressly assured the right to be informed ‘with sufficient particularity’ of the reasons therefor and the right to legal representation, both ‘without delay after being arrested or detained’.
That every person shall have the right to enjoy intellectual property rights; against organs of the state, other public authorities and private persons or entities.
That no person shall be deprived of the rights and freedoms guaranteed by this Chapter 1 ‘except by due process of law’.
That, as part of freedom of expression, there be expressly protected the right to freedom of the press.
That freedom of association be expressly made to cover association, not only in trade unions, but also in political parties.
That a child who is born out of wedlock shall be entitled to the same legal status as a child who is born in marriage.
That every child up to eighteen (18) years of age who is a citizen of Grenada shall be entitled to publicly funded tuition in a public educational institution.
That women are entitled to equality with men especially as regards opportunities for education, job-training, job-promotion; and equal pay for equal work.
That there be guaranteed the right of every citizen of Grenada-
(i) who is qualified to be registered as an elector for elections to the House of Representatives, to be so registered; and
(ii) who is so registered, to vote in free and fair elections.
There shall be a right to gender equality. Whenever in this Constitution there appear the expression ‘he’, ‘him’, ‘his’; there shall be substituted therefor respectively the expression ‘he or she’, him or her’, his or hers’.
DIRECTIVE PRINCIPLES OF STATE POLICY
The state has a duty to protect the natural resources of the state.
The state has a duty to protect and preserve the environment; and not let it suffer degradation.
The people have a right to a healthy wholesome environment.
Subject to the resources in and available to the state, the people have a right to
adequate nourishing food: the people have the right to food which is safe, nutritious, and ecologically, socially, economically and culturally appropriate; and to food producing resources and the ability to sustain themselves and their society;
potable water which is affordable and whose supply is constant and reliable;
good primary and secondary health facilities.
Every person has a right to expressions of culture that are free of interference by the state; subject only to such regulation as is necessary for protecting the rights of others and the public interest.
There shall be freedom of access to information regarding the affairs of the state subject only to such overriding public interests as the protection of national security
Persons who are duly certified as being challenged physically, visually, aurally and or mentally have a right to an enabling environment to develops their talents so that they may contribute to national development.
The Government should strived to exercise fiscal responsibility so as not to unduly burden the people financially.
The Government should strive to so manage the public finances of the state as to avoid Grenada falling into onerous debt.
It is the duty of Parliament, the Government, the Courts and all other public authorities to be guided in the discharge of their functions by the principles set out in this Chapter. For these are directive principles of state policy.