In a nation fraught with political controversies, a new controversy has grasped Jamaicans. This latest controversy relates to Jamaica’s initiative to reform its Constitution leading to the nation becoming a Republic.
Over the past year, the government-appointed Constitutional Reform Committee (CRC), which inexplicably doesn’t include representatives from the diaspora, has been making recommendations to reform the Jamaican Constitution to make it more pertinent to the planned republic.
Recently Jamaica’s Minister of Legal and Constitutional Affairs sought signatures of CRC members on the CRC report prior to submitting it to the Cabinet. However, Opposition Leader Mark Golding instructed representatives of the Opposition on the CRC not to sign the report until concerns he has about the constitutional reform process are addressed.
Golding expressed his concerns in a letter to Prime Minister Andrew Holness on May 7. Among Golding’s concerns is the matter of Jamaica’s ultimate court. He believes in breaking from the British monarchy Jamaica should also break from having the UK Privy Council as its ultimate Court, with the Caribbean Court of Justice (CCJ) as the new republic’s ultimate court. Holness, on the other hand, firmly supports the retention of the UK Privy Council. Golding wants the CCJ/Privy Council matter dealt with immediately, and not later.
While the question of Jamaica’s highest court is pivotal to a reformed Jamaican constitution, the current controversy isn’t really over the court issue, but regarding dual citizenship for Jamaicans seeking to serve in Jamaica’s parliament.
Last week at a news conference, Golding expressed his opinion that the reformed Jamaican Constitution should allow Jamaicans who hold citizenship from non-Commonwealth countries, like the USA, to serve in parliament. He believes dual citizenship shouldn’t be a “bar to service.”
Under the current Jamaican Constitution, individuals holding citizenship in non-Commonwealth countries who have pledged alliance to those countries, are barred from sitting in the House of Representatives. But Jamaican citizens who are also citizens of other Commonwealth countries, like the UK and Canada, who have resided in Jamaica for at least one year are eligible to serve in parliament.
Some Jamaicans, including members of the Jamaican diaspora, support changes in the reform Constitution making it possible for Jamaicans living in countries like the US being able to serve in Jamaica’s parliament, once they swear allegiance to Jamaica and reside there for at least one year before being elected to parliament.
Interestingly, the CRC report, supports Jamaicans who are also non-commonwealth citizens serving in parliament. Section 6.1.9 of the report reads: “Therefore, in our view as long as a Jamaican citizen meets the residency requirement and swears an oath of allegiance to Jamaica and to uphold and defend the Constitution of Jamaica, his/her dual citizenship should not preclude him/her from eligibility to sit in our Parliament.”
Astonishingly, Goldings’s opinion on Jamaicans holding dual citizenship be included in the reformed constitution so they can serve in parliament, prompted an acidic response from some leading members of the ruling government party. Since Golding, who was born in Jamaica to an English father, became the leader of the PNP and Opposition Leader, there have been racist inferences about his color, being a white Jamaican, and his place of birth. Last week some JLP members demanded Golding disclose if he’s also a British citizen.
Golding responded that he’s both a Jamaican and British citizen, as his British father got him a British passport when he was a child, but his service in parliament is according to the Jamaican Constitution. He viewed the JLP’s criticism as politically motivated as “the local government elections and recent polls seem to have some grasping for straws.”
Compounding the controversy, in a TV interview last Monday, asked his opinion on dual citizenship, Holness said he is okay with Jamaicans with dual citizenship serving in parliament, except for the prime minister, who, according to him, should definitely not hold dual citizenship. Some Jamaicans, responding on social media saw Holness’ opinion as targeted directly at Golding, and very hypocritical. After all, some claim, Holness’s mentor and the man behind his ascension as JLP’s leader was Edward Seaga, the late, former Jamaican prime minister, who held dual citizenship being born in the US, to Jamaican parents.
Golding is also being criticized for being hypocritical, wanting a new Jamaican Republic to make a clean break from the UK Privy Council while he himself retains British citizenship.
Appearing on another TV morning show on Tuesday, Golding reiterated he’s a British citizen with a British passport but is willing to give the matter of relinquishing his British citizenship some thought, more so if singular Jamaican citizenship is a requirement of the new Jamaican Constitutions.
Many people, including PNP supporters, believe it would be politically astute for Golding to surrender his British citizenship in his quest to be Jamaica’s next prime minister. “Golding is definitely serving in parliament according to the constitution, but his and the PNP’s political goals could be derailed if he persists in keeping his British passport. He cannot risk seeming hypocritical,” said a veteran PNP member.