I continue to be encouraged and excited when our young people express interest and opinions about governance and democracy in Anguilla. We must never take for granted the vital importance of engaging our youth. This engagement must be meaningful, not superficial; our youth are thinking critically and we must never underestimate their ability to be the catalyst for positive change in our country.
In no better way is this exemplified than in our ongoing process of constitutional reform. I have expressed on several occasions the need for greater inclusion and extensive consultation with the people on constitutional reform, particularly now, as we have before us a new Elections Act (2019), inclusive of At Large Voting, that will require significant effort to educate the electorate in preparation for the next general elections. The elections are, constitutionally, less than a year away.
In the last two sittings of the House of Assembly, I raised important questions in relation to the level of preparedness to execute a proper voter education campaign, in light of the fact that, based on international standards and best practices, amendments to electoral laws require a minimum of 12 months to effectively implement them. I even noted the following excerpt from the Venice Commission on Electoral Law (2013); the commission is an internationally recognized body that provides important guidelines to the effective implementation of electoral law to ensure free and fair elections; the United Kingdom is also a long standing member of the commission:
“The fundamental elements of electoral law, in particular, the electoral system proper, membership of electoral commissions, and the drawing of constituency boundaries, should not be open to amendment less than one year before an election, or should be written in the constitution, or at a level higher than ordinary law.”
“In general, any reform of electoral legislation to be applied during an election should occur early enough for it to be really applicable to the election”
(Venice Commission Document on Electoral Law, 2013, page 41).
The questions I raised stem from serious concerns by the people that, in an attempt to fast track implementation of select constitutional amendments, including the new Elections Act (2019), the responsibility to ensure that no member of the electorate is disenfranchised has been discarded. While some may argue that public consultations have taken place in relation to the new Elections Act (2019), I would ask how meaningful have these consultations been? How extensive have they been? Have they ensured that these consultations take place within every district? Have they utilized every medium possible to educate the voters on the new electoral system? Furthermore, having regard to the fact that grandchildren now qualify to be new members of the electorate, what is being done in this regard to educate those who will register and who wish to participate in the next elections? I remind you again that we are less than 12 months away from the next general elections in Anguilla. Based on international standards and the level of activity we have seen thus far in relation to voter education, I am not satisfied that we have even met the minimum requirements.
While the Minister of Home Affairs expressed her confidence in the Central Electoral Office to facilitate the voter education process satisfactorily, I have grave concerns whether or not that office has sufficient resources to plan, implement and execute a robust and sustained voter education campaign, which is now critical given that we are less than 12 months away from a general election.
There are still many persons who are confused about the new electoral system proper, and how this will impact the level of representation that they desire. There are also those who raise questions about the impact of a new constituency of grandchildren entering the voting pool and the consequences, whether positive or negative, on the outcome for the future governance of the country.
Likewise, in a recent discussion I had with some enlightened youth, questions were raised about persons who have gained Anguillian citizenship through marriage, naturalization, or by residency status and whether or not they may feel disenfranchised and discriminated against by not being able to participate fully in the electoral process as other Anguillians. Should this constituency not also have the same rights afforded to them as other citizens? Does this leave us open to a constitutional challenge in the courts?
These are issues that, as competent and inclusive leaders, we must deal with successfully. This can only be achieved through meaningful consultation, discourse and debate – this is what participatory democracy is all about.
As a vessel of the people, it is my duty to raise these questions and concerns, not to be a provocateur or to be controversial as some may label me, but to indicate that the process is not linear. Participatory democracy has ebbs and flows that we must traverse in order to reach broad consensus. Our goal should always be to uphold the principles of democracy – majority rule with full and unhindered participation. This is how we will get the best out of this constitutional reform process. I urge the current administration once more to desist from political rhetoric such as “They Talk, We Deliver” – because what is being forced upon the people (not delivered as they suggest) will have serious ramifications for our people now and for future generations. This is why partisan politics must be left at the door when we come to the table of constitutional reform.
The current administration would seek to paint all criticisers of its conduct as “Naysayers”, but the truth is that the people have had enough of a government that refuses to listen and engage meaningfully on issues of national importance. The time will come when the people’s voices will be heard. This is why it is critically important for us not just to implement the new Elections Act (2019) but to ensure that it is done correctly, with careful thought and full consideration for the will of the people.
