THE OPPOSITION Jamaica Labour Party (JLP) said yesterday that it will support a republican form of government only if there was a referendum to decide Jamaica's final Court of Appeal.
"I want to make it clear that the JLP will only agree to the replacement of the monarchy when the people are consulted by referendum about the future of the right of appeal for Jamaicans through the Privy Council as the final Court of Appeal," Edward Seaga, the JLP leader, said yesterday.
"This position has been taken because of the determination of the government to remove the right of appeal to the Privy Council without any prior consultation with the people of Jamaica by referendum."
Mr. Seaga was responding to Prime Minister P.J. Patterson's announcement on Sunday that his administration was bent on taking Jamaica into a republican state by 2005.
Mr. Patterson, at the closing session of the 65th annual conference of the People's National Party at the National Arena in Kingston, told supporters that "the time has come when we must move from a monarchical form of government to a republican form of government."
And noting that he saw no reason why the process could not be completed within 18 months, he added that the country was ready "to consign to history these last vestiges of colonialism".
For Mr. Seaga, however, Mr. Patterson's declaration was nothing more than a smoke screen to divert from the more fundamental issue of the Government's desire to abandon the Privy Council as the country's final Court of Appeal in favour of a Caribbean Court of Justice (CCJ) without first consulting the people of Jamaica.
"The change to a republic means nothing more than appointing a Jamaican President to replace a Jamaican Governor-General with no more powers to do anything other than perform the same set of ceremonial duties presently carried out by the present Governor-General," said Mr. Seaga.
"The symbolic importance of this change is recognised," said the JLP leader. "However, the critical importance of maintaining in place the safeguard of access to the Privy Council as our final Court of Appeal is paramount. In these circumstances, the JLP would not be willing to sacrifice this safeguard to our system of justice in order to enable the establishment of a republic without consultation with the people through an appropriate referendum."
LEGAL FRAMEWORK
Controversy continues to swirl around the CCJ, even after Jamaica and its Caribbean Community (CARICOM) counterparts signed off on the legal framework, clearing the way for the composition of the regional body back in July. Critics have been maintaining that the decision is much too important for the Government to make without getting the people on board.
But, Mr. Patterson on the weekend again made it clear that the avenue for a referendum on the CCJ had long been closed. "I am willing to engage in dialogue ...I am willing to listen to suggestions. However, on the CCJ there will be no referendum. The people of Jamaica will be engaged through their representatives in Parliament."
Mr. Seaga, saying he was disappointed in the Government's stance, doesn't see much hope in the Prime Minister's vision of a Jamaican republic. "Since the Government wishes to proceed on this course, the retention of the Queen as Head of State would become essential," he said.
ESSENTIAL SAFEGUARD
"This will allow Jamaicans to exercise their inherent right to seek justice through the Privy Council directly by petitioning the monarch, even if the Constitution is amended to remove the right of appeal through the Privy Council. The retention of the Queen has therefore now become an essential safeguard in the retention of the system of justice which Jamaicans know and trust."
He said the Government must now decide whether it is prepared to abandon its intention to seek republican status which requires a referendum it cannot win without the JLP's support, "or to seek that support by agreeing to consult with the people in a referendum on the future of the right to appeal to the Privy Council."
To remove the Queen as Head of State requires the approval of a two-thirds majority of all members of both Houses of Parliament.
"It is safe to say, then, that the move to a republican form of government will occur only if both political parties agree," added Mr. Seaga.
A statement from Jamaica House yesterday said that Mr. Patterson had not yet seen anything official from the JLP and therefore was not in a position to comment.
