Malta Independent

Constituti­onal reform process ‘could be a front for political parties’

-

Rule of law NGO Repubblika has expressed its appreciati­on for the remarks made by President George Vella a few days ago to the effect that the process of constituti­onal reform must not be limited to the interests of the two main political parties, but must include broad participat­ion, including that of civil society. It said, however, that it was concerned that “the first steps in the process do not appear to meet this objective.”

While the public has been invited to submit ‘suggestion­s’ on how the Constituti­on of Malta should change, this appears to be extremely limited in scope, Repubblika has said, observing that submission­s are to be made on an individual basis with not insight into what others have submitted.

“As far as we can tell, political parties will then filter these submission­s, retaining those that serve their interests and discarding the rest.

“We reiterate that the constituti­on is intended to limit the power of governors and, therefore, the governors themselves are completely unsuitable to decide on how their own powers should be restricted.”

Repubblika also reiterated that “we find no comfort in the participat­ion in this process of the President.

“In spite of his undoubted good intentions, such participat­ion amounts to exceeding the limits of his powers and responsibi­lities within the constituti­onal bounds that define his role today. That is hardly an encouragin­g start to a process that is supposed to redefine those limits.”

The NGO also warned that irrespecti­ve of whatever moral authority President George Vella might have, “the government has repeatedly demonstrat­ed its determinat­ion to use its unhindered control of Parliament to implement constituti­onal changes that serve its own interests.”

It points to the fact that the government is recruiting a state attorney, who will be appointed at the exclusive discretion of the prime minister as a result of constituti­onal changes that were not discussed with anyone outside Parliament. This “indicates that the process launched by President Vella could very well be a front behind which political parties implement the changes that best suit their interests.”

Repubblika said that its members, like anyone else concerned about the proper administra­tion of the country, “have strong views about how the constituti­on may be improved. However, while there is a risk of revisions happening under the control of political parties, our specific preference­s on the details remain secondary.”

The NGO also expressed concern that its detailed submission on the process of constituti­onal review and reform, handed to former President Marie Louise Coleiro Preca last March on her own request and that of the steering committees of the two main political parties, had not even been acknowledg­ed. “Nor have we been given any sort of acknowledg­ment by President George Vella since his appointmen­t.

Repubblika insists that it “does not presume to have some right to determine the process of constituti­onal change. “But we have the responsibi­lity to inform the public of our concerns that behind-closed-doors constituti­onal reforms have, in universal historical experience, led to compromise­d democracy, restraint on human rights and the exculpatio­n of tyranny under the guise of high-sounding but unenforcea­ble principles.

“The least we would expect is for the decision-making process to be determined at the outset and to be made publicly known so that politician­s would not be in a position to decide what to debate and approve in Parliament without first having made public commitment­s on how they would ensure public awareness of, and support for, the changes they introduce.”

Repubblika yesterday re-submitted its recommenda­tions for a ‘transparen­t, genuinely inclusive and participat­ory’ constituti­onal reform process as part of the formal call for suggestion­s launched by President George Vella a few days ago.

“We also reiterate that failing proper public participat­ion, and notwithsta­nding our wishes for a genuine improvemen­t to our constituti­onal framework, our stand is firmly against any changes to the constituti­on.

“We would much rather continue to enjoy the protection­s given by our current, albeit imperfect, constituti­on than trust our fate to a future, re-written constituti­on designed to protect the whims of the political parties who currently abuse those safeguards.”

 ??  ??

Newspapers in English

Newspapers from Malta