The process of constitutional reform should be led by citizens and not be controlled by politicians, Repubblika, the NGO that promotes the rule of law, is insisting.
“Reforms that are top-down, controlled by politicians, conducted by horse-trading between political parties behind closed doors, and introduced without the inclusion of citizens or by plebiscite after populist campaigns, concentrate power in the hands of the executive rather than enhance the workings of democracy,” the NGO said in its written recommendations to the President and the Steering Committee on Constitutional Reform.
On the other hand, it argued, “a citizen-led reform” that is inclusive and participatory has the potential of renewing Malta’s democracy. It would leave a legacy of a “vibrant institutional framework” that could protect the rights and interests of present and future generations and the built and natural environment.
Repubblika said it had been told the parties prefer to hold their discussions privately and without media scrutiny, and although they intended to consult NGOs, these consultations would be in one direction – towards them – without public debate.
“The committee was also very vague in its plans for community information, speaking in general terms about an ‘education campaign’ but without exact plans on proper public engagement and participation in the drafting and decision-making stages,” it said.
The NGO said the Steering Committee appeared to be intended as the place where decisions would be taken by the political parties before proceeding to adoption by Parliament in a rubber-stamping exercise.
“The risks of this top-down approach to our democratic well-being, such as it is, are unacceptable,” Repubblika said.
The document presented to the President and Steering Committee sets out a number of basic principles the NGO considers should guide the reform process.
The Constitution, it holds, is to be amended, not replaced.
The parties prefer to hold their discussions without media scrutiny
Changes are to be phased in thematic sectors and not adopted as a package.
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Changes that in isolation could increase the powers of the executive should be adopted together with changes that curtail them.
The process of design is to be transparent and any proposed change must be considered on the basis of reasons for and against its adoption.
Also, constitutional reform is not time barred, the NGO says.
Repubblika is also proposing the setting up of five organs that would interact at the stage of drafting constitutional changes, namely:
A Parliamentary Working Group made up of all parliamentary political parties and led by a mediator they all trust on the lines of the existing Steering Committee;
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A Civil Society Representative Group modelled on the Malta-EU Steering and Action Committee to provide an environment of structured information exchange and decision-making with civil society;
A Citizen Jury chosen on the same basis as jury selection in the courts;
A Reform Governance Committee with an inter-institutional background to manage the engagement between these organs.
The aim of the Citizen Jury, which is modelled on experiences in Ireland and Iceland, would be to oblige promoters of reform to persuade, in an open forum, people who would not wield power under a reformed Constitution but would be governed by it. The Parliamentary Working Group should seek the views of experts and civil society.
Read: How would experts reform the Constitution?
“These exchanges should be transparent and open to the media and public scrutiny. Debates should be streamed live and transcribed, and people with different and contrasting views should be given the space to provide alternatives and disagree publicly and on public record,” the NGO said.
After agreeing on a coherent set of proposals about a single aspect of the reform, parties would argue their case in front of the Citizen Jury, which would also hear arguments against.
“Approval by the Citizen Jury should guide MPs in their decisions and voting which should in any case be free of the party whip,” Repubblika said.
Efforts by this newspaper to contact members of the steering committe for comment proved futile.