By Dr Francis Alexis QC FOCUS FORWARD 1 Last week we gave you a general overview of highlights of the noble goals of the SAINT VINCENT AND THE GRENADINES CONSTITUTION 2009, proposed by the Government of PM Dr. Ralph Gonsalves, after more than six years public consultations, and passed on 3 Sep last by the House of Assembly. Going forward, we shall each week focus on a different highlight, starting now with the strengthening of the protection of human rights. FROM KINGSTOWN TO PORT OF SPAIN 2. First , though , we rejoice that Dr. Hamid Ghany, Dean of the Faculty of Social Sciences, UWI, St. Augustine, Trinidad and Tobago, a member of the Vincentian 2009 Constitution Drafting Committee, was on 5 Sep last most deservedly named by Trinidadian PM Patrick Manning as Head of the National Team on public consultations on the draft 2009 Trinidadian Constitution. We warmly congratulate Dr. Ghany, and wish him God’s blessings as he continues his excellent work on constitution reform, from Kingstown to Port of Spain. THREE NEW WAYS 3. It , the proposed 2009 Vincentian constitution, will strengthen the protection of human rights in three new ways. It will add some new features to, and otherwise increase, “the fundamental rights and freedoms” now enforced by the High Court, paras 4-6 below refer. It, for the first time, will guarantee several “rights” in “ guiding principles of State policy” to be recognised by the High Court, paras 7-9 below refer. It, for the first time, will provide that when wrongs are done by public authorities to “the basic human rights”, the proposed Human Rights Commission (“HRC”) may address these, paras 10-11 below refer. THE FUNDAMENTAL RIGHTS AND FREEDOMS 4. It will increase express features of some of “the fundamental rights and freedoms” whose protection is today enforced by the High Court . 5. Unlike today, it will spell out that if property is compulsorily taken possession of or acquired, “compensation which in all the circumstances is fair and reasonable” will have to be paid “within twelve months of the date of the taking of possession or acquisition”, Clause 30 (1) . Unlike today, it will specifically guarantee “freedom of the press”, Clause 34 (1); the “right... to participate in collective bargaining” , Clause 35 (1); and the “right... to form or belong to political parties”, Clause 35 (1). 6. An 18 year old will now have the human right to civil legal responsibility, entailing, eg, the right to marry and to dispose of property without others’ consent, Clause 38. It will first address the providing of criteria for deciding between capital murder ( attracting the death penalty) and non-capital murder; it will enable Parliament to prescribe criteria, but will confine non-capital murder to murder committed in sudden passion, Clause 29 (4) ; to protect the right to life . RIGHTS IN GUIDING PRINCIPLES 7. Unlike today, it will provide “rights” in “guiding principles of State policy”, many of which are human rights type assurances. It will give a person “ the right to work...and the right to be paid fair remuneration for his work”, rendering a fair day’s work , Clause 10 . There will be “ the right to the enjoyment of health”, Clause 11. Lawful deprivation of personal liberty would not, without more , justify interference with one’s other liberties as those to have one’s own hair-style or dietary practices, Clause 13. There will be “a right to the enjoyment of freedom of culture” , Clause 16; also “ the right to participate actively in party politics...and express political opinions”, Clause 6 . 8. Persons born out of wedlock will be entitled to the same legal status as those born in wedlock , Clause 22 (2) . It will assert “the right establish a family”, and that the State shall protect marriage between two persons of the opposite sex, Clause 17. It will protect rights of children , Clause 22 (1); young persons, 19-20; the elderly and the disabled, 18; and equality between men and women, 21. 9. Whether one has “an arguable interest” to apply to the High Court for relief regarding a contravention of the general provisions of the constitution would be viewed against the background of the guiding principles, Clause 256 (4) . So the rights in these principles will be judicially recognised . THE BASIC HUMAN RIGHTS 10 It will enable people to complain to the proposed HRC about wrongs by public authorities to “the basic human rights...whether or not amounting to unconstitutional contraventions of the fundamental rights and freedoms”, Clause 46. So “the basic human rights” may be wider than “the fundamental rights and freedoms”. 11. If the HRC finds that such a complaint has been made good, it may make a recommendation to the A-G as to how the wrong may be addressed ; it may also make written representations to others to spur action; Clause 47. THE RIGHT THING 12. As the proposed 2009 Vincentian constitution will achieve the noble goal of strengthening the protection of human rights at these three new levels, approving of it in the referendum 25th November coming will be the right thing to do.