What does Tobago autonomy look like?

INGRID MELVILLEE

Part 1

WHEN WE talk about autonomy, there are certain elements that we expect for Tobago within the sovereign democratic state of TT. These are:

1. Law-making authority.

2. Executive authority.

3. A framework for the management of public sector human resource in Tobago.

4. Access to resources and an enabling environment for sustainable development.

5. Clarity as to the geographical area for which the Tobago island government will have responsibility to make laws and policy.

These features must be entrenched within the Constitution of TT so that they are not easily interfered with.

Autonomy for Tobago will mean that Tobago remains a part of the country of TT, but the government in Tobago would have the power and resources which would allow it to make laws and policies which would create an enabling framework and which would result in an empowered population and sustainable development of the island.

Today I will consider the issue of lawmaking power for the Tobago legislature even as the strains of our national anthem resound in my mind, “Side by side we stand.”

For Tobago to have autonomy, the Constitution must grant the Tobago legislature the authority to make laws for Tobago, just as the Constitution provides the Parliament with the authority to make laws for TT.

In 2021, two bills were debated in the Parliament to provide Tobago with autonomy, including lawmaking power. These were: the Constitution (Amendment) (Tobago Self-Government) Bill 2021, and the Tobago Island Government Bill.

The life of these bills have been preserved in the Parliament.

As we are dealing with lawmaking, it should be noted that the Constitution (Amendment) (Tobago Self-Government) Bill 2021 proposes to establish a Tobago legislature and states that the Tobago legislature “may make laws for the peace, order and good government of Tobago with respect to matters as prescribed.”

The words “as prescribed” are very critical as it is the Tobago Island Government Bill, in its Schedule 2, which contains the list of matters that the Tobago legislature may make laws for.

It is not the Constitution but another act of Parliament which will give the real lawmaking power to the Tobago legislature. By way of comparison, the Constitution of St Kitts and Nevis provides the list of matters for which Nevis can pass laws in Nevis, in a schedule within the Constitution.

The Constitution (Amendment) (Tobago Self-Government) Bill 2021 provides heavy clawback provisions, in effect taking back the lawmaking power of the Tobago legislature.

The first sign of this is in clause 8 (4) which provides, “Where a Tobago Act is inconsistent with an Act passed by Parliament, the Act passed by Parliament shall prevail to the extent of the inconsistency.”

This sweeps away all lawmaking power of a Tobago legislature.

It should be comforting that clause 8 (5) seems to state that Parliament will not have authority to make laws in Tobago with regard to the matters listed in Schedule 2 of the Tobago Island Government Bill.

However, clause 8 (6) states that Parliament can take back the authority to make laws in Tobago in the interest of external affairs, national security, a state of public emergency or in a national financial crisis.

St Kitts and Nevis has two limitations with regard to the lawmaking powers of Nevis. These are external affairs and defence. In any situation where the interference with the lawmaking powers of Nevis is to be brought into effect, a consultative process involving the premier, the prime minister and the governor general is followed.

This is a critical safeguard which our lawmakers will do well to adopt together with the collaborative respect for institutional autonomy which underpins the St Kitts Constitution for lawmaking.

In keeping with the landmark motion in January 1977, moved by our former president, prime minister and chairman of the Tobago House of Assembly, ANR Robinson, autonomy for Tobago in 2023 will allow TT to take a positive step to bring its national laws in compliance with its international human rights obligations in instruments such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights which provide that:

“All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

This self-determination is only possible in 2023 if the Tobago legislature can appropriately pass laws.

In my opinion, in its present configuration, the autonomy for Tobago, reflected in lawmaking for the peace, order and good government of Tobago, will not occur if these two bills are passed without amendments. In effect, Parliament will not be a brother or sister lawmaking institution to the Tobago legislature but will remain a superior lawmaking institution. Adopting a model closer to the St Kitts Constitution will allow TT to truly walk “side by side.”

Ingrid Melville is an attorney