Reimagining the Constitution

RAVI RAMKISSOON

AS TT continues its journey toward modernity and regional leadership, its constitutional framework remains burdened by colonial-era laws and outdated legal principles.

While activist Jason Jones continues to challenge discriminatory legislation at the Privy Council in the UK, his case highlights a much broader need for reform. A truly progressive society cannot flourish while its highest legal document – the Constitution – protects laws that violate basic human rights.

To ensure that TT not only keeps pace with global human rights standards but also carves out a space among First-World democracies, the following six constitutional reforms must be prioritised:

1. Repeal colonial-era laws that criminalise sexual orientation
Despite a landmark 2018 High Court ruling that deemed sections of the Sexual Offences Act unconstitutional, LGBTQ+ individuals in TT continue to live without full legal protection. The Constitution must be amended to explicitly prohibit discrimination based on sexual orientation and gender identity. Legal ambiguity leaves room for prejudice, persecution, and institutional bias – something no democratic nation should tolerate.

2. Abolish the “savings law clause”
The so-called savings law clause, a relic from colonial rule, shields pre-independence laws from constitutional scrutiny – even when those laws contradict fundamental rights. This has allowed colonial statutes, such as those criminalising same-sex intimacy, and even consensual heterosexual activities, to persist. Abolishing this clause is essential to ensure that all laws, regardless of origin, comply with modern human rights standards.

3. Transition fully to the Caribbean Court of Justice (CCJ)
TT remains tethered to the British Privy Council as its final court of appeal. This undermines regional legal autonomy and delays the development of Caribbean jurisprudence rooted in local realities. Adopting the CCJ as the nation’s highest appellate court would affirm the country’s sovereignty and strengthen regional legal identity.

4. Expand constitutional protections for marginalised groups
The Constitution’s current equality provisions are too general and do not adequately protect people with disabilities, economically disadvantaged groups, and victims of gender-based violence. A modern constitution must contain robust, enforceable clauses that address systemic inequality, promote gender justice, and provide specific recourse for marginalised citizens.

5. Reform the appointment process for independent institutions
Democracy thrives on accountability. Yet in TT the Prime Minister holds excessive influence over the appointment of officials to key oversight bodies such as the Police Service Commission and the Integrity Commission. To prevent partisanship and political interference, the Constitution should mandate a more transparent, bipartisan, and consultative process for such appointments.

6. Introduce term limits and regulate campaign financing
The absence of term limits for the prime minister and the lack of clear campaign finance regulations expose the political system to unchecked power and potential corruption. Constitutional amendments are needed to set term limits for high office and introduce enforceable laws governing political donations, campaign spending, and electoral transparency.

Conclusion
The Constitution of TT reflects the nation’s aspirations, diversity, and values. As calls for justice and equality grow louder across the globe and within our own borders, the need for bold, meaningful reform is undeniable. The future of TT lies not in the comfort of inherited systems, but in the courage to create a society where every citizen – regardless of gender, orientation, or status – is protected, empowered, a