Sears Demands Constitutional Amendment for
Free Press
PLP Promised Free Press Since 1953
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| Alfred Sears, former Attorney General |
A free press is vital to
any democratic society and along with the citizens’ right to know, former Attorney
General Alfred Sears is calling on the government to amend the Bahamian constitution
to include press freedom.
“I believe that the right
of the people of the Commonwealth of The Bahamas to know and to be kept
informed on the conduct of public affairs via a free press is so fundamental
that it should be expressed in the constitution rather than left for judicial
construction,” Sears said during his address at The Bahamas Press Club’s recent
meeting at the British Colonial Hilton.
During his presentation
on ‘The Role of the Media in National Development,’ Sears said he is advocating
for the constitution to be amended to include the right to vote and freedom of
the press as fundamental rights.
“I make no apologies for
this because as I look at the history of the Commonwealth of The Bahamas, the
most dramatic examples of accountability have been those occasions when the
press through its diligence, through its investigation, and through its
determined efforts have reported on the misdeeds of public officials within our
country. It is then that we respond by
appointing Commissions of Inquiry,” Sears explained.
The discussion to include
freedom of the press in the Bahamian constitution isn’t new.
In 2013, the Constitutional
Commission chaired by Sean McWeeney, QC, advocated for the amendment of the
constitution to include a free press.
According to the
Constitutional Commission’s report, “It cannot be denied that a free and
unbridled press is one of the most important institutions of a democratic
society and is deserving of constitutional protection.”
The report recommended
that Article 23 of the Bahamian constitution be expanded to include a reference
to freedom of the press and the media.
The Constitutional Commission
also made the same recommendations in 2006.
Article 23 of the
constitution states, “Except with his consent, no person should be hindered in
the enjoyment of his freedom of expression.”
Sears also agree that
this phrase should be construed liberally to include freedom of the press.
Sears, who is also the
Progressive Liberal Party’s Fort Charlotte candidate, explained that the PLP,
since its inception in 1953, included a free press in its pledge.
The PLP pledged in 1953,
according to Sears, “A press which is unbridled. A press which may be irritating, but it is a
press which is not controlled by the policy makers of the state, by the
politicians and by the vested interest within the society.”
The Fort Charlotte
candidate expressed that the PLP, in its founding documents, also promised
servant leadership.
However, Sears said
servant leadership is not modeled in the political affairs of the country and
as a result, citizens become fearful of those who exercise power.
“The concentration of
power is so great, especially in the Office of The Prime Minister, that the
citizens feel intimidated and fear with good reason because there have been
cases where people have been victimized,” he added.
“And therefore, we see
that the exercise of public power within the Commonwealth of The Bahamas tend
to have a chilling effect on robust public conversation and petitioning of the
government.”
When situations like this
occur, Bahamians must wait five years until another general election for their
voices to be heard, Sears said.
But, Bahamians should not
have wait five years, he explained, because “the important role and the
important function of a free press within a democratic society is one of the
safeguards of democracy.”
