Professor Shaista Shameem, a prominent constitutional and human rights lawyer, emphasizes that any examination of the 2013 Constitution should carefully consider its built-in review provisions, which date back to 2014. She argues that the genuine involvement of citizens is paramount, and any referendum regarding constitutional changes should not be dismissed, as this would neglect the public’s sentiments on governance.
Shameem points out that while the 2013 Constitution includes valuable elements, it also has aspects that merit reevaluation a decade later. She urges those advocating for constitutional amendments not to fear the referendum process. If leaders respect and engage effectively with the populace, they may find that the proposed majorities required for change are attainable.
She notes that while significant majorities are often necessary for constitutional amendments, achieving such a consensus is possible with effective persuasion. However, it appears that some advocates looking to completely overhaul the 2013 Constitution are uncertain of their persuasive capabilities, preferring instead to pursue changes outside of the constitutional framework, which she argues could be unlawful.
Additionally, Shameem addresses misconceptions about the limitations within the Constitution’s Bill of Rights, stating that even the Universal Declaration of Human Rights includes a limitation clause. She urges proponents of vast, unrestricted rights to reflect on the detailed limitations outlined in the earlier 1997 Constitution, which was supported by civil society.
Before any amendments to the 2013 Constitution are put forward, Professor Shameem advises that advocates take a moment to reconsider their proposals.
This article touches upon the crucial role of public involvement in constitutional matters, highlighting the importance of listening to citizens as a foundation for a successful democratic process. Engaging with the community can lead to constructive discussions and may inspire positive reforms that reflect the needs and desires of the people.
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