Constitutional and human rights lawyer Professor Shaista Shameem emphasizes that any evaluation of the 2013 Constitution should take into account its review provisions, which have been around since 2014. She argues that involving the populace in a referendum is crucial, as disregarding public opinion would undermine the principles of governance.
According to Professor Shameem, many positive aspects of the 2013 Constitution merit reassessment a decade later, and those advocating for changes should not fear conducting a referendum. If leaders are transparent and considerate of public sentiments, it could alleviate the perception that securing the necessary majority for constitutional changes is unachievable.
She highlights that while amending the constitution may demand a significant majority, it is not an impossible feat—a persuasive approach can help bridge the gap. However, there is a concern that proponents aiming to abolish the 2013 Constitution may doubt their ability to gather public support, leading them to attempt alterations outside legal frameworks, which she argues would be unlawful.
Reflecting on the passing of ten years since the Constitution’s enactment, Professor Shameem believes that the time has come for thoughtful consideration of any potential amendments. She also addresses a common misconception about the Bill of Rights, stating that limitations are inherent in international law, as even the Universal Declaration of Human Rights includes clauses on limitations. Those advocating for unrestricted rights should consider the detailed limitations outlined in the 1997 Constitution, previously endorsed by civil society.
Before proposing any amendments to the 2013 Constitution, Professor Shameem urges those involved to carefully reconsider their approaches.
It is hopeful to see that discussions around constitutional amendments are taking place, indicating a willingness among some stakeholders to engage with the public and ensure that any changes reflect the collective will. This dialogue can pave the way for a stronger foundation of governance that truly represents the voices of the people.
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