COMMISSION ON CONSTITUTIONAL AND ELECTORAL REFORM

TERMS OF REFERENCE

In the spirit of continued national unity begun on Unity Day (March 8, 2010), the Peoples Democratic Movement and the Progressive National Party have agreed to appoint a Commission to conduct a review of the constitutional and electoral framework in the Turks and Caicos Islands and to make whatever recommendations they deem appropriate for constitutional and electoral reform.

The Commission is required to consult widely within the Turks and Caicos Islands and with such outside entities and/or individuals as they deem appropriate and report their findings and recommendations for constitutional and electoral reform to the Leaders of both the Peoples Democratic Movement and the Progressive National Party by the end of July 2010. The Leadership of both Parties will thereafter work with the appropriate authorities to produce and implement the agreed reforms.

In conducting their review and in making recommendations, the Commission is asked to consider:

1. Any provision for strengthening and protecting civil and rights in the Turks and Caicos Islands.

2. The appropriateness and viability of the single member first pass the post electoral system for a jurisdiction of the size and complexity of the Turks and Caicos Islands, and whether it or another system is more likely to minimize the potential for abuse and produce a strong legislature capable of fulfilling its oversight and legislative responsibilities, taking into account any provisions for the proper and effective functioning of legislative committees in this process.

3. The viability of implementing a second chamber in the legislature and the makeup of the legislature whether it is unicameral or bicameral.

4. The qualification for political office.

5. The qualification for becoming a voter.

6. The life of the legislature, the tenure of political office and any viable provisions for recall of persons holding political office.

7. Whether the provisions for ensuring transparency and accountability in public office are strong enough and the viability of enshrining same or stronger provisions in the constitution.

8. The appropriateness and viability of implementing provisions for the management of public finances in the constitution.

9. Any provisions for the registration and management of political parties and the management, conduct and financing elections and political campaigns.

10. Any other provisions that could engender greater checks and balances in the legislative and governmental process.

11. The question of ministerial responsibility vis-a-vis the civil service and the appropriateness of having a Governor as President of the Cabinet.

12. The viability of the Public Service Commission and the Judicial Service Commission.

13. The powers, responsibilities and appointment of the Cabinet Secretary.

14. The powers, responsibilities and appointment of the Governor and deputy Governor.

15. The powers, responsibilities and appointment of the Attorney General.

16. Any provisions for the appointment of separate and independent legal counsel to the Governor and/or the Premier and/or the Cabinet and/or the Legislature.

17. Any provisions relating to the appointment of political and other advisors to the Government.