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INDEPENDENCE CHECK LIST (See para 7.1)
ANNEX 9
1
1.1
1.2
STEPS TO BE CONSIDERED PRIOR TO A CONSTITUTIONAL CONFERENCE
Requests from Territories for a move towards Independence are normally only considered when it is clear that it is the wish of the majority of the people to seek Independence and that all the people of the Territory have been consulted. This requirement is normally satisfied by an election in the DT in which Independence is a stated objective (but could also be satisfied by a referendum on Independence: consideration would be given to an Autochthonous Constitution).
Once it is established that the majority of people desire Independence there follows, usually within 3-6 months of the election, a preliminary meeting in London between representatives of the DT and the FCO with the object of reaching agreement on the outline of subjects for discussion at the Constitutional Conference. The latter is normally held in London within 6 months of the preliminary Conference. This timetable is not however rigid and can be extended if necessary. Because of the time required for legislative and other arrangements Independence is unlikely to be reached in less than 6 months after the Constitutional Conference.
2
MATTERS TO BE SETTLED AT FINAL CONSTITUTIONAL CONFERENCE
2.1
Constitutional
October 1978
General character of constitution, including membership of Commonwealth (see para-
4)
Name of country
Legislature: number of Chambers, size, composition
Speaker
Executive: Cabinet
Electoral System: the possible need for an electoral Commission to review electoral procedure and whether (further) elections are required before Independence
Fundamental rights and freedoms
Citizenship (see para 2.4)
Appointment of Governor-General (where appropriate)
Public service, in Constitution
Judiciary and courts (including Court of Appeal)
Appeal to Privy Council (where appropriate)
Land Laws.
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