Spotlight on Judge Bernardin Renaud – The man who made it all happen! |18 June 2023
After a first unsuccessful referendum vote in 1992, the reconvening of the Constitutional Commission took place on January 11, 1993 at 9am with certain significant changes – the chairperson was to be independent of the two political parties in the Constitutional Commission. The person chosen was to be no other than Judge Bernardin Renaud, who at the time was a practising lawyer and former Chief Electoral Officer, now the chairman of the Human Rights Commission. And that time, both parties were to be led in the Commission by their party leaders, namely France Albert Rene for the Seychelles People’s Progressive Front (SPPF) and James Mancham for the Democratic Party (DP). Meetings of the Constitutional Commission were to be public and fully covered by television and the press, and despite the composition and authority of the Constitutional Commission, the public and any interested persons could make submissions to the Constitutional Commission in person or in writing.
Seychelles NATION goes back in time in a conversation with the retired Judge Bernardin Renaud about the work of the Commission leading to a successful and unanimous vote at the referendum on June 18, 1993.
Seychelles NATION: Judge Renaud, please share with us what happened during that time?
Judge Renaud: In 1992, the first few meetings of the Constitutional Commission were presided by Minister Joseph Belmont and they were done in private. The first referendum failed to get the 60% requirement for the Constitution to be adopted and we were called back for a second session, when I was chosen to preside over the workings of the Commission. The difference was that the sessions were now public and members of the public were able to follow.
I was already involved in the organisation of the election to choose members of the Commission, organised a referendum and was the secretary of the first Commission. Thereafter, the government authorities decided to appoint an apolitical independent chairperson and the then President of the Republic, Albert Rene, appointed me as chairman of the Constitutional Commission.
Seychelles NATION: Did you have any second thoughts about accepting the position of chairperson of the Commission?
Judge Renaud: Yes, I had. I was hesitant at first and asked for some time to reflect and also to discuss with my children and a few other people before taking up such an enormous task. But on the same date I accepted the offer. The first meeting of the second committee was held on Monday January 11, 1993 at 9am. All media houses were present and people were eager to hear what was going to happen as the two major political parties (DP and SPPF) were sitting at the table.
Seychelles NATION: Were the parties ready for this change?
Judge Renaud: What people do not know is that since the Saturday prior to the meeting, I was going back and forth between the offices of the two political parties in order to establish a relationship on how we would be working. The leader of the DP was still undecided whether or not he would participate in the session and informed that he would convey his decision to us on the following Monday. I found myself carrying out the crucial role of mediator between the two parties. Alas, on Monday, both parties were in attendance.
For the second committee, deliberations lasted until May 7, 1993, totaling 47 sessions. The draft was unanimously approved by all members.
Seychelles NATION: What were the hottest points during the deliberations?
Judge Renaud: We did not hear much about political ideology as we were drafting a legal document. The main subject that fueled the debate was land that had been acquired by government. In the team, there were people who had gone overseas on exile and who had come back after many years. Another major topic was the separation of power of the Police and Military who were at that time controlled by the State.
I had to do the checks and balances in the deliberations to ensure that the main beacons of the Constitution were maintained.
Seychelles NATION: How did you remain impartial in the process?
Judge Renaud: By nature, the fact that I took this responsibility, Seychellois had their trust in me. I have always been like that and I was known for being impartial and apolitical. People and organisations were free to come make their suggestions towards the Constitution. We also received many letters.
Before accepting the position of chairman of the Commission, I ensured that the leaders of both parties would be part of the process and this was quite a task in itself. I had to iron things out as and when necessary.
Seychelles NATION: How was the atmosphere in the room?
Judge Renaud: The atmosphere was tense and you could feel it. Each party was quite rigid and this was one of the biggest assignments/challenges I have undertaken in my life. At the time, I was in charge of the election moving from one party state and there was an air of extreme tension in the country. People were agitated and I was conscious that if I made a mistake in my work, in my word or gesture, things could deteriorate into a national uproar. I knew that the task I had at hand was a huge one – to maintain peace and diffuse the tensions nationwide.
When we set out on the second Commission, the two leaders were not on talking terms, and understandably so. It took a few sessions for the tension to gradually ease off. I was always trying to maintain a peaceful atmosphere during the sessions. After 7 weeks it paid off.
When came March, I felt the burden and I was wondering whether we would ever see a light at the end of the tunnel. We took a much needed two-week break after which we continued with the work.
I doubt if anyone could guess how hard the task was each day. I had to speak to both parties before the meeting. It is difficult for anyone to fathom how we felt in the moment. I tried my best to engage my every sense of professionalism in order to maintain a straight and navigable path from beginning to end.
I do not know if people can appreciate the service I rendered to the country. Transition from a one-party state to multi-party state leading to a new Constitution…the service I rendered to the country, I do not think there is another person that can render such service or do the job.
The draft Constitution was put to a referendum for three days, June 15-18, 1993 for a vote on the three main islands – Mahé, Praslin, La Digue and on June 18 the results came and the Constitution was approved by 73.9%.
The question to the Seychellois – Do you approve the Constitution? Yes or no. There was only one box and we needed 60% of yes. But we reached 73.9%. Then I declared the results.
The work accomplished by Judge Bernardin Renaud and his team is quite phenomenal and will always be remembered as a very important and significant chapter of our history…
Thank you, Judge Bernardin Renaud, and long live the Constitution of Seychelles!
Vidya Gappy