A “Bermuda-led constitutional conference” is proposed to draw up amendments to the island’s almost 60-year-old charter to ensure that recommendations come from “the people of Bermuda, and not political leaders alone”.

The conference, to be created by a Constitutional Reform Commission, is suggested in a government document calling for feedback on ongoing consultation to bring the Bermuda Constitution Order of 1968 up to date.

The group would consist of formal meetings of representatives from a “cross-section of society”, with members potentially to be drawn from “the executive and Opposition, the legislature, judiciary, constitutional appointees, civil society, businesses, unions, youth and marginalised groups”.

An online column by Peter Sanderson, a constitutional lawyer, queried whether non-Bermudians would be included, given the inclusion of redefining citizens known as “belongers” among the priorities for change.

Belongers, in British Overseas Territories, are defined as people with “significant ties and rights within that territory, including the right to own property and live there indefinitely”.

The concept, which does not confer Bermudian status or voting rights, has been shaped by court rulings over the past decade in Bermuda.

The consultation document, in setting out its agenda for constitutional change, includes “redefining the meaning” of belongers, along with enshrining “an accountability framework for senior constitutional positions” and reviewing the make-up of the House of Assembly, with the potential for cutting the number of MPs.

Mr Sanderson also highlighted the “curious addition” of broadening fundamental rights and freedoms in areas such as gender and disability — noting that the present constitution is “relatively non-interventionist”.

“If the Bermuda Government wished to expand fundamental rights, it could do so via its own Human Rights Act, which it would then have control over if it needs amending in future.”

He questioned whether the UK Government was leaning on Bermuda to bring the constitution more in line with the European Convention on Human Rights, as he said had been the case when other British Overseas Territories took the route of constitutional change.

The Ministry of Justice, which is steering the consultation, was approached for comment on whether the convention had any bearing on Bermuda’s constitutional reforms.

A spokesman responded last week: “The consultation document so far is just about the process. It is not yet seeking actual proposals for reform.

“While certain changes, like expansion of human rights, can be dealt with legislatively, broader reform must be tackled constitutionally. We operate under a 1968 Order, so the time for a comprehensive review to modernise is past due.”

Other priorities for reform, highlighted in the 2024 and 2025 Throne Speeches, are to put in place “an accountability framework for senior constitutional positions” and a review of the House of Assembly, including “a possible reduction in the number of seats”.

The consultation document with draft recommendations was shared with the Bermuda Bar Association, among other groups, ahead of a broader public process.

As well as improving “the protection of fundamental rights and freedoms”, the reforms were said to be necessary to “enhance self-governance and increase autonomy”, strengthen institutions such as the legislature and judiciary and update or remove provisions that have grown outdated or are “no longer necessary”.

The two-year proposed timeline for reforms would end with six months for legislative debate and more public consultation — with the ultimate changes submitted to Britain for approval.

The submission to the UK is required to show “evidence of consultation, and demonstration of popular approval”.