Constitutional Review Commission hands over report to Governor & Premier
The Constitutional Review Commission Report Handover Ceremony was held on Monday, November 27, 2023, which notably was a public holiday to commemorate the 1949 Great March & Restoration of the Legislative Council.
The Cabinet in June 2020 approved the establishment of the CRC for the purpose of conducting a full review of the Virgin Islands Constitution Order, 2007. The Commission was then established in 2022.
Following a late start to the review process, as well as delays in establishing a physical facility for its secretariat and accessing funds budgeted, the CRC successfully made a request to the Governor for a 6-month extension to its June 2023 deadline and also extended the time for public consultations.
Inclusive CRC
And, in an effort to be as inclusive as possible, the CRC led by Chairperson Lisa E. Penn-Lettsome, even held a consultative public meeting for Belongers residing in the US Virgin Islands (USVI) in May 2023.
Penn-Lettsome had told our news centre that because Belongers residing in the USVI are specifically recognised in the VI Constitution as being eligible to vote in the [B]VI, it has been a practice to include them in constitutional consultative processes.
Premier and Minister of Finance Dr the Hon Natalio D. Wheatley (R7) had said back in September 2023 in the House of Assembly that the Virgin Islands Constitution, which takes the form of an order that is approved by the United Kingdom Parliament, sets out very critical parameters for the relationship between the Virgin Islands and the UK.
“It sets out the functions of government that are delegated and devolved to the locally elected government, and those that are reserved for the UK’s representative in the office of governor.”
Members of CRC
The members of the Constitutional Review Commission were Mrs Lisa E. Penn-Lettsome, Chairman; Ms Janice A. Stoutt, Deputy Chairman (resigned); Dr Charles H. Wheatley; Mr Ronnie W. Skelton; Mrs Bernadine A. Louis; Reverend Dr Melvin A. Turnbull; Dr Benedicta P. T. Samuels; Dr Steve S. Lennard; Ms Maya M. Barry; Mr Sendrick E. Chinnery; Ms Noni M. Georges; Mr Coy W. Levons; Mr Rajah A. Smith; Sir C.M. Dennis Byron; Mrs Tanya Cassie-Parker; and Ms Susan V. Demers.
Controversy
There was some controversy in the formation of the Commission, with the then Unity Government rejecting the approval of two nominees put forward by Governor Rankin.
The Premier had said persons had very “strong feelings” about the fact the two individuals were nominees of the Governor, and also about how they believed the persons allegedly behaved in various settings as well as how they regard Virgin Islanders.
Governor Rankin had indicated that despite the concerns, he was satisfied with his nominations to the committee and the other nominees.
It had been alleged by high-placed sources within the then National Unity Government that the Governor bullied his way in Cabinet to get the two nominees approved, reportedly telling Members of Cabinet that if he was to report to the United Kingdom that his nominations were rejected the UK would not have been pleased.
Some saw this as a threat to suspend the constitution and impose direct rule.
The Virgin Islands Constitution Order, 2007 came into force on June 15, 2007.
It was agreed between the United Kingdom (UK) and the [British] Virgin Islands that the said constitution be reviewed 10 years after the date it came into force. This year the review was 16 years overdue.
16 Responses to “Constitutional Review Commission hands over report to Governor & Premier”
An election, is a popularity contest and getting the most votes in a popularity contest does not make one necessarily qualified and equipped to become and served effectively as Premier. That is an accidental process. The national leader should have demonstrated leadership and managerial experience, requisite education and training, well known and relatable to a majority of the community, a demonstrable record of accomplishments and outcomes, good communications skills, be a people person (not just residing in the community but must be an active part of the community), etc, Hopefully, the CRC has recommendation giving voters the opportunity to vote directly for Premier. The fix may require a deviation from the Westminster system and be a combo of the Westminister and presidential system. Elected leaders should be legislators, ie, passing policies, not executing policies. That role should be the Premier’s. The Premier should be accountable to the people not other elected members.
“Under Chapter XI of the Charter of the United Nations, the Non-Self-Governing Territories are defined as "territories whose people have not yet attained a full measure of self-government”. The General Assembly, by its resolution 66 (I) of 14 December 1946, noted a list of 72 Territories to which Chapter XI of the Charter applied. In 1963, the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (also known as the "Special Committee on Decolonization" or the "C-24") approved a preliminary list of Territories to which the Declaration applied (A/5446/Rev.1, annex I). Today, 17 Non-Self-Governing Territories, as listed below, remain on the agenda of the C-24. Member States which have or assume responsibilities for the administration of such Territories are called administering Powers.”
Moreover, under the UN charter, the UK is the ‘Administrative Power’ for the VI and is tasked with the responsibility of assisting and guiding the VI towards a full measure of self-governance and self-determination. The effort is still a work in progress, slow progress. It is as though the UK still wants to hold the VI under its colonialism tentacles., the VI being 1of 14 overseas territories and the last remaining remnants of the once vast and powerful British Empire. Further, the UK gives the VI an inch towards self-governance and then put 3 inches of control in place.
For example, the constitutions given to the Overseas Territories (OT) are from a boiler plate, a cookie cutter one size fits all. The VI 2007 Constitution is a dependency modeled constitution with many undemocratic practices. Under the constitution granted by the UK, the UK appointed governor (locals have no say in whom is appointed governor), has unilateral veto power over actions taken by the local government which was duly elected by the people of the VI, ie, special retained powers, reserved powers, and assent power( bills passed by the duly elected HoA cannot become law unless and if approved by the appointed Governor). Further, any devolved powers can be easily reversed by the UK based on the sole recommendation of handpicked commissioner. The VI constitution is currently suspended by an order in council and is being held in abeyance/reserve hanging over the head of the VI and its people like the Sword of Damocles. The constitution suspension was based on the recommendation of a sole commissioner Sir Gary Hickingbottom, a handpicked appointee by a controversial outgoing former Governor Agustus Jaspert. The UK-appointed Governor can hold the local government accountable and responsible for its actions and performance. Nevertheless, the local government has no means of redressing issues of concerns with the Governor’s actions and behaviours.
The bottomline is that the VI will get the constitution the UK wants it to have, not what it needs. I project and anticipate not much will changed; the new constitution will be the same dependency model constitution. The VI needs a referendum on what political status it wants, ie, status quo, integration, free association, independence, etc. The VI people like people any and every where are entitled to pursue their own self-determination choices.
Did the UK invaded the invaded the BVI, and made slaves of the people that they met in the BVI?
Question 2.
Is there any records available the can show undeniable proof that the African ethnicity people ancestors, and their offspring occupied the BVI prior to the UK's claim of ownership?
If both of the above questions asked are negative, then what rights do the African ethnicity people have to demand independence from the UK?
Denmark sold the USVI to United States of America. Who did the UK sold or gave the BVI to, you? If you, present your documents of ownership. If you can't, please discontinue airing false narratives, immediately.