Voters queue at a polling station in the Virgin Islands on election day, February 25, 2019. Photo: Provided

Members of the Commonwealth Parliamentary Association (CPA) British Islands and Mediterranean Region (BIMR) Election Observation Mission (EOM). From left: Felicity Herrmann, Election Coordinator; Jamie Greene MSP, Observer; Matthew Salik, Election Analyst; Hon. Palmavon Webster MHA, Head of Mission; Merce Castells, Election Analyst; Hon. Glenn Bedingfield MP, Observer. Photo: Provided

Members of the Election Observation Mission (EOM) had presented the preliminary report at a press conference in Road Town on February 27, 2019. Photo: Provided

The report, which was published on June 6, 2019, commends a well-executed election on February 25, 2019 delivered at short notice and calls for the urgent introduction of campaign finance regulations and a review of restrictive suffrage rights.

The elections was won by the Virgin Islands Party (VIP), which ousted the National Democratic Party (NDP) after two consecutive terms in office.

Personalities rather than policies

According to the report, the election campaign was conducted in a competitive manner with parties and candidates campaigning in an environment enabling freedoms of expression, movement and assembly.

It did note; however, that the campaigning focused on personalities rather than policies.

“Overall the campaign was active, vibrant and peaceful, evident from the numerous rallies with strong public interest, door-to-door canvassing, billboards, and posters. However, much of the campaigning did not focus extensively on public issues or policies but rather on candidates’ personalities and experience.”

The late or non-publication of political manifestos, according to the report, arguably did not provide enough time for voters to be adequately informed of parties’ policies.

“However, parties and candidates were active on social media with Facebook pages and smartphone apps outlining relevant policy issues ranging from infrastructure and post-hurricane recovery to EU pressure on financial services and the legalisation of gay marriage. Video recordings and online statements and speeches also enabled a broader audience to engage in the campaign process.”

The report noted too that due to the short notice of the election, some candidates expressed concern that there was insufficient time to prepare for the campaign.

Frequent personal attacks

While the EOM commended the Virgin Islands for the introduction of a mandatory campaign Code of Conduct, it stated that the law fails to specify how abuses of the Code can or should be reported and policed.

The Mission identified frequent personal attacks, accusations of corruption, abusive social media comments and defacing of campaign material throughout the campaign period.

“Many stakeholders expressed concerns that this was the most aggressive campaigning they had witnessed.”

According to the report, while many were aware of the Code of Conduct, most considered it ineffective with little or no discernible impact on the campaign. “Steps were taken by the Deputy Governor’s Office to encourage adherence to the Code, but with limited success,” the report stated.

The EOM recommended that consideration could be given to explore how the Code of Conduct can be made more robust in fulfilling its intended mandate, “for example whether it should be policed and whether penalties for  transgressions should be introduced.”

Unequal opportunities

The EOM noted that other than the Government Information Service (GIS) there is no state-run media outlet and all print, broadcast and online media outlets are privately owned. It said the media landscape is diverse and coverage vibrant and freedom of expression is constitutionally guaranteed but there are no media guidelines or regulations for the campaign period aimed at ensuring equal conditions, for example by allocating minimum coverage to all election contestants.

“While media outlets provided a plurality of viewpoints in a variety of news and opinion pieces, some candidates expressed concerns about their level of media access or media exposure. Candidates asserted that they relied on paid political advertisements; however, the Mission was informed that different candidates were charged different prices, disrupting the level playing field and equal opportunities.”

The report also said much political discussion took place on internet media and users of social media networks such as Facebook and WhatsApp recirculated “a substantial amount of negative and anonymous posts, memes and campaign ads.”

17 recommendations

The 17 recommendations of the EOM further propose:

- Implementing reforms at least one year prior to the next election

- Introducing legislation on fixed-term Parliaments

- Reviewing, updating, and consolidating the Elections Act and related amendments

- Improving oversight of the Elections Office and establishing an Election Commission

- Launching a public education campaign on the electoral process and voter registration

- Reviewing qualifications to vote and stand in elections

- Conducting a census and district boundary review

- Regulating campaign spending and registering political parties

- Strengthening the Code of Conduct for campaigns

- Improving polling procedures to increase efficiency and protect voters

- Clarifying the complaints process