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Local Gov't should have oversight of Disaster Management- Premier Fahie

- points to limiting constitutional powers of Governor & UN self-determination charter as reasons
The Disaster Management Act is one that provides for the functioning and powers of the Department of Disaster Management (DDM) and regulates the establishment of the National Disaster Management Council and other emergency provisions. Photo: VINO/File
In a lengthy presentation to kick off the 2021 legislative year, Premier and Minister of Finance, Hon Andrew A. Fahie (R1) has focused in on the need for VI self-determination, and for local government to handle disaster management under the proposed Disaster Management Act, 2019, rather than the Governor. Photo: VINO/File/GIS
In a lengthy presentation to kick off the 2021 legislative year, Premier and Minister of Finance, Hon Andrew A. Fahie (R1) has focused in on the need for VI self-determination, and for local government to handle disaster management under the proposed Disaster Management Act, 2019, rather than the Governor. Photo: VINO/File/GIS
The Premier said regarding the powers of the Governor to call a state of emergency, the constitution is clear. Photo: GIS/File
The Premier said regarding the powers of the Governor to call a state of emergency, the constitution is clear. Photo: GIS/File
DUFF’S BOTTOM, Tortola, VI – In a lengthy presentation to kick off the 2021 legislative year, Premier and Minister of Finance, Hon Andrew A. Fahie (R1) has focused on the need for the Virgin Islands to continue on the path to self-determination and for local government to have oversight of disaster management under the proposed Disaster Management Act, 2019, rather than the Governor.

The Disaster Management Act is one that provides for the functioning and powers of the Department of Disaster Management (DDM) and regulates the establishment of the National Disaster Management Council and other emergency provisions.

Speaking at the continuation of the Fifth Sitting of The Second Session of the Fourth House of Assembly at the Save the Seed Energy Centre in Duff's Bottom today, January 5, 2021, the Premier pointed to the make-up and funding of the DDM, along with the United Nations Self-Determination Charter, as some of the reasons why the powers of the Governor to declare a state of emergency under the proposed Act need to be revisited.

DDM is manned & funded by BVIslanders – Premier Fahie

“Mr Speaker, the DDM is a BVI Institution, it is a Department within our BVI territorial Government for delivering the Government’s service of Disaster preparedness mitigation response, and part of the recovery agenda.”

Hon Fahie continued, “and BVI personnel within the DDM and the other departments of government have the necessary abilities, and they have been demonstrating [the ability] to transition administration of disaster preparedness and management to the BVI government on behalf of the Virgin Islands people.” 

He said the DDM is being manned by people of the territory via local funding, staffing and management; however, it was some neglect of duties that caused a policy shift that resulted in the department having external oversight.

Premier Fahie also argued that the current administration's effective management of the COVID-19 pandemic as another reason why disaster management should fall under local government.

Powers to declare a state of emergency

The Premier said regarding the powers of the Governor to call a state of emergency, the constitution is clear. 

Section 27, subsection (1) (a) & (b) of the VI Constitution Order 2007 says, "(a)the Governor may only declare a public emergency when the well-being or security of the Virgin Islands is threatened by war, invasion, general insurrection, public disorder, natural disaster or other public emergency; [and] (b) The declaration is considered necessary by the Governor to maintain or restore peace and order."

The Premier pointed out that such powers should only be used after consultation with the Cabinet, as exercised by the previous Governor; however, he said that interpretation has created some contention that must be ironed out in the constitutional review to commence this year.

Local Gov't & Disaster Management 

“Mr Speaker, I have sought legal advice on this matter numerous times, and the advice that I have received is that the proper placement for Disaster Management under the current 2007 Constitution, is under the administration of the territorial government and we just have to amend the act to follow suit,” the Premier said.

The Premier the powers of the Governor in the Disaster Management Act should be revisited to put the administration in charge of disaster management, with the proposed changes not affecting the work of the department.

Further, the Premier said that disaster management is not a subject reserved for the Governor under section 60 of the Constitution, as such, he said those powers would be better suited under the purview of the Premier and his government.  

8 Responses to “Local Gov't should have oversight of Disaster Management- Premier Fahie”

  • Sure (05/01/2021, 15:48) Like (7) Dislike (0) Reply
    And fund it yourself. Do not look for handouts
  • W*F (05/01/2021, 16:27) Like (9) Dislike (0) Reply
    Because BVIGov did so well in the immediate response after Irma?
  • hurricane (05/01/2021, 16:43) Like (2) Dislike (0) Reply

    PUT DABERO BACK IN THE POST SHE HAD IF HURRICANE SHE DOES A GOOD JOB THERE HOW SHE COME A PERM SECT THE GOVERNMENT IS JUST DOING S**T WHEN IT COMES TO HIRING PEOPLE FOR POSTS

    • mwanake (06/01/2021, 11:17) Like (0) Dislike (1) Reply
      do you know that the power to pick the perm sects belong to the gov.? Please stop writing foolishness to try to be relevant
  • josiah'sbay (05/01/2021, 17:31) Like (1) Dislike (4) Reply
    Can any one tell me what is the UKs responsibility to their OTs if their response is always handle it your self. Surely in a parent child relationship the parent has a responsibility to the child. If you are not sure about making a decision and the Constitutions doesn't clearly define who's responsibility it; We have the rights to make that decision until the Constitution or higher powers clarify it. Every decision centered on self determination that the UK make for us that we disagree with we have the right to challenge. If it is forced upon us we should sign off as " Under duress and under Protest".
  • E. Leonard (05/01/2021, 20:47) Like (2) Dislike (1) Reply
    In the power sharing agreement between the UK/Crown and the territory, disaster management is a function/service that local government can and should be able to manage effectively. Thus, Disaster Management should fall directly under the purview of local government. It is time shed the old tired colonial mentality and myth that people in the colonies are not capable of leading people and managing functions. If the direct responsibility for Disaster Management cannot be shifted by administrative action, a constitutional review is due and it should be an action item in the review.
    • tretretrete (06/01/2021, 10:21) Like (2) Dislike (0) Reply
      Mr. Leonard, insightful comments as always. However, the facts do not support your argument that local people are capable of managing disasters. Exhibit 1 would be the woeful response to the Hurricanes of 2017. As Exhibit 2, there is the response to the pandemic. Exhibit 3 would be who, if anybody, is keeping track of mistakes made to update response plans (if there are any). That said, future disasters can be better managed, provided people are properly trained to do so, and provided there are plans and resources kept available for such eventualities. So to me, a headline item would be local govt trained on disaster management to develop disaster management plans to have self determination. Just because the Territory belongs to Belongers, it does not mean Belongers (collectively) know how to manage it (Exhibits for that assertion would be poor state of finances, infrastructure, limitations in education, cronyism, etc), as suggested by your reference to tired colonial mentality, though agreed, colonizers in their time weren't forthcoming in sharing their knowhow with those colonized. However, today there are ample opportunities to learn what is needed for proper emergency responses. What is missing is the acceptance that we are not well prepared and need to learn what to do from outsiders.
  • musa (07/01/2021, 09:05) Like (0) Dislike (0) Reply
    The governor did better than all our leaders put together .


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