Walwyn repeats call for 'freedom' of expat-born VIslanders
The Minister repeated this call during his remarks at the Emancipation Service held at the Sunday Morning Well on August 4, 2013.
Describing the scenario as a “stain” on the fabric of society, Hon. Walwyn said, “I have said it before and I am not afraid to say it again, in order for us to build a truly inclusive society, one where all of its residents and citizens are working with one goal and one purpose, to build a better Virgin Islands, as a community we must resolve this stain on the fabric of our society and address the needs of children born in the Virgin Islands to migrant parents.”
“Those children must be set free. Those children must be emancipated. There must be a new dispensation that gives the same rights and responsibilities owed to them as children born of this land,” the Minister continued.
The Culture Minister said while some persons will hide under the comfort of the British Nationality Act and argue that certain things cannot be done, Virgin Islanders are a tenacious people. “A people that can do anything that we put our minds and hearts to,” he said, “and history shows that if we want something bad enough, we can make it happen.”
The British Nationality Act functions under a modified version of Jus Sanguinis (Latin for right of blood) rules wherein at least one parent (mother) must be a British Citizen or be legally ‘settled’ before citizenship by birth can be established for any child born within a UK Territory.
Hinting that his call might be unpopular or uncertain for this time in VI history, Hon. Walwyn said that freedoms celebrated today should include the freedom to do the things that are right and just.
“…as human beings,” he argued, “and especially as people who have come from a history of oppression, whether we have a law or not, we know when something is not just, and we know what it looks like when our brothers and sisters, and some of our children do not have the same freedoms we value so much.”
The Minister described the scenario of a woman with three children visiting his office to solicit monies to pay the Immigration Department for the extension of time for them to remain in the Territory even though they were all born in the VI. “Brothers and sisters, I cannot find the words to express, how I felt inside as that lady poured out her grievances to me,” he related.
There were expressions of agreement among the gathering as the Minister made his call for the 'freedom' of children born to expatriate parents.
During Territory Day observations held on July 1, 2013 at the Noel Lloyd Positive Action Movement Park, Hon. Walwyn expressed that he felt all children born in the Virgin Islands should be given automatic citizenship as obtained in the United States of America. He also indicated that he wasn’t in favour of the British Nationality Act that governed the policy.
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69 Responses to “Walwyn repeats call for 'freedom' of expat-born VIslanders”
The same was said about a black man being the president of the great USA. You are the one sounding ignorant and retarded. Why do you even have to bring Antigua into this. Myron, by all indication and record was born in the BVI. You need to get that into your head. There is nothing you and I can do about it so you are the one that need to stop beat the dead horse. I am fed up with people like you who always have something negative to say when people are trying to make a valid point. A lot of people here in authority are from expat parents whether you want to believe it or not. We need to start live in peace and harmony and stop the hate and divide. I suggest that, if you do not have anything meaningful to contribute to the conversation, just shut your trap.
islands really need? When will we realise that hurting children is not what a civil society does. I do not subscribe to giving away what your forefathers fought for but aren't we one people. I love the BVI culturally diverse and rich in "peoples". How many places on earth with this square mileage that we can find so many different types of people co-inhabiting with this faction fight with that sect. Wake up VI see the advantage of these children giving their gifts whole heartedly to "their" country. Most of these children are quite talented and just as ambitious as VI citizens. For the future we all want to see, one that is better than our present situation. Do it for the children.
If he going to try and stir up nonsense and policies we do not control he need to bring all the facts from political propaganda! When he goes back to England see if he can get the British to eat out of his hands over this…he so crazy and desperate
Myron you are just a Belonger, so your continued arguing this case makes u look like u bullying the poor Virgin Islanders for what's theirs. Quit, stop
If where you born is where you from, then he is an Antiguan.
Under Jus Sanguinis, a child is granted citizenship if either parent is a citizen. Under British legitimacy laws, a child is granted the rights of the mother, and of the father provided their birth is LEGITIMATE, meaning within a legal marriage. As many children in the BVI are not legitimate, under British law they are granted citizenship if their mother has citizenship. These laws were enacted thousands of years ago to ensure that no woman's children are disinherited by an outside child that she knew nothing about. This enforces the marital contract, which is what marriage is - a legally binding contract, not a romance. Families and societies are not built upon romance, but on solid contracts and laws that uphold them.
Jus Sanguinis is the law under which most of the world determines citizenship, with the exception of the US and CANADA, both of which have aggressive immigrant recruitment policies. They are trying to attract immigrants to fill up their huge landmass and pay taxes to keep their massive pension schemes solvent as the baby-boomers age into their pensionable years.
We have no massive landmass to populate. We have no massive pension schemes to support, and we have no "baby-boomers" as our involvement in WWII was nonexistent, therefore, no baby boom.
So why are we considering this radically liberal immigration policy?
I agree but them same expats who want his r@$$ out trust I…
Please stay within your lane from embarrassing yourself Mr. Walwyn
The LAW-Chapter 1[Interpretation] 2(2) V.I Constitution Order,2007: Came into force-15th June 2007.
It states-
"For the purpose of this Constitution,a person BELONGS to the V.I if that person-
(a) is born in the V.I and at the time of the BIRTH his or her father or mother is or was-
(i) a [B.O.T.C] or a ( B.D.T.C) by virtue of BIRTH,registration or NATURALIZATION in the V.I or by virtue of descent from a father or mother who was BORN in the V.I or,
(ii) Settled in the V.I;and for this purpose ["settled"] means ordinarily resident in the V.I without being subject under the law in force in the V.I to any restriction on the period for which he or she may remain,but DOES NOT include persons on "contract" with government of the V.I or any statutory body or crown corporation
(b) Is BORN OUTSIDE the V.I of a father or mother who BELONGS to the V.I by virtue of birth or descent or who,if deceased,would,if alive,so belong to the V.I,
(c) is a child adopted in the V.I by a person who BELONGS to the V.I by virtue of birth or descent".
These sections and sub-sections of the V.I Constitution,explain who BELONGS to the B.V.I under the Constitution:
After the minister will have read the Constitution,he will realize that this "where you born,is where you from-matter" is [Constitutionally-irrebuttal] A legal term,meaning "Cannot be challenged by any other authority as being wrong or false".It's the Supreme Law of Her Majesty-The Queen,to be enforced in the B.V.I, by the local-authorities of the B.V.I [passport office and immigration department]We all must accept Her Majesty's Supreme Law! It's time to put this matter to rest,because,we cannot change the Constitution of the B.V.I.Only Her Majesty-The Queen, In COUNCIL,can Amend the B.V.I Constitution!
I pray every day,for god's blessings on all the beloved people of the B.V.I. Thank you for your generosity:
"""he also indicated that he wasn't in favour of the british nationality act that governed the policy""".you mean the immigration policy?
Now we are reading on vino as written by a blogger of a legal background that it is our own virgin islands constitution that governs this policy of immigration and passport office. what is the minister really saying to we the people? what does the b.n.a have to do with an immigration policy,when it is the v.i constitution that instructing who have rights here and who belong and who not belong...minister,did you read this chapter 1 and interpretation 2(2) of the constitution the blogger wrote about? It was the ndp government in power in 2005,when they send a delegation to the uk to amend the constitution.the ndp did not see the need or reason to remove that clause,so the ndp is in agreement that if you come to bvi to work and you make a child in bvi,when you going back to your country,you must go back with your child who have your rights;so what is the minister talking about british nationality act...he call himself a lawyer but look a man who is not a lawyer, calling himself legal team,reading out the more relevant law of the bvi for all of us to see and undertsand.I feeling bad for walwyn; he and legal team work together in dpp office and in the courts,but legal team know more law than him...
Part II-British Dependent Territories Citizenship [Acquisition by birth or Adoption]-section 15 stated
"(1) A person born in a dependent Territory after commencement Shall be a British Dependent Territories Citizen if at the time of the birth his father or mother is-
(a) A person born in a Dependent Territory;or
(b) Settled in a Dependent Territory".
(2) "(b) to have been born to a parent who at the time of the birth was a British Dependent Territories Citizen...."
The UK's British Nationality Act of 1981,is the Principal Legislation,which governed the UK Dependent Territories,such as B.V.I,and from which that concept of citizenship was adopted,but these B.D.Territories now have their own Constitution,and they included that section in their Constitution,but the B.V.I can call on Her Majesty-The Queen,to make Amendments to remove that section! However,on 13th June,2007,when the Constitutional Commissioners/Delegation went to the Court at Buckingham Palace,to Amend the V.I Constitution,they did not ask for an Amendment to say"A child born in the B.V.I from an expatriate Father or Mother,is a B.V-islander". They left it as-is: They had reasons,NOT to remove that clause in the V.I Constitution!
Don't come NOW and blame it on the British Nationality Act! The law is not a UK law for the B.V.I any more!
Because it is NOW written in the B.V.I Constitution,that a child born in the B.V.I from expatriate parents"Is Not A B.V-Islander". It's our law-we all [Including Politicians] must abide by our supreme law. It is time for expatriate parents,to understand and accept the law of the B.V.I,and don't allow people who know better,to misguide and mislead you on the law:
And as I said before,I keeping my candles burning and my spiritual powers pressing,because whenever the Legal Team expose the law,the enemies usually come out from their hiding caves to attack.
Long live the Citizens and Expatriates of the B.V.I..