BVI Constitutional Review Reveals Support For Continued Links With UK

by Amanda Banks, Tax-News.com, London

10 May 2005

The people of the British Virgin Islands have indicated a preference to maintain the territory's colonial status with the British government, according to a constitutional review recently submitted to the government.

The 148-page Report of the Constitutional Commissioners 2005 is a compilation of views and recommendations received from the public on various topics.

The Commission, which was chaired by Gerard Farara QC, was required to report on: the duties of the attorney general; the definition of belonger status; the legitimate rights of indigenous people of the BVI; the efficiency and productivity of the government; the need for a human rights chapter in the constitution; the reserve powers of the governor; and Executive Council functions.

According to BVI Governor Thomas Macan, the public expressed overwhelming support for the maintenance of the jurisdiction’s status as an Overseas Territory of the United Kingdom.

"The preference which you have identified would seem to be for a continuation of a sharing of responsibilities between the government of the Virgin Islands and the government of the United Kingdom," Macan said. "That sharing must be on terms which are agreeable to both parties, where the risks and liabilities which each bears are acceptable to each party."

However, Farara observed that the response to the constitutional review from the public was initially quite disappointing.

"If there is one aspect which was somewhat disappointing to the commission, it is the small number of persons who took the time to make written submissions, despite our repeated invitations and encouragement," he said. "However, it did not detract from the level of public participation in the process, nor did it impede or restrict in any way our own deliberations and in-depth consideration of the issues."

Commenting on the report, BVI Chief Minister, Dr Orlando Smith, noted that the review has long term significance for the jurisdiction.

"As we think about our Constitution we cannot focus on the next year - but rather on the next 20 years. I want to know that my administration helped to lay the foundation for a better and brighter future for all our people," the Chief Minister said.

"My hope is that the people's views reflected in this document will indeed be reflected in what we will proudly tout as a new constitution for the people of the BVI," he added.

The Commission also took evidence from three United Kingdom government sources, including: the Parliamentary Under Secretary in the Foreign Office, Mr. Bill Rammell; from the Overseas Territories Constitutional Advisor Mr. Michael Bradley; and from the BVI Governor.

The Constitutional Review was the first to be initiated by the BVI Government and not by the UK. It is also the first time that the Commission’s members represent a cross section of the BVI citizenry.

The previous constitutional review took place in 1993, although only a small number of the 22 recommendations were acted upon.

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