New Constitution Agreed For BVI

by Robert Lee, for LawAndTax-News.com, London

06 March 2007

The UK and the British Virgin Islands successfully completed negotiations for a new constitution for the islands in London last week.

Lord Triesman, FCO Minister responsible for the Overseas Territories, welcomed the successful conclusion of the British Virgin Islands (BVI) constitutional talks. Delegations from BVI and the UK met in London on the 26th - 28th February for the fourth round of talks on constitutional review for BVI. The talks were hosted by Lord Triesman, and BVI Chief Minister the Hon Dr Orlando Smith led their delegation.

Lord Triesman said: "I am delighted that we have been able to work together to produce a new constitution for a modern BVI. The new BVI constitution will be an important step forward for the territory and includes provisions devolving significant new powers to the BVI Government. I particularly welcome the fact that the BVI has shown its dedication to the promotion and protection of human rights by including a Fundamental Rights Chapter in the new Constitution.

"I congratulate Dr Orlando Smith and his delegation on their determination to secure the best deal for their people, while retaining the links to the UK of which we are all proud."

The constitutional review process began in 2004 when the BVI Constitutional Review Commission was appointed. Following extensive public consultation the Commission presented its report to Executive Council in February 2005. Its recommendations consequently formed the basis of the BVI delegation's proposals.

In the course of 2006, delegations from the BVI and the UK held three rounds of constitutional talks, resulting in a draft text which was discussed in London last week.

The new constitution will include a chapter on fundamental rights, setting out the key human rights that will be protected for all individuals in the territory.

In the field of international affairs, groundbreaking provisions will allow for the devolvement of extensive new powers to the BVI Government.

On the issue of internal security, a new National Security Council will be created giving BVI Ministers a greater say in police matters.

The new constitution will also give the BVI Premier greater influence in setting the Cabinet agenda. It will also create a new role of Cabinet Secretary to facilitate the workings of the Cabinet.

BVI Chief Minister Dr Orlando Smith said the BVI's negotiating team had achieved 95% of the proposals for a modern constitution for the people of the BVI. "We fought vigorously in the interest of the people because we knew it would be difficult, but it was the people’s wishes and we fought for their desires,” he said.

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