March To Independence!

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Premier Hon. Dr Orlando Smith

(PLTM) - At the end of the most recent Constitutional Review process in 2007, then Chief Mister, Hon. Dr. D. Orlando Smith boasted that the Territory had achieved 95 percent of its goal. Close to 10 years later, Dr. Smith is preparing to spearhead another round of review, which will include talks with the United Kingdom (UK).

The big question is what is next for the Virgin Islands as it looks to write another chapter in its storied history. At stake is a number of fundamental principles and equally important is the relationship between the Territory and the colonial policies established with the UK.

A new dispensation is the unified call from the legislative branch, but residents appear hesitant to allow the fruits of the new dispensation to blossom, especially if it means diving headfirst into independence.

For the most part, the United Kingdom, which has been accused by certain quarters of seeking to widen its footprint in the BVI, understands that residents are certainly reluctant to place their destiny solely in the hands of their elected officials. The Queen’s Representative, Governor John Duncan conjured up his own sign that residents do not want independence when he analyzed Her Majesty the Queen’s birthday celebrations, which by no means was a referendum that asked attendees if they wanted to continue under the Queen.

"In recent weeks, we have seen a number of senior politicians propose the need for constitutional reform and perhaps independence. The response from the public to the latter question rather speaks for itself. The attachment of the people of this community to the United Kingdom was no better demonstrated than in the turnout for the celebrations of Her Majesty the Queen's 90th birthday," Governor Duncan stated.

In case any of the attendees to HM the Queen’s birthday celebration missed it, you were actually polled by the Governor by simply attending any of the functions held on a holiday.

One would hope that the Premier and the committee which is likely to be set up, will use a more scientific approach to decide on the future relationship the Territory will share with the UK.

Baby Steps First

In 2012, Minister of Communications and Works, Hon. Mark Vanterpool set off a firestorm during a service held at the Sunday Morning Well during the emancipation celebrations.

"It's time that we understand that the management of our own affairs should be in our hands rather than depend on guidance and instructions from those who live away from us, who may wish us well, but should not tell us what is well for us. It is time," he asserted.

Minister Vanterpool pointed out that the BVI was celebrating emancipation, yet their destiny is still shaped, managed and controlled by colonialist head, the United Kingdom.

His comments formed the basis for a question posed to Premier Smith in the House of Assembly. Premier Smith in 2012 replied that the National Democratic Party (NDP) administration was not pursuing independence.

However, Premier Smith in 2016 believes that the upcoming constitutional talks must include self-determination, which many conclude is a pathway or necessary process towards independence.

Premier Smith has assured that a referendum must first be done and if the majority of the people agree to political independence, then this is what the BVI will move forward with.

“That time is now to have self-determination (discussions) for us to understand what it means and what it means for us if we go that way. We had the last constitutional discussions that had to include the people of the Territory and one question was of independence…Of course the discussion has started. It's a conversation people will have among themselves, with their friends and families," Premier Smith stated.

"But from a formal point of view, there will be a discussion when we have our next constitutional review. A referendum can be brought by certain number of people in the country who wish to have that...or it can be initiated by the House of Assembly."

Leader of the Opposition, Hon. Julian Fraser agrees that enough is enough and believes that self-determination where the locally-elected officials will share more responsibility for governance is the way to go.

“The Governor of Bermuda delegates responsibility over the police to the Premier. The Governor of Bermuda delegates responsibility for the civil service to the Premier. That happened a long time ago; I think I know the reason why we can’t get it,” Hon. Fraser stated.

Transparency & Accountability First

For the moment, there seems to be a trade-off for independence and that is the enactment of systems to give rise to greater transparency and accountability – areas where much lip service is provided by elected officials with little or no action. Case in point, the Freedom of Information Act.

Mr. Gerard Farara QC, who chaired the review committee that led to the 2007 Constitution, believes that the BVI ought to take the lead in carving out a new model constitution for the Overseas Territories, a new constitutional construct; one that is better suited to governance of a small territory with a small population and scarce human and natural resources.

He said that it must provide for far greater access to information and documents, in a timely manner, relative to the functioning and decision-making of government, at both the legislative and executive branches.

The UK also wants improved systems locally.

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"A modern democratic society needs to have in place the instruments and structures that provide democratic accountability; the checks and balances that allow citizens to call their elected representatives to account in between elections," Governor Duncan outlined.

Governor Duncan stated that it is perhaps understandable, given the huge economic and social changes and the speed of that development over the past 40 years, that this aspect has not been at the front of the political agenda.

"The result is that we lack many of these key instruments and structures. Without them, there is a real risk that the society relies too much on the integrity, wisdom and determination of the two individuals in overall charge, namely the Premier and the Governor. Such a structure might have been suitable 40 years ago," he said.

It is the lack of accountability that is the greatest hurdle that must be cleared before an independent BVI can become a reality. For now, residents are holding on to the UK for the social and economic benefits, including citizenship.

If the elected leaders do more to implement the checks and balances in the political system, then perhaps the wider population may warm up to a path of self-determination and eventually independence at some stage.

It remains to be seen how much of the 5% of Dr. Smith’s goal from the 2007 process includes greater accountability for the Territory.

Let the discussions begin.

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