Government pursues Constitutional Advancement

Chief Minister Dr. the Hon. D. Orlando Smith launched a nine-member Constitutional Review Commission at a press conference on 26 April at the Central Administration Building.

Chairman of the Commission is Mr. Gerard St. C. Farara, QC, while the other members are Messrs. Edison O’Neal, Vance Lewis, Elihu Rhymer, Audley Maduro, Carvin Malone, Stuart Donovan, Ms. Persia Stoutt and Mrs. Joanne Williams Roberts. The group represents a wide cross-section of representatives from areas such as tourism, construction, law, education, financial services, communications and business and will serve for one year.

Addressing a gathering, which included Government ministers, legislators, students and journalists under the theme, “Constitutional Advancement – a Better BVI,” the Chief Minister said the review process is hinged on the Territory’s political growth.

“It should be a source of tremendous pride to every BV Islander that for the first time in our Territory’s history the process of constitutional review will be done within the BVI by locals alone and not as a declaration of Her Majesty’s Government,” he said. “Taken together, this review will touch on virtually every element of our Territory’s life.”

The Commission is tasked with conducting a review of the Virgin Islands Constitution Order (1976) and ensuring the Territory’s continued advancement and good governance. The process will address a wide range of issues and Government is encouraging wide ranging discussions.

Some of the key areas the Commission will focus on are examining the duties of the Attorney General and how best to ensure Government’s need for a legal adviser are met; addressing the sensitive, but critical issues of more clearly defining Belonger status and how best to answer the concerns of all members of the community; finding ways to protect  the legitimate rights of the indigenous people of the BVI; identifying structures to improve the efficiency and productivity of Government; looking at the need for a human rights chapter in the Constitution; reviewing the reserve powers of the Governor and considering a new mechanism for maintaining appropriate checks and balances to ensure continued good governance, and considering reform of the existing system relating to the functioning of the Executive Council.

A number of students from the BVI High School, the Bregado Flax Educational Centre, the Anegada High School and the H. Lavity Stoutt Community College attended the launching. Earlier in the day, they were the Chief Minister’s guests at a luncheon.

“I want these young people and all the young people of our Territory to pay close attention to this process. I want them to be involved and active,” Dr. Smith said. Copies of the Constitution are being made available at primary and secondary schools in the BVI as well at the Central Administration Building.

“I challenge every BV Islander to become familiar with our Constitution. To understand what we are up against, you must read and know your Constitution. As my Government continues to seek new ways to empower our people, I challenge every BV Islander to empower yourselves with knowledge and read the Constitution,” urged the Chief Minister.

Dr. Smith said it is the single most important event to take place in the Territory as well as in the life of the present Administration and, consequently, should not be taken lightly.

Giving brief remarks, the Commission Chairman told the gathering that Territory wide consultations will be held, as the review exercise requires full participation of members of the public.

Mr. Farara stressed that the Constitution must be reflective of the level of development of the Territory and the aspirations of the people, and appealed for “active, informed and constructive” participation of the public to make the process successful and meaningful.

The office of the Commission will be housed upstairs of the old Travel Plan Building at Sir Olva Gorges Plaza. The last time a Commission was established to undertake a similar constitutional review was in 1993, resulting in amendments to the Constitution in 2000.