1st Draft Constitutional Review Submitted

The Constitutional Review Commission on Monday submitted its first draft report to members of Executive Council in keeping with its terms of reference, which called for a review of the entire Constitution, in addition to seven specific areas identified for particular treatment.

The review was based on public consultations, including community meetings, radio and television programmes and written submissions. It was conducted against the backdrop of the 1999 United Kingdom Government’s White Paper on “Partnership for Progress and Prosperity,” which is intended to usher in a new approach in the relationship between Britain and its Overseas Territories.

Chairman Mr. Gerard Farara, Q.C., said the commission is indebted to those who responded to its request for copies of documents and other written material, as well as to members of the public who served as panellists and who were a source of encouragement to members.

Mr. Farara also thanked those who attended the public meetings or took part in the discussions, whether in person or via the broadcast media. He said the commission is certain that it has accurately considered the body of opinions on the various issues in the terms of reference.

The commission held ten public meetings on Tortola, including two in Road Town and one at the H. Lavity Stoutt Community College; two on Virgin Gorda; and one each on Anegada and Jost Van Dyke. The commission also met with members of the League of British Virgin Islanders in St. Thomas, United States Virgin Islands.

Chief Minister Dr. the Honourable D. Orlando Smith launched the commission on April 26 last year. The commission was required to submit a first draft report within nine months of appointment, and the final report three months after. However, by January, the commission was still facilitating public consultations and Executive Council approved an extension to February 28.

This is the first locally appointed constitutional review commission, and the largest in terms of membership, in the history of the BVI. It came about as a result of the decision by Her Majesty’s Government to invite each of the UK’s Overseas Territories to appoint a local commission to review their respective constitutions.

The members of the commission were drawn from a cross section of the BVI community and comprised persons of various disciplines, educational backgrounds and experience. In addition to the chairman, the other members are Mr. Stuart Donovan, Mr. Vance Lewis, Mr. Audley Maduro, Mr. Carvin Malone, Mr. Edison O’Neal, Mr. Elihu Rhymer, Ms. Joanne Williams-Roberts and Ms. Persia Stoutt.

Specifically, some of the key areas under review include the duties of the Attorney General and Government’s need for a legal adviser; the definition of belonger status and concerns of members of the community; the legitimate rights of indigenous people of the BVI; the efficiency and productivity of Government; the need for a human rights chapter in the Constitution; the reserve powers of the Governor; and the functioning of Executive Council.