Recently the Anguilla United front published a letter in The Anguillian and on radio stations stating, “….we have disassociated ourselves from the process and, our representative on the Committee will not play any further role in the exercise going forward.” Five reasons were given for their decision. There is no need to repeat or summarize them here as there are in print.
Since the publication of that letter, several persons have asked me about my reply to the letter, but I have declined to do so as one reply often prompts another, and another, and in the end the greater good will not be served. Members of the AUF will probably change their minds for the good of Anguilla.
The fact is that the revision of a Constitution is a people’s project and not that of any particular political party, even if that party happens to form the government during the revision process or is in opposition. While a Constitution is a highly political project, in that it is the business of every citizen, it must never be seen as, or taken to be, a partisan project. I urge that we keep this point uppermost in our minds, and realize that reply and counter-reply can obscure this fact and be counter productive.
What I propose to do in two articles, as I invite the full involvement and participation of everyone in the process, is to share with you something of the vision and objectives of the project, and the possible ways these will find concrete expression in a Constitution going forward. At this stage, it is still a “work in progress”, and so the concerns and contributions of all citizens, and groups, are solicited so that the end product can be in their best interest and bring the greatest good to all Anguillians. Welcome aboard to all, and please do not be too quick to jump ship. Even if the contrary winds are strong, have the courage and commitment to stay on board and help bring the ship safely to harbour. We will all be the better as a result.
The Invitation to Modernize the Constitution
The invitation came from the British.
In March 1999 the British Government published a major policy document entitled, “Partnership for Progress and Prosperity: Britain and the Overseas Territories.” The four principles underlying the partnership relationship were stated as follows:
(a) First, our partnership must be founded on self-determination. Each Overseas Territory will decide whether it wants to remain British or go independent.
(b) Second, the partnership creates responsibilities on both sides. Britain will be responsible for defence, and international relationships, while the Overseas Territories will be expected to observe good government, the rule of law and order, standards of integrity and Britain’s international commitments.
(c) Third, the people of the Overseas Territories must exercise the greatest possible control over their own lives. They must be beacons of democracy and must have the autonomy they need to continue to flourish.
(d) Fourth, Britain will continue to provide help to the Overseas Territories that need it.
Critical to this relationship is the type of Constitution under which each Overseas Territory will be governed. In chapter 2 of the Partnership for Progress Report, the rationale for constitutional review in the Overseas Territories is set out. It was affirmed that good governance in the Overseas Territories must be firmly based on the full observance of democratic principles, human rights, and the rule of law. There must also be a balance of obligations and expectations. Future constitutional developments must therefore focus on the following:-
(i) Measures which promote more open, transparent and accountable governments;
(ii) Improvements to the composition of the legislatures and their operation;
(iii) Improving the effectiveness, efficiency, accountability and impartiality of the public service;
(iv) The role of Overseas Territories Ministers and the Executive Councils and their exercise of collective responsibility for government policy and decisions;
(v) Respect for the rule of law;
(vi) The promotion of representative and participative government;
(vii) Freedom of speech and information;
(viii) The provision of high standards of justice;
(ix) Adoption of modern standards of respect for human rights.
Keep these emphases in mind, and note that when the present Committee was appointed, it was given the following terms of reference.
PURPOSE AND TERMS OF REFERENCE
1: PURPOSE
To conduct a review of the Anguilla Constitution Order 1982 with subsequent amendments, building on the work done by the previous Constitutional and Electoral Reform committee and Commission, in order to make recommendations which have the widest possible support in Anguilla for Anguilla’s immediate and future constitutional advancement, good governance and practice of true democracy in light of twenty-first century realities, the concept of partnership and the United Nations resolution no-1514 (XV) December 1960, calling for an end to colonialism.
2: TERMS OF REFERENCE
(a) In order to achieve its purpose, the Commission will consider inter alia the following
(I) Issues of belongership, including establishment and protection of rights and privileges of indigenous Anguillians.
(ii) Issues of qualification, the number, nature and composition of the House of Assembly, the manner in which members are elected; or appointed to that body, and the issues surrounding the electoral system.
(iii) The review of the Election Act 2006 with particular reference to the number of electoral districts, the merits of having an Electoral Commission versus a Director of Elections.
(iv) Areas in which the powers of the Governor as expressed in the Constitution can be modernized to be reflective of the local aspirations and regional and international perspective.
(v) A review of the Fundamental Freedoms chapter of the Constitution (chapter 1) with view to modernizing it.
(vi) The possibility of a relationship with Britain different from the present colonial relationship, and which allows for greater autonomy and gives meaningful expression of the concept of partnership. Among the options to be explored is “Statehood in Association with Britain.”
(b) The Commission may co-opt any person deemed appropriate for elucidating their discussion and debate on any relevant issue.
(c ) The Commission may consult outside experts deemed necessary for the accomplishments of its task.
(d) The Commission will hold public hearings to elicit opinions and suggestions for change and for dealing with recommended options. In every case where a change is proposed the Commission shall endeavour to ensure the widest possible discussions and consensus.
(e) The Commission will endeavour to present a draft to Executive Council in three months and subject to Executive Council’s approval to the House of Assembly to be further discussed and revised before discussions with the UK Government.
This is a tall order and a very important task. Many persons are aware that there was an extension of that time to March 31, 2012. A discussion draft has now been prepared, and after review and input by some key groups it will be made available for public discussion, consultation and input, and subsequently for discussion with the British, before being finalised.
In part 2, we shall discuss the four primary objectives driving the proposed enhancements to the Constitution as well as some of the ways in which they will find concrete expressions. Stay tuned.
