Rumour has it that the newly-elected Government of Anguilla, through its appropriate Ministry of Home Affairs, which has responsibility for constitutional development, is now making early moves in that direction. Those initial efforts are said to include putting together a team of able, experienced and respected persons to serve as a Constitutional and Electoral Reform Committee or Commission, to undertake the task of hammering out a new and long-overdue Constitution. This is praiseworthy in that our new political leaders appear to be wasting no time to fulfil the Anguilla United Front’s (AUF’s) campaign pledge, as contained in its 2015 Manifesto, to embark on what it called “Constitutional and Electoral Reform – Vision 2020”.
The above vision has caught the attention of Mr. Don Mitchell, who, at the request of an earlier Anguilla Government, served as a Chairman of one of four or five separate Constitutional and Electoral Reform Commissions over some 14 years. Unfortunately, despite a massive amount of work, including public consultations, none of the draft documents reached fruition. The reason was either because Anguillian were not certain what status they should pursue, or that they and the Government were not ready for change. Mr. Mitchell made mention of the AUF’s election campaign promise in a paper he submitted to parliamentarians at the Post-Election Seminar in Anguilla on August 10, 2015.
For easy reference, the AUF promised that: A revised constitution will be introduced, the electoral system will be reformed and expanded, democratic participation will be increased, the political climate will be improved, conduct in the House of Assembly will improve and participation in the democratic process will be increased.
Further, the AUF set out, if not basically repeated or re-emphasised, a number of principal strategic objectives and priorities which the party, now in power, would work towards. These comprise: Increased constitutional autonomy; a reformed and updated electoral system; greater public participation in governing Anguilla and in determining policies; introduce a revised and improved constitution within 24 months; update and modernise the elections system; increase public input into determining national policies, laws, strategies and plans; develop a local government system in Anguilla’s villages and constituencies; institute an ongoing public education system for greater self-rule and independence; review and revise the Rules and Procedures of the House of Assembly to limit abuse of its privileges and improve its operations. Wow! This is more than a mouthful of words, and is all of this attainable in five years? There is no reason to think that this cannot be achieved – hopefully even within a shorter period, all things being equal. All it will take is political will and muscle – not by the AUF as a party in the pre-election days, offering sweet or mere promises, but delivering as the Government of the day and, in fact, the architect of the constitutional task outlined in its Manifesto on which it is now embarking to fulfil.
The varied leadership of Anguilla appears to have been forever talking about, and embarking on, constitutional development matters during the island’s long annexation with St. Kitts-Nevis, and since its eventual breakaway from the three-island federation. One reflects on the island’s one page Constitution which Anguilla created for itself in the dark days of 1967 when the island floundered, but remained afloat, like a ship on uncharted waters, to more lengthy and complex Constitutions, Acts and Orders in subsequent years – all designed to suit particular periods of governance and crafted in the British Parliament for the administration of the island. Among the most notable of them were the Anguilla (Administration) Order 1971 under which the UK formally began to administer the island in consultation with the then Anguilla Council; the 1976 Anguilla Constitution which introduced a ministerial system of Government, but stopped short of formally separating Anguilla from St. Kitts-Nevis; the Anguilla Act 1980 under which the island was granted formal separation; and the current 1982 Constitution under which Anguilla reverted to colonial or dependency status (later restyled Overseas Territory status).
Since then, Anguilla has been under the direct administration of the UK Government. Although a number of sister territories have made significant constitutional strides, there has only been talk and various failed attempts in Anguilla to bring about constitutional and electoral reform to advance its status. The Anguilla Act 1980 is the most convenient piece of UK legislation which provides for the constitutional future of the island. In its provisions is a window of opportunity for Anguilla to proceed to independence provided that is the desire of the majority of its people. That opportunity is still waiting to be pursued.
Be that as it may, it is clear that the ball needs to begin rolling in the direction of more autonomy, acceptable to the Government and people of the island, if we are serious about achieving nationhood. It is believed that this latest planned effort by the Anguilla United Front Government to explore Constitutional and Electoral Reform, and to appoint a new Committee or Commission towards that end, is a step in the right direction and one which will ultimately pay dividends. It should be feverishly and enthusiastically explored, and diligently worked at, especially as we approach the 50th Anniversary of the Anguilla Revolution.
