This week, in the most recent sitting of the House of Assembly and in my capacity as the Elected Member for District One and Leader of the Opposition, I once again took this AUF administration to task for their callous disregard for the principles upon which our democratic system of governance is built.
I have gone to great lengths to raise the alarm in relation to the Constitutional and Electoral Reform process, which has been circumvented in a most vicious way by this AUF regime, which seems to be hell-bent on doing anything and everything in their power to secure unfair advantages in the next general elections. You will recall that I held a joint press conference with the leaders of the AUM and the DOVE party, along with Don Mitchell QC, in November 2018, to address some initial concerns. In that press conference I noted the following:
“Anguilla needs to be put on alert and to be on watch to ensure that our system of governance is not compromised or undermined. The issue of good governance is not merely an academic discussion but it is at the core of how a government should perform for, and on behalf of, its people.
Due to our concern over the town-hall meeting held last week, as Leader of the Opposition, I convened a meeting of leaders of opposition parties and other movements. It is in that context that we are here this evening. Our discussion centred on the need for constitutional reform, and about how the process is fashioned to ensure that the people get the governance change that they require.
However, we have been informed that the government has decided, in its final recommendations to Lord Ahmad in the Foreign and Commonwealth Office, to omit some of the most fundamental recommendations. We strongly take the view that the government should not, and cannot, water down the people’s desire for change on its own whim. At least government owes it to the population to explain the reasons for the omissions.
There should be no rush to implement a diluted Constitution until the processes of consultation and information are exhausted. One aspect of the proposals that we also want both a debate about, and a stay, is the issue of electoral reform – which is a significant part of the constitutional reform process. Any electoral reform must take place amidst broad consultation and must not be done piecemeal, at the 11th hour, on the eve of an election.
We are strongly of the view that the system needs to be overhauled, and that we must have a process that prevents electoral fraud and other malpractices…The concept of expanding representation to…accommodate at-large candidates is in principle a good one, for example. But we don’t think that a change should be made at this stage, so close to a general election, and before widespread information and awareness campaigns, including direct involvement of all political parties. Anything short of those conditions will lead to confusion and chaos.”
The statements made in that press conference from November 2018 carry even more weight today, now that, despite overwhelming objections, the AUF proceeded to fast-track the Order in Council with the UK Government which took effect on 10th April 2019 towards implementing significant changes to our electoral system.
I published an Open Letter to the Premier on 17th April 2019 in which I noted the following:
“We appreciate that the House of Assembly’s Select Committee has been established, in part to satisfy the United Kingdom Government that there is full participation and engagement in the constitutional reform process….These developments mandate that we renew our efforts to broaden the consultation, without prejudicing the acceleration of the laws that will balance the changes and reforms already advanced and contained in the Order in Council dated 10th April 2019.
Although I accept that the previous committee has been declared functus, I require that in addition to including earlier members of that committee in our deliberations that we also invite fresh representation from the united opposition, the churches, the business sector, the Chamber of Commerce, fifth and sixth formers, unions, and as many public bodies as possible to ensure we secure wide opinion and buy in. We have an opportunity to correct the neglect of the past several years and to evidence good practice going forward. I believe if we follow this course we will secure a better constitution for our people. Major issues are at stake and we must resolve these not just in form and appearances, but through principled leadership. On that note, I believe that in addition to securing this widespread representation, I believe that the opposition should share the deliberations, in the circumstances in line with international convention. Alternatively, I propose that an independent authority be nominated to chair these proceedings and I nominate retired Justice of Appeal Don Mitchell, former chair of the Constitutional and Electoral Reform Committee, to be that person. I believe this is a national opportunity and if we get things right it will hold us all in good stead.”
In addition to the above, I have made several representations to the Governor and to Lord Ahmad, The Minister for the Overseas Territories, advocating that this process of Constitutional and Electoral Reform be treated with utmost integrity and seriousness, since there will be consequences not just for our present generation but for future generations. Our posture in this endeavour should be to emerge with a New Constitution that protects our rights and safeguards a democratic system for the Anguillians yet to be born. This should be our goal as responsible leaders in this process.
I want to reiterate here the significant flaws in this current process that will place our entire democratic system of governance in jeopardy if we do not pay close attention to these matters with the greatest urgency:
1. Significant weaknesses in our current electoral system abound. According to the Commonwealth Parliamentary Association’s (CPA) 2015 Election Observation Report, coupled with the 2015 General Elections Report from our Supervisor of Elections at the time – the following issues were raised:
a) The need for an Independent Electoral Commission and/or a Permanent Electoral Office with the necessary resources to undertake continuous voter registration and the urgent need for a New Voters List which would require an enumeration process.
b) The need for an Independent Electoral Boundaries Commission to achieve Universal Suffrage and Equal Suffrage, which refers to the need for each electoral district to have as nearly as possible equal numbers of voters, to ensure that each vote bears equal weight in an election.
c) The need for Campaign Finance Legislation, to regulate funds used for campaigning by individuals and political parties, and public disclosure of the same, to achieve accountability and transparency in the process.
d) The Right to Stand for Elections – Creating a level playing field for all Angullians to exercise their right to stand for elections should they desire to do so without any form of discrimination.
2. Despite the recommendations from previous Electoral Observation Reports, which were then translated into a comprehensive report with proposed amendments to strengthen our democracy and electoral process by the Constitutional and Electoral Reform Committee – a report supported by extensive consultation with the people of Anguilla – this AUF administration continued on their own selfish trajectory to self-preservation: a course of action that can only be described as a complete and blatant betrayal of the democratic process in this country.
3. They are guilty of Disregard for International Conventions and Best Practice Standards in Electoral Law, such as the International Convention on Civil and Political Rights (ICCPR) and the Venice Commission, which stipulate a mandatory threshold of 12 months or more to effectively implement changes to the electoral system proper in any country. The purpose of such an interval is to ensure that there is sufficient time for voter education, to avoid confusion and most importantly to prevent manipulation of the system to give an unfair advantage to the party in power.
Based on the above it is becoming clearer that the AUF had no real interest in Constitutional Reform save and except to manipulate that process and exploit the electorate in order to gain an unfair advantage in the 2020 election.
How can we say that we are for the people and for democracy and operate in such a way that undermines the very principles upon which our electoral system are based? We must get it right!
At a funeral this past weekend – a fellow Anguillian reminded me of Ecclesiastes 10:2 – “A wise man’s heart is at his right hand, but a fool’s heart at his left.” We must exercise wisdom at all times, particularly when conducting the people’s business. The right path is proper consultation; the right path is comprehensive constitutional and electoral reform that is holistic and not piecemeal; the right path is making sure we enhance democracy towards achieving good governance for our people.
I can assure the people of Anguilla that this fight is not over. I, along with others, will continue to advocate for the people of Anguilla,, to ensure that this process of Constitutional and Electoral Reform is not perverted by the special interests of unscrupulous and self-seeking politicians. This is about Anguilla’s future, this is about Democracy and Fairness. This is about you – join the fight.
