As the Elected Member for District One and Leader of the Opposition, I must express my profound disappointment at what transpired in the House of Assembly on Tuesday 23rd July 2019. The AUF government is a very present danger to Democracy in Anguilla. This is the only conclusion that we can come to when the will of the people has been ignored once again. The writing is on the wall. The people must stand up against the tyranny of this regime.
You will know that the development of the Constitutional and Electoral Reform process in Anguilla has been extensive. The final report, with all the proposed reforms and recommendations compiled by the Constitutional and Electoral Reform Committee, represented and reflected the voices and the will of the people for holistic reforms to strengthen our democratic institutions. Additionally, the reforms proposed in the Committee’s report are consistent with recommendations from previous election observation reports from Supervisors of Elections 2010 and 2015 respectively, as well as the Commonwealth Parliamentary Association (CPA). This is further evidence that the people of Anguilla, in tandem with reputable reporting agents and agencies, identified significant gaps in our electoral system proper (a portion of constitutional reform) that needed to be addressed.
Unfortunately, the people of Anguilla are left bewildered by an AUF government that, despite calls for due process and proper consultation in the constitutional reform process, have fast-tracked “cherry-picked” reforms to serve their own self-serving interest, which is to be re-elected in 2020 and remain in power. The passing of the Elections Act (2019) is the end product of what can only be described as a well-constructed plot, executed by those thirsty for power and, perhaps, petrified of investigations into corrupt practices should they lose their bid for re-election. This is quite clear, since numerous attempts to appeal to the conscience of elected members to do the right thing by the Anguillian people have proved futile.
Let me remind the people of Anguilla why the Elections Act (2019) was so detrimental to the Constitutional and Electoral Reform Process. It is not because of what was in the bill itself – to the contrary, it is because of what WAS NOT in the bill. Some of the more important issues that are NOT dealt with in the bill are:
1) The Establishment of an Independent Electoral and Boundaries Commission for the purpose of reviewing and, if necessary, adjusting the district boundaries in Anguilla to achieve an approximately equal number of voters between districts. This is to achieve Equal Suffrage – a democratic principle which ensures that each vote in an election has equal weight.
2) A New Enumeration Year, a New Voters List, and Continuous Registration with the power to ask new registrants to appear in person to complete the registration process, to address major concerns raised about voter registration. The voters list was published in 2015, a mere two days before polling day.
3) The Right to Stand. The International Convention on Civil and Political Rights guarantees the right of individuals to stand in elections. Previous election observation reports have pointed to the potential violation of citizens’ rights in Anguilla. For example, public servants must resign their posts in order to stand for elections.
4) Campaign Finance Regulations. Such regulations are essential to ensure accountability and transparency in the process and to require that individuals and political parties engaging in general elections campaigns in Anguilla disclose their source of campaign finance. This is to ensure that special interest groups and other questionable individuals have no influence in our electoral process.
Furthermore, The Venice Commission which sets International Standards and Best Practices in Electoral Law, and of which the United Kingdom is a long standing member, notes a minimum threshold of 12 months to effectively implement changes to the electoral system proper. In addition the Venice Commission states under “Regulatory Levels and Stability of Electoral Law” that if there are any changes or amendments to the electoral law itself in a country, the old system will apply to the next election – at least if it takes place within the coming year – and the new one will take effect after that. Therefore, with our next election constitutionally due in April 2020 we have surpassed the minimum threshold to effectively implement changes to our electoral system proper and are at serious risk of causing chaos and confusion in this process. Despite several questions raised on this issue, the executive branch has taken no real and tangible consideration of how their actions are in direct violation of international standards and best practices in electoral laws.
Clearly, any right thinking Angullian will deduce from the points above that a new Elections Act which does not incorporate the holistic reforms aforementioned; the same reforms which were part of the Constitutional and Electoral Reform Committee’s Final Report; that something is very wrong.
As the Elected Member for District One and Leader of the Opposition, I have worked tirelessly to stop this bill from being progressed in the House of Assembly. I have made several representations in the House of Assembly on this matter, as well as on the Select Committee of the whole House on Constitutional and Electoral Reform. Moreover, I have written to Lord Ahmad, Minister of State for the Overseas Territories, and the Governor on this important matter. I hosted a united Press Conference with the Leaders of the AUM and the DOVE Party to warn Anguillians from the very beginning that this piecemeal approach to Constitutional and Electoral Reform was a danger to us all. In my articles as well as statements on radio and other media, I have called on all Anguillians to pay very close attention to this matter and its serious implications to our democracy and our future.
Many will say that I am only one person. To the contrary, I know that when I stand and speak, whether in the House of Assembly or elsewhere, I speak as one of many. This process of advocacy on behalf of the Anguillian people will continue. The record will show, and will constitute the advancement of this issue to the highest levels until the people are satisfied that the democracy to which they ascribe is functioning as it should, and in accordance with international conventions, standards, and best practices. I have also written a letter to the Governor asking him on behalf of the people to not sign this Elections Act (2019) into law as it constitutes a violation and betrayal of citizenship participation, and undermines democratic principles in favour of the ruling party. His Excellency Tim Foy must give account for his actions specifically as it relates to this matter of constitutional and electoral reform in Anguilla. One would hope that he does the right thing in this regard as he is duty bound to do.
In my next article I will go more deeply into the debate which took place in the House on Tuesday 23rd July 2019, in relation to this Elections Act (2019), which has now been passed in the House of Assembly. I will show how the arguments made by other elected members are inherently flawed and how the decision to pass this bill is a real and present danger to Democracy in Anguilla.
In this particular instance, as per the rules of the House, I called for a division of the votes so that each elected member would state verbally their position on the passage of the Elections Act (2019). Let the record show that:
• The Elected Member for District 2, The Hon. Cora Richardson-Hodge – voted Aye (yes)
• The Elected Member for District 4, The Hon. Victor Banks – voted Aye (yes)
• The Elected Member for District 5, The Hon. Evalie Bradley – voted Aye (yes)
• The Elected Member for District 6, The Hon. Curtis Richardson – voted Aye (yes)
• The Elected Member for District 7, The Hon. Cardigan Connor – voted Aye (yes)
• The 2nd Nominated Member, Mr. Paul Harrigan – voted Aye (yes)
• The Deputy Governor, Mr. Perin Bradley – abstained
• The Honourable Attorney General, Mr Dwight Horsford – abstained
and your humble servant,
• The Elected Member for District 1, The Hon. Pam Webster – voted NO.
I want to express my deepest gratitude to all who have contacted me and shown your support in this long standing battle to defend the rights of the people of Anguilla. It is your words of encouragement that have fuelled my resolve to continue this journey to the exalted end. To underestimate the power of the people in this country would be a gross miscalculation. We are the product of the revolution. The will to fight against tyranny and oppression flows through our veins. The battle continues.
