Constitutional and Electoral Reform in Anguilla is of the utmost importance. Sadly, the mishandling of the entire process and the political manoeuvring of the AUF, has become a vexing issue.
Let the record show that, as Leader of the Opposition, I have worked tirelessly and will continue to do so, to ensure that the people are aware of the fallacies and failures in this process of Constitutional and Electoral Reform, that has placed our entire system of representative governance at risk in the most sinister ways possible. The former Chair of the Constitutional and Electoral Reform Committee, Don Mitchell Q.C., has also written extensively on this matter. I urge you to go back and read his article on “The At-Large Seats Trick”, The Anguillian 10th June 2019. I congratulate him and many others who have raised awareness and sounded the alarm that we are heading down a dangerous path; a path that must be corrected immediately in order to save our children’s future.
While the AUF Government and the Minister of Home Affairs continue their stance of arrogance, unapologetic for the complete disaster that this process has become, let me remind readers of the numerous arguments put forward in relation to Constitutional and Electoral Reform including the following:
Specifically, the Bill for the new Elections Act 2019 lacks the comprehensive electoral reforms that the people of Anguilla called for during the consultative process, under the stewardship of the able Constitutional and Electoral Reform Committee. Such comprehensive reforms that have been excluded from this bill include:
• The Establishment of an Independent Electoral and Boundaries Commission
• The Establishment of an Integrity Commission, to provide proper and effective oversight of the conduct of political parties and candidates in the electoral cycle. Such a Commission should also have the responsibility to develop a Code of Conduct and a mandatory Register of Interests (financial and otherwise) for elected officials.
• 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.
• The Right to Stand. Previous election observation reports have pointed to the potential violation of citizens’ rights. For example, public servants must resign their posts in order to stand for elections. This is restrictive and potentially violates their right to stand.
• Campaign Finance Regulations to outlaw vote bribery.
Some of these self-same holistic reforms were called for by the Supervisor of Elections in 2013 and minuted in Executive Council Meetings (AUM Administration) of that same year:
ExCo Meeting of 25 July 2013
EX MIN 13/500
EX MEM 13/234 ELECTION REPORT RECOMMENDATIONS
Council:
(a) approved in principle the recommendations of the Supervisor of Elections below:-
1. Priority should be given to the redrawing of the electoral boundaries which have not changed since they were first drawn in 1972. Changes in Anguilla’s demography (expansion of residential areas and patterns of settlement) have created a situation where there are serious disparities in the distribution of registered voters among the seven electoral districts. For example, there are 710 registered voters in the Sandy Hill District compared to 1,788 and 1,653 in the Districts of Valley South and Valley North respectively. This situation is not good for our democracy, and that a redrawing of the boundaries should be undertaken before the next general election constitutionally due in 2015. The sooner a start is made in that direction the better, because such an exercise takes time.
2. Allegations of bribery should be investigated by the Police.
3. The elections law should be amended to:
(a) Regulate party campaign finance. Such regulation should include the requirement for public disclosure of contributors to, and recipients of, election campaign expenses in addition to providing other controls and checks;
(b) Give legal sanctity to the use of electoral ink; and
(c) Provide for voter identification cards.
4. The Constitutional and Electoral Reform exercise should be expedited to remedy any deficiencies in the electoral process.”
(b) authorised the costing of a diagnostic review and any other assessment required to determine the viability and time frame for implementation in relation to the recommendations referenced above;
(c) agreed that Council should be updated on progress by September 12, 2013.
ExCo Meeting 20 December 2013
EX MIN 13/856 EX MIN 13/765 INF 13/01 PROCESS RE- ELECTION REPORT RECOMMENDATIONS
Ms Aurjul Wilson PS, Home Affairs and Lands and Supervisor of Elections remained for discussion.
Ms Aurjul Wilson, Supervisor of Elections presented Council with a report on the Redrawing of Anguilla’s Electoral Boundaries Project Plan.
Council:
(i) approved the recommendations in the report
(ii) agreed that Executive Council should be updated in February 2014
Action: SUP/ELECTIONS; DG
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ExCo Meeting 26 February 2014
EX MIN 14/132 EX MEM 14/67 ELECTORAL REFORMS – DRAFTING INSTRUCTIONS RE THE ESTABLISHMENT OF A CONSTITUENCY BOUNDARIES COMMISSION
Council:-
(i) approved the drafting instructions set out in Appendix I of EX MEM 14/67
(attached) to facilitate the enactment of legislation to address the creation and work of a Constituency Boundaries Commission; and
(ii) authorised the AG’s Chambers to draft the relevant legislation to create and mandate the work of a Constituency Boundaries Commission, so as to facilitate passage of the legislation by 31st December 2014.
Action: SUP/ELECTIONS; AG.
It is clear from the above that there is at least equal blame to be laid at the feet of the former AUM administration for the predicament that we now find ourselves in, but that does not excuse the current administration – they are both totally culpable in this respect.
Today, we are fighting to have these same reforms implemented while the AUF administration continues to rule with an iron and intransigent fist. Moreover, the Select Committee of the House of Assembly on Constitutional and Electoral Reform has, against my objections, refused to take into proper consideration the serious matters noted above. This, coupled with the rejection of additional recommendations put forward by Anguillians in the 2017 report from the Constitutional and Electoral Reform Committee, is further evidence that the AUF and the Minister with responsibility for Home Affairs are playing a very dangerous political game with our democracy. We simply cannot allow this to continue; this may be our only opportunity to get it right. We must stand together in defence of our beloved Anguilla and our children’s future.
How flabbergasted were we to learn of and read the press release issued this past week by the Minister of Home Affairs noting only three (3) scheduled public consultations in a matter of 10 days for phase 2 of the Constitutional Reform. How can this remotely be considered a proper and effective consultation? Is the Minister taking Anguillians for fools? Has the report from the Select Committee of the whole house on Constitutional and Electoral Reform, including my Statement of Dissent to the said Report, been made available to the general public by this administration, with ample time for proper review? The Minister should be ashamed to come to the people with anything less than a full schedule of multiple, proper and effective consultations, to take place at least in each District, with a wide cross section of all stakeholders involved.
While it may seem that the other Opposition parties have abandoned this fight, perhaps to suit their own political strategies going forward into the next general election, I will continue to stand as the Independent Voice for the People of Anguilla! This is my duty. It is the right thing to do!
