Simply Put, You Cannot have Your Cake and Eat It!!
Dear Editor:
I write to you concerning three letters published by The Anguillian in its Friday, 3 September, 2021 edition.
The first is the letter from the Leader of the Opposition to the Governor of Anguilla, on page 10 of the publication, the second and third are on page 11, and are from the “Anguilla Evangelical Association” and the “Anguilla Christian Council”, both to the Governor of Anguilla.
All three letters take issue with the recent passage of the GST Act.
In respect of the Leader of the Opposition’s letter, I quote one paragraph:
“The issue is not whether or not the DG and the AG have the right to vote in the House. The issue is that, while Anguilla continues to progress wholesale constitutional reform and a true partnership for progress and prosperity with the U.K., should vestiges of our colonial past (ie. the constitutional right of the DG and AG to vote) continue to place a stranglehold on our ability as a people to determine our future?” (italics supplied).
With the greatest respect to the Leader of the Opposition, who is a colleague in the Law, this paragraph is profoundly misconceived, and is inherently self-contradictory for the reasons which follow:
1. If the issue is not whether the DG and the AG have the right to vote in the House, a Right vested in those offices by the Constitution of Anguilla, without qualification or restriction, how is the exercise of that Right a “…vestige(s) of our colonial past”?
2. There is no “colonial past”. There is a very active and debilitating “Colonial Present”!!
3. The very Constitution to which the Leader refers is a Colonial Constitution, pure and simple. To see this in Spades, all one has to do is to read Chapters II, III, IV, V, VI and VII of the document. All Powers are vested in The Governor and in the U.K. Secretary of State, even the Power to override the Executive Council, and the House of Assembly. See: Sections 19, 19A, 20, 21, 22, 23, 24, 24 (1A), 24 (1B), 25, 26, 27,28(2), 28(4), 29, 31, 31, 33, 35(2), 38(b) and (e), 40(1), 40A, (1), 41. (1), 47, 48, 49, 55(2), 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 (b) and (c), 71, 74, 75, 76, 77, and 78,.
4. There is, and has not been since 1978, any “wholesale constitutional reform”. In fact, since then, every change to the Constitution of Anguilla has resulted in less power being vested in the elected representatives of the people, and more in the British Government. Every single one – it would be childish to deem the change in name of the Office of Chief Minister to that of Premier as any “progress”.
5. This nonsensical “Partnership for Progress and Prosperity” which the Colonial Masters coined and imposed on their Subjects has been swallowed by the natives of the Colonies like the Horse and Cow de-wormer Ivermectin, is being devoured by the American ill-informed – with like effect.
6. There is no “Partnership”. There is a Dictatorial relationship whereby the U.K. imposes its values and obligations on the People of Anguilla. Their assistance after Hurricane Irma, and with the Covid crisis have come with terms and conditions, one of which is the very subject matter of the three letters referred to. The passage of G.S.T. So, it was not a compassionate Colonial Master helping its Colonial Subjects, but a ruthless U.K. Government exploiting two natural disasters to demand the passage of Laws which Anguillians would NEVER approve.
7. The G.S.T is NOT the end. There are more which have passed, and many more coming, none of which is intended to benefit Anguillians, but to bring them into conformity for the next BIG SHOCK: Will it be Reciprocity ?
8. When U.K. Citizenship was being dangled before the Colonial Subjects in the 2000’s, the great Dame Bernice Lake, Q.C., and myself went on radio and warned the people of Anguilla that taking U.K. Citizenship will have, and must have reciprocity as its natural, and legal consequence. Need I remind you that Ms. Lake and I were subject to a torrent of abuse from Politicians from the sanctuary of the House of Assembly, and from others, elsewhere?
9. This, from the viewpoint of the Johnson U.K. Conservative Government, is understandable. They rode into office on the misconceived shout and prejudice of BREXIT. Now that they have BREXIT their Economy and Social Services are tanking. There is growing dissent. There is increasing pressure being brought to bear on the Government. Europe had provided the escape valve for 50 years when such pressures built up. Europe is no longer available and, in order to release those pressures from Britain itself – Voila – you got the Colonies where the dissenters can go as U.K. Citizens to live, work and play, just like Anguillians in Anguilla. Yep; is that the next big shocker for Anguillians, FULL RECIPROCITY?? Logic suggests that it will be.
10. So, when the Leader of the Opposition says “…continue to place a stranglehold on our ability as a people to determine our future?” she is correct BUT, it is NOT the British who continue to do so, it is the Anguillian People themselves, and their Politicians who do so. The ONLY way Anguillians “…as a people (can) determine our future” is to go to Independence. Without Independence you will have to take whatever bitter medicine the British Masters force down your throats. Like it or not. G.S.T is but one minor instance of this.
11. Mrs. Richardson-Hodge was present at the meetings with the British Representatives a couple years ago when Constitutional Reform was being discussed. She must remember the odious “Red Lines” which were placed before us then, and which continue now – ever expanding. They made it clear: We will impose our directives on you; our values; our systems and customs; we will restrict and limit whatever little “powers” we give you, and you will do as we say. If you don’t like that, your option is Independence.
12. Let me issue a warning here: If Anguillians continue to be afraid of their own shadows, Reciprocity will come and, in short order, people from the U.K will form the majority here, with the Power to vote, and Anguilla will end up like Cayman Islands where the native People are the minority and can never now get Independence because they are a minority in their own islands. Turks & Caicos getting there too, and so will BVI. Sooner rather than later. Mark my words.
13. In short, therefore, The Leader of the Opposition is correct in that the problem we face in Anguilla is our Colonial Status, with a Colonial Constitution which will NEVER be reformed to vest any significant Power in the People of Anguilla. In the result, the only viable option to rid Anguilla of the Colonial anvil which rests upon the necks of Anguillians, is to set a timetable for Independence. Either that, or shut up and take the blows the British throw on us. Your choice.
14. Everything else is, honestly, a waste of time.
15. I ask the Leader of the Opposition to state her, and her Party’s position on Reciprocity, now, not when it is upon us. How will you protect “…our ability as a people to determine our future.”? Independence is the only answer.
Now to the other two letters.
1. The Evangelical Association: Who exactly do they represent? Who constitutes their Membership? Is there a List of Members available for the Public to see so that we may know whom they purport to speak for?
2. Why is a purported Religious organization delving into Politics? Our Constitution does not recognize any particular religious sect as having an institutional role to play, either in governance or in politics.
3. If they are truly concerned with their first item of “breach”, why not file a Claim in Court? The Governor is the Head of the Executive Branch of Government (and , ultimately, by the Constitutional Powers vested in that Office, of the Legislative Branch too, for all intents and purposes), and cannot take it upon herself to entertain the thought of succumbing to the reference to the Paul Webster case referred to. It is only a Court of Law which can address the question as to whether or not there was a “breach” on the ground of inadequate consultation, or any other ground. Not the Governor.
4. As to the next breach, the Constitution makes the Attorney General the Legal Advisor to the House of Assembly. The Speaker of the House is entitled to call upon the Attorney General for advice and, it is the Speaker’s choice as to where she wishes to seek that advice. But, if I remember correctly, as I watched the sitting that day, when the Speaker and the Attorney General retired into the rear of the House Chamber, so too did the Leader of the Opposition. How can giving advice to the Speaker by the Attorney General, as he is constitutionally required to do, disqualify the Attorney General from voting on a Bill? What is the Legal Theory upon which such a submission is made? There is none.
5. Their next complaint is that the two Ex-officio Members of the House voted “to overturn the combined votes of 6 elected members of the House. This is profoundly disturbing and strikes an ominous note for our future.” Firstly, since I have been in Anguilla –October, 1987 – Ex-officio Members in the house have always voted. That is nothing new. The Attorneys –General and the Deputy Governors have ALWAYS voted with the Governing majority. Nothing new here either. This is a non-issue. The Constitution empowers them to vote without restriction or condition. You don’t like it? Independence.
6. Then they say this: As leaders of the church community of a Christian Nation we are compelled to stand up and speak out for our people…”
7. Anguilla is NOT a “Nation”. It is a Colony without a National identity. Want one? Go Independent.
8. Anguilla is NOT “a Christian nation”. Nowhere in the Constitution does it establish Anguilla as a Nation, much less a “Christian nation”. What is protected is Freedom of Conscience: See Section 10. Not Religion, and certainly not any particular religion, Christian, Muslim or any other.
9. Then there is the Christian Council’s letter.
10. Who are the Members of this Council? Who do they represent? Who elected them? What is their Mandate? They, same as the Evangelical Association, are not a constitutionally mandated institution, and are not prescribed with any institutional power or authority thereby.
11. They “…are concerned that the issue of parliamentary democracy in our House of Assembly is broken and needs to be repaired.” They have not stated what evidences this “broken democracy” in the House of Assembly, but they suggest that “Hopefully, this problem will be addressed during our current constitutional exercise.”
12. They were represented at the meetings with the U.K. Team on Constitutional Reform. They too are aware of the Red Lines. The “…current constitutional exercise “will offer no substantive changes. The British have made this clear. They know this to be the case yet ….
13. So, if this Council really cares about “parliamentary democracy”, they will advocate for Independence for Anguilla under a Constitution which enjoins Parliamentary Democracy, and discard the Colonial relationship we now have with the Masters. Anything else is a waste of time, and pure political showmanship – indeed, both the Council and the Association have made it a practice over the years to be quite political, despite the fact that Politics and Religion, like water and oil, do not blend, and are not intended to intercourse with each other.
14. They further complain, inferentially, about the Ex Officio Members voting for the Bill, and 6 elected Members voting against it, and say that “The voice of the people of Anguilla was clear in the vote on the G.S.T. Bill in the “House”. The fact is that the majority of the elected representatives in the “House” voted against G.S.T. Shouldn’t the voice of the people matter?”
15. The Christian Council ought to be aware of the Constitution of Anguilla and, if they are so aware, they would know that the two British appointees enjoy all of the Rights and Privileges that are enjoyed by elected Representatives. That is Colonialism for you. The Colonial Master injects its appointees in crucial areas to retain control.
16. If the Christian Council do not like this their only viable option – and, indeed, the only solution – is to advocate for Independence. The British will NOT cede ANY power to Anguilla. Zero. This they have made abundantly clear, despite their essays at heart-warming diplomacy. A recent example is to be found in the way the Governor conducted herself when receiving the Petition from the “Concerned Citizens”. She was warm, cordial, friendly, engaging, apparently compassionate and, indeed, quite likeable. But, the Act still stands. Nothing has changed. She will not bend to any pressure sought to be brought to bear on this issue. She has her Orders from London and those are her priority. Not what Anguillians may want. She displayed beautiful diplomacy that day. I give her full marks for that impeccable performance.
All three letters ignore Anguilla’s Constitutional reality, and rely on appeals to abstract values which are, respectfully, not of any interest to the British in the Colonial context.
Their repeated attitude is this: We will dictate. If you do not like that, go independent. We will not cede any power to you. This dates back to the Rifkin Letter of the 1990’s.
So, I beseech the Association, the Council and the Leader, Scribes all, to quickly engage the Governor, not on the G.S.T. Act, which will NOT be repealed, but on Reciprocity, and the collective view of Anguillians on that issue, and any other Laws which the British intend to cause our House of Assembly to pass in their quest to stealthily absorb Anguilla into the United Kingdom.
Address your collective energy where it will count.
Yours Sincerely
Tommy Astaphan
