It was encouraging to hear recently about renewed Constitutional focus by the Hon. Premier Richardson-Hodge, especially regarding ex officio members’ House voting rights and Executive Council administration.[1] And as such voting enabled passage of the Goods and Services Tax Act and provided the foundation for its derivative, the General Services Tax Act, it seems timely to read The Constitution of Anguilla – beginning, as it does, with a look at…
Fundamental rights and freedoms of the individual
The 1982 Order starts with reassuring protections in Chapter 1. It asserts, “…every person in Anguilla is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—(a) life, liberty, security of the person, the enjoyment of property and the protection of the law; (b) freedom of conscience, of expression and of peaceful assembly and association; and (c) respect for his private and family life… subject to such limitations of that protection as are contained in those provisions…”[2]
Protection of right to life – from forced labour, and inhumane treatment
Section 2 assures us, “No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence.”[2] So, the death penalty was constitutional?
Section 4 is elegantly clear: “No person shall be held in slavery or servitude… [nor] … required to perform forced labour.” Notably, both GST laws have forced the service of unpaid tax collection under threat of countless civil and criminal penalties. However, it cites public service in a community emergency as a relatively compelling exception.[2,3,4]
Section 6 is likewise succinct: “No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.” [2] Only four sections after the death penalty. Yes. Really.
Protection of right to personal liberty
Whereas Section 3 is hampered by conditions: “No person shall be deprived of his personal liberty save as may be authorised by law…” It includes being unfit, convicted of a crime, in contempt of a court, if arrested, as a minor by parents, restraining orders, during extradition, to prevent spreading a disease – or “in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law.” That part also describes one’s rights if arrested, with more criteria in later sections. [2] So, any new law can affect our liberty?
Protection of freedom of movement
Another aspect of personal liberty is freedom of movement. Section 5 enters the weeds in both GST laws. Once again, we have a heartening start, “No person shall be deprived of his freedom of movement, and, for the purposes of this section the said freedom means the right to move freely throughout Anguilla, the right to reside in any part of Anguilla, the right to enter Anguilla, the right to leave Anguilla and immunity from expulsion from Anguilla.” That is, apart from lawful detention, defence, public safety or order, deportation of noncitizens, extradition, and subsection 5.3.(g) states, “for the imposition of restrictions on the right of any person to leave Anguilla that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law…”[2] Hmm. Any law?
Both GST laws allow: “Where the Comptroller has reasonable grounds to believe that a person may leave Anguilla without paying all tax due under this Act, he may, subject to subsection (2), issue a certificate to the Chief Immigration Officer containing particulars of the tax due and request …the necessary steps to prevent the person from leaving Anguilla until the person makes— (a) payment in full; or (b) an arrangement satisfactory to the Comptroller for the payment of the tax…” upon obtaining (2) “…an Order of the Court in respect of the tax due.”[3,4] The 2025 GST Act exposes our People to risk of lost liberty from a tax dispute – until or unless it is repealed.
Protection from deprivation of property – and arbitrary search or entry
Another limited protection is in Section 7: “No interest in or right over any property of any description shall be compulsorily acquired, and no such property shall be compulsorily taken possession of, except by or under the provisions of a written law…” See a pattern here? It describes compensation or forcefully taken by reason of “breach of the law” – from wayward animals to dangerous conditions. And 7.2.(a) includes property deprivation, “in satisfaction of any tax, rate or due…” and (d) “by way of taking a sample for the purpose of any law…”[2] Any law? Any tax? Wow.
Section 8 has another auspicious start: “Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.” That is, unless another law addresses public interests, or “… authorises an officer or agent of the Government of Anguilla, a local government authority or a body corporate… to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property… that belongs to that Government, authority or body corporate, as the case may be…” [2] Note “a local government” suggests this came off someone’s copy machine. Still, it’s clear as day: Taxes collected for Government “belong to that Government”. Psst. Remember: auditing sales tax records would be the same as GST no matter the rate. Why? All taxes belong to Government!
So, there is constitutional sanction for intrusive laws like GST – which allows for records and goods to be searched and seized without a court order.[3,4] Or, property taken as a “sample for the purpose of any law” as well as one’s records, computers – and in the “protection” policy, one’s inventory.[5] Why have a constitution at all?
And more to come…
There are ten more sections addressing “fundamental rights and freedoms” ? with limitations! However, the preamble reserves to our monarch “…power, with the advice of Her [now, His] Privy Council, to make laws for the peace, order and good government of Anguilla.” [2] But. Recent extortionate taxation made a mockery of “good government.” And impoverishing families with tax measures that give unelected individuals warrantless powers of entry, inspection and seizure fosters neither peace nor order.
So. Beyond voting rights and Executive Council, will another Constitutional revision strengthen our democracy? Will it respect the intimacy of our society? Will it ensure the dignity of our People – or criminalise us at every turn? Will they establish a framework for sustainable spending and protect AI for the future while limiting tax burdens, instead of our rights? Or will our Constitution be forever undermined by passing new laws like GST? Or, even more intrusive and demeaning, the last administration’s consumer “protection” legislation? And more to come…
Repeal GST – and pass a balanced budget bill. Now.
This article reflects issues raised on July 5, 2021, at the House Select Committee on GST Public Hearing. [1] https://anguillafocus.com/premier-anguilla-to-pursue-full-fledged-constitutional-reform/; [2] https://www.legislation.gov.uk/uksi/1982/334/made/data.pdf; [3] GST Act 2021; [4] GST Act 2025; [5] Consumer Protection Policy, 2023.
