16th July 2019 – First letter
Lord Ahmad of Wimbledon
Minister of State for the Overseas Territories
Her Majesty’s Government for the United Kingdom
Foreign & Commonwealth Office
King Charles Street
London SW1A 2AH
Dear Lord Ahmad,
Re: Anguilla – Constitutional Reform
We are now at a critical juncture in the Constitutional and Electoral Reform Process in Anguilla, which has unfortunately put at serious risk our system of Democracy. I must express my profound disappointment in the administration of this reform process in Anguilla, through your office as Minister of State for the Overseas Territories, which, in my opinion, has been one sided and in favour of the government’s strategy to secure an unfair advantage in the upcoming general elections constitutionally due in April 2020.
As an Overseas Territory of Great Britain, our democratic system of government follows the Westminster Parliamentary Model; a model that is revered globally as the oldest and soundest system of democracy, centred on the rights and will of the people to choose their representatives and, of equal importance, to hold them accountable. The Constitutional and Electoral Reform process in Anguilla is very important and we must get it right, since the consequences of getting it wrong will have severe adverse ramifications for this and future generations of Anguillians. Throughout our correspondence since November 2018 in relation to this matter, I have consistently raised several concerns about the approach of the government of Anguilla in this regard. I have also outlined the position of my office, other opposition parties and the people of Anguilla, who are steadfastly against this negation of our democracy. However, you have consistently, in your capacity as Minister of State for the Overseas Territories, expressed your satisfaction with the untoward actions of the current government.
Furthermore, in light of your strong position on Constitutional Reform in the Turks and Caicos Islands, where you refused to progress the reform process due to the public outcry of opposition in that Territory, I question why the current situation in Anguilla was not met with the same level of concern and scrutiny. In Anguilla, you have sided with the Premier and the government despite, and apparently without regard for, several calls for a pause in the process due to ineffective consultation with the people and the piecemeal approach towards expediting specific reforms to give the ruling party an unfair advantage in the next elections.
I reiterate once more my strong objection to the recently approved Order in Council, which gives the government of Anguilla the right to undertake what can only be described as the sacrifice of democracy on the altar of self-preservation and dictatorial rule. I cannot express myself too strongly when proper oversight in our affairs by Her Majesty the Queen, through your office, has been so abandoned.
Throughout our correspondence I have highlighted several matters which, on properly objective review, should have given the Crown sufficient cause to stay proceedings until such time as all parties involved were satisfied and, most importantly, the democratic rights of the people were effectively preserved. However, the approval of the piecemeal approach of Constitutional and Electoral Reform in Anguilla, through a two phase process (on the eve of a general election), on vague assurances of the Premier, with no guaranteed timeline for full implementation, is a complete travesty. This is despite several objections raised by the Opposition (including my office and representatives of other Opposition Parties) which represents a large percentage of the electorate. Even the Chair of the Constitutional and Electoral Reform Committee, Mr. Don Mitchell Q.C. himself, has expressed his profound dissatisfaction with this piecemeal approach that has been sanctioned by the British Government. In a recent Letter to the Editor of the Anguillian Newspaper published on 10th June, 2019, entitled “The Great At Large Seats Trick”, Mr. Mitchell wrote the following:
“In late 2018, without any discussion with the Anguillian public, an appropriate representation was secretly made to Lord Tariq Ahmad, Minister for the Overseas Territories in London. He agreed to the proposal. Once this proposal was revealed (by publication of the draft Order in Council), the united Opposition in Anguilla protested about the malign effect of allowing the administration to cherry-pick the Committee’s recommendations for political advantage. Lord Ahmad, however, had already succumbed to pressure from the local administration. The result is the Anguilla Constitution (Amendment) Order 2019 which was signed into law in February.
This Order in Council allows the Elections Act to be amended to introduce the 4 at-large seats without any of the other related reforms. This instrument represents Lord Ahmad’s betrayal of the constitutional and electoral reform project in Anguilla. It is a betrayal by the British Government of the promise of good governance for the people of Anguilla. The Elections Bill 2019 published on the government website is their attempt to carry out this trickery.”
It is quite telling that the former Chair of the Constitutional and Electoral Reform Committee can come to this most disappointing conclusion that, in your capacity as Minister of State for the Overseas Territories, you have failed the good people of Anguilla, due to a lack of proper and effective oversight in these matters. This begs the question, indeed, as to whether or not the British Government has any real interest at all in the proper functioning of democracy in Anguilla.
Furthermore, my representations concerning the ineffective and biased ways that the government was seeking to expedite “cherry-picked” reforms by Order in Council has fallen, it seems, on the deaf ears of the British Government, whose duty it is to provide much needed objectivity at this critical time. Moreover, in a letter dated 19th April, 2019, I proposed the following to the Premier in relation to opening up membership of the Select Committee on the new Elections Act (2019):
“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.”
The Executive’s unwillingness to agree to this request is more evidence of their callous disregard for democracy and effective consultation, perhaps emboldened by the position of your office which seems to be unequivocally in favour of every step the government has taken in this process to date. Furthermore, the new Elections Act (2019) fails to bring into action the holistic reforms designed specifically to strengthen the electoral system proper. I will refer directly to this matter under separate cover. Suffice it to say that I call on you to require that the Constitutional reforms are completed in their entirety before the Elections Bill is allowed to become law.
Once again, as Leader of the Opposition, I strongly condemn the circumvention of democracy in Anguilla and I call on you in your capacity as Minister of State of the Overseas Territories to intervene in this matter with every urgency. Failure to do so will be of great detriment to the people of Anguilla and a complete embarrassment to the Westminster Model of Democracy and the British Government.
Yours sincerely,
Pam Webster
Leader of the Opposition
cc: His Excellency the Governor, Mr Tim Foy O.B.E
The Leader of the Opposition, House of Commons
Mr Tom Tugendhat M.P., Chair of Foreign Affairs Committee
Mr Andrew Rosindell M.P., House of Commons
Dr Ellis Webster and Mr Jerome Roberts, Anguilla United
Movement
Mr Sutcliffe Hodge, Dove Party
Mr Don Mitchell, C.B.E, Q.C.
Mr Thomas W.R. Astaphan, Q.C.
Second letter
16th July 2019 – Second letter
Lord Ahmad of Wimbledon
Minister of State for the Overseas Territories
Her Majesty’s Government for the United Kingdom
Foreign & Commonwealth Office
King Charles Street
London SW1A 2AH
Dear Lord Ahmad,
Re: Anguilla – Constitutional Reform
In keeping with my previous correspondence on the Constitutional and Electoral Reform process and the piecemeal approach which, I am in no doubt, will cause tremendous harm to Democracy in Anguilla, I want to highlight serious concerns specifically related to the new Elections Bill (2019), which will be presented to the House of Assembly later this week.
I have pointed to several arguments in relation to the new Elections Act (2019) in my representations in the House of Assembly, as the Elected Member for District One and Leader of the Opposition, and within the public domain. These include, but are not limited to, the deliberate exclusion of recommendations for holistic electoral reform which are designed to strengthen our elections process. Such recommendations are supported by previous election observations reports from reputable bodies, including the Commonwealth Parliamentary Association (CPA) and the Office of the Supervisor of Elections and can be summarised as follows:
1. The Establishment of an Independent Electoral Commission with responsibility for the electoral system proper and which will include the functions of the Electoral and Boundaries Commission, recommended by the Committee 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 carries 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. This was to address major concerns raised about voter registration, which tarnished confidence in the voters list which, in 2015, was published a mere two days prior to polling day.
3. The Right to Stand. The International Convention on Civil and Political Rights guarantees the right of individuals to stand in elections and become an elected member. 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. Calls to address this issue and to provide an equal and level playing field for all who wish to come forward and serve their communities have been ignored.
4. Campaign Finance Regulations. Such regulations are to ensure accountability and transparency in the process and to require that individuals and political parties engaging in general election campaigns in Anguilla disclose their source of campaign funds, to ensure that special interest groups and other questionable individuals have no influence in our electoral process. However, this recommendation is not included in the new Elections Bill (2019).
5. 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. 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 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 passed 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 given no tangible consideration as to how their actions are in direct violation of international standards and best practices in electoral laws.
These arguments among others have serious implications for the debate on the new Elections Act (2019). Furthermore, to add insult to injury, this new bill has been slated for its first reading on 19th July 2019, followed subsequently by the second and third reading which have been slated for 23rd July 2019. This is clear evidence of a complete disregard for proper debate and parliamentary procedures. As per the established practice of the House of Commons in the United Kingdom, the second reading and subsequent debate on the main principles of a bill usually takes place no sooner than two weekends after the first reading. This proposed scheduling is further evidence of the disregard for proper public education and the peoples’ business conducted in the House of Assembly. It is quite clear that the Executive has taken all possible steps to get this bill passed as quickly as possible, with no regard to the damaging effects on our democratic system of governance.
This will be an utter embarrassment to the British Government and, in the context of the recent ruling of the International Court of Justice (ICJ) on matters relating to the Chagos Islands, I am quite surprised that you have not taken steps to avoid potential legal challenges to the Constitutional and Electoral Reform process in Anguilla which, I am in no doubt, will bring into question the role of your office in providing proper oversight, or lack thereof, to this process.
I request specifically that you require the Government to complete the Constitutional’ reform process in its entirety before advancing the Elections Bill in Anguilla, until all parties are properly consulted and there is broad consensus on all areas of reform. In addition, the immediate general elections due in 2020, by international standards and best practices and in the absence of a fair and just reform process to date, should be held under the old system. Unfortunately, this has become necessary since the holistic constitutional and electoral reform process that the people consented to has been corrupted through lack of effective consultation, a biased Executive and an administrative environment which lacked proper oversight by the British Government.
As Leader of the Opposition, and as someone who loves Anguilla and its people, and who works diligently to defend their best interests, I am prepared, by all means necessary, to advance this matter until the people are duly satisfied that the democracy in our country is no longer under threat.
I look to you for your support.
Yours sincerely,
Pam Webster
Leader of the Opposition
cc:His Excellency the Governor, Mr Tim Foy O.B.E
The Leader of the Opposition, House of Commons
Mr Tom Tugendhat M.P., Chair of Foreign Affairs Committee
Mr Andrew Rosindell M.P., House of Commons
Dr Ellis Webster and Mr Jerome Roberts, Anguilla United Movement
Mr Sutcliffe Hodge, Dove Party
Mr Don Mitchell, C.B.E, Q.C.
Mr Thomas W.R. Astaphan, Q.C.
