The media houses in Anguilla are the recipients of three submissions to the visiting UK Constitutional Team, and the other participants from Anguilla, at this week’s constitutional conference on the island.
Two lengthy statements were distributed at a joint press conference called by the Leader of the Opposition, Ms. Palmavon Webster, accompanied by Mr. Don Mitchell, QC, former Chairman of the 2017 Constitutional and Electoral Reform Committee. Both statements were also intended to be presented at the constitutional conference.
Among other matters, the Leader of the Opposition stated in part: “Subsequent to this joint press conference, myself and the Leaders of the APM and Dove Party held public consultations to raise awareness about the piecemeal approach by the AUF Administration that essentially undermined the work of the Constitutional and Electoral Reform Committee and the will of the people for holistic reforms. Despite calls from the people, the AUF government pushed full steam to implement specific changes to the Constitution by their whim and fancy through an Order in Council to the British Government and – also pushed forward with the Elections Bill (2019).
“I want to briefly remind the people of Anguilla about the issues that I raised in relation to the Constitutional and Electoral Reform proces. These arguments would have been highlighted during the debate on the new Elections Bill (2019), in July, when I called for the Bill to be withdrawn on two separate occasions.”
Ms. Webster pointed out that among her arguments was the establishment of an Independent Electoral Commission which would include the functions of the Boundaries Commission. Another was a New Enumeration Year, a New Voters’ List and Continuous Registration. She also mentioned her argument for the introduction of Campaign Finance Regulations.
In terms of the constitutional conference this week, the Leader of the Opposition stated in her above press statement: “I strongly believe that the National Negotiating Team, in discussing the finalization of the New Constitution with the British, must reflect all the collective voices of the people. This must not become a rubber stamping exercise – the people of Anguilla deserve more than this.”
In his press statement, Mr. Mitchell said he was presenting his preliminary observations to the Foreign and Commonwealth Negotiating Team “for the assistance of persons who will engage in these discussions.”
Among other matters, he stressed: “Any proposed new Anguilla Constitution, that is negotiated with the FCO team, must be submitted to the people for their acceptance before the draft is signed into law. That is the only sure way to achieve a peaceful acceptance of what up to now has been a highly unsatisfactory and acrimonious process. That acceptance of the new Constitution can be easily shown by a yes/no referendum.”
Meanwhile, Dr. Lorenzo Webster, Leader of the restyled Anguilla Progressive Movement, submitted the following to all members of the Anguilla Negotiating Team:
“You are each aware that the GFCO negotiating team commences its negotiations for Constitutional and Electoral Reform in Anguilla on Monday November 18th 2019. It is imperative that we take a unified stance and say to the FCO that it is both inopportune, inappropriate and undemocratic for the British Government to seek to initiate negotiations for fundamental reform to our Constitution in the heart of an election cycle. On a value scale, our people and their leaders ,both Government and Opposition alike, will be preoccupied with intense campaigning for who will form the next Government within the next six months. Matters of Constitutional Reform will take low or no priority and, more importantly, will run the risk of being politicized.”
“The 2017 Draft Constitution prepared by the Constitutional Reform Committee chaired by Mr. Don Mitchell QC proposes sweeping reforms which are designed to strengthen our democracy and the rule of law. The 2017 Draft proposes to accomplish these salutary objectives by enshrining the principles of good governance in our Constitution. It seeks to enshrine as well the Watch Dog institutions vital to securing the observance and preservation of good governance by overarching legislation that will guarantee a regime of vigorous enforcement of good governance by our political leaders.
We can draw every assurance for the correctness of our position from the contents of the letter of Lord Ahmad UK Minister of State for the Commonwealth and the UN dated 10th November 2019 to the Premier of the Cayman Islands Mr. Alden Mclaughlin. That letter overall is applicable to our circumstances but saliently we draw attention to the statement in paragraph 2 where he states:
“Generally the policy of the UK Government has been to require a referendum
unless the reforms are declared by the Premier and the Leader of the Opposition
to be minor or uncontroversial.”
Our unified position must be that that the same rules of PURDAH referenced in Lord Ahmad’s letter ought to have equal force and application to our Anguilla context. To quote him “Since a general election is now called and under the Rules of Purdah, I will not be able to make any new decisions that bind any future Government.”
I urge each and every one of you to adopt this as our unified position in order to avert the undermining of our democratic processes and to preserve the sanctify of the Constitutional and Electoral Reform process. I look forward to confirmation from each of you by return email that you are in full support of the stance proposed.”
