Modernising Anguilla’s Constitution By Rev. Dr. H. Clifton Niles

Rev. Dr. H. C. Niles

In the first place, it brought some needed stability and order to the island after several years of uncertainty which followed the 1967 Revolution. Between 1967 and 1982 Anguilla had no fewer than five different constitutions, including one which sought to establish Anguilla as a Republic. The 1982 Constitution was the sixth and, while it was welcomed by many, there were those visionaries who saw its shortcomings and warned of them. Nevertheless, we lived with it for all these years.

Secondly, the 1982 Constitution established a form of colonialism in Anguilla which eventually denied the elected representatives (and by extension, the people of Anguilla) any real and meaningful role and power in the administration of the affairs and development of the island. This was because it concentrated the executive power and administration in the hands of the Governor. Two quotations are sufficient to illustrate the point:

In section 19 (2) of the Constitution it is clearly stated that the Governor is the one who is responsible for “administering the Government of Anguilla”. And in section 22 (9) it is clearly stated that “the executive authority of Anguilla shall be vested in Her Majesty”. It goes on to say that “the executive authority of Anguilla may be exercised on behalf of Her Majesty by the Governor either directly or through officers subordinate to him…”

From beginning to end it is made very clear that the Governor is the one person with the real power and authority in Anguilla. That power and authority may be exercised directly by him or by delegating some of it to persons who are answerable to him. Delegated power can be withdrawn at any time.

The third thing which the present Constitution did was to ignore completely the vision and request of the revolutionaries which was expressed in the memorandum sent to the Governor in St. Kitts on 31 May 1967. It stated in part: “Anguillians do not want to be part of the State of St. Christopher-Nevis-Anguilla…They want a process set in motion now which will give them separation within twelve months. By the end of this time they want to be a State in Association with Britain.”
By ignoring the vision and request for self-determination, the 1982 Constitution actually turned back the proverbial “hands of the clock”. That vision has never died, even if denied. In addition to denying the vision, the present Constitution also denies the practice of true democracy in Anguilla, all in the name of good governance.

The need to modernize the Constitution has been recognized several years ago. It is to Britain’s credit that they requested a review of the Constitution over ten years ago; and it is to Anguilla’s discredit that this modernization has not yet been completed despite two previous attempts. My hope is that this time everyone will get involved and bring it to completion.

The modernization of our Constitution is a national project, and not the project of any one political party or group of persons. It is not even a British project. Every single Anguillian and resident is invited to participate meaningfully in the process over the next few months, for the outcome will affect everyone of us who calls Anguilla “home”.

Going forward we need to take serious account of a number of things. One is the concept of partnership advocated by the British. In 1997, Britain outlined the parameters of a new vision of the relationship between Britain and the so-called Overseas Territories. The four guiding principles of that “Partnership for Progress and Prosperity” are as follows:

• The Partnership must be founded on self-determination.

• The Partnership will create responsibilities on both sides which must be observed and respected by both parties.

• The Partnership must allow the people of the Overseas Territories to exercise the greatest possible control over their own lives.

• The Partnership will ensure the provision of help to those Overseas Territories which need it.

On this point, the document concludes:

“The territories should administer themselves in accordance with their constitutions and in full respect for those of the UK’s international obligations relevant to them. Within that framework the UK should uphold the right of the individual territories to determine their own future and to enjoy a high degree of autonomy while ensuring their defence and external relations and providing governance of a high quality.”

Giving constitutional form to these objectives will mean, among other things, making adjustments to the role and functions of the Governor, the Legislature and the Executive, and, in the interest of good government, transparency, accountability, and genuine democracy, ensuring that the necessary checks and balances are in place. The days of individual rule and sham democracy are long gone. The call is again made to all who love this country, and desire a prosperous and free future, to bury old hurts, party spirit, and narrow-minded thinking, and embrace the opportunity now presented by the Constitutional and Electoral Reform project.