The leaders of the Organisation of Eastern Caribbean States (OECS) Tuesday expressed their “alarming concern” at the current situation in the British Virgin Islands (BVI) where the Governor of that British Overseas Territory, John Rankin, is moving to implement the recommendations of a Commission of Inquiry (COI) for governance reform.
The OECS groups the islands of Antigua and Barbuda, Dominica, Grenada, St. Lucia, St Vincent and the Grenadines, St Kitts and Nevis, Montserrat, Anguilla and the BVI.
In a statement, the leaders said that they have noted “the request by the Governor for additional powers which will allow him to bypass the Territorial Government, and implement unilaterally, the recommendations of the Commission of Inquiry (COI) for governance reforms in the BVI”.
They said they condemn “strongly any efforts to undermine the legitimate Government of the BVI and expressed solidarity with the Government and people of the BVI in the undertaking of the process for reforms.”
They are also condemning “the considerable diligence exercised by the democratically elected government and people of the British Virgin Islands and the progress made thus far in implementing governance reforms which have no doubt strengthened the BVI systems and institutions, following the elections which were successfully held in April 2023”.
Earlier this month, Rankin, who is due to leave his post on Thursday and be replaced by Daniel Pruce at the end of January, said he would continue to “ work hard during my remaining time in the BVI” and that “with determination and resolve together, the reforms which the people of the Virgin Islands want and deserve can be achieved”.
In his statement, Rankin said that he was also publishing his fifth quarterly review of the implementation of the COI recommendations.
“The COI report was published in April 2022, twenty-one months ago. The COI found poor governance, a lack of accountability and the misuse of public funds. Members of the House of Assembly weren’t declaring their interests, two-thirds of all contracts over $100k weren’t being openly tendered. There were serious concerns over the system of assistance grants, which were further clearly shown in the audits that have been carried out by the Auditor General,” he wrote.
He said the COI made 49 recommendations to help resolve these issues and place the BVI on a better path to good governance.
Rankin said in June 2022, the Government of National Unity accepted 48 of those 49 recommendations and committed themselves to delivering them, adding that politicians from across political parties agreed that delivering these reforms was vital.
“I am disappointed however to report that in recent months progress on these commitments has significantly stalled. My previous Quarterly Review was relatively positive, but it called for a concerted effort and prioritisation from Ministers to make further progress. This has not happened.”
Rankin said that last September, 24 of the 48 recommendations had been delivered by the Government’s own count and “as of today, only one more recommendation has been delivered. Namely, the receipt of the Constitutional Review Commission Report, which of course was not carried out by Government but by an independent review body”.
He recalled that in April last year, he published a letter from the then United Kingdom Minister for the Overseas Territories, Lord Goldsmith who “said if the necessary reforms have taken root no later than May 2024, this should allow the Order in Council to be lifted.
“I do not now foresee that reforms will have taken root at that point, and it is clear that more time will be required. I have accordingly suggested in my Quarterly Review that an extension to the end of November 2024 would be appropriate.
“While I believe an extension is necessary, additional time alone will not be enough. The initial deadlines were agreed by BVI Government. Some (not all) of the deadlines were tight and the Government asked for extensions on two occasions, last January and again in September. Those extensions were accepted by the UK. But even these are still being consistently missed.”
Rankin said in addition to a deadline extension to the end of November, there is clearly a need for some further step or steps to drive forward implementation of the COI recommendations.
“I am not recommending triggering of the Order in Council in order to establish an interim administration led by the Governor. But I have come to the conclusion that additional powers for the Governor are required to help ensure that the BVI Government delivers its commitments.”
He said he would be writing to the UK Minister “with a recommendation to that effect,” adding that “I know that implementation of some of the recommendations isn’t easy.
“Indeed I have faced challenges in delivering a couple of the recommendations for which I am responsible,” he said, citing as an example the Vetting Project, to conduct checks to ensure that all law enforcement officers are suitable for their roles.
“When we realised matters weren’t moving quickly enough, my team and I stepped in to provide greater oversight, with additional time and resources devoted to the project. In particular, we successfully pushed for and got a full-time project manager, who has helped to bring this work back on track.
“Similarly, we’ve ensured that the Law Enforcement Review is now fully underway, with an expert team now in place who have made two intensive visits to the Territory, supported by one million dollars funding from the UK Government. I expect to receive their report by the end of March.”
Rankin said that there is a need for similar interventions when other recommendations are lagging behind.
He is warning that “without such reforms, the better governance which the people of the BVI need and deserve will not be achieved and the issues which the COI identified could more easily return.
“I want the BVI to succeed. It is precisely for that reason that I believe that simply proposing another extension in deadlines is insufficient and that additional steps are required. The potential of these beautiful Virgin Islands is there for all to see and I want to see that potential wholly fulfilled,” Rankin added.
But in their statement, the OECS leaders said they have noted “that much work remains to be done in the process for the reforms as recommended by the Commission of Inquiry and called on the United Kingdom to provide the Government of the British Virgin Islands with any required technical assistance to support the process”.
They have also “noted with deep concern that efforts to bypass the elected Government of the BVI demonstrate a flagrant disrespect for fundamental principles of democracy which aim essentially to preserve and promote the dignity and rights of the individual, respect the will of the majority, foster economic and social development, strengthen cohesion of society and to maintain/enhance national tranquillity”.
The sub-regional leaders have also “noted the further concern that the Governor’s request for additional powers is undemocratic, and unwarranted,” adding that “such powers could only serve as a deterrent in the ongoing reforms process and would jeopardise the progress that has been achieved; and undermine the democratically elected government of the BVI.”
They have concurred with the views expressed by the Government and people of the BVI, that granting additional powers to the Governor is a “Colonial Act” and one which has no place in modern democratic governance in the OECS region.
The leaders have “reiterated that the historical responsibility for strengthening governance in the BVI must rest on the shoulders of the elected representatives and the people of the BVI,” and that “ultimately will be the guarantee of good governance, and full and transparent accountability; and that the inalienable right of the people of the British Virgin Islands to self-determination, as enshrined in the United Nations Charter, must be preserved.”
In their statement, the OECS leaders “reiterated further that a decision to grant the Governor this request would contravene the democratic principles and objectives of the United Nations Charter, the Universal Declaration of Human Rights and the International Convention on Civil and Political Rights – Declarations and Conventions to which the United Kingdom is Party;
Endorsed the UN resolution on the Question of the British Virgin Islands adopted by the 78th General Assembly”.
They said that the resolution “expresses deep concern that the United Kingdom is holding an Order in Council in reserve that can suspend the islands’ constitution and calls for the democratic and human rights of the people of the British Virgin Islands to be respected, including their rights to self-govern UK government “continues to work constructively and collaboratively with the democratically elected Government of the BVI to support completion of the ongoing reforms process”.
They “strongly” urge that London refrains from granting the undemocratic powers requested by the Governor.
“This act will hinder democracy in the BVI and destroy existing trust between the Government and people of the BVI and the United Kingdom,” they said, reaffirming the “OECS’ willingness to provide technical and other support to the BVI (as an Associate Member of the Organisation) in its governance reforms process.”
