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by pltm
(PLTM) - The legal fraternity has joined in the debate of possible self determination or independence for the BVI, calling for constitutional advancement, short of independence.
As the time draws closer for the next round of constitutional reform discussions between the BVI government and the United Kingdom (UK), Mr. Gerard Farara QC, took the lead yesterday, September 20, calling for the Territory to no longer be slaves to the Westminster model constitution, and the need to carve out a 21st century system of governance.
"In recent times, we have begun to hear the drumbeat of constitutional review and further advancement. It is being sounded by politicians on both sides of the aisle and by some social commentators. It is not a steady drumbeat by no means. I guess the end of the 10 year period, the normal rule of thumb is approaching, since the existing constitution was brought into force by order in council of Her Majesty the Queen on 13th June 2007," he said at the opening of the new law year.
He noted that there is even talk in some quarters about independence or preparing for the inevitable, for becoming an independent country.
"I suspect that in the coming months, some will continue to beat that drum. Certainly, at this stage of our development, it is accurate to say that there is no discernible ground swell for taking this Territory to independence, whatever that expression means in the context and realities of a modern world fueled by globalisation, and with it the surrender of some elements of real sovereignty," he said.
Farara QC expressed that in the BVI, they ought to take the lead in carving out a new model constitution for the Overseas Territories, a new constitutional construct; one that is better suited to governance of a small territory with a small population and scarce human and natural resources.
"One that seeks to better engage and utilize our human capital, be it in the public or private sector. One where greater participation and representation at all levels of governance can be fostered, enhanced and made more meaningful and effective," he said.
"To achieve this, we must first and foremost strengthen our democracy by strengthening our democratic institutions, our oversight functions, our checks and balances. Greater transparency and accountability must not just be buzz words spewed when it suits our purpose, but must become the new reality, the new norm."
Farara QC, indicated that, "We must no longer be slaves to Westminster model of a constitution. We need to carve out the 21st century system of governance, one which not only allows for greater participation and decision making by our elected representatives in all matters and at all levels, but which further empowers and protects those who are being governed."
He said that it must provide for far greater access to information and documents, in a timely manner, relative to the functioning and decision-making of government, at both the legislative and executive branches.
"My Lords, what we have is understandably an imperfect democracy, as is all democracies. But this must not be used as an excuse for accepting the current normal or the current constitutional model," he indicated.
The other senior lawyers who spoke after Farara QC said that they endorsed his statements.
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