For nearly a decade, Virgin Islands leaders have repeatedly pledged to establish a Human Rights Commission tasked with safeguarding the individual liberties guaranteed by the 2007 Constitution.

But a related law tabled in 2014 dropped out of sight without explanation, and now it appears that leaders are no closer to honouring their promise.

“A formal decision has not been made regarding the establishment of a standalone department for Human Rights Commission,” David Archer, permanent secretary in the Deputy Governor’s Office, wrote in an e-mail. “Matters relating to human rights as established in the Constitution can be addressed to the Deputy Governor’s Office.”

The Beacon received Mr. Archer’s message after several weeks of inquiring to the DGO, and the PS did not provide further information or agree to an interview request.

Falling behind

The territory’s lack of an HRC sets it behind several other Caribbean jurisdictions that have established a body with similar functions, according to Elton Georges, a former deputy governor who has long advocated for the HRC’s establishment.  

“I think we are lacking on that part of civil society in the BVI as a whole,” said Mr Georges, who served as complaints commissioner until last year. “We have very few public watchdog groups. … I think it is of great importance that people are educated, and I would see that as the premier objective of the HRC: to educate people as widely as possible about human rights and why they are important.”

History

The 2007 Constitution allows for the establishment of an HRC to investigate individual complaints about human rights infringements and work towards reconciliation of those complaints.

As described, the commission would also be charged with informing the public of their constitutionally guaranteed rights and dispensing advice on human rights-related procedures and policy.

Since the Constitution was passed, however, talk about the HRC has been met with inconsistent action.

In Speeches from the Throne, government promised to introduce HRC legislation in 2008, 2010, 2011, 2012 and 2013.

Also, every year since 2009, about $100,000 has been allocated for the commission’s establishment. Budget documents indicate that this money was never spent, however.

In December 2009, Government Information Services announced that the Attorney General’s Chambers was scheduled to start public consultations on draft HRC legislation, envisioning a “Human Rights Act of 2010.” Public meetings on the draft began the next month. 

In April 2014, an HRC bill was introduced to the House of Assembly. In addition to the responsibilities mentioned above, the bill required the commission to serve as a watchdog to counter human rights abuses and to report violations to the attorney general.

It also proposed that the body would be composed of five commissioners: two nominated by the governor, one nominated by the premier, one nominated by the opposition leader, and a legal practitioner nominated by the chief justice.

However, the bill was dropped from subsequent HOA agendas without explanation. Government Communications Director Arliene Penn did not respond to requests for comment on the status of the law, and attempts to reach Premier Dr. Orlando Smith were unsuccessful.

Recommendation

In the 2013 Complaints Commission Report, then-commissioner Mr. Georges recommended that legislators vest the power of the HRC into his agency, a measure he said would save money and streamline resources. Other countries have used that solution, he added.

But no such efforts have been made and no feedback was given to that suggestion, however.

“We make certain recommendations and the responsible individuals don’t react,” Mr. Georges said. “It’s as though they’re not interested in the subject.”

Sheila Brathwaite, the current complaints commissioner, said she would be fine with Mr. Georges’ suggestion. The commission recommended that government establish the HRC asrecently as last November, but has seen no progress on it, she explained.

Benefits

While the HRC would have no power to lay penalties for rights violations, many think it would benefit the public through education and advocacy.

In addition to investigating complaints and informing the public, the commission could also influence public policy and be consulted for rights-related legislation, Mr. Georges said.

“It’s important to know about these issues,” he said in 2014, discussing the HRC. “A vision I have is a much better-informed public about the requirements of living together in a society.”

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