Be careful! Constitutional upgrades can be costly
As residents continue to advocate for changes they’d like to see in the next version of the BVI’s constitution, they are being reminded that the government can be sued for breaching measures enshrined in that document.
“The more things you put in the constitution, the more you are opening up the government to possible action being taken that things are unconstitutional, so there is a financial implication when you do those things,” Chairperson of the Constitutional Review Commission (CRC) Lisa Penn-Lettsome said recently.
Lawsuits against the government for breaches of constitutional rights can be quite costly. These kinds of lawsuits are common in democracies around the world and have been filed against the BVI government.
In 2018, it was revealed that the BVI government had paid in excess of $23 million in lawsuits and settlement claims in the last seven years.
Some notable cases included a 2018 lawsuit where the government was made to pay $67,730 in legal costs, $46,000 in damages, and $105,982 in legal fees for Rod Scatliffe who successfully brought a lawsuit against the state-owned Taxi & Livery Commission.
Neil St Rose also sued the police department in 2018 for $38,937.50 (inclusive of legal costs) for ‘false imprisonment’.
In a 2012 high court lawsuit, Ocean Conversion walked away with massive $7,115,205 in a matter against the Office of the Attorney General.
In 2015, EM Watts Development Company Limited, in its case against the government, won $3,304,324.
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This article is incomplete – and partially misleading. You can’t include figures paid out in relation to lawsuits without mentioning what the payments were for. For e.g. the monies paid to Ocean Conversion were for breach of contract by the government and had nothing to do with the constitution. Also, rarely if ever people who bring constitutional claims are seeking money as opposed to recognition and respect for their rights.
The authentic local is now a minority in his own land. He is also highly persecuted on many levels, daily, through media, the work place, employment, salaries and other..
It is therefore imperative that the folks charged with revising the constitution be not afraid to secure within it the Rights, Freedoms, Privilidges, Protections and others for the authentic local population/people..
They were here when there were no tourist or tourist board or department; there were here when there was no FSC, they were here when there was nothing but potential. They proceeded to develop that potential to where it is today.. Then came the investors.. Research the history..
Hence, do not constitutionalate or legislate the authentic BVIslander out of power and existance. He must be the main focus of any reform or improvement thereof..
The/his lands must remain affordable, available and protected for him and his offspring for generations and into perpituity. His right to earn a decent, fair and appropriate wage and salary must also be compulsory.
Last, the right to be free from racial and or ethnic or any type of discrimination based of his African ancestry or skin color.
We must create a document that is stronger than that of all the OT’s combined.
Protect the authentic local by all means!!
Maybe while we’re working on a new constitution, we might try LEGAL enforcement and application of the current doc.
OC. Was just the “money for buddies” merry go round. I am sure plenty people would like to get that enshrined in the Constitution. It feels like it already is.
The authentic local is now a minority in his own land. He is also highly persecuted on many levels, daily, through media, the work place, employment, salaries and other..
It is therefore imperative that the folks charged with revising the constitution be not afraid to secure within it the Rights, Freedoms, Privileges, Protections and others for the authentic local population/people..
They were here when there were no tourist or tourist board or department; there were here when there was no FSC, they were here when there was nothing but potential. They proceeded to develop that potential to where it is today.. Then came the investors.. Research the history..
Hence, do not constitutionalize or legislate the authentic VIslander out of power and existence. He must be the main focus of any reform or improvement thereof..
The/his lands must remain affordable, available and protected for him and his offspring for generations and into perpituity. His right to earn a decent, fair and appropriate wage and salary must also be compulsory.
Last, the right to be free from racial and or ethnic or any type of discrimination based of his African ancestry or skin color.
We must create a document that is stronger than that of all the OT’s combined.
Protect the authentic local by all means!!
She is talking to much
How can , an authentic local be protected from another authentic local •¿• ? ? ?
Meh son, that is what is referred to as an in house issue, and for us, it is a very, very big one, but we must address and solve it..
Indeed, our major problem moving forward and upward is us, no doubt..
Square peg in round hole
THIS PROCESS IS UNDEMOCRATIC!
Then why have a referendum if the we automatically see changes as costly.