Public questions power of Human Rights Commission
Some members of the public have expressed concern that the Human Rights Commission Bill 2025 does not grant the Commission sufficient authority to effectively carry out its duties.
A key concern raised during public consultations is that the Commission appears to lack real enforcement power.
During a public consultation held in Tortola on March 16 at Maria’s By the Sea, one participant questioned, “What teeth does this Bill have, besides just accepting complaints, publicising and making a fuss?”
“In the Virgin Islands, we are at a stage where you can make as much noise as you want, your human rights can be violated, but if the powers that be ignore you, then you’re still violated,” he continued.
“So besides bringing attention to a particular issue, investigating, or even determining at the Commission level that something is wrong, what power does it have to not just facilitate change but to make change?” he concluded.
Security and Justice Policy Advisor for the Deputy Governor’s Office, Alva Agard, acknowledged that this concern has been raised before.
“This is the second question we have gotten in regards to this, requesting that we give a bit more room to hold people accountable,” Agard stated.
Acting Communications Officer for the Governor’s Group, Eusa Adams, told BVI News that the matter is being reviewed. However, he noted that since the Commission is not a law enforcement body, its authority has limitations.
“We have to see what’s possible because it’s not a law enforcement body per se, so there are limitations on the power it is being given. We might be looking at things like fines and making recommendations for investigations,” he explained.
According to the Bill, the Commission is empowered to investigate complaints, issue guidelines, and advocate for human rights awareness and compliance.
Agard highlighted that the Commission has the authority to subpoena individuals under investigation, and compliance is mandatory.
The Commission also has the power to impose fines for contempt of any subpoena or order, and individuals who fail to comply with an investigation could be held in contempt of court.
The proposed Bill aims to establish an independent body responsible for investigating complaints related to human rights violations in the Virgin Islands.
The Commission’s mandate includes receiving and investigating complaints about acts or practices that may be inconsistent with or contrary to any human right established under Chapter 2 of The Virgin Islands Constitution Order, 2007.
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If the concern was raised before why was it not addressed and fixed? THE PROCRASTINATION HERE IS DEAFENING
The TRC has no teeth and that’s been know for all the 20ish years since it’s organization. The teeth in their organization rests with the Minister of Communications and Works. The Registry of Interests is also mandatory. The COI made it completely clear how many did not comply. The majority of the non compliant were the actual writers of that law, and those who voted for it. So much for mandatory. Then there is the Complaints Commission. Another organization where the government pays salaries, rent, etc. and complaints may be investigated but we’ve heard a lot about the officials who totally ignore letters from the Complaints Commissioner. So what will be the difference where human rights, which are being ignored daily, are concerned?
VI not going to want anything that enforces rules and laws.
We wonder why we have so many laws as they so rarely enforced and then not equally.