Why BVI’s constitution is behind other Overseas Territories

Premier Dr Natalio Wheatley has compared the constitutional progress of the Virgin Islands with that of other Caribbean overseas territories, saying the BVI remains behind because it has not received the type of pre-independence constitutional arrangements granted elsewhere in the region.

Speaking after a panel at the Overseas Territories (OT) Conference in London, Dr Wheatley said the discussions highlighted significant differences between the territories’ political development. He noted that Bermuda’s constitutional advancement reflects a unique history that other territories, including the BVI, did not share.

“When all the other independent countries were about to go for independence, they got pre-independence constitutions… Bermuda opted not to go for full independence as many other territories did. And of course they’ve been having that pre-independence constitution for many decades,” he explained.

According to Dr Wheatley, Bermuda’s constitutional framework places it ahead of territories currently negotiating reforms. “So their constitution is a bit more advanced,” he stated.

The BVI has been preparing for another round of constitutional negotiations following recommendations from the Commission of Inquiry and a recent Constitutional Review Commission. Other OTs such as Anguilla and the Turks and Caicos Islands have also undertaken modernisation efforts, with the latter recently securing amendments to its constitution.

Dr Wheatley said several Caribbean OTs are in a similar phase.

“Turks and Caicos just got an amended constitution… Anguilla and BVI are going for an amended constitution,” he explained. He added that Bermuda has been supportive of these efforts, noting, “I do like the fact that Bermuda is very supportive of their overseas territories brothers and sisters, in advancing their constitution”.

The Premier also welcomed comments from UK Minister Stephen Doughty, who he said acknowledged that Bermuda’s constitutional model “is not off the table” for other territories considering reforms.

Dr Wheatley said the BVI continues to engage the United Kingdom on constitutional matters while also addressing broader governance issues. Earlier bilateral talks with the UK government included discussion of financial management rules and security matters. “We started the day with our bilateral meeting… discussing things which are very important to the BVI such as… our constitutional reforms,” he stated.

The Premier said the OT Conference offered territories an opportunity to share experiences in democracy and governance. He added that while approaches differ, all territories aim to strengthen democratic institutions.