British Virgin Islands

Monday, Jan 18, 2021

Premier Fahie flags concerns about 'Constitutional Relationship' @ JMC

Premier Fahie flags concerns about 'Constitutional Relationship' @ JMC

Premier and Minister of Finance Honourable Andrew A. Fahie raised concerns during the Overseas Territories Joint Minister Council (JMC) meeting regarding language of the communiqué relating to a section on the Constitutional Relationship.

Premier Fahie led a delegation to the annual Overseas Territories Joint Ministerial held virtually from November 23 to 26, 2020.

‘VI’s position remains unchanged’- Hon Fahie


According to Government Information Services (GIS), in a press release on November 26, 2020, in making his final intervention during the JMC, Premier Fahie said the following:

“I am aware that the OTs (Overseas Territories) and Foreign and Commonwealth and Development Office (FCDO) officials have been working tirelessly to reach joint agreement on this year's communiqué. We agree that the language needs enhancement to reflect our agreement of policy or intention. My Government had envisioned in good faith that outlining shared principles, managing competing interests and building consensus would ensure continued cooperation. Yet, despite the hard work of officials on all sides, we have been unable to reach agreement.

Throughout this process, my Government has provided workable alternatives in the hope of achieving mutually agreeable positions.

The BVI’s position remains unchanged, we cannot agree with the current language of the communique relating to the Constitutional Relationship. BVI would like to openly declare a reserved position regarding the Constitutional Relationship language. Our submissions to amend the wording in this area of the communique were based on the UK commitments to OTs as outlined in the White Paper of 2012 and in Article 73 of the United Nations Charter.


The Government of the Virgin Islands is of the view that the constitutional relationship between the Overseas Territories and the United Kingdom must be allowed to evolve as the territories mature.

‘Relationship between UK & OTs must be allowed to evolve’


My Government is of the view that the constitutional relationship between the OTs and the UK must be allowed to evolve as the territories mature. Each OT has changed their constitutional relationship with the UK based on their needs and circumstance over the past decades. Thus, illustrating that each territory's constitution as a living document.

The UK being a signatory to the UN Charter, specifically article 73, commits the UK to help territories whose people have not yet attained a full measure of self-government; to work with us to develop the political aspirations of the people of the Territory. The Virgin Islands encourages constructive and productive engagement whereby the UK listens, responds, and actively works with territories to find practicable solutions in order to advance the will of the people.

These are very uncertain times and I hope that the people and Governments of the UK and OTs will successfully get through the COVID-19 crisis and handle any fallout from Brexit. The BVI will certainly be helpful where possible.”

According to GIS, Premier said that even though the constitutional relationship section was in the end removed, all OTs did not agree that the entire section should be removed as the UK was not supportive of a reservation being entered on any aspect of the Communique.

The annual Overseas Territories Joint Ministerial Council meeting brings together political leaders from the Overseas Territories and UK ministers and is the principal forum for reviewing and implementing strategies for promoting the security and good governance of the OTs and their economic and social development.

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