The United Nations at the 77th session of the General Assembly in New York has restated it is deeply concerned that the United Kingdom is holding an Order in Council in reserve to impose direct rule on the people of the British Virgin Islands at its discretion. On 12th December 2022, the General Assembly adopted a resolution on the Question of the British Virgin Islands contained in the 2022 Report on the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. Among other things, the resolutions states:
“Taking note of the agreement of the administering Power to the proposal by the territorial Government of National Unity on the implementation of the recommendations of the Commission of Inquiry without the need for a temporary partial suspension of the Constitution,
Expressing concern that the administering Power put an Order in Council on hold to partially suspend the Constitution if the Government of the United Kingdom assesses that the implementation of the recommendations does not proceed satisfactorily,
Recalling relevant resolutions adopted by the General Assembly in connection
with the COVID-19 pandemic,
- Reaffirms the inalienable right of the people of the British Virgin Islands to self-determination, in conformity with the Charter of the United Nations and with General Assembly resolution 1514 (XV), containing the Declaration on the Granting of Independence to Colonial Countries and Peoples;
- Also reaffirms that, in the process of decolonization of the British Virgin Islands, there is no alternative to the principle of self-determination, which is also a fundamental human right, as recognized under the relevant human rights conventions;
- Further reaffirms that it is ultimately for the people of the British Virgin Islands to determine freely their future political status in accordance with the relevant provisions of the Charter, the Declaration and the relevant resolutions of the General Assembly, and in that connection calls upon the administering Power, in cooperation with the territorial Government and appropriate bodies of the United Nations system, to develop political education programmes for the Territory in order to foster an awareness among the people of their right to self-determination in conformity with the legitimate political status options, based on the principles clearly defined in Assembly resolution 1541 (XV) and other relevant resolutions and decisions;
- Recalls the 2007 Constitution of the British Virgin Islands, and stresses the importance of continued discussions on constitutional matters, to accord greater responsibility to the territorial Government for the effective implementation of the Constitution and increased levels of education relating to constitutional matters;
- Calls for full respect of the Constitution and the mutual agreement with respect to the recommendations of the report of the Commission of Inquiry, and calls upon all parties involved to maintain dialogue and work in partnership in the interest of the people of the Territory;
- Stresses the need for continued close monitoring by the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples of the situation in the Territory, including the dispatch of a visiting mission, in close consultation with the administering Power and the territorial Government;
- Requests the administering Power to assist the Territory by facilitating its work concerning public educational outreach efforts, consistent with Article 73 b of the Charter, and in that regard calls upon the relevant United Nations organizations to provide assistance to the Territory, if requested;
- Welcomes the active participation of the Territory in the work of the Economic Commission for Latin America and the Caribbean;
- Stresses that the Territory should continue to participate in the activities of the Special Committee, including regional seminars, in order to provide the Committee with up-to-date information regarding the decolonization process;
- Also stresses the importance of the Special Committee being apprised of the views and wishes of the people of the British Virgin Islands and enhancing its understanding of their conditions, including the nature and scope of the existing political and constitutional arrangements between the British Virgin Islands and the administering Power;
- Calls upon the administering Power to participate in and cooperate fully with the work of the Special Committee in order to implement the provisions of Article 73 e of the Charter and the Declaration and in order to advise the Committee on the implementation of the provisions under Article 73 b of the Charter on efforts to promote self-government in the British Virgin Islands, and encourages the administering Power to facilitate visiting and special missions to the Territory;
- Also calls upon the administering Power to facilitate a visiting mission to the Territory, and requests the Chair of the Special Committee to take all the steps necessary to that end;”
Both the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS) have called on the United Kingdom to withdraw the Order in Council without delay.
Photo caption: UN General Assembly