In a bid to enhance transparency and accountability within the British Virgin Islands, the Constitutional Review Commission has put forward crucial recommendations, urging the implementation of freedom of information provisions through dedicated legislation.
The Commission in its recently published report noted that the issue relating to the absence of freedom of information legislation was underscored by the Commonwealth Parliamentary Association (CPA) in its report following the territory’s 2023 General Elections, prompting the Commission to address this critical gap. It further revealed that during public consultations, the implementation of freedom of information provisions emerged as a key strategy to bolster transparency within the governance structure.
The recommendations include enacting Freedom of Information legislation, building on the government’s continued commitment; establishing the freedom-of-information regime under the Cabinet Office; and amending the Constitution to include a specific right for individuals to access information generated by state organs and entities, aligning with legislation.
This proposed language suggests that subject to the Constitution, a law should provide for the right of access to information held by the public service or public authorities. It outlines conditions, restrictions, and exceptions in the interests of international relations, the security of the Virgin Islands or the United Kingdom, public safety, public order, public morality, or the rights and interests of individuals.
To support the recommendations, the Commission highlighted that various international conventions and instruments, including the International Covenant on Civil and Political Rights (ICCPR) 1966 and the Universal Declaration of Human Rights 1948, recognize the right of individuals to access information.
The Commission further noted recommendation 7 from the OECD Council on Open Government which emphasizes the need for open government strategies promoting transparency, integrity, accountability, and stakeholder participation. It encourages the proactive release of public sector data and information in a clear, complete, timely, reliable, and relevant manner.
In August 2022, Premier Dr. the Honourable Natalio Wheatley assured residents that his government was committed to enacting Freedom of Information legislation the BVI. However, at the time of his assurance, Premier Wheatley noted that the implementation of the Commission of Inquiry (COI) Recommendations took priority.