Warmest Greetings to you the Esteemed Representatives of the People of the Virgin Islands. I am pleased that the Committee of Government Operations and Consumer Affairs invited me to give my modest input on this historic bill. Senator Carla Joseph, I thank you for holding this Meeting and inviting me. Senator Janelle Sarauw, today I praise you for sponsoring this proposed Sixth Constitution Convention in Bill 34-0153.
I would like to address three aspects of the bill. First, the context of the very proposal. Second, the strengths or positives of the proposed bill. Third, my humble, friendly amendments that are based on objective reality and experience. So, why are we today discussing a constitution? What is a constitution? Can’t we live with our existing Revised Organic Act of 1954 (Amended) and simply go to Congress or the Federal Courts to make modifications to this very Organic Act?
Let us agree to a few basic facts. A constitution is a political framework of government. In the US tradition, it is a written framework that the People craft and ratify. At least 35 states were once territories that had organic acts which served as the temporary or transitional constitutions that were replaced by state constitutions.
By every modern standard of political development, the creation of a written constitution that places increasing responsibility, accountability, and power in the hands of the People or as some say - the masses - by definition is inherently progressive and in a way decolonizing. In the new millennium or today, every United Nations Committee that reviews political development and insists on decolonization, measure the path a non-self-governing territory or colony or dependent area has moved forward in the path of self-government, economic development, human development, cultural advancement, and every attribute of modern life. The quest for a USVI constitution must be seen as part and parcel of the necessary growth of our People, our society, and our aspirations. We, the People of the Virgin Islands, are not new to this aspiration for political development.
In 1936, after the heroic struggles of the founding fathers and mothers of our current system, the first democratic framework was established. But it was not foolproof; there was an immediate demand to revise it, to eliminate the English-language requirement, unify the political system, and give more economic power to the local government.
The Revised Organic Act of 1954 eliminated the English language requirement, and this allowed Spanish speakers and French speakers the ability to participate in our novel democratic system. Our current unicameral system with its strengths and weaknesses emerged. Even moreso, we acquired more power to tax, collect excise taxes and craft legislation to garner investment. Within ten years of the passage of the Revised Organic of 1954, our farsighted leaders created the First Constitution Convention, which was literally called the Convention to Revise the Revise Organic Act of 1954.
In 1964, our honorable leaders sought to improve our political system even without any Congressional authorization and support. They did it again in 1971. At the same time, we had voted-in our first elected governor and had created an office for a national representative who became our Delegate to Congress.
These two early conventions that our People created without Congressional approval or support, set in motion reforms and amendments in our political system and political culture. By 1976, in response to the pressure of our People as well as efforts under way in our sister territory in Guam, the Federal Government passed HR 94-584.
However, the three subsequent Constitutional Conventions did not achieve completion. A few reforms emerged from the third and fourth Constitutional Conventions but the positive results of the fifth convention are elusive.
The constant feature of the last three conventions is that there are no major changes of the political system except perhaps the judicial branch. For example, if we view [Re] Apportionment to be a periodic review or change of electoral districts, it is not a major change. Where we have seen an impressive development from the third and fourth Conventions would be the Judiciary. Today, our Judicial branch is a state-like branch of government, but when the third and fourth conventions were in existence, there were mainly Municipal Courts that evolved into Superior Courts.
Bill 34-0153 is good. The prefatory clauses were insightful, and the overall spirit of the proposal is promising. Yet as a political scientist, I am trained to separate the “is” from the “ought to be”. A few weaknesses need to be remedied to avoid a failed process. I will list my concerns briefly.
The road that we have travelled is like our roads in St Thomas—they are winding, narrow at times, filled with potholes and detours into dirt roads. I urge you to avoid the potholes and dirt roads and stay on the smooth, straight highways. The adoption of the Revised Organic Act of 1954 (Amended) is the smooth highway.
Fellow Virgin Islanders I hope my input is reviewed and considered. After three decades in the trenches, educating the People on self-determination, political status, good governance, and constitutional development, I know that success is in our hands if we are wise and fair. I ask you the Committee of Government Operations and Consumer Affairs to consider my input to improve this bill to allow an overwhelming success. To our People, I end with the questions—
If not now, when? If not us, who?
Malik Sekou
