The Commission of Inquiry into corruption allegations in the British Virgin Islands has recommended the temporary suspension of the island’s constitution and the transfer of power to the UK-appointed governor for an initial two years.
British Virgin Islands Governor John Rankin made the announcement as he released the report, produced by Commissioner Sir Gary Hickinbottom, Friday morning in a televised media conference.
However, he said no decision has been made on the recommendations, and UK Overseas Territories Minister Amanda Milling will arrive in BVI next week to discuss the report’s findings and recommendations with him and local government officials.
The commissioner, Rankin said, recommended “the dissolution of the House of Assembly and cessation of ministerial government for an initial period of two years”.
During that period, he said, the commissioner recommended a governor-led administration be installed, with assistance to the governor as he considers appropriate, such as an advisory committee.
The damning report comes one day after the Islands’ Premier Andrew Fahie was arrested at a Miami airport on drug smuggling and money-laundering charges.
Fahie is set to appear in a South Florida Court Friday, along with BVI Port Managing Director Oleanvine Maynard and her son Kadeem, all of whom were arrested at the Opa Locka Executive Airport following a six-month sting operation.
Rankin declined to comment on the investigation or the arrests.
Should next week’s discussions result in UK direct rule, it will be the second time in recent years a territory was stripped of its autonomy.
In 2009, the UK imposed direct rule on the Turks and Caicos Islands after an inquiry found evidence of government corruption and incompetence.
The BBC reported at the time that the TCI administration was suspended for up to two years and power transferred to the UK-appointed governor after politicians were accused of selling crown land for personal gain.
Commissioner finds rampant corruption
Rankin, who said he has no prior knowledge of the US investigation, stated it was in light of those arrests that he decided to release the report.
The Commission of Inquiry was established on 19 Jan. 2021 to look into whether corruption, abuse of office or other serious dishonesty may have taken place amongst public, elected and statutory officials in recent years; and to make appropriate recommendations as to governance and the operation of the law enforcement and justice systems in the BVI.
Rankin said the commissioner concluded that the elected government and successive administrations have sought to avoid good governance.
“He (the commissioner) concludes that it’s highly likely that serious dishonesty may have taken place across a broad range of government, and that there is information that a substantial number of elected officials may be involved,” he said.
Though the inquiry did not conduct an in-depth investigation of BVI HM Customs, Rankin said the report noted serious concerns expressed by a number of individuals about its operations.
“The commissioner concludes that in both HM Customs and the Immigration department, but particularly in Customs, there is an environment conducive to corruption. He recommends independent vetting of all customs and immigration officers, and the officers appointed by the police commissioner investigate possible corruption in customs,” he said.
In his report, Hickinbottom slammed BVI’s successive local leaders.
“The commissioner concludes that with limited exceptions, governance in areas under the control of government ministers is, at best, very poor, with principles such as openness and transparency not simply absent, but positively shut. Proper procedures, checks and balances are absent or patently inadequate or ignored or bypassed. He states that the evidence in this regard is overwhelming and extends to almost all areas of government,” Rankin said.
The commissioner, he said, made 45 specific recommendations, but also urged further criminal investigations and possible prosecutions.
However, he added, Hickinbottom issued four overarching recommendations.
The first being that unless “urgent” and “drastic action” the current situation “with elected officials deliberately ignoring the tenets of good governance will go on indefinitely”.
“The people of the BVI deserve better and the UK government owes them an obligation to protect them from such abuses and assist them to achieve their aspirations for self-government as a modern democratic state,” Rankin said the commissioner stated.
Hickinbottom noted that good governance measures, such as a Whistleblower Act and the Integrity in Public Life Act, neither of which are yet in force, “to a large extent have been reactive to the work of the Commission of Inquiry”.
Rankin quoted the commissioner as saying, “[it is] my very firm view that people of the BVI have no confidence, as things currently stand, that these recent measures will be pursued and implemented effectively”.
Hickinbottom recommended a curtailment of the open-ended discretionary powers held by public officials, including Cabinet, as well as a series of audits and investigations “which may give rise in due course, to further steps, including in relation to criminal investigations”.
Meanwhile, BVI Deputy Governor David Archer issued a statement to all public officers saying that as this situation unfolds, “we must remain focused on the business of the Territory and committed to the work of the Public Service”.
He said he was working closely with the governor, the acting premier and permanent secretaries “to ensure that there is no disruption to the continuity of the Public Service”.
Archer said he would call an extraordinary meeting of the public service on Monday, 2 May.
BVI leadership object to direct rule
Acting Premier Natalio D. Wheatley, in a televised address, has rejected any partial or full suspension of the BVI Constitution.
“What I believe is in the best interest of the people of the Virgin Islands, is an enhanced cooperation mechanism of framework between the governor and the government to swiftly implement recommendations under a very tight timetable without resorting to direct rule. These arrangements can be extended every 12 months until satisfactory progress is made,” he said.
Wheatley believes other options are open to the UK and governor to address the concerns outlined by Hickinbottom.
“The report makes a number of recommendations aimed at reforming and strengthening the systems of government in the Virgin Islands. In my view, these can be achieved without the partial or full suspension of the Constitution, in which direct rule would apply. The report’s recommended reforms and also actions for the governor to take up are not mutually exclusive or contradictory to maintaining democratic governance in the territory,” he said.
Wheatley pointed to the report’s recommendation for investigation and supported action.
“In terms of those recommendations, that call for investigations into the various serious matters highlighted in the report, which spanned successive administrations, my ministerial colleagues and I fully respect that security is a constitutional responsibility of the governor, which requires action on his part across sectors and institutions. The governor has an obligation to carry out the duties of his office to maintain the security of the territory and the redressing of any wrongdoing that has been found to have taken place, especially in the public sector,” he said.
Wheatley said his political colleagues still fully support the proposal for UK-BVI talks on the findings and recommendations of the report including the participation of the political parties represented in the House of Assembly, UK ministers and the governor himself.
“This format ensures the democratic representation of the people of the Virgin Islands in dialogue on the UK BVI response to the report,” he added.
He said he remained committed to the BVI-UK partnership which has been making good progress.
“The goodwill between the BVI and UK should continue to be nurtured and not eroded by the removal of democratic governance which has been enjoyed in these islands since 1950,” he added.
He urged the citizens to read the report objectively in terms of strengthening local systems of government and the democratic framework of governance, “as opposed to draconian measures that would set back the historical constitutional progress we have made as a people”.
He noted that there may be concerns within the community in light of the announcement Friday morning; however, he issued words of encouragement.
“This is a time to come together as a community. We must stay hopeful, because before us is an opportunity to enter into a new era of democratic governance and modern partnership,” he added.
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