FAQ
Frequently
Asked
Questions
The Basics: What is a constitution and why does this matter?
What is a constitution and what does it actually do?
Think of the constitution as the rulebook for how a country governs itself. It sets out the rights every person has, the powers the government holds, the limits on those powers, and how decisions get made. In the Virgin Islands, the constitution is the reason you have the right to vote, the reason the police cannot detain you without cause, and the reason the Premier cannot simply do whatever he wants without accountability. You may not think about it day to day, but it is working in the background every single day of your life to preserve order in our society.
Why is the Virgin Islands reviewing its constitution right now?
The current constitution was written in 2007. At the time, it included a built-in expectation that it would be reviewed after a number of years. That review is now happening. The Constitutional Review Commission was established in 2022, spent over a year consulting residents across all our islands, and published 57 recommendations in November 2023. In January 2024, the report was laid before the House of Assembly. The House of Assembly then spent months reviewing each of those recommendations and agreed on a clear position in April 2026. The Territory is now preparing to take 27 proposed constitutional amendments to negotiations with the United Kingdom. This is the process working exactly as it was designed to.
Has the Virgin Islands reviewed its constitution before?
Yes, several times. The Virgin Islands has been building its constitutional framework since 1950, with updates in 1967, 1976, and most recently in 2007. Each review has expanded local democratic authority and given elected government more control over the Territory's affairs. This 2026 round is part of that same ongoing process. The Virgin Islands is not doing anything unusual. Every functioning democracy reviews and updates its constitution as society changes and grows.
What was the Constitutional Review Commission?
The Constitutional Review Commission, known as the CRC, was a body appointed in 2022 to take a careful look at the 2007 constitution and recommend what should be changed. The Commission held public consultations on all the main islands, received written submissions from residents, and engaged widely before publishing a 57-recommendation report. It was chaired by Lisa Penn-Lettsome. The Commission's job was to gather the public's voice and translate it into constitutional recommendations. Their work fed directly into the House of Assembly's deliberations.
Why does this matter to my daily life?
Because the constitution shapes the decisions that form your life in the Virgin Islands. Who manages policing in your community. Whether your elderly parent has legal protections written into the Territory's highest law. Whether your neighbourhood has a formal voice in local governance. Whether your children inherit your connection to these islands. These are not abstract political questions. The 27 amendments going to London touch all of these things directly. Visit the amendments section of this site and find the one that speaks to your life. There will be at least one.
What did the House of Assembly actually decide
The media said the House only accepted 16 of 57 recommendations. Is that true?
That is just part of the story, and the part it leaves out is significant. Here is the full picture. The House of Assembly reviewed all 57 recommendations from the CRC. 16 were accepted exactly as the CRC proposed. 19 were accepted with modifications, meaning the House agreed with the direction but adjusted the details. 22 were not accepted in their original form, but the House proposed alternative recommendations instead which has some recommendations being addressed via local legislation. The House also added 5 brand new constitutional matters of its own. The result is 27 proposed constitutional amendments going to London, plus concrete commitments to act on many other matters through legislation. Reporting only the number 16 is like saying a baker only used 16 of 57 ingredients and ignoring the fact that the other ingredients went into a different part of the same recipe.
What does 'accepted with modifications' mean?
It means the House agreed with what the CRC was trying to achieve but changed how it would be done. For example, the CRC recommended updating the preamble to the constitution. The House agreed, but refined the language to better reflect the Virgin Islands' voice and identity. The goal was the same. The execution was improved. Accepted with modifications is not a rejection. It is the legislature doing its job, reviewing expert recommendations and shaping them to fit the Territory's specific needs.
What does 'not accepted' mean? Does it mean those recommendations are gone forever?
Not accepted does not mean ignored. In every case where the House did not accept a CRC recommendation, it put forward an alternative recommendation instead. So the concern the CRC was responding to was still addressed, just differently. For example, the CRC recommended that Freedom of Information be included in the constitution. The House said no to that specific approach but committed to advancing FOI through legislation, which is actually the more flexible and practical route. The substance is still being acted on.
So what exactly is going to London?
27 proposed constitutional amendments, agreed unanimously by all 13 elected Members of the House of Assembly. Government members and Opposition members both. These 27 amendments cover identity and belonging, fundamental rights, the transfer of powers from the Governor to elected Government, democratic and governance reforms, and community-level changes. On top of that, a number of matters will be advanced through local legislation, which means the House of Assembly will design and pass those laws itself, without needing UK approval.
What does it mean when something is sent to legislation instead of the constitution?
It is important to understand this clearly because it has been misread as rejection. When the House directs something to legislation instead of the constitution, it means elected Virgin Islanders will write and pass that law themselves, in the House of Assembly, on their own timeline, tailored to this society. They do not need to ask the United Kingdom. They do not need to go through a constitutional amendment process. Legislation can also be changed more easily as circumstances change, which is often the right tool for the job. Sending something to legislation is not a lesser outcome. For many matters, it is the better one.
Questions about specific decisions
Why were term limits for the Premier not included?
The CRC recommended term limits. The House considered this carefully and decided against it. The reasoning was practical: in a small jurisdiction like the Virgin Islands, limiting who can serve as Premier can sometimes restrict the pool of experienced leadership at exactly the wrong moment. Members also noted that the existing system of accountability through elections, recall provisions, and parliamentary confidence already provides democratic checks on how long any individual holds office. The people of the Virgin Islands vote. That is the original term limit.
Why was Freedom of Information not put in the constitution?
The House agreed that Freedom of Information is important. The disagreement was about where it belongs. The CRC wanted it in the constitution. The House decided it is better placed in legislation. A constitutional provision is very hard to change once it is in. Legislation can be updated, refined, and adapted as the Territory's administrative capacity grows and as best practice evolves. The House committed to advancing FOI through legislation. That commitment stands.
Why is the election term being extended to five years?
The House agreed to extend the maximum period between general elections from four years to five. This aligns the Virgin Islands with most Westminster-style democracies, including the United Kingdom, Canada, and several Caribbean territories. The reasoning was that four-year cycles can mean governments spend a significant portion of their term in campaign mode rather than governing. A five-year cycle allows more time to implement policy and see results before an election. Importantly, this is the maximum interval. Elections can still be called earlier.
Why was the direct election of the Premier not accepted?
The CRC recommended that residents vote directly for the Premier rather than the current system where the Premier emerges from the party or grouping that wins the most seats. The House decided to keep the existing system. The concern was that a directly elected Premier can end up with a separate mandate from the House, leading to constitutional tension and gridlock. In a small legislature with 13 to 15 Members, that kind of separation can cause real governance problems. The House felt the current system, where the Premier holds the confidence of the House, keeps accountability cleaner.
What happened with the definition of marriage in the constitution?
The House accepted the CRC recommendation to amend Section 20 of the Constitution to state expressly that marriage in the Virgin Islands is between a man and a woman. This was a deliberate and clear decision. The amendment reflects the values of the community as expressed through the CRC consultation process and the House's deliberations.
What does removing Section 81 actually mean for residents?
This is one of the most significant changes going to London. Section 81 of the current constitution allows the Governor, acting on behalf of the Crown, to give effect to a Bill even if the House of Assembly has not passed it. In plain terms, it means the Governor can bypass your elected representatives in certain circumstances. The House agreed unanimously that this provision should be removed. Once it is gone, no law can take effect in the Virgin Islands without passing through the elected House. Your vote will mean more. Your elected representatives will have the final word.
What is an Ancestral Virgin Islander and why does it matter?
This is a new constitutional category that the House agreed to include. An Ancestral Virgin Islander refers to someone who can trace their roots to the Virgin Islands before 1860, before emancipation. This recognises the deep historical connection of families who have been part of these islands for generations, many of whom may no longer hold formal Belonger status because of how their families moved through the diaspora. It is an act of recognition and belonging. It says: we see you, we know where you come from, and this place is yours too.
What is 'Virgin Islands land' and why does the name change matter?
Currently, public land in the Territory is referred to as Crown land, a term that reflects colonial ownership. The House agreed to rename it 'Virgin Islands land' and to define it constitutionally as land held in trust for the people of the Virgin Islands. The name change matters because names carry meaning. Calling it Virgin Islands land says clearly that this land belongs to the people of these islands, not to a distant Crown. The constitutional definition adds a legal layer of protection for how that land can be used and managed.
The UK Negotiations
Who is on the negotiating team?
The Constitutional Negotiating Committee is led by Premier Dr Natalio D. Wheatley and includes Deputy Premier Hon Julian Fraser, Attorney General Dawn Smith, Leader of the Opposition Hon Marlon A. Penn, Lisa Penn-Lettsome who chaired the 2022 to 2023 Constitutional Review Commission, Gerard Farara KC who chaired the 2005 Constitutional Review Commission, and Sir Jeffrey Jowell KC, a UK-based constitutional lawyer from Blackstone Chambers with extensive experience in Overseas Territory constitutional negotiations. The team brings together elected Government, the Opposition, legal expertise, and the people who built the recommendations in the first place.
What actually happens in the negotiations?
The negotiations are a formal process between the Virgin Islands' Constitutional Negotiating Committee and a team from the UK Government. Both sides sit down, review the 27 proposed amendments, and work through which ones the UK is prepared to include in an Order in Council, which is the legal instrument used to amend the Virgin Islands constitution. The first round of talks is scheduled to take place here in the Virgin Islands in July 2026. A second round is planned for London in September. The goal is to have a finalised position by the end of 2026, with a Privy Council hearing in early 2027.
Can the UK simply say no to everything?
The UK also has obligations. As a member of the United Nations and a signatory to international human rights instruments, the UK has responsibilities toward the people of its Overseas Territories, including good governance, human rights protections, and respect for the legitimate aspirations of the people. The Virgin Islands' position is legally grounded, unified across party lines, and built on extensive public consultation. That is a strong foundation. The specifics of what gets negotiated at the table are not something the team will discuss publicly during the process - that is the nature of such negotiations. What can be said clearly is that the negotiating team will fight for every one of these 27 amendments.
What if the negotiations are not finished before the next election?
Constitutional reform of this kind belongs to the Virgin Islands, not to any one administration. The 27 amendments represent the agreed position of all 13 elected Members, Government and Opposition together. That mandate does not expire when an election is called. The timeline is clear and realistic: first round in July 2026, second round in London in September, finalised position by December 2026, Privy Council process in early 2027. The team is working to that timeline, and the work will continue regardless of political changes.
Is the VI heading toward independence?
These negotiations are about modernising the constitutional relationship between the Virgin Islands and the United Kingdom. They are about reducing the Governor's reserved powers, giving elected Government more authority over local affairs, and making sure the constitution reflects who Virgin Islanders are in 2026. That is not independence. It is constitutional advancement within the existing relationship. The question of independence, or any other change in political status, belongs to the people of the Virgin Islands. Amendment 13 in this package requires a mandatory referendum on the Territory's political future to be held by December 31, 2031. The negotiations happening now are the foundation for that vote, not that vote itself.
What is the 2031 referendum and what will people be deciding?
One of the 27 proposed amendments requires a mandatory referendum on the political future of the Virgin Islands to be held no later than December 31, 2031. If no change of status results from that vote, further referenda must be held at intervals of no more than eight years. A Decolonisation Commission will spend the years leading up to 2031 educating residents on their options, including what each possible political status actually means in practice. The people of the Virgin Islands will make this decision. Not the House. Not the Premier. Not the UK. The people.
Will these changes affect residents who are not Virgin Islanders?
The constitution governs everyone who lives in the Virgin Islands, regardless of status. Changes to how government works, how the courts are structured, how rights are protected, and how communities are governed affect every resident. Several amendments, including protections for elderly persons and persons with disabilities, the Attorney General reform, and the District Councils provision, are fully relevant to all residents. Some amendments specifically address Virgin Islander identity and ancestral connection. Those provisions are explained clearly in the amendments section of this site. This moment is for everyone who calls the Virgin Islands home.
Trust, your voice, and what comes next
Was the public actually consulted in this process?
Yes, genuinely. The Constitutional Review Commission held public consultations across all the main islands starting in late 2022. They held meetings on Tortola, Virgin Gorda, Anegada, and Jost Van Dyke. They received written submissions. They engaged community groups, faith leaders, young people, and business owners. Over a year of that work fed into the 57 recommendations. Then in 2025 and 2026, the House of Assembly deliberated on those recommendations over multiple sessions, and public community meetings have been held across the islands before the UK negotiations begin. If you participated in any of those forums, your voice is in this process. If you did not, the conversation is still open. This site exists to support just that.
Why is this taking so long? The CRC finished in 2023.
Constitutional reform is not something you rush. The CRC's report was the starting point, not the finish line. After that, the House of Assembly had to review each of the 57 recommendations one by one, deliberate carefully, and reach a position that all 13 elected Members could stand behind. That process ran from September 2025 through April 2026. A constitution that is produced quickly and then falls apart under scrutiny serves no one. What you are seeing now is the result of thorough work, and the pace from this point forward is clear and committed: community meetings, this campaign, UK negotiations in July, and a finalised position by end of 2026.
Why is Government spending resources on a communications campaign when there are other problems to fix?
The amendments going to London are connected directly to the problems residents talk about. Devolution of security means the people you elected are accountable for policing outcomes, not an appointed official. Constitutional protection for elderly residents and persons with disabilities is a real commitment to real people. District Councils give communities, including the sister islands, a formal voice in decisions that affect them. Beyond that, an informed public is not a luxury in a democracy. If residents do not understand what was agreed and why, the negotiations lack the public mandate they need. This campaign is part of the work, not a distraction from it.
Can I trust the Government to negotiate in our interests?
That trust has to be earned and demonstrated, not just claimed. Here is what is visible in this process: the Government went to every island, held community meetings, and built a position. Every elected Member, Government and Opposition, agreed on all 27 amendments. That kind of unity does not happen by accident. This website, these FAQs, the public meetings, and the updates throughout the negotiation period are all part of a commitment to keeping residents informed. You do not have to take anyone's word for it. Read the amendments. Ask your questions through the contact page. Hold the team to what they said. This is your role in our democracy, our Virgin Islands.
The Opposition agreed with the Government on this. But do they really support it?
All 13 elected Members of the House of Assembly reached a common position on all 27 proposed amendments. That is not a formality or a rubber stamp. It is the outcome of months of deliberation, where Government and Opposition Members sat together, worked through disagreements, and arrived at a joint position. The Leader of the Opposition, Hon Marlon A. Penn, along with Opposition Member, Hon Ronnie W. Skelton are also members of the Constitutional Negotiating Committee. That means the Opposition is not watching from the sidelines. They are at the negotiating table, representing the Virgin Islands as part of the same team.
I do not follow politics. Why should I care about this?
Because this is not really about politics. The constitution is the reason you have the rights you have today. It is why the police cannot detain you without cause. It is why you can vote and why your vote counts. It has been working quietly in the background your whole life. But right now, the people of this Territory have a real opportunity to update those rules, to transfer more power from an appointed Governor to elected Virgin Islanders, to protect elderly residents and people with disabilities in the highest law of the land, and to set the stage for a referendum on the Territory's own political future. This does not come around often. Browse the 27 amendments and find the one that matters to your life. Then share it!
How can I follow what is happening during the negotiations?
This website will be updated throughout the process. The news section on the homepage will carry updates as they become available. The Government of the Virgin Islands will also share updates through official media channels. For deeper reading, you can download the full HOA Report and the CRC Report from the documents section on the homepage. If you have a specific question that is not answered here, use the contact form, and someone will get back to you.