Will The Real Virgin Islanders Please Stand Up?

May 30, 2009

A Constitution is defined as a system for government that establishes the rules and principles of an autonomous political entity, including the fundamental political principles; defines the structure, procedures, powers and duties, of a government; and guarantees certain rights to the people. All of the people.

Except, it seems, in the minds of certain delegates of the Constitutional Convention of the United States Virgin Islands.

In their Constitution, certain rights are guaranteed for some of the people, namely the Ancestral Native Virgin Islanders, defined as anyone born in the VI before June 28, 1932 and the descendants of those who resided here between 1917 and June, 1932 – but not to the rest of us Native Virgin Islanders – and the rest is defined as any person born in the Virgin Islands after June 28, 1932.*

Two of the most egregious distinctions are:
1. The payment of property taxes – Ancestral natives are exempt from paying them while Natives must pay, and
2. Only Ancestral natives will be allowed to participate in the committees that determine the ultimate status of the Virgin Islands and its relationship to the rest of the United States if and when the document is eventually adopted.

It is difficult to conceive of a more divisive presentation of a document that is designed to unite under rule and principle the people it represents.

It diminishes the value and contribution of the diverse populations that have made the Virgin Islands their home. It relegates anyone who does not carry the “Ancestral” tag to second class status and provides unwarranted special privilege to those who claim the length of their tenure, which is strictly the chance of birth and family. It burdens them unfairly with the expense of property taxes – a fundamental basis of the economy – while denying them a voice in the future and status of the islands their taxes are supporting.

This is not a Constitution. It is the creation of petty minds and vindictive agendas and we should stop it in its tracks.

*The exact language can be found in Article III, Sections 1&2 in documents posted on this website.

Does the document as drafted by the Constitutional Convention fairly represent the rights and interests of all of the people of the Virgin Islands?

  • Yes, the distinctions between Ancestral Natives and Native Virgin Islanders is fair (46%)
  • No, the distinctions between Ancestral Natives and Native Virgin Islanders unfairly disadvantages those identified as Native and doesn’t represent the interests of all the people of the Virgin Islands (54%)

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74 Responses to “ Will The Real Virgin Islanders Please Stand Up? ”

  1. Sojourner Truth on June 14, 2009 at 5:09 pm

    Please define OUR and WE

  2. GladtoBeYoung on June 14, 2009 at 5:36 pm

    Peter Abbot,

    Please refrain from stereotyping the entire island populace. While I agree with you that there is rampant xenophobia, horrible customer service, etc. in the islands, don’t be a hypocrite and stereotype those which you claim are doing the stereotyping.

    Not all locals are the same. There are many locals who are away studying at the finest American universities who must be counted. I tend to (on this forum at least) remind the bloggers of our presence. The younger generation will redeem some of the failures of the older generation. I am confident of this :D

  3. Peter Abbot on June 14, 2009 at 6:47 pm

    I’m not stereotyping…most of the people I meet here are great people. Just talking about the ones with so much anger on this thread and those who fit the shoe.

  4. Peter Abbot on June 14, 2009 at 6:49 pm

    Sojourner: our and we = free men, not those with slave mentality.

  5. OldFart on June 14, 2009 at 8:50 pm

    GladtoBeYoung,

    I applaud you. Education is the only way to solve todays problems. Slavery was a horrible thing but your people lived through it. They came out stronger. Everyone compares the plight of the African descendents to European descendents in America. Compare the life of African descendents in America to Africans still in Africa. Would you rather be living in the Virgin Islands or Rwanda or maybe Liberia?

    There have been hard times but take advantage of the oportunities available in the US instead of focusing on hatred.

    I have lived on St Croix full time for 12 years. My two doctors are black, my attorney is black and many of my friends are black. There is room for everyone, here and in the US.

    Things have changed, one of my friends and I always joke around about our families. He knows my family and I know his. We call my dad Archie Bunker and his dad George Jefferson. We are still best friends.

  6. Verdel L. Petersen on June 14, 2009 at 11:07 pm

    Let hate be the enemy. You can rant & rave, but that facts remain the same.

    The USVI is still a U.S. possession. If Africans were here when Columbus arrived, why did the Europeans imported more of them during the slave trade?

    Visit the most beautiful homes on St. Croix and ask who own them. Does it really matter how you feel? Do you think that the owners got their houses and lands free?

    Those of you “Ancestral Native Virgin Islanders” who believe that you’ll never pay any property taxes, dream on. This is only a fantasy. I would love to not pay property taxes, but I know it is neither realistic or practical. Why would you want to be part of a society where it is legal to discriminate against a minority group? Does Martin Luther King’s, “I have av dream”, mean anything to you?

    Let’s make the VI a better place. Live and let live. Most of us will not be alive a century from now;we can live in harmony today or continue to hate. Which do you prefer?

  7. Ten Again on June 17, 2009 at 7:24 am

    Talk about embarrassing and unconstitutional situations.

    I guess many know by now that the Court of Appeals for the Third Circuit has sided with the Federal District Court and has ruled against the Government in the ongoing property tax case.

    The initial suit in this case was filed in July 2000. Now almost a decade later, we can’t correct the situation. The recent executive order issued by the Governor setting dates for collecting property taxes for the year 2006 now has to be vacated. This means no property tax has been lawfully collected for the years 2006, 2007, 2008, and 2009.

    The appeals courts stated expressed a lack of confidence in the local Board of Tax Review and agreed with the District Court that the Government was acting unconstitutionally. In part the Court stated:

    “Based on the evidence presented, the District Court found the Board of Tax Review was not functioning at a constitutionally required level. We find no clear
    error in the District Court’s underlying findings of fact, and we agree with the District Court’s application of fact to law—that the Board of Tax Review’s functionality did not meet constitutionally required due process standards.”

    Hmmmmm
    Wasn’t the draft constitution toppled reportedly because it was unconstitutional? Whether that decision was right or not, this shows that there is room for improvement all around. It also demonstrates that it is sometimes best to let an issue run its course, so the populace is not deprived of pertinent feedback to include relevant case law.

    The precedential opinion of the court can be accessed at: http://www.ca3.uscourts.gov/opinarch/083897p.pdf

  8. Puzzled on June 17, 2009 at 11:41 am

    I was looking for the ruling earlier and couldn’t find it. Thanks Ten Again. I think this administration has failed where the previous one did. Fix the core problems so we can move on. I guess we’re in for another embarassment when the courts rule that the governor and atty gen overstepped their authority with the constitution. Here we go again!

  9. Verdel L. Petersen on June 25, 2009 at 10:23 am

    The hate continues. Will we ever learn from the mistakes of the past?

    Our President is bi-racial/mixed ancestries.Many Crucians’forefathers were Danish. This is why my complexion is a beautiful bronze. Africans here and elsewhere have beautiful skin. We are not haters like some of the bloggers to this post. Some of us are beautiful inside and outside. President Barack Obama is the best example today.Let’s rejoice the fact that Africans have made significant contributions to make the world a better place. Why.then, it is necessary to blame white people for all our miseries in the VI?

    If your African ancestors did not capture their relatives and trade them to the Danes, we would not be here today.Slavery was a horrible experience, but we can not undo this past. We are all free physically, but some of us need to be emancipated mentally. Stop begging for freebies from the government. Pursue an advanced degree, purchase land or start your own business. There is no law prohibiting you from accomplishing any of these goals and no white person is oppressing you.

    The hate and oppression I get come from Ancestral Africans in the VI. Some delegates do not want naturalized American-Africans to enjoy their American rights and privileges. If you were born in the VI prior to 1932,do not own land, do not have a high school diploma, can not read and come from a poor family, how will you benefit from the proposed VI Constitution?

    Those who are illiterate can not understand that the document can not guarantee free land to natives. You will not pay property tax, if you do not own land. Does this translate to mean those who are eligible for property tax exemptions will receive free land? Landowners generally must have financial resources to maintain their properties.The poor, whether black, white, or native will be in the same position if the draft is ratified by the electorate.The key to changing one’s economic status is an education. If poor natives believe a constitution can elevate their economic status, they are sadly deluded.

    God bless the child who has her own.I an happy I have a beautiful home in the VI Paradise and I am proud to be able and willing to continue paying my property taxes. I am not looking for any free lunches.

  10. ladlie on June 25, 2009 at 11:51 am

    backdoor reparations,plain and simple

  11. Ten Again on June 25, 2009 at 9:20 pm

    Why do some choose to repeat the same thing over and over and over again, particularly when they have made their positions crystal clear?

    The draft constitution is null….at least temporarily. We cannot change what the court will do. Why keep beating a dead horse? You can’t ride it.

    Anyway, at the rate the Governor is going with the unconstitutional property tax act, everyone is being exempted from paying property tax. Also, let’s not forget that the goverment has been ordered to pay the plaintiff’s attorney and other fees as well as daily punitive fines (I believe $5000) until the goverment comes in compliance.

    This is what we should be outraged about, no longer to criticize, but to give advice for crafting a solution.

    Let’s focus on what we can do to assist the Governor and the Legislature in this endeavor.

  12. Busted on June 25, 2009 at 10:01 pm

    I hope you are able and willing to pay your property taxes when rich investors with never ending EDC benefits drive up property values around here. I have no problem accepting that you don’t like the native clauses, however it would be refreshing if you would enlighten others on the benefits of the other clauses in the property tax section of the draft. Listening to you gives the impression the document only addresses property tax issues for the natives, however it clearly provides benefits for people willing to hold onto their property. In the words of Fenton…be balanced.

  13. Pandora on June 25, 2009 at 10:44 pm

    “when rich investors with never ending EDC benefits drive up property values around here”… Been to St. John lately?

  14. Verdel L. Petersen on June 28, 2009 at 5:08 pm

    Heard the recent public statements by Governor DeJonge?

    There are comments that must be repeated frequently. Some VI natives are not literate;they are not reading the draft. Some prefer to remain in denial;other are simply deluded.

    The EDC benefits are not exclusive to outsiders. Rich natives could qualify if they choose to. Unfortunately, Arabs, naturalized citizens and white continentals appear to be more business oriented. Study the makeup of the Chambers of Commerce. It held a meeting at the Palm this past Friday. This was an opportunity to meet your senators. Where were the natives who are concerned about property taxes and owning land? Very few natives attended this meeting.
    Please enlightened me on what benefits are available to people willing to hold on to their property. I must have overlooked this clause in the draft.
    My suggestion is that the Legislature take action to correct the property taxes crises. Drafting legislation is the role of the Senate;not the role of constitutional delegates.

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