Congress Hears Both Sides Of Constitutional Debate
Delegates Make Strong Case For Native Rights, Self Determination; Opponents Say "Divisive" Provisions Violate Civil Rights And Assure Defeat
It was a powerful endorsement of the draft Virgin Islands Constitution that the Congress heard on Wednesday from those who spoke in support from the Fifth Constitutional Convention.
If you listened – and we did – twice – and whatever your opinion – you heard a sound, historically supported argument for the key point of contention in this draft – the question of native rights.
But those who oppose the draft are equally adamant that if the provisions addressing native rights are not amended, the document will not be ratified by the electorate of the Virgin Islands. And if it doesn’t happen now, will it be too late for it to ever happen?
Does the Congress bear the responsibility of amending the document or should it be returned to voters “as is” and let the electorate decide? And can any of these issues be suitably resolved before the question of status is addressed?
The panel in support was passionate, eloquent and assured and while there were numerous comments that brought their point home, perhaps the words of Delegate Lois Hassel Habtes summarized best the supporting view of the draft.
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The battle lines were clearly drawn – those who believe that the provisions of the Constitution as written are divisive and violate the concepts of equal protection and civil rights; and those who believe that without the recognition of the historical and cultural platform of native rights in governance that self-determination is an unrealized dream.
And they were battle lines – from Governor John deJongh’s emphatic denunciation of the document:
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to Delegate Gerard Emmanuel’s cogent, eloquent and highly persuasive explanation of native rights recognition as the foundation for self-determination.
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The members of the delegation appeared before the Subcommittee on Insular Affairs, Oceans and Wildlife of the House of Representatives Committee on Natural Resources, chaired by Madeline Bordallo, Guam. Other committee members present were VI US Delegate to Congress Donna Christensen, Don Young, Alaska, and Pedro Pierluisi, Puerto Rico.
Virgin Islanders representing the Constitutional Convention in support of the draft were Convention President Gerard “Luz” James; Professor Lois Hassell Habtes, Adelbert M. Bryan and Gerard Emanuel; Douglas Brady and Eugene M. Petersen, convention delegates who spoke in opposition to the document. Sen. Usie Richards was also present in his capacity as Senate Minority Leader, and spoke to the previous Congressional actions that have addressed the issues of sovereignty and native rights provisions in other US possessions.
The hearing was one more step in the process of establishing a constitution for the Territory. The Congress is in the midst of a 60-day window during which it can modify, reject or return the document as-is to the Territory. Unless rejected, the returned document would then be subject to a vote to determine whether it would become the governing document of the land, replacing the Revised Organic Act of 1954.
And while the subject in the spotlight was the Constitution, Diageo deal made a cameo appearance and it was made clear to all present, in comments by Pierluisi and Young, that the “rum wars” are only in a temporary cease fire – that the battle will resume and that debate over the rum “cover over” revenues at the heart of that deal has not ended.
Those who oppose the native rights provisions believe their inclusion spells the demise of the document and delegates Petersen and Brady made that opposition the focus of their presentations.
Petersen said it would do “irreparable harm” to the “delicate social fabric” of the Virgin Islands, and Brady said that returning the document unchanged would sound the “death knell” for the constitutional initiative. Petersen said:
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Petersen also warned that if the document is sent back in a form that is not ratified that time will work against another attempt to craft and adopt a Constitution.
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Highlights of the testimony included Sen. Richards’ statement laying the historical foundation for Congress’ legislative participation in establishing other native rights initiatives; Bryan’s assertion that the Constitution is critical to the Territory’s “growth and development;” Emmanuel’s explanation of the rationale behind the native’s delayed participation in self-determination and Habtes insistence that action must be taken now to preserve the historic and cultural framework of the Territory.
The full text of James statement can be read at the link below. Selected clips from the testimony can be found by following the “Constitutional Congressional Hearing” link.
We don’t know what the Congress will decide. But we leave with a comment from Habtes that laid out her belief on why it is so critical to move forward with the document.
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I have to wonder whether the process should have waited until the question of status had been settled.
The testimony of the supporters made me think again about the question of native rights, a concept I had dismissed as discriminatory prior to the hearing. Having heard the presentations, I haven’t jumped the fence, but I do see the validity in the concept and have to believe there is some solution between “acccept” or “reject.”
I know that most members of the convention were dubious about the possibility of any significant compromise but I do wonder what chance the document has in its present form.
What I am sure of is that this is a matter that should be considered outside of the election process. To politicize this issue to the point of its being determined at the same time we are making critical decisions about elected leadership will cloud the issue and it’s murky enough already.
We should also look harshly at any of the candidates who uses it as a campaign tool – and it’s already happening.
CIF, where is the comment from Dr. Habtes?
@ persona -
It’s the final audio clip at the end of the story. Right above the link to James’ statement.
How can a document that could determine our political destiny not be political? Was it political to elect the delegates who drafted it? Are elections political. Politics is in every aspect of our lives especially when it comes to laws that govern us. Talking about issues that are not relevant to making a decision about the draft is fruitless. Yes, I agree that our political status should have been decided first. We are not faced with that issue at this moment,though. The simple question before us is
o you accept or disapprove of the constitution document that will be presented to the VI electorate in the near future? I guess the answer depends on how it is beneficial to the individual voter. Personally, I would not support a document that treats me as a 3rd class citizen. I could get 1st class treatment if it is adopted, but what will be the legal ramifications? How would this ease the tension between natives and non-natives?
I believe Rules Of The Road has a point. A document as historic as the Constitution is too important to be voted on during Election Day. Some politicians may use it as an opportunity to gain political points from their constituents. This constitution could determine the direction these islands would go from the day of ratification, and We cannot allow to become politicized.
I read the draft, and I can see why the governor disagrees with it. In Section 7 where it talks about the qualifications of governor, he/she cannot hold any other paid public position unless specifically authorized by law. If the VI Constitution were to pass, would John deJongh continue to be allowed to serve as Chairman of the PFA? Does the Organic Act allows him to serve as a PFA member right now? These are the issues we need to discuss.
John disagrees with that porion because it will prevent him from stealing more money from the people of the VI. John doesn’t go along with anything that doesn’t make him richer even if it benefits the VI people.
The man is greedy.
typo correction ‘John disagrees with that PORTION’
The position as chairman on the PFA board is not a paid position. The members get a stipend. This system was not created by the Governor. With or without this constitution, deJongh will be economically successful. He has always been a business man and knows how to handle his personal financial affairs.It would be more beneficial to him, if the constitution is adopted. He would not have to pay property taxes on his mansion since he is an ancestral native.
If this constitution happens to be voted into law have anyone thought about what would happen. There will no longer be an Organic Act and Congress would have to make changes to the Act itself which includes how and how much federal funds the Island would receive. If I read the drafted constitution correctly the Virgin Islands is basically asking to be free of the US. How free do you want to be. Financially, physically or both? I do believe when or if this new constitution is voted into law most non Virgin Islanders would leave the Virgin Islands then where will the funds to run the Islands come from? Just some thoughts!!
DeJongh is such a great business man that every company he has worked for including the VI governmet he was fired from and left the company in debt. Great business man? Huh?
…..it is said his father,Percy,wasn’t the sharpest tool in the shed,either.If that was true,then the proverbial ‘fruit’ not falling far from the ‘tree’ would seem to apply.
Whatever the fact,the old man must be rolling over in his grave.
Soldier Crab, get your facts straight! The Governor’s father was the late John deJongh, an imminent, well respected attorney and founding partner in the law firm of Birch, deJongh and Farrelly. Percy was his grandfather. If you can’t share correct information, why should we give any weight to your opinions?
Soldier Crab may not be wrong. I recall John (governor’s father) being called ‘Percy’. This is what Soldier Crab is probably refering to.
As for ‘Percy’ being an imminent, well respected attorney; nothing could be further from the truth. In my opinion, the man was just as evil, coniving, greedy and prejudice as his son, the Governor John deJongh.
So, Solier Crab is right ‘apples don’t fall to far from the tree’.
That’s strange! Now that John deJongh is governor, people are talking about how dishonest and manipulative he and his family are. However, when he was a guberatorial candidate four years ago, I was hearing a completely different story. People kept telling me about how he was a family man, a savvy businessman, and a man of faith. I guest people would say or do anything to make sure their candidate wins.
Whenever we start taking about the constitution and our status, why do people throw out the federal money issue? What would we do without welfare and what would we do without public housing and what would we do without food stamps? The Virgin Islands government does not have a money shortage. We have a management of money issue. If you start actually spending the money coming in on the above issues, we would not need the federal government as it is. Sometimes the better thing to say is thank you but no thank you.
If we actually took all the agriculture information we have and put it to good use with what our farmers already doing we could feed ourselves. If we actually encouraged homeownership with financial management skills public housing would truly be temporary for most and permanent for some.
If we actually paid attention to all the money leaving our shores due to 90% tax exemptions on gross receipts, 90% tax exemptions on property taxes, etc. those funds could actually benefit the community they operate out of. I can go on and on, however we have the power to do anything we want if we stop allowing fear to control the things we need to do for ourselves.
If we don’t start paying attention to whose managing our resources and who is benefiting we will continue fighting among ourselves while someone else comes in and takes over.
How much debt are we carrying now and if our shortsightedness affects our ability to pay our lenders what are our options?
At any rate here is my written testimony to the Sub-Committee on Insular Affairs. If anyone else wants to submit written testimony you still have a few more days.
First, let me be clear, I mean no offense or disrespect to anyone who has come to the Virgin Islands seeking a better way of life. This testimony is to put on record as a Native Virgin Islander, we deserve the right to speak to our sovereignty, no matter how long it takes or the challenges we face.
Please do not assume because this document/constitution has been submitted that Virgin Islanders do not care about status, the right to self determination or self government. This is farthest from the truth. As a person considered “Native” under whatever definition the body is using today, I am of African ancestry as well as Carib and Taino (those who were here upon the arrival of Columbus).
Today however, I am speaking with regard to my African ancestors who never had a say in the political discussion as to the status of the only home they knew. I stand here as a representative of their silent voices whose blood, sweat, tears and lives were shed to build the Virgin Islands which created and enriched many wealthy nations. Yet, the Africans and their descendants never freely had a say as to what political future they wanted, even after the transfer of the property then known as the Danish Virgin Islands.
In the Virgin Islands those of us of native descent are in the minority. Our non governing status has left us without the ability to hold the United States accountable for the violations of treaties held between itself and our former colonial master, Denmark as well as The United Nations and its Resolutions.
Our government system has been manipulated to act in the best interest of external considerations, while neglecting the basic right to self determination of Virgin Islanders. We have been and continue to be overrun and infiltrated by persons who come from places whose status has already been established and are not interested in the self determination for/of people of the Virgin Islands.
Since the opening of our doors to Tourism, with the increase of other Caribbean People and their offspring, the Virgin Islands Community has had to shoulder the cost of education, healthcare, infrastructure, etc. forced upon us by the United States. Today, the influx continues even though the ethnicities and nationalities are different. Since we have no control of our borders, have we ever been reimbursed for such allowances? These finite resources continue to be spent on people (legal as well as illegal) freely moving in and out of this US Territory. Please refer to UN Resolution 35/118 (Sections 2, 3 and 8 in particular are relevant.) In this case, the member state is the United States of America.
2. Member States shall render all necessary moral and material assistance to the peoples under colonial domination in their struggle to exercise their right to self-determination and independence.
3. Member States shall intensify their efforts to promote the implementation of the resolutions of the General Assembly and of the Security Council relating to Territories and countries under colonial domination.
8. Member States shall adopt the necessary measures to discourage or prevent the systematic influx of outside immigrants and settlers into Territories under colonial domination, which disrupts the demographic composition of those Territories and may constitute a major obstacle to the genuine exercise of the right to self-determination and independence by the people of those Territories.
As a member of the United Nations the United States of America is in violation the same resolutions it has sworn to uphold. Our political process has/is constantly being undermined externally/internally long before we were allowed to vote for our own governor. Political status and our right to self determination has never been truly part of any administration’s goal locally or federally except that of Independent Citizens Movement Governor Cyril E. King.
Whenever the topic of Status or the Right to Self Determination is discussed, everyone from every corner of the globe living in the Virgin Islands, tells us we are discriminating against non natives. However, in the same breath “we” are told, “This sort of thing would never happen back home wherever. How is this allowed when we have never been given the opportunity to have open discussion of our complex unresolved issues stemming from the beginning of our colonization. There was never any thought about what was in the best interest of the people who occupy this space whether it be Native Peoples or the Peoples who were kidnapped and forced into bondage against their will.
This is a true opportunity to resolve our colonial status with the assistance of the United States of America if all parties first step forward with truth, integrity in the best interest of all involved. Virgin Islanders wherever they are, need to be included in the discussion and resolution of our self determination, or, we will forever be defined by the ideas/ideals/standards of others.
Our communities welcomed all to our shores with open arms through mutual love, respect, integrity, honesty, respectful dialogue and all the other good things we are known for and now we find ourselves disappearing as the grains of sand are washed away/absorbed by the ocean. Much of what we are experiencing negatively today has been perpetuated long before “we” were in control of things.
Until “Virgin Islanders” are allowed freely without intervention, objection and interjection from “others”, to discuss and determine who and where we stand in the world at large, this issue will continue to fester and further divide Virgin Islanders from Caribbean Peoples and those who visit our shores.
By following “your” constitution, where are my rights to sovereignty and self determination? This constitution assumes this is a confirmation that “Virgin Islanders” wherever they are agree with our Un-Incorporated Status. Truly the only status options open to the Virgin Islands of the United States are, Free Association, Independence and Full Integration into the U.S. Many of us do not recognize your sovereignty because we are already a sovereign people. Truth be told, with or without a constitution, the Virgin Islands are still a colony and property of the US and not a part of.
Thank you.
T,
Your blogs are very transparent. You are a John deJongh supporter and that’s your perogative to be one. So stop hiding behind a veil and have the courage to come forward and say so ‘straigh talk’.
I admire both Mapp’s and Donastorg’s supporters for having the courage to come out and openly defend their choice candidate.
All of your nuiances and rhetoric fools no one. How about changing your name to ‘I Love John deJongh’? It would make more sense.
To Anonymous on March 22 @ 1:14,
First of all, I am NOT John deJongh, and I do not represent him or his followers. I don’t even know him. I only voted on him because of those people who were working for him at the time. They gave me the impression that they know him very well. We hurt me the most is that some of people who support him are people that I know personally. It is sad that at a time when the Virgin Islands is going through some struggle, we would resort to attacking each other just to make sure our candidate wins. I can see why some people hate politics.
T,
That is sad that you would vote for a candidate just because your friends or co-workers ask you to. This is exactly what is wrong with VI politics. We need a leader that has proven to us through out time that he will fight for us and continue to fight for us no matter what the cause.
We need a governor like Bert, Luz James, Mario Moorhead or Donastorg. We need true Native fighters that will have our backs to the end.
Amen.
Welfare, Public housing, food stamps, How about FEMA- hurricane aid, federal funds for education, employment, non employment (futa), medicare, excise taxes (rum) Daego deal. I can go on. How about the stimulus money received that suppose to create more jobs. I beleive the US has done and continues to do alot to further the Virgin Islands need for their independence financially. Any country that is free will have immigrants. Tourism is an industry the Virgin Islands will always need.