May 13, 2008 — If you were born in the Virgin Islands or descended from someone born in the territory, you may just be a Virgin Islander. But are you a native Virgin Islander?
Constitutional Convention delegates made progress toward a more complete document Monday night in a meeting at Bertha C. Boschulte School on St. Thomas, focusing mainly on what defines a Virgin Islander, citizenship, the protection of the culture and environment, and beach access for the public.
Despite the issues at stake, the meeting attracted only a few participants. In an auditorium that could have held hundreds, the audience numbered only about a half dozen. Attendees were far outnumbered by the delegates, some of whom expressed perplexity that the meeting was not better attended.
"I really don't know why more people don't show up," Delegate Gerard Emmanuel said. "It's puzzling to me."
Delegate Kendall Peterson, who chaired the meeting, noted the importance of the issues under discussion and charged attendees with encouraging their fellow citizens to attend.
"I am proud of the whole document that was passed," Petersen said in an interview after the meeting, careful to note that it is still a document in process. But he said he was most proud of the language that created the definition of native Virgin Islanders.
The language the committee approved gave a nativity to a people whose ancestors made great contributions to building the modern-day empires of Europe and America, Petersen explained.
"These were people who were taken away from their homes — they don't remember their names or families or their religions," Petersen said. "Now [their descendants] have the ability to identify themselves as a people: native Virgin Islanders."
The language adopted for the current draft defines a native Virgin Islander as:
"A person born in the Virgin Islands before 1927, with at least one parent who is a native Virgin Islander, or a person who was born outside of the Virgin Islands to at least one parent who is a native Virgin Islander who was outside of the territory for education, employment or active military service."
Virgin Islanders are people born in the Virgin Islands, or descended from at least one parent who was born in the Virgin Islands.
Citizens are born in the territory or outside of it, but in the United States, who have lived in the Virgin Islands for at least one year; "or subject of the enactment of appropriate federal legislation, all people born in the Virgin Islands residing outside of the United States, its territories, and possessions between January 17, 1917, and June 28, 1932, and not subject to the jurisdiction of the United States, and who are not citizens or subjects of any foreign country."
This language takes into consideration the descendants of slaves who were termed "inhabitants" by the treaty of 1917, when the United States purchased the Virgin Islands from Denmark.
Delegate Lawrence Sewer moved to include some language setting forth the duties of citizenship. The duties of citizenship are made clear in the constitutions of the British Virgin Islands, Antigua and Anguilla, he said.
"This keeps people focused on the responsibility they have toward their community," Sewer said.
His motion was not seconded.
The committee approved language protecting historical places and artifacts, and strengthened the environmental protection language to include mention of a comprehensive plan.
Felix and Mercedes Berruz of Bovoni testified about the need for strong environmental-protection language that incorporates comprehensive planning, and drew attention to the consequences Bovoni is suffering for want of such a plan.
The comment on the open beaches language centered on public access to the beach, and there was some talk of including a phrase that would guarantee access from a public road. The language would not replace the Open Shorelines Act.
One delegate expressed concern that without language supporting access from the land and sea, the only way some beaches could be reached was by boat, excluding a large number of the population.
The section could actually be weakened and open to court interpretation by being too specific, Delegate Lois Hassell-Habtes noted.
The open beaches language was revised to read: "All beaches and shorelines of the Virgin Islands, including territorial cays and inlets shall be public and open to public access. Where not available, public access shall be provided from the public road in perpetuity."
The discussion went off topic for several minutes as delegates addressed some remarks made by one of the delegates in the last plenary session. (See "Deadline Extension Sought for Constitution.") Reading from prepared remarks, Jason Budsan expressed grave concern that the body had tolerated remarks that offended members of the community.
Budsan called on the body to reprimand Adelbert Bryan for his remarks and suggested that the delegate apologize publicly for his remarks.
The delegate responded that no apology would be forthcoming.
Anita Davis rose from the audience to offer her comments on the issue, and was told by the chairman that her information was incomplete, as it had come from the media. She requested a transcript of the meeting.
The delegate had been quoting from treaties, Petersen said, and remarked that the news media contributed to the conflict by stepping away from its role of reporting to responding to the comments.
Another woman from the audience spoke in support of the delegate.
Emmanuel said in an interview after the meeting that he wished the discussion would stay on the constitution's content.
"I hope that we can get to the content and the really positive things that are germane," he said.
Working notes for the committee are available at viconstitution.com. At press time, these working notes had not yet been updated to reflect changes approved at the meeting.
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