Written evidence from the Office of the Premier, Government of Montserrat (OTS0082)

 

 

EXECUTIVE SUMMARY

 

An interview team of three engaged a range of persons from the private sector, public service and civil society.  A number of persons also provided written submissions. Responses were based on an invitation to consider the following matters:

 

  1. What they think constitute the current relationship between the United Kingdom and Montserrat;
  2. Identification of mechanisms, policies or innovative approaches that could be incorporated into the existing relationship to make it better;
  3. A recording of specific information, evidence or actions (whether by the UK or Montserrat) in the following areas -
    1. Governance and Finance of OTs; including adherence to human rights frameworks, membership in regional organisations such as OECS and CARICOM;
    2. Benefits to Montserrat and the UK of the relationship between them;
    3. Representation of Montserrat’s interests in the UK, Commonwealth and other international fora;
    4. Ownership of Montserrat’s assets including but not limited to ecological richness and natural resources;
    5. Contingent liability of the United Kingdom; and
    6. UK’s obligation to report on Montserrat to the United Nations;
  4. Identification of an effective Development Aid strategy.

 

The following summarise the findings of the Inquiry:

 

-          A Development Fund exclusive to the OTs with British Ministerial leadership ought to be established;

-          The practice of providing minimalist aid which does not lead to sustainable development should cease;

 

 

 

 

INTRODUCTION

 

  1. The Government of Montserrat is grateful for the opportunity to have engaged its people on the important matter of governance and a general review of the relationship between the United Kingdom (UK) and Montserrat. We are a micro Territory but proud of what we have achieved and the kind of aspiration that successive leaders have demonstrated. We therefore do not see ourselves as beggars even though serious natural disasters such as hurricane Hugo in 1989 and an ongoing volcanic eruption since 1995 have reduced our population dangerously and thrown us into heavy dependency, much to our displeasure. It should not be forgotten that in 1982, Montserrat voluntarily graduated out of                     Grant-in-aid for the recurrent budget ahead of schedule.

 

  1. At the same time, we are also aware of our historic contribution to British Empire, as Montserratian author, E. Archie Markham alluded to, when he wrote of Montserratian ‘windrushed’ immigrants in England in the 1960s,

Queuing up for houses 

they claim their fathers built.

 

  1. Grinding necessity has caused us to continue to be an Overseas Territory (OT) for the time being, and we expect this relationship to be characterized by mutual respect and governed by the democratic ideal. Although the British OTs in the region have different need profiles, we have enough in common for us to have all benefited from a joint exercise. However, even at the level of negotiation, we can all benefit from a cooperative approach. 

 

  1. While the Government of Montserrat (GOM) through the Office of the Premier has taken the lead responsibility for this submission we are pleased to observe that it is informed by a wide consultative process, in spite of the short time-frame that the Foreign Affairs Committee (FAC) afforded Territories.

 

The Consultative Process

 

  1. This submission is underpinned by town hall sessions; two radio programmes, one of which was open for public discussion; and stakeholder meetings with the Montserrat Bar Association, the Legislative Assembly, the Montserrat Chamber of Commerce and Industry, Financial Institutions, Heads of Government Departments, Workers’ Unions, and Labour Speaks.  In one of the town hall meetings, all four government ministers made presentations along with the Leader of the Opposition.

 

  1. The Speaker of the Legislative Assembly conducted two town hall meetings in the name of the Assembly in which a wide cross-section of persons including active politicians participated. The Parliamentary Opposition also took action with a radio programme. This Report draws on the material emanating from all of these activities, including comments in the social media coming especially from the Montserrat diaspora in the UK, USA and Canada. The panel also benefited from a number of written submissions.

 

  1. The Draft Report was shared with all members of the Assembly for final reaction and input. We are claiming therefore it has the general approval of the people of Montserrat; it represents a consensus.

 

GOVERNANCE OF THE OVERSEAS TERRITORIES

 

Need for Constitutional Reform

 

  1. There remains no significant call for independence.  According to the 2017 Communiqué of the UK – Overseas Territories Joint Ministerial Council: “We agreed that the fundamental structure of our constitutional relationship was the right one – powers are devolved to elected governments of the Territories to the maximum extent possible consistent with the UK retaining those powers necessary to discharge its sovereign responsibilities.” In the general view, this policy statement does not conflict with our desire for a fuller measure of internal self-government with an eye on ultimate sovereignty.

 

  1. The 2010 Montserrat Constitution Order assigns special responsibilities to the Governor for defence, external affairs, regulation of international finance, internal security and the public service. In addition, the Governor has the right to withhold Assent from any Bill passed in the Legislature and has done so without giving any explanation. International finance is particularly vexing, given its potential for earning revenue and the fact that it falls under the authority of the Minister of Finance in some other Territories, as was the Montserrat case prior to 1989. It is significant that the Governor has never delegated any of his special responsibilities to a Minister although the Constitution allows for it.

 

  1. The Governor appoints the Financial Secretary (FS) and the Deputy Governor (DG) in consultation with the Premier.  The FS reports to both the Governor and Premier which can lead and has led to conflicts when the desire of the elected element is ignored. There is a democratic deficit inherent in colonialism. Montserrat needs constitutional reform to deal with the powers of the Governor compared with those of the Premier and Cabinet. 

 

  1. Management of the Public Service came under scrutiny. Some persons questioned the current position of the DG being Head of Service but were hesitant about placing the Public Service under the elected government, citing potential for partiality and vindictiveness. The prevailing counter-argument was that as a people we will never develop or emerge from colonial pupilage unless we learn to trust ourselves. One way to reduce the power of the Governor over the Public Service is to give the Public Service Commission (PSC) some level of executive, instead of purely advisory, role. This would mean in effect that the DG will be required to provide PSC with an explanation for overriding their decisions.

 


Legal Obligation to Report to the UN

 

  1. Montserrat remains on the List of Non Self-governing Territories so the UK is required to fulfill its legal obligation under Article 73e in reporting on the status of Montserrat to the UN Special Committee on Decolonization.

 

Human Rights

 

  1. The Rule of Law operates in this island and there is an active Complaints Commission. On decisions regarding certain matters of values such as Same Sex Marriage and LGBT we prefer to debate them in our Legislature and make our own decisions rather than have imperial impositions.  

 

 

BENEFITS AND RESPONSIBILITIES OF THE RELATIONSHIP

 

  1. The 2012 FCO White Paper correctly depicts the relationship between the UK and the Overseas Territories as one founded on mutual benefits and responsibilities. 

 

  1. It is noted, however, that as China moves into the control of nearby airports and other infrastructure and investment projects in Latin America and the Caribbean, Montserrat offers significant strategic value to the UK.  In addition, Montserrat boasts significant natural and geological resources.  These proffer considerable trade and investment potential in geothermal energy, ash and sand mining, infrastructure projects, water, agriculture and the blue economy.

 

  1. Based on principles of mutual benefits and responsibilities, efforts should be made by both sides to expand and optimize trade and investment in Montserrat, especially post Brexit.

 

 

FINANCING OF THE OVERSEAS TERRITORIES

 

Aid Strategy

 

  1. The commonly held view is that the UK Aid strategy for Montserrat remains fragmented and unfocussed.  The FCO has overall responsibility for the advancement of the Territory, but DfID is the Aid Agency that manages Montserrat’s budgetary and development aid.  DfID does not appear to most to be following the stated objectives of the UK Government in the FCO and DfID White Papers, and is deemed to be far too operational in the Montserrat context.

 

Role of the FCO

 

  1. The FCO’s 2012 White Paper is a comprehensive and well written document which outlines the UK Government’s position with regard to partnership with, and support for, the Overseas Territories.  However, much of the policies and recommendations in the White Paper have not been translated into focused deliverables and concrete action on the ground.

 

  1. By way of example, one of the Priorities for Action as listed on page 36 of the White Paper under the section Successful and Resilient Economies, states as follows: “help Territories in receipt of budgetary aid achieve sustainable and inclusive growth and financial independence from the UK.”  Clearly, this is a shared goal of both the UK Government and the Territories; however, the Government and people of Montserrat feel that not nearly enough has been done in fulfillment of this goal.  Some persons go as far as saying that the UK Government really does not care about Montserrat’s sustainable development and is quite happy to continue doling out minimal maintenance aid.

 

  1. Perhaps the time has come for a revised White Paper, which of necessity includes a detailed Implementation Plan, to ensure that action is taken to achieve the aforementioned common goal of ‘sustainable and inclusive growth and financial independence from the UK’; as well as the other stated policy objectives.

 

  1. While the promise of the establishment of a Joint Ministerial Council (JMC) has been fulfilled, the JMC is not yet functioning at a level to bring the ‘whole of UK government’ approach to the development of the territories into operation, as promised.  The policy objective of bringing the Ministers of all government departments to focus some of their technical expertise on their counterpart ministries and department in the Territories, needs to be fully operationalized.  It is these types of actions that will lead to greater development and standards across key ministries, such as Health, Education and Technology in the OTs.  The quality and standard of healthcare delivery (not necessarily the breadth of services) in Montserrat, should be no less than that afforded to British citizens in the UK.

 

  1. Many people question the very fact that the Foreign and Commonwealth Office is the primary interface between the UK and its Territories.  This stems from the fact that Montserrat and the other Territories are legally British Territories and populated for the most part by British citizens.  As such, Montserrat is neither Foreign nor Commonwealth.  One school of thought suggests that this FCO interface itself causes the British citizens on Montserrat to be treated as second class, or less than British Citizens in the UK.  It is felt that a Foreign Office would have its own intrinsic culture of ‘Us and Them’ and therefore may not be properly organised to deal with British Citizens in the OTs as equals.

 

  1. As indicated earlier, some thought should therefore be given to whether the OTs should have their own department at the top level of the UK Government or fall under a different ministry that does not cater to foreigners as their primary objective.  Another school of thought suggests that the FCO is the ideal ministry to manage the OTs since it lends itself to an easier separation from the UK if the Territory decides to choose that route in the future.  In any event, there must be close attention paid to ensuring that the FCO personnel who deal with the Territories are clear with regard to the policy objectives laid out in the White Paper, and also clear that they are in fact dealing with full British citizens and not foreigners.

 


Role of DfID

 

  1. Since the onset of the volcanic crisis, DfID has taken on the role of funding agency for Montserrat.  The relationship between DfID and Montserrat can best be described as a love-hate relationship that is fraught with challenges.  The people of Montserrat will always express their eternal gratitude for the funds that have been provided by the UK Government through DfID.  However, it is almost universally felt that DfID has not done enough for Montserrat with regard to targeted Development Aid.  It is said that DFID does not work to implement the objectives of the UK Government as outlined in the 2012 White Paper.   It is also a widely held belief that DfID officials are too involved in the decision making process in Montserrat, and sometimes unfairly impose their will on the Government of Montserrat.  This makes for an unhealthy relationship.

 

  1. The FCO should ensure that DfID with its 13 Billion Dollar budget adheres to the UK Government’s stated policy which says that Territories like Montserrat who are in need of Budgetary Aid do not have to compete with foreign countries for UK Aid funding.
    A more democratic mechanism should be developed which removes DfID from their seeming micromanagement of the Government of Montserrat’s budgetary processes.
    Funding should be provided for key transformational projects with firm timelines for completion.  For example, funding for a replacement hospital should no longer be the subject of debate after 23 years of providing healthcare from a 6o-year old school compound.

 

 

REPRESENTATION

 

  1. Montserrat is in some respects ruled by a duumvirate – a Governor and a Premier. The Premier derives his power from democratic elections while the Governor is appointed. The Governor and British administration wield real power which impacts the lives of people and the development path. The recent attempt to impose the Register of Beneficial Ownership is an example. It is to be remembered also that section 121 of the Constitution confers power on Her Majesty to make laws for Montserrat.

 

  1. A commonly held view, therefore, is that there ought to be some direct representation for the Territories either collectively or individually in the UK parliament. We do not present the precise modality; so this is tabled as an agenda item for urgent discussion. Reference was made to Guadeloupe, the US Virgin Islands, Puerto Rico and the Dutch Territories which all have some kind of inclusive representational arrangement.  Collectively, these provide inspiration and models even if we do not copy their nomenclature.

 

  1. Montserrat benefits from inclusion in the Commonwealth of Nations from being a British Overseas Territory. Scholarships for our young people is one of the major privileges.

 

  1. The UK is responsible for external affairs in Montserrat and it is through them that we have access to the European Market, EU funds and travel opportunities.

 

Representation in Regional Organisations

 

  1. Montserrat takes great pride in being members of both the Organisation of Eastern Caribbean States (OECS) and the Caribbean Community (CARICOM) where our own representatives can participate in diplomatic activity at the regional level. These institutions provide us with a platform for regional economic and social support. We are grateful to the UK government for the Entrustments which enable us to enjoy these memberships.

 

 

CONCLUDING COMMENTS

 

A New Aid Culture

 

  1. While the people of Montserrat are grateful to the UK Government for its assistance we do not expect to rely on continuous handouts. Many believe that we are treated as inferior citizens. The long drawn out saga of surviving with a makeshift hospital reinforces this view; and the elusive undefined “reasonable needs” is vexatious. We support the view that what is urgently needed, is for the UK to re-establish a Development Fund for OTs similar to the one under the Colonial Development and Welfare Act of 1945, but with an institutional structure of Cabinet level leadership and OTs’ participation.

 

Local Initiatives

 

  1. It was clear from the interviews that our people are prepared to be actively involved in their own development and destiny. With the prospect of key infrastructure such as a new hospital, breakwater and port along with geothermal energy and deposits from the volcano, we plan to give a welcome mat to investors, home-grown and foreign. We shall seek to increase our tiny population of 5000 by offering inducements for repatriation as part of a full blown Population Policy. We will fashion our education system to provide our youth with technical and entrepreneurial skills relevant to the island’s development along with a sense of civic pride.  We will also seek to do more to feed ourselves and consequently reduce the importation bill by investing more in agriculture and utilizing existing idle lands.

 

  1. A number of prominent citizens expressed the view that there is an urgent need to address the nationality issue of certain persons born in Montserrat and to Montserratians overseas.

 

  1. Finally, in an atmosphere of mutual trust and respect, we expect a termination of the minimalist approach to funding which begets perpetual dependence in favour of a funding policy aimed at sustainable development in the Overseas Territories.

 

September 2018

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