Falklands : Views on the FI Constitution
Submitted by Falkland Islands News Network (Juanita Brock) 09.10.2008 (Article Archived on 23.10.2008)
Earnest Spencer has strong views about the proposed new FI Constitution.
VIEWS ON THE FI CONSTITUTION
An Editorial by Earnest Spencer
Over recent years there have been reported many good initiatives in the Falklands that have benefited the population as a whole and indeed many new ideas and projects abound that can only, if managed judiciously, be to the further benefit of Falkland Islanders. To name but a few of these initiatives I mention the Islands Plan, Rural Strategy, the Economic Development Strategy Group and not least the New Port Development project.
Regrettably, now having read the proposed Falkland Islands Constitution Order 2008, I cannot discern its proposed additional benefits or how in any way it advances or consolidates the powers of internal self-government in the Falklands; nor how it intends to move forward on the path towards self-determination. It is so little different in these respects from the 1985 Constitution Order that I have to wonder what its purpose, if any, is at all. In fact I see nothing that could not have been dealt with as a procedural matter of law. Naturally I am not attempting a full analysis here, but a few constructive comments in which I express disappointment might not go amiss.
The Constitutions of Bermuda and Gibraltar give a vastly greater degree of internal self-government and rights to 'advise' the Governor when in exercise of 'special powers', or indeed any powers, to those countries than the FI obtains for itself in the proposed 2008 Constitution Order. For example the Executive authority in Gibraltar is the remit of the Government of Gibraltar not that of the Governor as defined in the Falklands 2008 Constitution. In addition Gibraltar has a cast iron guarantee that ... Her Majesty’s Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes:... written into their document. This commitment is currently not present in the published FI version.
There is also certainly an unwelcome strengthening of the powers of derogation, i.e. the overriding authority of the Government through its apparatus to take away or diminish the basic human rights of its citizens under whatever relevant circumstances it specifies under emergency and other superior powers.
It is also alarming to note that the right to grant Falkland Island Status is now qualified by the need to first be 'British'. This means that any otherwise perfectly qualified and suitable person of foreign origin who wants to apply for Falkland Island Status must initially as a process, and as a fact, get the permission of HMG by having first to become a British Citizen then apply for FI Status. This seems to me to be a diminution of the power of FIG to decide who will or will not become ostensibly a 'citizen' of the Falklands.
British Overseas Territories Citizens per se, as far as I can see, have the right to apply for registration as British Citizens under the British Overseas Territories Act 2002. So unless the FIG has lost the basic and unique right to decide who can become a Falkland Islander (i.e. a British Overseas Territory Citizen of the Falkland Islands) then this article seems to be surplus to requirements and possibly an unwarranted FCO imposition.
I was always under the impression that the aim of the Falklands in the exercise of self-determination was to consolidate and enhance its powers of self-government in Free Association with the government of the United Kingdom. Nowhere in the proposed Constitution Order 2008 is this ambition specified or referred to. Rather only the unspecific right to self-determination is mentioned which is a bit like including Mrs Beeton's Cookery Book but deciding never to do any cooking.
All time supporters of Falkland Island rights like myself, if they are to continue giving their unswerving and informed support would perhaps like to be kept informed about just what manner of self-determination it is they are supporting. I do not personally support the continued dedication to 1960's institutional colonialism implied in the 2008 proposals. Others are free to do as they choose.
As a now rather ancient Falkland Islander I much appreciate the inclusion of a specification of who is and who is not entitled to Falkland Island Status in the Constitution and that this right is cascaded down the nominated generations. However, and please except my own passing interest as irrelevant, some of those specified and included and currently living abroad might have even appreciated being consulted or advised regarding the future constitutional path of events given that they are constitutionally acknowledged as Falkland Islanders and perhaps been involved in some inclusive process. Who knows, by such a process you may have just raised enough interest among some of the younger and more active ones for them to actually become physically involved.
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