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Miscellaneous No. 2 (1983) Report of the Saint Christopher and Nevis Constitutional Conference London, December 1982 Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of HerMajesty January 1983 LONDON HER MAJESTY’S STATIONERY OFFICE £2-95 net Cmnd. 8796 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit REPORT OF THE SAINT CHRISTOPHER AND NEVIS CONSTITUTIONAL CONFERENCE HELD AT LANCASTER HOUSE, LONDON, IN DECEMBER 1982 1. The Saint Christopher and Nevis Constitutional Conference met at Lancaster House and held Plenary Sessions from 7 to 16 December. The list of delegates, officials and advisers who took part in the Conference is at Annex A. Mr. Cranley Onslow, MP, presided at the opening and closingsessionsandMr.J.S.ArthurpresidedovertheWorkingSessions. 2. At the opening session on 7 December, speeches were made by Mr. Onslow, Minister of State, the Chairman of the Conference; by Dr. Kennedy Simmonds, Premier of Saint Christopher and Nevis; by Mr. Lee Moore, Leader of the Labour Party delegation; and by Mr. Simeon Daniel, Minister of Finance and Minister for Nevis Affairs. The texts of these speeches are at Annex B. The Conference was then adjourned untilthefirstWorking Session on 9 December. The texts ofthe speechesmadeattheclosingsessionaregivenatAnnexC. 3. The Conference was convened in response to a Resolution passed bytheSt.KittsandNevisHouseofAssemblyon5 October 1982 requesting HerMajesty’sGovernmenttoarrangeforthemakingofanOrderinCouncil under Section 10(2) of the West Indies Act 1967 to end the status of association between the United Kingdom and the Associated State of Saint Christopher and Nevis. This Resolution followed a number of informal talks on the question of independence held both in the Associated State andin London overaperiod ofyears. In 1979 ithad been agreedbythe British Government that, subject to the satisfactory completion of the customary consultation and constitutional processes, St. Kitts and Nevis shouldmovetoindependenceasaunitarystateasearlyaspossiblein 1980, onthebasis ofproposals agreedwiththe thenGovernmentof St. Kittsand Nevis (nowthe Opposition); theseincluded a provisionthatwithinaperiod of 18 months after independence a referendum would be held among the Nevisians withinthe State to decide whether Nevis should continue aspart ofthe unitary state, or separate. The proposals were not accepted by the Parliamentary representatives ofNevis and lapsed when, after the General Election in February 1980, a coalition of representatives of the People’s ActionMovementand theNevis Reformation Partytook office. InJulyof 1982 the Government of the Associated State published a White Paper outlining proposals for independence. In the following month the Opposition also published proposals (in a Green Paper) setting out the conditions which they considered should be satisfied before independence should be granted; in particular, they maintained that a general election should be held first. The British Government, having considered the steps taken bythe Government of St. Kitts andNevis prior to the Resolutionin theHouseofAssemblyon 6 October, decided thatthenecessary conditions had been satisfied to justify the calling of a Conference to consider constitutionalproposalsforanindependent state ofSt. Kitts and Nevis and that a move to independence was in accordance with the wishes of the people. 2 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit 4. TheGovernmentdelegationpresenteddetailedproposals(intheform ofaDraft Constitution) whichreflected the terms ofits White Paper, The LabourParty delegation pointed outthatin their opinion the Government’s proposals for a National Assembly of St, Kitts and Nevis together with a separate legislature in Nevis, with powers to legislate in certain specified matters, did notconstitute afederation as normally understood. Moreover, the Government’s proposals amounted in effect to a separation of the two islands; alternatively, in equity, St. Kitts should have a separate legislature comparablewiththatproposedforNevis. 5. The Labour Party delegation were invited to submit to the Conference specific proposals reflecting their views, which they did. These proposals envisaged a federal state, in which the federal governmentwould be responsible for defence and external relations only, with separate legislatures in St. Kitts and Nevis responsible for all other matters in their respective islands. The federal Parliament would consist of the legislatures ofSt,KittsandNevis actingtogether. ThePrimeMinisterofthefederation would be alternately the Premierof one island or of the otherfor aperiod of one year each. Provision would be made for the withdrawal from the federation of either island by the passing of a bill through its legislature supportedbythevotesoftwo-thirds ofitselectedmembers. Anoutlinewas givenof the provisions for the St. Kitts constitution, based broadly on the terms of the existing Saint Christopher and Nevis Constitution (Statutory Instrument No, 1967/228). They did not include proposals for the Nevis Constitution, onthegroundsthatthe LabourPartyundertookonlytospeak for thepeople of St. Kitts, ofwhom, they claimed, a majority of those on St.KittswhovotedatthelastelectionhadvotedfortheLabourParty. 6. These proposals were totally unacceptable to the Government delegation who were not prepared to consider them in detail, They maintained that the basic purpose of the Conference was to consider the proposals publicly discussed in St. Kitts and Nevis and submitted by the constitutionally-elected Government. It was open to the Labour Party delegation to comment on or propose amendments to these proposals, but the Government did not accept the Labour Party’s contention that the Government’s proposals were equivalent to a separation of the two islands, and were not prepared to consider proposals made on this assumption. They pointed out that for the first time a Government of the State had beenableto formulateagreed proposalsforindependence ofthe Statewhile at the same time satisfying the justifiable concerns and anxieties of the people of Nevis; their proposals provided for the possible separation of Nevis from the State if the people of Nevis wished this but without any specific limit of time, unlike the agreement made between the British and St. Kitts and Nevis Governmentsin 1979, Provision to this effectwould be included(andentrenched)intheConstitution. 7. The Government equally did not accept the contention that the interests of the people of St. Kitts were at risk under their proposals and, consequently,didnotagreethattherewasanyneedforaseparatelegislature forSt.Kitts comparablewiththatproposedforNevis. 8. Apartfromthenewproposals concerningrelations between St. Kitts and Nevis and, in particular, the establishment of the separate Legislature 3 3144942 a2 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit : for Nevis, the Government’s proposals for the independence Constitution were based largely on the terms of the existing Constitution for the Associated State which had been in effect since 1967; in their contention their proposals reflected all shades of political opinion in the State. The proposals also reflected, where appropriate, the recommendations in the WoodingReportpublishedin 1970. Theconclusions ofthe Conference are listedbelow. The name of the independent state 9. The islands of Saint Christopher and Nevis should be a sovereign democratic federal state which should be described as the Federation of Saint Christopher and Nevis (or St. Kitts and Nevis), or simply Saint ChristopherandNevis(orSt.KittsandNevis). Theindependentstatetobeamonarchy 10. Her Majesty The Queen would be head of the independent State. Protectionoffundamentalrightsandfreedoms 11. (a) ProvisionwouldbemadeonthelinesoftheexistingConstitution for the protection of individual human rights. Additions to the existing Constitutional provisionswould include provisionforthe rightofapersonto belong to apoliticalparty or otherpolitical associationandprotectionoftheindividualagainstdiscrimination ongrounds ofsex,orbirthoutofwedlock, aswell as race,place oforigin,politicalopinionsoraffiliations,colourorcreed. (b) The Government agreed to consider proposals that where a person’spropertywascompulsorilyacquired,heshould beableto remit abroad any compensation subject to certain reasonable safeguardsandsubjecttothelawsofSt.KittsandNevis. (c) The Opposition called for the incorporation into the Constitution ofthe principle of the right to work, which they contended was merely a protection forthe employee against arbitrary dismissal. The Government did not accept this as a proper interpretation of “the right to work” and maintained that the necessary safeguards were being incorporated into a labour code and that suchconsiderationsweremorepropertoParliamentary legislation thantotheConstitution. Theynotedthatnosuchprovisionwas included in the Constitution of any non-Communist country, so faraswasknown. Governor-General 12. The Governor-General would be appointed by Her Majesty to perform functions similar to those of the Governor in the present Constitution. Parliament 13. TherewouldbenobasicchangestotheexistingConstitutionexcept for certain provisions concerning Nevis. The modifications would be as follows 4 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit (a) ThepresentHouseofAssemblywouldbecomeaNationalAssembly, which together with Her Majesty the Queen would constitute Parliament. The numberof constituencies wouldbe increased prior tothenextgeneralelectionfrom7inSt.Kittsand2inNevisto 8in St.Kittsand3inNevis. Ifsubsequentlythenumberofconstituencies weretobeincreasedbeyondthetotalof11,notlessthanone-thirdof theirnumberwouldbeintheislandofNevis. Theelectedmembers wouldbestyledRepresentatives. ThreeSenatorscorrespondingtothe existing nominated members (or such greater number as might be prescribedbyParliament)wouldsitintheNationalAssembly. (Z>) The Speakerneed notalreadybeamemberoftheAssemblybuton hisappointmentwouldbecomeamember,ifnotonealready. A (c) Representative or a Senator would have to be a citizen aged 21 years or upwards, to have been bom or had one parent bom in St. Kitts and Nevis and to be domiciled there on the date of his nomination. (d) Theminimumageforvoterswouldbe 18. (e) One-third of the Senators would be appointed by the Governor- General acting in accordance with the advice of the Leader of the Oppositionandthe othersinaccordancewiththeadviceofthePrime Minister. (/) Parliamentwouldnormallycontinueforfiveyearsfromthedateofthe firstsittingoftheNationalAssemblyafteradissolutionunlessitwere to be sooner dissolved. Sessions of Parliament would begin not later than 180 days from the end of the preceding session when Parliament had been prorogued or 90 days from the holding of a GeneralElectionifParliamenthadbeendissolved. (g)AElectionswouldbeheldwithin90daysofadissolutionofParliament. SupervisorofElectionswouldexercisegeneralsupervisionoverthe registration of voters and over the conduct of elections. The Opposition put forward a proposal for a single Elections and Boundaries Commission which should be an independent body, comprising several persons, to supervise elections. The Government opposed the idea of a joint Commission on the grounds that the presentpracticewassatisfactory,butaccepteda compromiseformula whereby the Supervisor of Elections would report to an Electoral Commissionofthreeindependentpersons,whichwouldbe convened as andwhennecessary. (h) A Boundaries Commission would be established consisting of a Chairman, two members oftheNationalAssemblyappointedbythe Governor-GeneralinaccordancewiththeadviceofthePrimeMinister andtwomembers oftheAssemblysimilarlyappointedinaccordance with the advice of the Leader of the Opposition. There was disagreement over the method of appointing the Chairman. Tire GovernmentproposedthattheChairmanshouldbe appointedbythe Governor-General actinginaccordance withthe advice ofthe Prime Minister given after the Governor-General had consulted with the LeaderoftheOppositionand suchotherpersonsashemaythinkfit. The Governmentmadethepointthatthis wasmore generous to the 5 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit Opposition than the provisions in the existing Constitution. The Opposition however wanted the Chairman to be nominated by the Governor-General afterconsultationwiththePrime Minister,Leader of the Opposition and other persons, followed by a vote in the NationalAssemblywithoutdebate. TheGovernmentwereunableto acceptthisproposal. (i) A specific provision would be included ensuring privileges and immunities for members and officers of the Assembly and of other persons concerned in the business of the Assembly in respect of immunityfromcivilorcriminalproceedingsinregardtowordsspoken before,orinwritinginareportto,theAssembly. (f) The Opposition proposed the creation of a Parliamentary Integrity CommissiontowhichMembersofParliamentwouldhavetodisclose assetsandinterests. TheGovernmentquestionedtheneedforsucha Commission to be established under the Constitution. In the Government’sview.Parliamentitselfcouldregulatemattersconcerning itsmembers’integrity. Executive 14. The provisions would follow closely the provisions of the existing constitution as to the appointment of Ministers, Cabinet, Leader of the Opposition,theappointmentofofficers suchasthe Secretaryto theCabinet and the Attorney-General, the control of public prosecutions and the appointmentofaCommitteeontheprerogativeofmercy. Finance 15. The provisions for finance in relation to the National Assembly would follow closely those of the existing constitution; similar provisions wouldbemadefortheNevisIslandAssembly. The Public Service 16. The structure of the Public Service Commission would follow the recommendation in theWooding Commission Report of 1970; Nevis would have special representation on the Public Service Commission with respect to the Nevis Administration. Otherwise the existing provisions would be followed. Judicial Provisions 17. These would continue to provide for constitutional questions to be referred to the High Court and for appeals on certain matters to Her MajestyinCouncilinrespectofdecisionsoftheCourtofAppeal. Citizenship 18- Generalprovision would be made for the automaticassumption of the citizenship of St. Kitts and Nevis by suitably qualified persons immediately on independence. Provision would be madefor persons born after independence to become citizens of St. Kitts and Nevis and for the registration of suitably qualified persons as citizens; husbands and wives wouldhave equalrights withregardto registration as citizens. Allpersons 6 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit ) : who already had belonger status under the existing Constitution, would automatically become citizens. Provision for dual citizenship and the renunciation and deprivation of citizenship would also be included. The Opposition objected to the Government’s refusal to define “parent” as including “step-parent” on the grounds that unmarried persons exercising theresponsibilities ofparenthoodin respect ofchildrenwho werenottheir ownwas an accepted socialfactinthe islands and shouldbeprovidedfor. The Government maintained that the provisions for adoption and for preventingdiscriminationagainstpersonsbomoutofwedlockwereadequate to cover this. The UK delegation proposed automatic citizenship at independencebyreferencebacktograndparents aswellas toparentsasthe Government was suggesting. The Governmentsuggested thatthe provision for citizenship by registration by reference to grandparents was adequate. The Opposition opposed the inclusion of aprovision whereby the Minister could refuse registration in the interests of defence,public safety orpublic order. The Government pointed out that similar provisions were included intheconstitutions ofotherCaribbeanStates. NEVIS 19. ProvisionsfortheautonomyofNevis withintheFederationandfor the secession of Nevis from the Federation would be entrenched in the Constitution,whichwouldincludethefollowing (a) TherewouldbeaNevisIslandLegislatureandAdministration. The Legislature would consist of Her Majesty and a Nevis Island Assembly consisting initially of five elected members. There would be three nominated members, or such greater number as might be prescribed by the Legislature, ofwhom the Governor-Generalwould appoint one-third on the advice ofthe Leader of the Opposition in the Assembly and the others on the advice of the Premier. The Legislature would have exclusive power to make laws for Nevis in certain defined matters, such as agriculture, hotels, housing, industry and roads,whichwouldbe setoutin a scheduleto theConstitution. Parliament would have power to legislate in respect of any matters notintheschedule. LawsexpresslyenactedbyParliamentinrespect of defence and external affairs would prevail over Nevis legislation, provided that afiathad firstbeenissuedbythe Governor-General. Cb The Administration would have exclusive administrative respon- sibilitywithin Nevis forcertain specificmatters such as airports and seaports; education; extraction and processing of minerals; fisheries; health and welfare; labour and licensing of imports and exports. Central Government would however retain responsibility for the formulation of policy and Parliament would have the power to legislateinthesefields. (c) The Premier of Nevis would have a general direction over public safety and. public order where this did not conflict with directions givenbythePrimeMinister. (d) In general the structure and conduct of the Legislature and AdministrationwouldbesimilartothoseofParliamentandthecentral government, 0) TherewouldbeaDeputyGovernor-GeneralfortheislandofNevis. 7 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit (/) There would be provision for a division of financial benefits and responsibilities as betweenNevis and St. Kitts. As for revenue, that collected by both St. Kitts and Nevis would be shared between CentralGovernmentandtheNevisAdministrationonthebasisofthe percentage of the country’s population found in St. Kitts and in Nevis respectively. Expenses on items other than those over which Nevis had exclusive legislative or administrative responsibility would bedividedintothecostofthoseservicesidentifiedasinternalineach island,e.g. telephone,postoffice(theInternalCommon Services) and other identified services, e.g. representation abroad (the External Common Services). The cost of Internal Common Services would bebornebyreferencetothecostineachisland. ThecostofExternal CommonServiceswouldbebornebyreferencetopopulation. (g) TheNevisIslandAdministrationwouldbeempoweredtoborrowand give guarantees. The Governor-Generalwould, however,make rules limiting the size of Nevis debt service commitments and ensuring appropriate prior consultation between the central government and theNevisAdministrationconcerningborrowing. Centralgovernment loans would be serviced according to the benefits received by each island. Debts outstanding at independence would be serviced accordingtotheamountattributabletoeachisland. (h) TheprovisionsforNevistosecedefromthefederationwouldrequire the introduction and the passage of a bill in the Nevis Assembly supported by a two-thirds majority of the elected members. This would subsequently need to be approved by a referendum in Nevis by not less than two-thirds of the votes cast by persons registered ontheParliamentaryelectoralroll. Furtherprovisions would ensure that adequate notification of the proposals for separation, including the proposals for its future Constitution, would be given to enable properdiscussionandexplanationtotakeplace. (0Arrangementswouldbemadeforindependentandimpartialobservers appointed by an independent international authority to observe the procedures involvedinthereferendum and to reportpublicly onthe mannerinwhichithadbeencarriedout. 20. The provisions for the Nevis Legislature and Administration, the financial provisions and the right of secession would be entrenched in the Constitution. 21. The Constitution would contain contingentprovisions in the event of the secession ofNevis. Appropriate modifications would automatically take effect so as to adaptitto the circumstances of St. Kitts as a separate state. In particular, the name of the state would be altered to Saint Christopher(orSt.Kitts)andtherewouldbearequirementthattheNational AssemblyshouldmeetinSt.Kittswithinaspecifiedtime. Date of Independence 22. It was agreed by the British Government that, subject to the satisfactory completion of the customary constitutional processes in the time available, Saint Christopher and Nevis should attain independence in September 1983 onthebasis oftheproposalspresentedbythe Government delegationandconsideredattheConference. 8 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit United Kingdom SaintChristopherandNevis Government Mr.CranleyOnslow,Mp TheHon.Dr.KennedyA.Simmonds Mr.J. S.Arthur TheHon. SimeonDaniel Dr.WilliamHerbert TheHon. S.W. TapleySeaton TheHon. MichaelO.Powell TheHon. IvorA.Stevens The Hon. Lee J. Moore of the Saint Christopher andNevis Opposition and his delegation did not attend the Closing Session of the Conference anddidnotsign the report. 9 3144942 B* PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit Annex A PRESENT: United Kingdom Delegation Mr. CranleyOnslow,Mp Mr.K. M.Williams (inthechair) Mr.J. D.P.Bickford Mr.MalcolmRifkind,Mp Mr.J. O. Hill LordSkelmersdale Mr.P. M. Campbell Mr.J.S.Arthur,cmg Mr.A.Parkinson ViscountDunrossil,cmg Mr.D. L.Marshall Mr. J.C.Edwards Mr.M. Cooper Mr.B.Attewell Miss S.E.Batten Mr.B.E.Pauncefort,obe Saint Christopher and Nevis Government Delegation TheHon.Dr.KennedyA. Simmonds Mr. S. Mills TheHon. SimeonDaniel MissC.Mitcham TheHon.MichaelO.Powell Mr.M.E.Bathurst,cmg,cbe,qc TheHon.IvorA. Stevens Mr. G. Knapp TheHon. S.W.TapleySeaton Mr.C. Bertie Dr.WilliamHerbert Mr.P. Lawrence Mr.A.R.Rushford,cmg Mr.J. Nisbett Mr.R.Simms Mr.N. Rawlins Mr.H.Heyliger Mr.R. Williams Saint Christopher and Nevis Opposition Delegation TheHon.LeeL. Moore Mr.F. Bryant TheHon. CharlesMills Mr.H. Browne TheHon.Esmond St. JohnPayne Mr.T. Hobson Mr.D. Bart Eastern Caribbean Commission in London H.E.Dr.C. C.Thomas,cmg Mr.C.Z.Edwards Mr.E.M.Edwards Secretariat Mr.M.L.H.Hope Mr. S. H.Palmer 10 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit