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2003 Independence White Paper.


Challenges make you discover things about yourself that you never really knew. They're what make the instrument stretch - what makes you go beyond the norm.
Cicely Tyson (famous hollywood actress) of Nevisian Heritage.

Achieving our Aspirations

 

An Explanatory Paper on the Quest for the Independence of Nevis 

Prepared by the Nevis Island Administration July 2003

1.       Historical Background

 

The aspiration of the people of Nevis to be free to govern their own affairs has a long and deep-rooted history that dates back to the year 1882.   Prior to that date, the people of Nevis were free to determine the policies and programmes that governed the island albeit within the framework of a colony of England.

 

The freedom enjoyed prior to 1882 ended with an unwilling union with St. Kitts that was enforced by virtue of our colonial relationship.   Almost immediately, the people of Nevis began to advocate for a separation from St. Kitts.   The large majority of the instances in which we pressed our case for a return to self-governance are well documented, some of which are detailed below to illustrate the unwavering aspiration of the people of Nevis to be masters of their own destiny:

 

1.   In 1921, the people of Nevis wrote to the Secretary of State for the colonies in London requesting that His Majesty’s Government sanction the separation of Nevis from St. Kitts.

 

2.   In 1961, approximately four thousand persons assembled at Grove Park, Charlestown, in a demonstration sponsored by the United National Movement urging that Nevis secede from the union with St. Kitts.   At that demonstration, a resolution was moved by the people for Nevis to be separated from St. Kitts.       

 

3.   In 1975, the manifesto of the Nevis Reformation Party was in the following terms: “The Nevis Reformation Party will strive at all costs to gain secession for Nevis from St. Kitts – a privilege enjoyed by the island of Nevis prior to 1882.”

 

4.   On August 18, 1977, an unofficial referendum for secession was organized by the Nevis Reformation Party.   Of the 4,220 persons who voted, 4,193 voted ‘yes’ for secession, 14 persons voted ‘no’ and there were 13 spoilt ballots.

 

5.   Approximately 21 years after the unofficial referendum of August 1998, the people of Nevis once again voted in a referendum, this time in accordance with Section 113 of the St. Christopher and Nevis Constitutional Order 1983.  Of the 3,935 persons who voted, 2,427 voted ‘yes’, 1,498 voted ‘no’ and there were 11 rejected ballots. Approximately 62% of the electorate voted in favour of the separation of Nevis from the Federation of St. Kitts and Nevis.

 

2.       Prelude to Independence (1983)

 

Following the general elections of 1980, the Peoples Action Movement and the Nevis Reformation Party formed a coalition government for St. Kitts and Nevis.  Not long after, the government initiated discussions to move St. Kitts and Nevis into political independence.

 

The new government presented a White Paper and proposals for a new Constitution.  Included amongst these proposals were provisions for:

 

(a)        the creation of a Nevis Island Assembly, with increased  powers to make laws with exclusive control over 21 specified matters which are enshrined in Schedule 5 of the Constitution;

            (b)        the creation of the Nevis Island Administration; and,

            (c)        the right of Nevis to secede from the Federation of St. Kitts and Nevis as enshrined in Section 113 of the Constitution.

These provisions were undoubtedly included to signify the right of the people of Nevis to move our island into independence at the appropriate time.

 

On the other hand, the Labour Party, which until 1980 represented the dominant political force in St. Kitts, outlined its own vision for an independent St. Kitts and an independent Nevis.  The Labour Party’s philosophy was expressed in its Green Paper of 1982 and its manifestos of 1993, 1995 and 2000.   The Green Paper in particular,  stated in part that:

 

(a)        “nothing short of full and complete responsibility for their own affairs will satisfy the people of Nevis

 

            (b)        “the Labour Party interprets the results of the last General Elections in Nevis as an expression by the vast majority of the people of Nevis of a firm desire for the secession of Nevis from St. Kitts”

 

(c)        “each island should have its own separate constitution, legislature, government and political system”

 

(d)        “the people of each island should strengthen the bonds of friendship and family between the islands”

 

            (e)        “there should be a Treaty of Friendship between the islands which should provide for the free movement of people, trade and access to records with a joint committee to review relations between the islands on an ongoing basis”.

 

 

3.       A ‘Unique’ Constitution

 

On September 19, 1983, the islands of St. Kitts and Nevis became an independent nation known as the “Federation of St. Kitts and Nevis”. The Federation is governed by a constitution that is unique.

 

The new constitution contained a provision for the separation of Nevis from the Federation of St. Kitts and Nevis - Section 113,   which gives Nevis the right, whenever it desires, to cease to be federated with the island of St. Kitts on a successful referendum held on Nevis only!

 

It was the expressed intention of the Nevis Reformation Party to allow the people of Nevis a sufficient period within which to enjoy some semblance of self-governance, under the new constitution, before proceeding to full independence.  

 

4.       Post Independence

 

The Nevis Reformation Party soon found, however, that notwithstanding the new constitutional powers granted to Nevis, and its political alliance with the Peoples Action Movement in St. Kitts, the new Nevis Island Administration was hampered in its ability to carry out its constitutional obligations and had to face up to several harsh realities.  

 

The first among these was the fact that although exclusive powers were granted to the Nevis Island Administration, the Administration was fettered in its ability to carry out a large part of its constitutional functions. For example, the Nevis Island Administration has exclusive administrative authority over a number of areas.   Chief among these are education and health.   Whilst the Nevis Island Administration can administer education and health, the Nevis Island Legislature has no power to legislate over these two areas.

 

This amounted to the Nevis Island Administration being hamstrung with the economic responsibility to pay for education and health services, without any authority to make laws over these matters.   It is ironic that these two areas that require some of the largest expenditure, approximately 29% of the Nevis Island Administration’s recurrent budget, are outside the bounds of the law making authority of the Nevis Island Assembly.

 

The second harsh reality that faced the Nevis Island Administration was the paucity of economic resources to govern the island.   Almost from its inception, the Administration began to encounter financial difficulties.   Many of the cheques issued by the Administration were not honoured due to a lack of funds.   On numerous occasions public servants working for the Nevis Island Administration were not paid on time.   Overall, the Administration experienced severe constraints in meeting its new financial obligations.

 

This new reality was set in political circumstances where the Nevis Reformation Party continued with its coalition arrangement with the Peoples Action Movement in St. Kitts.   It must be noted that the vast majority of Nevisians and residents of Nevis leaving the Federation departed from St. Kitts.  This meant that departure taxes were paid in St. Kitts.   Furthermore, the bulk of cargo destined for Nevis entered the Federation through St. Kitts.   Custom duties were therefore paid in St. Kitts.

 

One of the other matters that continue to constitute a particularly sore point for Nevisians is corporation tax.     Many of the businesses that operate in Nevis are headquartered in St. Kitts.   This means that at the end of the financial year, when corporate taxes are due and payable, much of the taxes are paid to St. Kitts, despite the fact that profits for those businesses are derived from Nevis.

 

With the difficulties encountered in the legislative arena compounded by the economic realities, it was not long before the people of Nevis, once again, began to agitate for independence.


5.       The Emergence of the Concerned Citizens Movement

 

In the mid 1980’s the people of Nevis again became increasingly concerned about the economic and political partnership with St. Kitts. Despite the exclusive powers that were granted to the Nevis Legislature together with the economic empowerment of the Nevis Island Administration, many Nevisians were resolute in their view that only full independence would allow us to attain our full potential.

 

The fiscal problems, which plagued the Nevis Island Administration, as well as the various shortcomings inherent in the new constitutional arrangement, were sufficient to transform the rumblings of discontent into a pre-potent cry for change.   This cry was answered by the formation of a new political force in Nevis in the form of the Concerned Citizens Movement.

 

The party was formed with the specific intent of fostering a constitutional change in the relationship between St. Kitts and Nevis.   The Concerned Citizens Movement advocated from its very inception for constitutional reform that would allow Nevis to have greater autonomy in administering its own affairs and in its relationship with St. Kitts.  

 

On the June 1, 1992, the people of Nevis gave the mandate to the Concerned Citizens Movement to lead Nevis into the future. The Premier of Nevis, the Honourable Vance Amory, in his New Year messages for 1993, 1994, 1995 and 1996 pleaded for reform of the Constitution.

 

In preparation for the Federal Elections that were due in 1993, the Concerned Citizens Movement published a policy statement that outlined:

 

(a)        Constitutional reform was necessary for the people of Nevis to have full control over the legislative, political and economic decisions that affect the island.

 

(b)        The islands of St. Kitts and Nevis develop along lines that are conducive to the specific situations that are unique to each island.

 

(c)        The constitutional arrangement between the islands is absurd and serves only to frustrate the wishes of the people of Nevis.

 

(d)        The wishes of the Nevis Island Administration and the people of Nevis should not have to be sanctioned or approved by the Federal Government of St. Kitts.

 

(e)        Constitutional reform will take the affairs of Nevis out of the control of a political party in St. Kitts.

 

The Concerned Citizens Movement took on the responsibility of the government of Nevis with two primary objectives.   Firstly, it wanted to expand the economic base of the island by the diversification of the economy and providing and sustaining an economic environment, which encouraged and enabled investment.

 

Secondly, the new government embarked on an ambitious infrastructure development programme.   This initiative was based on the Concerned Citizens Movement’s view that the requisite infrastructure had to be in place in order for Nevis to achieve greater autonomy over its own affairs.   The programme included the total transformation of the Charlestown port, the construction of the Long Point deep-water harbour, a new Island Main Road Project and the upgrading and expansion of the airport.

 

6.       Prelude to the 1998 Secession Vote

 

One of the major planks of the Concerned Citizens Movement’s economic programme was the development of the financial services sector. The government recognized early in its tenure, the rapid growth of the financial services sector on the international market and its potential benefits  to the economy and people of Nevis. The island had already made inroads into this  sector with the enactment of legislation in 1984.

 

The government of the Concerned Citizens Movement made sweeping legislative reforms, which propelled Nevis into being regarded as one of the premier jurisdictions for international financial services.   These legislative changes soon sparked a total transformation in the local economy.   Within a relatively short period, revenue from the financial services sector constituted more than ten percent of direct revenue to government.   This burgeoning sector of the economy positively impacted the rental of office and residential accommodations, employment of Nevisians and general spending in Nevis.   Finally, it seemed that the economic vision of the government of the Concerned Citizens Movement was being transformed into reality.

 

No sooner had the Concerned Citizens Movement began to reap the benefits of its new economic initiative, that the Nevis Island Administration received the startling news that the National Assembly in St. Kitts was preparing legislation that was similar in purpose and intent to the financial services legislation which existed in Nevis.   What was most alarming to the Concerned Citizens Movement, the opposition Nevis Reformation Party and the Peoples Action Movement in St. Kitts, was that, the legislation attempted to undermine the legitimate constitutional authority of the Nevis Island Assembly and the Nevis Island Administration.   Even worse, was the fear that the economic transformation in the Nevis economy would be destroyed.

 

Out of a desire for self- preservation, to protect the economic gains achieved by the people of Nevis and to safeguard the integrity of the constitutional authority of institutions in Nevis, this development sparked the appointment of a Constitutional Committee by the Nevis Island Administration.   The responsibility of the Committee was to examine the deteriorating relationship between St. Kitts and Nevis and to advise the Administration whether the constitutional arrangement between the islands should continue.

 

In June 1996, all the Members of the Opposition in the National Assembly in St. Kitts objected to the introduction of four Bills into the Federal Parliament.   Despite the objections the Bills were introduced and received their first reading.   Thus began the Concerned Citizens Movement’s journey to seek independence for Nevis in accordance with section 113 of the Constitution of St. Christopher and Nevis.

 

The Nevis Island Administration engaged the services of noted constitutional scholar Dr. Lloyd Barnett to assist with the draft of a new constitution for Nevis.   The leader of the Concerned Citizens Movement and Premier of Nevis, the Honourable Vance Amory, began extensive lobbying efforts with regional leaders and the accredited diplomatic corps and articulated the reasons why Nevis was pursuing its goal for independence.

 

The Nevis Island Administration also published a White Paper outlining its vision for an independent Nevis. This was followed shortly by a Paper showing the financial implications of secession.   On  June 17, 1997, the Secession Bill received its first reading in the Nevis Island Assembly.   On October 13, 1997, the Secession Bill was passed by the unanimous vote of all the elected Members of the Nevis Island Assembly.

 

The Draft Constitution for the island of Nevis was tabled in the Nevis Island Assembly on November 13, 1997.   The Administration later appointed a Constitutional Committee with the following terms of reference:

 

“To hold public meetings throughout Nevis and invite all shades of public opinion on the proposed constitution” and,

 

“To advise the Administration of what changes (if any) should be made to the proposed constitution”.

 

On June 12, 1998, the Constitutional Committee presented its report to the Honourable Premier. On July 13, 1998, the Nevis Island Assembly passed a Resolution setting August 10, 1998, as the day for the people of Nevis to vote in a referendum for the secession of Nevis from the Federation of St. Kitts and Nevis.   In accordance with Section 113 of the Constitution, the regional election observer group “Citizens Allied for Free and Fair Elections (CAFFE)” arrived in Nevis to observe the referendum.

 

At the close of polling, the votes cast in favour of Nevis seceding from the Federation were 2,427 and the votes cast against numbered 1,498.  There were 11 rejected ballots. Nevis missed its opportunity for independence by the narrowest of margins.

7.       A New and Different Approach

 

Since the 1998 referendum, the Nevis Island Administration has reviewed and analysed exhaustively possible factors which resulted in that two-thirds “yes” vote not being achieved. The Administration acknowledges the concerns expressed then by the people, which might have helped to cause the marginal defeat.  Such concerns included inadequate public education, insufficient involvement of the social partners and the political disharmony on the island. Additionally, an acrimonious environment clouded the relationship between St. Kitts and Nevis at that particular time.  Due to the nature of this relationship between the two islands, the Federal Government was not minded to engage in any discussions with regard to a possible future relationship.

 

Within an atmosphere of consultation and dialogue, both the Federal Government in St. Kitts and the Nevis Island Administration are even more persuaded that the present constitution does not operate in the best interests of St. Kitts and Nevis.   It is out of this reality that a Select Committee of the Federal Parliament was appointed to examine the way forward for St. Kitts and Nevis.  The Concerned Citizens Movement has met with this Select Committee and articulated its vision for an independent Nevis. The Nevis Island Administration has had meetings with the opposition Nevis Reformation Party in an effort to have a bipartisan approach towards our independence. Both the Concerned Citizens Movement and the Nevis Reformation Party have indicated their preference not to participate in another Federal Election. This view was expressed at a joint meeting of parliamentarians of the Federation, held in St. Kitts on February 18, 2003.

 

Having examined the multiplicity of views and options, regarding the future constitutional relationship between Nevis and St. Kitts, including the concept of a true Federation based on equity and the concept of a Confederation, the Nevis Island Administration has determined that the most conclusive, harmonious and practical approach is through the constitutional route available by way of Section 113, which allows for the separation of Nevis from St. Kitts.

 

The Concerned Citizens Movement-led Administration has met and canvassed the views of Social Partners, the Christian Council and Evangelical Association, Nevis Chapter of the Chamber of Industry and Commerce, Nevis Hotels and Tourism Association, Permanent Secretaries and Senior Public Servants, Representatives of Community and Youth Groups, to list a few.

 

The Concerned Citizens Movement-led Administration is also engaged in continuing dialogue with the Federal Government to ensure a smooth transition without any element of uncertainty.   This new and different approach seeks to inform all stakeholders and to solicit their support in our desire to serve the best interests of the people of Nevis and the people of St. Kitts as two separate and independent states.  To this end, the Nevis Island Administration is proposing a “Treaty of Friendship and Cooperation”  between an independent Nevis and an independent St. Kitts which will address issues of travel, trade, property and security, among other things.

 

 

8.       Travel

 

This topic appears to be the single greatest area of concern to most Nevisians.   The people of these two islands have always enjoyed unimpeded access to conduct their business, further their education and engage in social interaction.   It is our view that these long established traditions should continue between the two islands.  

 

In light of this, the Administration proposes that:

 

            (a)        Nevisians travelling to St. Kitts from Nevis or Kittitians travelling to Nevis from St. Kitts would not require any travel documents.

(b)        Tourists, residents and visitors, would only show proof that they were   admitted to either of the islands, if required.

 

9.       Trade

 

One of the pillars of the economic success of St. Kitts and Nevis is the ability of our people to interact on matters of trade without prohibition.   The Administration is mindful of the fact that a harmonious and equitable trade structure is central to the viability of the entire Caribbean Community.   In order to achieve a trade relationship that serves the best interests of our two islands, the Administration proposes that:

 

(a)        Goods that are produced in Nevis or St. Kitts, including but not limited to agricultural products, manufactured goods and seafood, be traded freely between the islands without the imposition of any duties or taxes.

 

(b)        Duties and/or taxes on goods, which are produced outside St. Kitts and Nevis and shipped through one island destined for the other, are placed in bond, so that the duty only be paid at the port of consignment.

 

(c)        A committee be established, with representatives from each island to review on an on-going basis the matter of trade between the islands.

 

10.     Property

 

Under the present constitutional arrangement, citizens of St. Kitts and Nevis are at liberty to hold properties in either island without the need for an alien land holding license.   The Nevis Island Administration proposes that citizens of St. Kitts and an independent Nevis, be allowed to hold property in either island without the requirement of obtaining a license.

 

11.     Work Permits

 

The people of St. Kitts and the people of Nevis have always enjoyed the right to work within either island without any restriction.   The Administration has noted the actions taken by the Caribbean Community to encourage the employment of professional persons within the islands regardless of nationality.   We firmly believe that this right to work within St. Kitts and Nevis should not be abrogated in any respect.

 

Nevisians travel daily to St. Kitts to work just as Kittitians travel daily to Nevis for the same purpose.   We are convinced that nationals of Nevis and St. Kitts should be free to pursue employment and business opportunities in either island.   The Administration proposes that Nevisians do not require a permit to work in St. Kitts, and by the same token, Kittitians do not require a permit to work in Nevis.  

 


 

12.     Security

 

The Nevis Island Administration proposes to assume responsibility for the Police, Prison, Coast Guard and Fire Services after independence. The Administration recognizes the importance of the security forces to the maintenance of law and order and thus is resolute in ensuring that this transfer of authority is effected smoothly.

 

The Administration is of the view that members of the police force have given impartial and distinguished service to our island over these many years and is therefore committed to retaining the institutional knowledge that now resides in the force.  It is also the intention to increase the complement of the force to enable officers to better carry out the performance of their duties.

 

The Administration proposes that our own Coast Guard patrol the borders of Nevis. Its primary functions would be to provide search and rescue services.   Due to the close proximity of the two islands, we also propose that a Committee be appointed with representatives from both islands to have regular meetings and share information on any issues of security.  We propose that one of the first considerations for the Committee should be an action plan to prevent criminal elements avoiding capture by fleeing to the territorial waters of either island.

 

The Administration is cognizant of the threat posed by drug and weapons trafficking to the stability and integrity of our social and political institutions.   It is our sworn duty to do all that is within our power to nurture and strengthen the institutions that work to safeguard our shores from the scourge of drugs and weapons trafficking.   We will join with the regional and international community to eradicate these activities.

 

13.     Social Security

 

The matter of Social Security commands paramount interest across all sectors of the St. Kitts and Nevis society.   This is completely understandable as every single person is impacted in one way or another by the benefits to be derived from the social security programme.   It is out of this recognition of the importance of this programme to all of us why we now propose that the social security programme continue to be conducted under the present arrangement until the Government of Nevis determines the appropriate time to establish its own independent scheme.

 

Although we would wish to see equal representation on the Social Security Board, we must be cognizant of the difference in populations and contributions. The Administration however wishes to see several changes which, to our minds, will ensure greater protection of the contributions and entitlement of the people of Nevis. 

 

For example, the Administration proposes that any loan or grant funding by the Social Security Board to either the Government of St. Kitts or the Government of Nevis, must obtain the approval of every single member of the Board.   This will also apply to any loan or grant funding to any Government related agency or institution on either island.   By having this safeguard in place we believe that the benefits to both Nevisians and Kittitians can continue without detriment to the fund or contributors from either island.


14.   National Assets

 

The Nevis Island Administration recognizes that the Federal Government exercises control over several national assets including National Bank, St. Kitts and Nevis Development Bank and shares in Cable and Wireless - St. Kitts and Nevis Limited.   The Administration proposes to negotiate the division of these assets with the Federal Government.

15.     Why “Now” is the Right Time

 

The decision to move our island once again towards independence is the result of intense discussions on what future course is best suited for us as a people.   Having consulted with the major stakeholders in Nevis, and having examined and analysed the report of the Parliamentary Select Committee, the Administration is absolutely convinced that the prevailing opinion throughout the entire Federation is for the political and economic separation of the two islands. 

 

The Nevis Island Administration is cognizant of the common expressed preference by both the Concerned Citizens Movement and the Nevis Reformation Party not to participate in another Federal Election.   This common position has served to fortify the aspirations of all stakeholders to have an environment that is free of acrimony and party politics.  

 

Separate and apart from the supporting views and opinions of all sectors of the population of St. Kitts and Nevis, there are three additional factors that serve to support the decision for independence.   These are the development of our physical infrastructure, the maturity of the parliamentary and democratic process in Nevis and the financial viability of an independent Nevis.

 

16.     The Infrastructure

 

One of the cornerstones for economic development, foreign investment and social harmony, is the development of the infrastructure of a country.   This development normally envisages the construction of suitable and appropriate facilities for air and sea transport as well as ease of travel within the geographical boundaries of a jurisdiction.

 

As stated earlier, the Concerned Citizens Movement party in government assumed office with the stated priority commitment to tackle the infrastructural challenges that inhibited the progress towards independence.  The people of Nevis have, over the last several years, witnessed the spectacular transformation of the Nevis landscape.   Perhaps no other project has impacted the lives of our people than completion of the first phase of the Island Main Road Project.   This project has certainly had a positive effect on all our people in terms of the enhanced driving comfort, reduced travel time and reduced expenditure on fuel and spare parts.

 

Since the commencement of our tenure in office, the Concerned Citizens Movement made it an obligation to address the state of the Charlestown Pier.   The remarkable change in the aesthetics of the pier and its conversion to accommodate mainly passenger traffic has served to virtually eliminate the congestion which had become so endemic to this part of Charlestown.   The opening of Long Point Port has transformed the way Nevis handles the importation of cargo.   Matters relating to customs can now be transacted in an atmosphere which is conducive to business and which recognizes the value of time.  

 

The extension of the runway, construction of a new control tower and the opening of the terminal building at the Vance W. Amory International Airport were pivotal moments in the history of air transport for our island.   We can now boast of a modern, state-of-the-art facility that rivals any other airport in the Caribbean in terms of services offered to passengers.   The fact that our airport can now accommodate the American Eagle and LIAT is certainly a source of pride for all of us.   The ability to travel direct to the major regional gateway in Puerto Rico has considerably reduced the amount of time expended by travellers arriving and departing from Nevis.

 

17.     Political Maturity

 

The Constitution of St. Kitts and Nevis is unique among constitutions for a federation.   Its uniqueness is derived from the fact that it empowers the Nevis Island Legislature to make laws that cannot be abrogated by the National Assembly.   This exclusive law making power was enshrined in the Constitution for the special purpose of allowing the island of Nevis to develop the political and legislative maturity to proceed into independence.

 

We have, as an island, over the last twenty years, created a vibrant and dynamic political and legislative culture that embodies the very essence of democracy.   We the people of this jewel in the Caribbean have repeatedly demonstrated our commitment to all the principles that are sacred to the preservation of the democratic process and democratic institutions.

 

The people of Nevis have enjoyed the orderly transfer of political power from one political party to the next.   Our people have engaged in free and fair elections resulting in representatives elected by the free will of the people.   The Nevis Island Legislature has passed volumes of laws in the exercise of its law making authority.   Moreover, the person occupying the President’s chair has always been vigilant and unrepentant in ensuring that the voice of every Member of the Nevis Island Legislature is heard and that decorum prevails at its every sitting.   This is indeed the hallmark of a true democratic society in spirit and action.


18.     Financial Viability

 

The Nevis Island Administration recognizes that the people of Nevis wish to be fully informed of the financial impact that the independence initiative will have on our island.

 

Having assessed the financial impact of independence, the Nevis Island Administration is absolutely convinced that the independence of our island is a financially viable undertaking. In view of this, the Cabinet of the Nevis Island Administration has directed the Ministry of Finance to compile the necessary financial details and have them independently validated. Such details will be incorporated in a Financial Paper, which will be distributed shortly, so that the people of Nevis will have the chance to examine for themselves the financial viability of independence.  



19.     Constitutional Process

 

On Monday, June 23, 2003, the Administration sought and received approval of the Nevis Island Assembly to formally begin the process of moving Nevis towards independence.  So that the people become fully knowledgeable of the constitutional requirements to achieve our independence, Section 113 of “The Saint Christopher and Nevis Constitution Order 1983” is reproduced verbatim, herewith:

 

113.- (1) The Nevis Island Legislature may provide that the island of Nevis shall cease to be federated with the island of Saint Christopher and accordingly that this Constitution shall no longer have effect in the island of Nevis.

 

(2) A bill for the purposes of subsection (1) shall not be regarded as being passed by the Assembly unless on its final reading the bill is supported by the votes of not less than two-thirds of all the elected members of the Assembly and such a bill shall not be submitted to the Governor-General for his assent unless-

a)   there has been an interval of not less than ninety days between the introduction of the bill in the Assembly and the beginning of the proceedings in the Assembly on the second reading of the bill;

 

b)   after it has been passed by the Assembly, the bill has been approved on a referendum held in the island of Nevis by not less than two-thirds of all the votes validly cast on that referendum; and

 

c)   full and detailed proposals for the future constitution of the island of Nevis (whether as a separate state or as part of or in association with some other country) have been laid before the Assembly for at least six months before the holding of the referendum and those proposals, with adequate explanations of their significance, have been made available to the persons entitled to vote on the referendum at least ninety days before the holding of the referendum.

 

(3) Every person who, at the time when the referendum is held, would be entitled to vote at elections of representatives held in the island of Nevis shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by the Nevis Island Legislature for the purpose of the referendum and no other person shall be entitled so to vote.

 

(4) In any referendum for the purposes of this section, the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

 

(5) The conduct of any referendum for the purposes of this section shall be the responsibility of the Supervisor of Elections and the Provisions of subsections (4), (5) and (7) of section 34 shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his function with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of Representatives.

 

(6) There shall be such provision as may be made by the Nevis Island Legislature to enable independent and impartial persons nominated by an international authority to observe the conduct of a referendum for the purposes of this section and to make reports on the conduct or results of the referendum to the Governor-General, who shall cause any such reports to be published, and for that purpose any such persons shall be accorded such powers, privileges and immunities as may be prescribed by or under any law enacted by Parliament or, subject thereto, by or under any law enacted by the Nevis Island Legislature.

 

(7) A bill for the purposes of subsection (1) shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the president of the Assembly that the provisions of subsection (2) have been complied with and a certificate under the hand of the Supervisor of Elections stating the results of the referendum.

 

(8) The certificate of the president of the Assembly under this subsection shall be conclusive that the provisions of subsection (2) have been complied with and shall not be enquired into in any court of law.

 

 

20.     Post Referendum

 

Following a successful referendum vote,  the Nevis Island Administration will through a Resolution of the Nevis Island Assembly approve a date on which the island of Nevis will become  Independent.  In the interim, the Administration will, among other things,  finalize issues in relation to the Treaty of Friendship and Cooperation between Nevis and St. Kitts;  formally judge submissions for our new flag, coat of arms, and national anthem; and, formalize our applications for membership into selected regional and international institutions.

 

21.     Conclusion

 

The Nevis Island Administration is now ready to embark on another effort to secure the independence  of Nevis. We have sought to achieve this result by having extensive dialogue with all the political stakeholders who will be affected by a change in the relationship.   We have also encouraged an amicable approach, by all the parties, in order that both the people of St. Kitts and the people of Nevis will have a smooth transition into two separate states.   Moreover, we have ensured, more than anything else, that we are consulting with the people of Nevis.

 

The Nevis Island Administration understands that many persons will harbour some misgivings with respect to the future relationship between the two islands, bearing in mind the close ties of family and friendship that exists between us.   We believe that we can address these concerns by outlining below the vision that we have for an independent Nevis.

 

This vision is the direct result of countless hours of discussion by the Members of the Administration, after canvassing the views of social partners and the people of Nevis, to ensure that the close ties between the people of the two islands will continue, after independence, without interruption or inconvenience.   Our vision will be the subject of extensive negotiations with the political directorate in St. Kitts, as we believe that they too will want to encourage the enduring bonds of family and friendship.

 

The vision that we propose for an independent Nevis addresses what we consider are the most important matters that will affect our transition into independence. The Administration, by no means, considers the subjects set out in this paper as being an exhaustive coverage of every single item that will affect an independent Nevis.   Our intent is to put before the people our vision of those important areas that will be directly affected by our move towards independence.   In many instances, it will be noted that some of the most important areas concern both the people of St. Kitts and the people of Nevis.

 

The Nevis Island Administration has tried throughout this paper to present, in an abbreviated form, the reasons why we consider that the timing is perfect to journey again down the road to our independence.   The convergence of factors in our favour, compel us to take the initiative and move the process forward as expeditiously as possible.  The Administration is committed to work tirelessly in reaching the goal of independence for our beloved island.

 

On this occasion we have had the privilege of including all the stakeholders, from every segment of the society, in the discussions up to this stage of the process.   Although the process is in the beginning of the constitutional stage, we have only reached thus far as a result of the encouragement, zeal and commitment of the people of this island.   As we move to establish our identity amongst the community of nations, we call on all the people of Nevis to join with us to achieve what our parents and grandparents have toiled and fought so hard for so many years to achieve:  the political and economic independence of Nevis!