The next Constitution of the Virgin Islands is expected to shape the Territory for generations, defining the relationship between citizens and government, protecting rights, determining how power is exercised and establishing the framework for accountability.

But as formal constitutional negotiations between the Virgin Islands and the United Kingdom begin, a fundamental question now sits at the centre of the process:

Will the final Constitution truly reflect the voice of the people, or will it primarily reflect the priorities of those elected to negotiate on their behalf?

That question has gained renewed attention following remarks from the head of the United Kingdom delegation, Foreign, Commonwealth and Development Office official Nicholas Wareham, who said the UK’s goal is to help create a Constitution that reflects the views of Virgin Islanders.

“We want a constitution that fairly reflects your views,” Wareham said at the opening of the first round of talks.

His statement appears simple, but it carries significant weight given the long journey the Territory has taken to reach this point — a journey marked by public consultations, governance reforms, the Commission of Inquiry, debates over accountability and renewed discussions about the future relationship between the Virgin Islands and the United Kingdom.

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A Constitution Is More Than a Government Document

Wareham described a constitution as “a foundation” — the basis upon which a society is governed.

“It establishes rights and responsibilities for individuals and institutions,” he said, adding that it should contain principles that fairly represent everyone’s interests.

That philosophy is central to constitutional democracy.

A constitution does not belong to any one government or political party. It belongs to the people who live under it.

Unlike ordinary legislation, which can be changed by successive administrations, constitutions are designed to provide stability, protect citizens and establish limits on political authority.

For that reason, constitutional reform is normally viewed as a people-driven process rather than simply a political negotiation.

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The People’s Voice: The Constitutional Review Process

The current constitutional discussions did not begin at the negotiating table.

They began years earlier through the Constitutional Review Commission (CRC), an independent body tasked with gathering the views of the people of the Virgin Islands.

The Commission travelled throughout the Territory, engaging residents across Tortola, Virgin Gorda, Jost Van Dyke and Anegada.

Public meetings were held.

Written submissions were received.

Community groups, businesses, young people, civil society organisations and ordinary residents were invited to share their views about how the Territory should be governed.

The Commission examined issues including:

• the powers of the Governor;
• the authority of elected officials;
• accountability mechanisms;
• electoral reform;
• belongership and citizenship;
• residency requirements;
• the relationship between the Virgin Islands and the United Kingdom;
• the possibility of greater autonomy or independence;
• the structure and effectiveness of the House of Assembly.

The resulting report represented years of public engagement and contained numerous recommendations intended to strengthen governance and modernise the Territory’s constitutional arrangements.

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From Public Consultation to Political Negotiation

However, the path from public consultation to final negotiation has not been straightforward.

Once the CRC report reached the political arena, the recommendations became subject to debate, amendment and selection by elected representatives.

The House of Assembly reviewed the proposals and developed the position that would guide negotiations with the United Kingdom.

That process is consistent with the role of elected government.

However, it also created a point of tension: not every recommendation emerging from the review process was carried forward in its original form.

Some recommendations were modified.

Others were rejected.

Some issues that generated significant discussion among residents evolved during the political process before becoming part of the Government’s final negotiating position.

This has raised questions among some members of the public about whether the final proposals fully reflect the views expressed during consultations.

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The Five-Year Term Debate: A Lesson in Public Influence

One example demonstrates the complexity of the process.

The Constitutional Review Commission considered a proposal to extend the life of the House of Assembly from four years to five years.

The proposal generated debate.

However, during public discussions, many residents expressed concern that longer political terms could reduce accountability by giving elected officials more time between elections.

Ultimately, the House of Assembly did not advance the five-year term proposal.

That decision showed that public sentiment can influence the constitutional process.

However, it also highlighted a broader issue: while some recommendations may align with public opinion, others may be altered or removed as they move through the political process.

The central question is not whether every public recommendation must automatically become law, but whether the public can clearly see how their views shaped the final document.

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The Shadow of the Commission of Inquiry

The constitutional review has unfolded against the backdrop of one of the most significant governance crises in the Territory’s modern history.

The Commission of Inquiry, launched in 2021, examined concerns about governance, public spending, procurement, oversight and the use of public authority.

Its findings led to widespread discussions about strengthening institutions, improving transparency and creating stronger safeguards to prevent abuses of power.

Many of the reforms that followed focused on ensuring that public confidence in government could be restored.

The constitutional debate therefore carries added significance.

For many residents, the question is not only about the structure of government, but about how power is controlled, how leaders are held accountable and what protections exist when institutions fail.

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The UK’s Message: Listen to the People

Against that background, the UK delegation’s message is particularly significant.

Wareham said the United Kingdom respects the right of self-determination and wants to work with the Virgin Islands to develop a Constitution that serves the people.

The UK delegation has already begun meeting with young Virgin Islanders to hear their perspectives.

Discussions reportedly included:

• citizenship and status;
• governance;
• the UK-Virgin Islands relationship;
• independence;
• the need for greater public education about constitutional matters.

A recurring theme from young people was that many residents do not fully understand how constitutional decisions affect their daily lives, their rights and future opportunities.

That observation may be one of the most important lessons of the entire process.

A Constitution cannot truly belong to the people if the people do not understand it.

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The Final Test of Legitimacy

As negotiations continue, the ultimate measure of success will not simply be whether the Virgin Islands Government and the United Kingdom reach an agreement.

The real test will be whether Virgin Islanders recognise the final document as their own.

A Constitution gains legitimacy not merely because elected representatives approve it.

It gains legitimacy because citizens believe their voices were heard, their concerns were considered and their future was protected.

The Virgin Islands now stands at a historic crossroads.

After hurricanes, a pandemic, governance challenges and years of public debate, the Territory has an opportunity to create a constitutional framework that strengthens democracy for future generations.

But that opportunity depends on one principle:

The Constitution must not only be written for the people. It must be written with the people.

As negotiations continue into 2026 and beyond, the question that will define this process remains:

Will the final Constitution be a reflection of the people’s aspirations — or simply a document negotiated in their name?