| BRITISH VIRGIN ISLANDS British Virgin Islands British Virgin Islands (Self governing overseas territory of the United Kingdom) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Click here Updated 10/05/10 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Road Town
24,491 (July 2010 est.)
Ralph T. O'Neal
Premier since 23 August 2007
Premier since 23 August 2007
The monarch is hereditary; the Governor appointed by the monarch;
Next scheduled election: None
Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Following legislative elections, the leader of the majority party or
the leader of the majority coalition is usually appointed Premier
by the governor
Next scheduled election: 2011
the leader of the majority coalition is usually appointed Premier
by the governor
Next scheduled election: 2011
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Black 82%, white 6.8%, other 11.2% (includes Indian and mixed) (2008)
| RELIGIONS |
Protestant 86% (Methodist 33%, Anglican 17%, Church of God 9%, Seventh-Day Adventist 6%, Baptist 4%, Jehovah's Witnesses 2%,
other 15%), Roman Catholic 10%, other 2%, none 2% (1991)
other 15%), Roman Catholic 10%, other 2%, none 2% (1991)
| GOVERNMENT STRUCTURE |
Overseas territory of the United Kingdom; internal self-governing with 0 administrative divisions; Legal system is English law
Executive: The monarch is hereditary; governor appointed by the monarch; following legislative elections, the leader of the majority party
or the leader of the majority coalition is usually appointed premier by the governor
Legislative: Unicameral House of Assembly (13 elected seats and 1 non-voting ex officio member in the attorney general;
members are elected by direct popular vote, 1 member from each of nine electoral districts, 4 at-large members; to serve four-year
terms)
elections: last held 20 August 2007 (next to be held in 2011)
Judicial: Eastern Caribbean Supreme Court, consisting of the High Court of Justice and the Court of Appeal (one judge of the
Supreme Court is a resident of the islands and presides over the High Court); Magistrate's Court; Juvenile Court; Court of
Summary Jurisdiction
Executive: The monarch is hereditary; governor appointed by the monarch; following legislative elections, the leader of the majority party
or the leader of the majority coalition is usually appointed premier by the governor
Legislative: Unicameral House of Assembly (13 elected seats and 1 non-voting ex officio member in the attorney general;
members are elected by direct popular vote, 1 member from each of nine electoral districts, 4 at-large members; to serve four-year
terms)
elections: last held 20 August 2007 (next to be held in 2011)
Judicial: Eastern Caribbean Supreme Court, consisting of the High Court of Justice and the Court of Appeal (one judge of the
Supreme Court is a resident of the islands and presides over the High Court); Magistrate's Court; Juvenile Court; Court of
Summary Jurisdiction
| LANGUAGES |
English (official)
| BRIEF HISTORY |
The first recorded settlement of the Territory was by Arawak Indians from South America, in around 100 BC. However, there is
some dispute about the dates. Some historians place it later, at around 200 AD, but they suggest that the Arawaks may have been
preceded by the Ciboney Indians, who are thought to have settled in nearby St. Thomas as early as 300 BC. There is some
evidence of Amerindian presence on the islands as far back as 1500 BC, although there is little academic support for the idea of a
permanent settlement on any of the current British Virgin Islands at that time. The Arawaks inhabited the islands until the 1400s
when they were displaced by the more aggressive Caribs, a tribe from the Lesser Antilles islands, after whom the Caribbean Sea is
named. Some historians, however, believe that this popular account of warlike Caribs chasing peaceful Arawaks out of the
Caribbean islands is rooted in simplistic European stereotypes, and that the true story is more complex. None of the later European
visitors to the Virgin Islands ever reported encountering Amerindians in what would later be the British Virgin Islands, although
Columbus would have a hostile encounter with the Carib natives of St. Croix. The first European sighting of the Virgin Islands was
by Christopher Columbus in 1493 on his second voyage to the Americas. Columbus gave them the fanciful name Santa Ursula y las
Once Mil Vírgenes (Saint Ursula and her 11,000 Virgins), shortened to Las Vírgenes (The Virgins), after the legend of Saint Ursula.
He is also reported to have personally named Virgin Gorda (the Fat Virgin), which he thought to be the largest island in the group.
The Spanish claimed the islands by original discovery, but did nothing to enforce their claims, and never settled the Territory. In
1508 Juan Ponce de León settled Puerto Rico, and reports in Spanish journals suggested that the settlement used the Virgin Islands
for fishing, but nothing else. It is unclear whether they sailed as far the modern British Virgin Islands to fish, and the references may
be to the present U.S. Virgin Islands. In 1517 Sir Sebastian Cabot and Sir Thomas Pert visited the islands on their way back from
their exploration of Brazilian waters. Sir John Hawkins visited the island three times, firstly in 1542 and then again in 1563 with a
cargo of slaves bound for Hispaniola. On his third visit, he was accompanied by a young Captain by the name of Francis Drake in
the Judith, for whom the central channel in the British Virgin Islands would later be named. The English monarch, King James I,
granted a patent to the Earl of Carlisle for Tortola, as well as "Angilla, Semrera (Sombrero island) & Enegada". He also received
letters of patent for Barbados, St. Kitts and "all the Caribees" in 1628. Carlisle died shortly after, but his son, the 2nd Earl of
Carlisle, leased the patents to Lord Willoughby for 21 years in 1647. Neither ever attempted to settle the northern islands. It was a
Dutch privateer named Joost van Dyk who organised the first permanent settlements in the Territory in Soper's Hole, on the West
end of Tortola. It is not know precisely when he first came to the Territory, but by 1615 van Dyk's settlement was recorded in
Spanish contemporary records, noting its recent expansion. He traded with the Spaniards in Puerto Rico and farmed cotton and
tobacco. Some sources suggest that the first settlements in the Virgin Islands were by the Spanish, who mined copper at the copper
mine on Virgin Gorda, but there is no archaeological evidence to support the existence of any settlement by the Spanish in the
islands at any time, or any mining of copper on Virgin Gorda prior to the 1800s. By 1625 van Dyk was recognised by the Dutch
West India Company as the private "Patron" of Tortola, and had moved his operations to Road Town. The settlements were not
ultimately an economic success, and the evidence suggests that the Dutch spent most of their time more profitably engaged in
privateering (or piracy, depending upon one's perspective) than trading. The lack of prosperity of the territory mirrored the lack of
commercial success of the Dutch West India Company as a whole. In 1665 the Dutch settlers on Tortola were attacked by a British
privateer, John Wentworth, who is recorded as capturing 67 slaves which were removed to Bermuda. This is the first official record
of slaves being held in the Territory. Subsequently in 1666 there were reports that a number of the Dutch settlers were driven out by
an influx of British "brigands and pirates", although clearly a number of the Dutch remained. The British Virgin Islands came under
British control in 1672, at the outbreak of the Third Anglo-Dutch War, and have remained so ever since. The circumstances of the
British taking control however are somewhat uncertain. The Dutch averred that in 1672 Willem Hunthum put Tortola under the
protection of Colonel Sir William Stapleton, the English Governor-General of the Leeward Islands. Stapleton himself reported that
he had captured the Territory shortly after the outbreak of war. By the Treaty of Westminster of 1674, the war was ended, and
provision was made for mutual restoration of all territorial conquests during the war. The British initially claimed St. Thomas (and St.
John as well), but in 1717 the Danish disputed their claim to those islands. In contrast to the long dispute over ownership of Tortola,
the dispute over St. Thomas was settled readily with a year. The Danish claim was strong; they had the benefit of the Treaty of
Alliance and Commerce of 1670 between Britain and Denmark, which led to the founding of the Danish West India Company in
1671 which its charter permitted it to take possession of and occupy the two islands. On 25 May 1672 the Danes took possession
of St. Thomas, and discovered it to have been abandoned by the British settlers some weeks earlier. The British could scarcely
object to the Danes retaining the island. Even after British control of the Territory became complete, population infiltration was slow.
The Territory was granted a Legislative Assembly on 27 January 1774, however, it took a full further decade for a constitutional
framework to be settled. Between 1760 and 1800 the British significantly upgraded the defences of the Territory. Uprisings in the
Territory were common, as they were elsewhere in the Caribbean. The first notable uprising in the British Virgin islands occurred in
1790. Subsequent rebellions also occurred in 1823, 1827 and 1830, although in each case they were quickly put down. The
abolition of slavery occurred on 1 August 1834, and to this day it is celebrated by a three day public holiday on the first Monday,
Tuesday and Wednesday in August in the British Virgin Islands. The original emancipation proclamation hangs in the High Court. In
1834 the Territory was an agricultural economy with two main crops: sugar and cotton. Of the two, sugar was the considerably
more lucrative export. Shortly after the abolition of slavery the Territory was rocked by a series of hurricanes. At the time, there
was no accurate method of forecasting hurricanes, and their effect was devastating. A particularly devastating hurricane struck in
1837, which was reported to have completed destroyed 17 of the Territory's sugar works. Further hurricanes hit in 1842 and 1852.
Two more struck in 1867 and 1871. To compound these miseries, in 1846 the United Kingdom passed the Sugar Duties Act 1846
to equalise duties on sugar grown in the colonies. In 1887 a plot for an armed rebellion was uncovered. In 1890 a dispute over
smuggling led to further violence, and a Long Look resident, Christopher Flemming, emerged as a local hero simply for standing up
to authority. In 1901 the Legislative Council was finally formally dissolved, and the islands were then officially administered through
the Governor of the Leeward Islands, who appointed a commissioner and an executive council. As a result of the demonstrations
the previous year, the Legislative Council was reinstituted in 1950 under a new constitution. The reformation of the Legislative
Council is often left as a footnote in the Territory's history - a mere part of the process that led to the more fundamental
constitutional government in 1966. Elections followed in 1967, and a comparatively young Lavity Stoutt was elected as the first
Chief Minister of the Territory. The fortunes of the Territory dramatically improved in the late twentieth century with the advent of
the offshore financial services industry. Former president of the BVI's Financial Services Commission, Michael Riegels, recites the
anecdote that the industry commenced on an unknown date in the 1970s when a lawyer from a firm in New York telephoned him
with a proposal to incorporate a company in the British Virgin Islands to take advantage of a double taxation relief treaty with the
United States. Within the space of a few years, hundreds of such companies had been incorporated. The British Virgin Islands is
now one of the world's leading offshore financial centres, and boasts one of the highest incomes per capita in the Caribbean.
Source: Wikipedia: History of British Virgin Islands
some dispute about the dates. Some historians place it later, at around 200 AD, but they suggest that the Arawaks may have been
preceded by the Ciboney Indians, who are thought to have settled in nearby St. Thomas as early as 300 BC. There is some
evidence of Amerindian presence on the islands as far back as 1500 BC, although there is little academic support for the idea of a
permanent settlement on any of the current British Virgin Islands at that time. The Arawaks inhabited the islands until the 1400s
when they were displaced by the more aggressive Caribs, a tribe from the Lesser Antilles islands, after whom the Caribbean Sea is
named. Some historians, however, believe that this popular account of warlike Caribs chasing peaceful Arawaks out of the
Caribbean islands is rooted in simplistic European stereotypes, and that the true story is more complex. None of the later European
visitors to the Virgin Islands ever reported encountering Amerindians in what would later be the British Virgin Islands, although
Columbus would have a hostile encounter with the Carib natives of St. Croix. The first European sighting of the Virgin Islands was
by Christopher Columbus in 1493 on his second voyage to the Americas. Columbus gave them the fanciful name Santa Ursula y las
Once Mil Vírgenes (Saint Ursula and her 11,000 Virgins), shortened to Las Vírgenes (The Virgins), after the legend of Saint Ursula.
He is also reported to have personally named Virgin Gorda (the Fat Virgin), which he thought to be the largest island in the group.
The Spanish claimed the islands by original discovery, but did nothing to enforce their claims, and never settled the Territory. In
1508 Juan Ponce de León settled Puerto Rico, and reports in Spanish journals suggested that the settlement used the Virgin Islands
for fishing, but nothing else. It is unclear whether they sailed as far the modern British Virgin Islands to fish, and the references may
be to the present U.S. Virgin Islands. In 1517 Sir Sebastian Cabot and Sir Thomas Pert visited the islands on their way back from
their exploration of Brazilian waters. Sir John Hawkins visited the island three times, firstly in 1542 and then again in 1563 with a
cargo of slaves bound for Hispaniola. On his third visit, he was accompanied by a young Captain by the name of Francis Drake in
the Judith, for whom the central channel in the British Virgin Islands would later be named. The English monarch, King James I,
granted a patent to the Earl of Carlisle for Tortola, as well as "Angilla, Semrera (Sombrero island) & Enegada". He also received
letters of patent for Barbados, St. Kitts and "all the Caribees" in 1628. Carlisle died shortly after, but his son, the 2nd Earl of
Carlisle, leased the patents to Lord Willoughby for 21 years in 1647. Neither ever attempted to settle the northern islands. It was a
Dutch privateer named Joost van Dyk who organised the first permanent settlements in the Territory in Soper's Hole, on the West
end of Tortola. It is not know precisely when he first came to the Territory, but by 1615 van Dyk's settlement was recorded in
Spanish contemporary records, noting its recent expansion. He traded with the Spaniards in Puerto Rico and farmed cotton and
tobacco. Some sources suggest that the first settlements in the Virgin Islands were by the Spanish, who mined copper at the copper
mine on Virgin Gorda, but there is no archaeological evidence to support the existence of any settlement by the Spanish in the
islands at any time, or any mining of copper on Virgin Gorda prior to the 1800s. By 1625 van Dyk was recognised by the Dutch
West India Company as the private "Patron" of Tortola, and had moved his operations to Road Town. The settlements were not
ultimately an economic success, and the evidence suggests that the Dutch spent most of their time more profitably engaged in
privateering (or piracy, depending upon one's perspective) than trading. The lack of prosperity of the territory mirrored the lack of
commercial success of the Dutch West India Company as a whole. In 1665 the Dutch settlers on Tortola were attacked by a British
privateer, John Wentworth, who is recorded as capturing 67 slaves which were removed to Bermuda. This is the first official record
of slaves being held in the Territory. Subsequently in 1666 there were reports that a number of the Dutch settlers were driven out by
an influx of British "brigands and pirates", although clearly a number of the Dutch remained. The British Virgin Islands came under
British control in 1672, at the outbreak of the Third Anglo-Dutch War, and have remained so ever since. The circumstances of the
British taking control however are somewhat uncertain. The Dutch averred that in 1672 Willem Hunthum put Tortola under the
protection of Colonel Sir William Stapleton, the English Governor-General of the Leeward Islands. Stapleton himself reported that
he had captured the Territory shortly after the outbreak of war. By the Treaty of Westminster of 1674, the war was ended, and
provision was made for mutual restoration of all territorial conquests during the war. The British initially claimed St. Thomas (and St.
John as well), but in 1717 the Danish disputed their claim to those islands. In contrast to the long dispute over ownership of Tortola,
the dispute over St. Thomas was settled readily with a year. The Danish claim was strong; they had the benefit of the Treaty of
Alliance and Commerce of 1670 between Britain and Denmark, which led to the founding of the Danish West India Company in
1671 which its charter permitted it to take possession of and occupy the two islands. On 25 May 1672 the Danes took possession
of St. Thomas, and discovered it to have been abandoned by the British settlers some weeks earlier. The British could scarcely
object to the Danes retaining the island. Even after British control of the Territory became complete, population infiltration was slow.
The Territory was granted a Legislative Assembly on 27 January 1774, however, it took a full further decade for a constitutional
framework to be settled. Between 1760 and 1800 the British significantly upgraded the defences of the Territory. Uprisings in the
Territory were common, as they were elsewhere in the Caribbean. The first notable uprising in the British Virgin islands occurred in
1790. Subsequent rebellions also occurred in 1823, 1827 and 1830, although in each case they were quickly put down. The
abolition of slavery occurred on 1 August 1834, and to this day it is celebrated by a three day public holiday on the first Monday,
Tuesday and Wednesday in August in the British Virgin Islands. The original emancipation proclamation hangs in the High Court. In
1834 the Territory was an agricultural economy with two main crops: sugar and cotton. Of the two, sugar was the considerably
more lucrative export. Shortly after the abolition of slavery the Territory was rocked by a series of hurricanes. At the time, there
was no accurate method of forecasting hurricanes, and their effect was devastating. A particularly devastating hurricane struck in
1837, which was reported to have completed destroyed 17 of the Territory's sugar works. Further hurricanes hit in 1842 and 1852.
Two more struck in 1867 and 1871. To compound these miseries, in 1846 the United Kingdom passed the Sugar Duties Act 1846
to equalise duties on sugar grown in the colonies. In 1887 a plot for an armed rebellion was uncovered. In 1890 a dispute over
smuggling led to further violence, and a Long Look resident, Christopher Flemming, emerged as a local hero simply for standing up
to authority. In 1901 the Legislative Council was finally formally dissolved, and the islands were then officially administered through
the Governor of the Leeward Islands, who appointed a commissioner and an executive council. As a result of the demonstrations
the previous year, the Legislative Council was reinstituted in 1950 under a new constitution. The reformation of the Legislative
Council is often left as a footnote in the Territory's history - a mere part of the process that led to the more fundamental
constitutional government in 1966. Elections followed in 1967, and a comparatively young Lavity Stoutt was elected as the first
Chief Minister of the Territory. The fortunes of the Territory dramatically improved in the late twentieth century with the advent of
the offshore financial services industry. Former president of the BVI's Financial Services Commission, Michael Riegels, recites the
anecdote that the industry commenced on an unknown date in the 1970s when a lawyer from a firm in New York telephoned him
with a proposal to incorporate a company in the British Virgin Islands to take advantage of a double taxation relief treaty with the
United States. Within the space of a few years, hundreds of such companies had been incorporated. The British Virgin Islands is
now one of the world's leading offshore financial centres, and boasts one of the highest incomes per capita in the Caribbean.
Source: Wikipedia: History of British Virgin Islands
| ECONOMIC OVERVIEW |
The economy, one of the most stable and prosperous in the Caribbean, is highly dependent on tourism generating an estimated 45%
of the national income. More than 934,000 tourists, mainly from the US, visited the islands in 2008. In the mid-1980s, the
government began offering offshore registration to companies wishing to incorporate in the islands, and incorporation fees now
generate substantial revenues. Roughly 400,000 companies were on the offshore registry by yearend 2000. The adoption of a
comprehensive insurance law in late 1994, which provides a blanket of confidentiality with regulated statutory gateways for
investigation of criminal offenses, made the British Virgin Islands even more attractive to international business. Livestock raising is
the most important agricultural activity; poor soils limit the islands' ability to meet domestic food requirements. Because of
traditionally close links with the US Virgin Islands, the British Virgin Islands has used the US dollar as its currency since 1959.
Source: CIA World Factbook (select British Virgin Islands)
of the national income. More than 934,000 tourists, mainly from the US, visited the islands in 2008. In the mid-1980s, the
government began offering offshore registration to companies wishing to incorporate in the islands, and incorporation fees now
generate substantial revenues. Roughly 400,000 companies were on the offshore registry by yearend 2000. The adoption of a
comprehensive insurance law in late 1994, which provides a blanket of confidentiality with regulated statutory gateways for
investigation of criminal offenses, made the British Virgin Islands even more attractive to international business. Livestock raising is
the most important agricultural activity; poor soils limit the islands' ability to meet domestic food requirements. Because of
traditionally close links with the US Virgin Islands, the British Virgin Islands has used the US dollar as its currency since 1959.
Source: CIA World Factbook (select British Virgin Islands)
| POLITICAL CLIMATE |
The Governor is appointed by the Monarch. The Premier (formerly Chief Minister) is appointed by the Governor from among the
members of the Legislative Council, and is by parliamentary convention the leader of the party holding the largest number of seats.
The cabinet, the Executive Council, is appointed by the Governor from among the elected members of the Legislative Council.
The British Virgin Islands elects on territorial level a legislature. The House of Assembly (formerly Legislative Council) has 15
members, 13 members elected for a four year term, 9 of them in single-seat constituencies and 4 at large, one ex officio member
and one speaker chosen from outside the council.
The 4 at large seats are a comparatively recent innovation in British Virgin Islands politics. They were introduced under some
pressure from the British Foreign and Commonwealth Office in the mid-1990s. The rationale behind their introduction was that
there was a risk that constituency seats can become too closely tied to a particular local figure, and that if a certain number of local
figures join the same political party, then the voters have no real choice in selection of their government. Under the proposals any
person in the Territory could stand as an at large candidate, and each voter would have four at large votes in addition to their
constituency vote. The four at large candidates who received the highest total number of votes would be elected to the Legislative
Council.
Source: Wikipedia: Politics of British Virgin Islands
members of the Legislative Council, and is by parliamentary convention the leader of the party holding the largest number of seats.
The cabinet, the Executive Council, is appointed by the Governor from among the elected members of the Legislative Council.
The British Virgin Islands elects on territorial level a legislature. The House of Assembly (formerly Legislative Council) has 15
members, 13 members elected for a four year term, 9 of them in single-seat constituencies and 4 at large, one ex officio member
and one speaker chosen from outside the council.
The 4 at large seats are a comparatively recent innovation in British Virgin Islands politics. They were introduced under some
pressure from the British Foreign and Commonwealth Office in the mid-1990s. The rationale behind their introduction was that
there was a risk that constituency seats can become too closely tied to a particular local figure, and that if a certain number of local
figures join the same political party, then the voters have no real choice in selection of their government. Under the proposals any
person in the Territory could stand as an at large candidate, and each voter would have four at large votes in addition to their
constituency vote. The four at large candidates who received the highest total number of votes would be elected to the Legislative
Council.
Source: Wikipedia: Politics of British Virgin Islands
| INTERNATIONAL DISPUTES |
None reported.
| REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS) |
None reported.
| ILLICIT DRUGS |
Transshipment point for South American narcotics destined for the US and Europe; large offshore financial center makes it
vulnerable to money laundering
vulnerable to money laundering
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
British Virgin Islands
June 04, 2007
COUNTRY DESCRIPTION: The British Virgin Islands (BVI) are a British overseas territory, part of the British West Indies, lying about
60 miles east of Puerto Rico. There are about 50 islands in the BVI, many of them uninhabited. Tortola is the main island; other islands
include Virgin Gorda, Jost Van Dyke, and Anegada. Tourist facilities are widely available.
ENTRY/EXIT REQUIREMENTS: For information on travel to the British Virgin Islands, travelers should contact the BVI Department
of Immigration at 1-284-494-3471. Visit the Embassy of the British Government web site at http://www.britainusa.com for the most
current visa information. Sea travelers must have a valid U.S. passport (or other original proof of U.S. citizenship, such as a certified
U.S. birth certificate with a government-issued photo ID). While a U.S. passport is not mandatory for sea travel, it is recommended
since it is a more readily recognized form of positive proof of citizenship. The U.S. Department of State recommends traveling with a
valid U.S. passport to avoid delays or misunderstandings. A lost or stolen passport is also easier to replace when outside of the United
States than other evidence of citizenship.
In addition to other documentary requirements, U.S. Citizens should also present onward or return tickets, and sufficient funds for their
stay. Upon initial entry, no more than 60 days will be granted. At the end of 60 days, visitors must report to the Immigration
Department's main office in Road Town for an extension. Extensions of up to 90 days are issued at the discretion of the Immigration
Officer subsequent to an interview.
Click here to read more »
June 04, 2007
COUNTRY DESCRIPTION: The British Virgin Islands (BVI) are a British overseas territory, part of the British West Indies, lying about
60 miles east of Puerto Rico. There are about 50 islands in the BVI, many of them uninhabited. Tortola is the main island; other islands
include Virgin Gorda, Jost Van Dyke, and Anegada. Tourist facilities are widely available.
ENTRY/EXIT REQUIREMENTS: For information on travel to the British Virgin Islands, travelers should contact the BVI Department
of Immigration at 1-284-494-3471. Visit the Embassy of the British Government web site at http://www.britainusa.com for the most
current visa information. Sea travelers must have a valid U.S. passport (or other original proof of U.S. citizenship, such as a certified
U.S. birth certificate with a government-issued photo ID). While a U.S. passport is not mandatory for sea travel, it is recommended
since it is a more readily recognized form of positive proof of citizenship. The U.S. Department of State recommends traveling with a
valid U.S. passport to avoid delays or misunderstandings. A lost or stolen passport is also easier to replace when outside of the United
States than other evidence of citizenship.
In addition to other documentary requirements, U.S. Citizens should also present onward or return tickets, and sufficient funds for their
stay. Upon initial entry, no more than 60 days will be granted. At the end of 60 days, visitors must report to the Immigration
Department's main office in Road Town for an extension. Extensions of up to 90 days are issued at the discretion of the Immigration
Officer subsequent to an interview.
Click here to read more »
29 April 2010
Human Rights Council
Fourteenth session
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to
development
Report of the independent expert on the effects of foreign debt and other related international financial obligations of States
on the full enjoyment of all human rights, particularly economic, social and cultural rights, Cephas Lumina*
Summary
Despite their limitations, international debt relief efforts have helped reduce the external debt burden of heavily indebted poor countries
(HIPCs) and contributed to the creation of fiscal space for resources to be channelled to poverty-reducing expenditures and economic
development in these countries. Evidence also suggests that the additional fiscal space has allowed some HIPCs to increase their public
spending on essential, human rights related social services, such as health care and education, thereby contributing to the realization of
human rights, particularly economic, social and cultural rights, in these countries.
Nevertheless, the voluntary nature of these debt relief measures has created opportunities for some commercial creditors to eschew such
efforts and then attempt to recover the full value of their debt through litigation. These creditors — termed “vulture funds” — purchase
the defaulted debt at significant discounts, hold out for other creditors to cancel their debts and then aggressively pursue repayments that
are vastly in excess of the amount that they paid for the debt. These activities not only dilute the impact of debt relief by reducing the
resources available to the targeted debtor countries to finance development and reduce poverty, they also diminish the capacity of
indebted poor countries to create the conditions necessary for the realization of human rights, particularly economic, social and cultural
rights.
A. What are “vulture funds”?
8. The term “vulture funds” is used to describe private commercial entities that acquire, either by purchase, assignment or some other
form of transaction, defaulted or distressed debts, and sometimes actual court judgements, with the aim of achieving a high return. In
the sovereign debt context, vulture funds (or “distressed debt funds”, as they often describe themselves) usually acquire the defaulted
sovereign debt of poor countries (many of which are heavily indebted poor countries (HIPCs)) on the secondary market at a price far
less than its face value and then attempt, through litigation, seizure of assets or political pressure, to seek repayment of the full face value
of the debt together with interest, penalties and legal fees.1
Examples include Greylock Global Opportunity registered in the British Virgin Islands and owned by Greylock Capital Management,
which sued Nicaragua and was awarded US$ 50.9 million; FG Hemisphere registered in the United States, which sued the Congo and the
Democratic Republic of the Congo and was awarded US$ 151.9 million and $81.7 million, respectively; Kensington International,
registered in the Cayman Islands and owned by Elliott Management, which sued the Congo and was awarded US$ 118.6 million; and
Donegal International registered in the British Virgin Islands (ownership unclear), which sued Zambia and was awarded US$ 15.4 million.
5 International Development Association (IDA) and IMF, “Heavily Indebted Poor Countries (HIPC) Initiative and Multilateral Debt Relief
Initiative (MDRI) – status of implementation” (2008), para. 38.
Click here to read more »
Human Rights Council
Fourteenth session
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to
development
Report of the independent expert on the effects of foreign debt and other related international financial obligations of States
on the full enjoyment of all human rights, particularly economic, social and cultural rights, Cephas Lumina*
Summary
Despite their limitations, international debt relief efforts have helped reduce the external debt burden of heavily indebted poor countries
(HIPCs) and contributed to the creation of fiscal space for resources to be channelled to poverty-reducing expenditures and economic
development in these countries. Evidence also suggests that the additional fiscal space has allowed some HIPCs to increase their public
spending on essential, human rights related social services, such as health care and education, thereby contributing to the realization of
human rights, particularly economic, social and cultural rights, in these countries.
Nevertheless, the voluntary nature of these debt relief measures has created opportunities for some commercial creditors to eschew such
efforts and then attempt to recover the full value of their debt through litigation. These creditors — termed “vulture funds” — purchase
the defaulted debt at significant discounts, hold out for other creditors to cancel their debts and then aggressively pursue repayments that
are vastly in excess of the amount that they paid for the debt. These activities not only dilute the impact of debt relief by reducing the
resources available to the targeted debtor countries to finance development and reduce poverty, they also diminish the capacity of
indebted poor countries to create the conditions necessary for the realization of human rights, particularly economic, social and cultural
rights.
A. What are “vulture funds”?
8. The term “vulture funds” is used to describe private commercial entities that acquire, either by purchase, assignment or some other
form of transaction, defaulted or distressed debts, and sometimes actual court judgements, with the aim of achieving a high return. In
the sovereign debt context, vulture funds (or “distressed debt funds”, as they often describe themselves) usually acquire the defaulted
sovereign debt of poor countries (many of which are heavily indebted poor countries (HIPCs)) on the secondary market at a price far
less than its face value and then attempt, through litigation, seizure of assets or political pressure, to seek repayment of the full face value
of the debt together with interest, penalties and legal fees.1
Examples include Greylock Global Opportunity registered in the British Virgin Islands and owned by Greylock Capital Management,
which sued Nicaragua and was awarded US$ 50.9 million; FG Hemisphere registered in the United States, which sued the Congo and the
Democratic Republic of the Congo and was awarded US$ 151.9 million and $81.7 million, respectively; Kensington International,
registered in the Cayman Islands and owned by Elliott Management, which sued the Congo and was awarded US$ 118.6 million; and
Donegal International registered in the British Virgin Islands (ownership unclear), which sued Zambia and was awarded US$ 15.4 million.
5 International Development Association (IDA) and IMF, “Heavily Indebted Poor Countries (HIPC) Initiative and Multilateral Debt Relief
Initiative (MDRI) – status of implementation” (2008), para. 38.
Click here to read more »
No Reports from Freedom House mentioning British Virgin Islands after exhaustive search of their database. Please forward
any information you may have regarding Freedom House efforts on behalf of British Virgin Islands to the Pax Gaea World
Report editor at the link below
Contact the editor »
any information you may have regarding Freedom House efforts on behalf of British Virgin Islands to the Pax Gaea World
Report editor at the link below
Contact the editor »
No Reports from Amnesty International mentioning British Virgin Islands after exhaustive search of their database. Please
forward any information you may have regarding Amnesty International efforts on behalf of British Virgin Islands to the Pax
Gaea World Report editor at the link below
Contact the editor »
forward any information you may have regarding Amnesty International efforts on behalf of British Virgin Islands to the Pax
Gaea World Report editor at the link below
Contact the editor »
Letter to the Governor of the Cayman Islands
March 11, 2009
His Excellency Mr Stuart Jack CVO
Governor
Cayman Islands
Dear Governor Jack:
On behalf of Human Rights Watch, I write to urge your government's support for full protections against discrimination in the new
constitution of the Cayman Islands, a British Overseas Territory. The present draft of the proposed constitution contains severely
restricted protections against discrimination, at the apparent urging of civil-society groups anxious that it not prevent discrimination
based on sexual orientation and gender identity in many crucial walks of life. It is unacceptable that discrimination against a specific
group or identity be allowed to persist and given constitutional permission. It is equally unacceptable that animus against that group lead
to a rollback of rights protections for all.
As you know, The Cayman Islands' existing constitution dates from 1972 and has been the subject of a debate over revision for eight
years. A referendum on the third draft of a new constitution will take place on May 20, 2009. It is critical that language restoring full
protections for equality and against discrimination be submitted to the voters, rather than the present restrictive text.
The present draft of section 16 of the Bill of Rights does not recognize any free-standing right of equal treatment. As a result, it offers
no protection against discrimination by the government in relation to rights not set out in the Bill of Rights. Discrimination in social and
economic areas such as health care, provision of services, housing, employment and many others will be left out.
The new proposal also limits the scope of protection to discrimination by the government. Horizontal discrimination by non-state actors
is not barred.
Human Rights Watch is aware of the fact that the original section 16 of the draft Bill of Rights stated that the Cayman Islands'
Government could not discriminate against anyone at any time and that the right to equality applied in all areas of daily life. This already
limited approach (no protection against horizontal discrimination between people or groups of people) was abandoned in its final draft.
Unfortunately, the revised and even more limited version of the draft constitution was approved by the Foreign and Commonwealth
Office on behalf of the British government. Reports in the press indicate that officials in the FCO have described the proposed
constitution as ‘less than ideal.'
Human Rights Watch is deeply concerned by this proposal and its limited approach.
Human Rights Watch brings to your attention that the 2007 constitution of another British Overseas Territory, the British Virgin Islands-
approved by the FCO--contains a free-standing protection against discrimination in all areas of life. . There can be no rationale for
offering different treatment and lesser protection to the population of the Cayman Islands.
Click here to read more »
March 11, 2009
His Excellency Mr Stuart Jack CVO
Governor
Cayman Islands
Dear Governor Jack:
On behalf of Human Rights Watch, I write to urge your government's support for full protections against discrimination in the new
constitution of the Cayman Islands, a British Overseas Territory. The present draft of the proposed constitution contains severely
restricted protections against discrimination, at the apparent urging of civil-society groups anxious that it not prevent discrimination
based on sexual orientation and gender identity in many crucial walks of life. It is unacceptable that discrimination against a specific
group or identity be allowed to persist and given constitutional permission. It is equally unacceptable that animus against that group lead
to a rollback of rights protections for all.
As you know, The Cayman Islands' existing constitution dates from 1972 and has been the subject of a debate over revision for eight
years. A referendum on the third draft of a new constitution will take place on May 20, 2009. It is critical that language restoring full
protections for equality and against discrimination be submitted to the voters, rather than the present restrictive text.
The present draft of section 16 of the Bill of Rights does not recognize any free-standing right of equal treatment. As a result, it offers
no protection against discrimination by the government in relation to rights not set out in the Bill of Rights. Discrimination in social and
economic areas such as health care, provision of services, housing, employment and many others will be left out.
The new proposal also limits the scope of protection to discrimination by the government. Horizontal discrimination by non-state actors
is not barred.
Human Rights Watch is aware of the fact that the original section 16 of the draft Bill of Rights stated that the Cayman Islands'
Government could not discriminate against anyone at any time and that the right to equality applied in all areas of daily life. This already
limited approach (no protection against horizontal discrimination between people or groups of people) was abandoned in its final draft.
Unfortunately, the revised and even more limited version of the draft constitution was approved by the Foreign and Commonwealth
Office on behalf of the British government. Reports in the press indicate that officials in the FCO have described the proposed
constitution as ‘less than ideal.'
Human Rights Watch is deeply concerned by this proposal and its limited approach.
Human Rights Watch brings to your attention that the 2007 constitution of another British Overseas Territory, the British Virgin Islands-
approved by the FCO--contains a free-standing protection against discrimination in all areas of life. . There can be no rationale for
offering different treatment and lesser protection to the population of the Cayman Islands.
Click here to read more »
New Governor asked to respect ways and values of VI
August 20th, 2010
ROAD TOWN, Tortola, VI – This morning in the House of Assembly, new Governor Boyd McCleary, CMG, CVO, was officially sworn
in as Governor of the Virgin Islands and was asked by Premier Honourable Ralph T. O’Neal to respect the ways and values of the people
of the Virgin Islands.
In his remarks after the Governor took his oath, Premier O’Neal welcomed Governor McCleary, his wife Jenny and one of their three
daughters Emily to the Territory, and wished them a happy stay during their sojourn here.
The new Governor has replaced David Peary who left earlier this month after serving in the capacity for four and a half years.
Hon. O’Neal noted that the new Governor has come in the midst of the hurricane season and also at a time of challenging economic
conditions worldwide. He told the new Governor of the Territory’s new constitution which came into effect on 15 June 2007 and
further told him that he found that there are many weaknesses and in many cases it is a very confrontational document.
“My own view was that we should work the constitution and convince the British Government and our own people that we could
undertake and carry out responsibilities and seek for more autonomy,” said the Premier, who noted that the new constitution is a
confrontational document mainly for the elected Government and the appointed Government where there is room for argument and
disagreement.
He charged that there is great need for alignments to be made now and not later.
The Premier further informed Governor McCleary that following the first few years of the new constitution, that there is room for
improvements in how the constitution has been interpreted and in some instances enforced. “There has got to be a new understanding of
the word consult and consultation, if this consultation is to be meaningful to the people of these Virgin Islands and to be in keeping with
the spirit and meaning of the constitution,” he said, noting that in the constitution, too much power is vested in “one man”.
While telling the Governor that he will be watched closely with a “hawk’s eye” during his tenure, the Premier nevertheless gave the
Government’s commitment to work closely with the new Governor for the betterment of the Virgin Islands.
Click here to read more »
August 20th, 2010
ROAD TOWN, Tortola, VI – This morning in the House of Assembly, new Governor Boyd McCleary, CMG, CVO, was officially sworn
in as Governor of the Virgin Islands and was asked by Premier Honourable Ralph T. O’Neal to respect the ways and values of the people
of the Virgin Islands.
In his remarks after the Governor took his oath, Premier O’Neal welcomed Governor McCleary, his wife Jenny and one of their three
daughters Emily to the Territory, and wished them a happy stay during their sojourn here.
The new Governor has replaced David Peary who left earlier this month after serving in the capacity for four and a half years.
Hon. O’Neal noted that the new Governor has come in the midst of the hurricane season and also at a time of challenging economic
conditions worldwide. He told the new Governor of the Territory’s new constitution which came into effect on 15 June 2007 and
further told him that he found that there are many weaknesses and in many cases it is a very confrontational document.
“My own view was that we should work the constitution and convince the British Government and our own people that we could
undertake and carry out responsibilities and seek for more autonomy,” said the Premier, who noted that the new constitution is a
confrontational document mainly for the elected Government and the appointed Government where there is room for argument and
disagreement.
He charged that there is great need for alignments to be made now and not later.
The Premier further informed Governor McCleary that following the first few years of the new constitution, that there is room for
improvements in how the constitution has been interpreted and in some instances enforced. “There has got to be a new understanding of
the word consult and consultation, if this consultation is to be meaningful to the people of these Virgin Islands and to be in keeping with
the spirit and meaning of the constitution,” he said, noting that in the constitution, too much power is vested in “one man”.
While telling the Governor that he will be watched closely with a “hawk’s eye” during his tenure, the Premier nevertheless gave the
Government’s commitment to work closely with the new Governor for the betterment of the Virgin Islands.
Click here to read more »
International Covenant on Economic, Social and Cultural Rights
Fifth Periodic Report from the United Kingdom, the Crown Dependencies, the British Overseas Territories
July 2007
APPENDIX H – REPORT FROM THE BRITISH VIRGIN ISLANDS
In 2004, the Government of the Virgin Islands appointed a Constitutional Review Commission to review the current state of the Virgin
Islands Constitution with a view to recommending sustainable revision. This initiative was on the acceptance of an invitation extended to
all Overseas Territories by Her Majesty’s Government in the United Kingdom in 2001, to appoint a local commission to review and make
recommendations for changes to and advancement of the Constitution. In its 2005 report, the Commission recommended the inclusion
of a Human Rights Chapter into the Constitution specifically, in addition to other amendments. This recommendation was whole
heartedly supported by the local Human Rights Reporting Coordinating Committee (HRRCC), which, in its 2000 report, also
recommended that a human rights chapter be inserted in the Virgin Islands Constitution as a matter of priority.
Recent reports indicate that in view of the continuing work on this issue, the implementation of this chapter in the Constitution will be
realised in the near future. The Commission received wide support in its many public meetings for this recommendation. It is the general
consensus that the ideal of free human beings enjoying civil and political freedoms and the protection for other fundamental human
rights and freedoms can only be achieved if these rights are prescribed in fundamental law.
The decision of the United Kingdom Government to confer full British citizenship on all Overseas Territories citizens, following the
March, 1999 White paper: “Partnership for Progress and Prosperity: Britain and the Overseas Territories”, has been well received in the
Virgin Islands. As one of the tangible benefits of such citizenship many Virgin Islanders have applied for and have been granted United
Kingdom passports. Our records indicate that since May 2002 until April, 2007, a total of 6,187 passports have been issued to Virgin
Islanders and Belongers.
1.4. In addition, another significant benefit extended to Virgin Islanders has been the recent policy decision to recognise Virgin Islands
students studying in the United Kingdom as full British citizens for the purposes of lower university tuition fees. This advancement has
been equally welcomed by the Government and people of the Virgin Islands.
Click here to read more »
Fifth Periodic Report from the United Kingdom, the Crown Dependencies, the British Overseas Territories
July 2007
APPENDIX H – REPORT FROM THE BRITISH VIRGIN ISLANDS
In 2004, the Government of the Virgin Islands appointed a Constitutional Review Commission to review the current state of the Virgin
Islands Constitution with a view to recommending sustainable revision. This initiative was on the acceptance of an invitation extended to
all Overseas Territories by Her Majesty’s Government in the United Kingdom in 2001, to appoint a local commission to review and make
recommendations for changes to and advancement of the Constitution. In its 2005 report, the Commission recommended the inclusion
of a Human Rights Chapter into the Constitution specifically, in addition to other amendments. This recommendation was whole
heartedly supported by the local Human Rights Reporting Coordinating Committee (HRRCC), which, in its 2000 report, also
recommended that a human rights chapter be inserted in the Virgin Islands Constitution as a matter of priority.
Recent reports indicate that in view of the continuing work on this issue, the implementation of this chapter in the Constitution will be
realised in the near future. The Commission received wide support in its many public meetings for this recommendation. It is the general
consensus that the ideal of free human beings enjoying civil and political freedoms and the protection for other fundamental human
rights and freedoms can only be achieved if these rights are prescribed in fundamental law.
The decision of the United Kingdom Government to confer full British citizenship on all Overseas Territories citizens, following the
March, 1999 White paper: “Partnership for Progress and Prosperity: Britain and the Overseas Territories”, has been well received in the
Virgin Islands. As one of the tangible benefits of such citizenship many Virgin Islanders have applied for and have been granted United
Kingdom passports. Our records indicate that since May 2002 until April, 2007, a total of 6,187 passports have been issued to Virgin
Islanders and Belongers.
1.4. In addition, another significant benefit extended to Virgin Islanders has been the recent policy decision to recognise Virgin Islands
students studying in the United Kingdom as full British citizens for the purposes of lower university tuition fees. This advancement has
been equally welcomed by the Government and people of the Virgin Islands.
Click here to read more »
Complaints Commissioner not ‘bowled over with surprise’ by complaints made against Gov’t agencies
Tuesday, September 14th, 2010
Complaint’s Commissioner, Elton George, who has spent over 20 years in the public service, said he is not bowled over with surprise by
some of the complaints members of the public have made against Government agencies.
‘After being the Deputy Governor and years of public service reform it is disappointing that I am still getting similar types of complaints.
It is simply a work in progress …we are trying to improve the interface between the public officials and the members of the public. I am
disappointed but I would not say I am bowled over with surprise,” George admitted at a press conference on Tuesday morning at his
office.
In unveiling the 2009 annual report, the Commissioner disclosed that 18 eighteen complaints were accepted as being within the
jurisdiction of the Commission and suitable for investigation for that year.
In 2009, five investigations were completed and nine are still under investigation at year’s end, while four were referred to other agencies
for their actions. Additionally, five were withdrawn by the complainants.
Discourtesy/rudeness, lack of response or undue delay in responding and failure to provide information at reasonably time were the main
bone of contention by many complainants.
The main culprits were the Ministry of Communications and Public Works who tied with the Premier’s Office for the largest number of
complaints filed with the Complaints Commissioner’s office for 2009.
Statistics from the Commission’s first annual report both Government agencies had five complaints levied against them. The Department
of Immigration led all other Government agencies in having the most such complaints filed against it with three. In complaints outside
the Complaints Commissioner’s jurisdiction, the Governor’s group led all Ministries with ten.
Meanwhile, a number of persons have been helped and gotten satisfaction that their complaints were investigated and recommendations
made to agencies, George added.
“Sometimes even if the recommendations are not acted upon they [complainants] still express a measure of satisfaction that they got a
hearing and somebody got out the facts, somebody saw their side of the case and brought it to powers that be,” he said.
Click here to read more>>
Tuesday, September 14th, 2010
Complaint’s Commissioner, Elton George, who has spent over 20 years in the public service, said he is not bowled over with surprise by
some of the complaints members of the public have made against Government agencies.
‘After being the Deputy Governor and years of public service reform it is disappointing that I am still getting similar types of complaints.
It is simply a work in progress …we are trying to improve the interface between the public officials and the members of the public. I am
disappointed but I would not say I am bowled over with surprise,” George admitted at a press conference on Tuesday morning at his
office.
In unveiling the 2009 annual report, the Commissioner disclosed that 18 eighteen complaints were accepted as being within the
jurisdiction of the Commission and suitable for investigation for that year.
In 2009, five investigations were completed and nine are still under investigation at year’s end, while four were referred to other agencies
for their actions. Additionally, five were withdrawn by the complainants.
Discourtesy/rudeness, lack of response or undue delay in responding and failure to provide information at reasonably time were the main
bone of contention by many complainants.
The main culprits were the Ministry of Communications and Public Works who tied with the Premier’s Office for the largest number of
complaints filed with the Complaints Commissioner’s office for 2009.
Statistics from the Commission’s first annual report both Government agencies had five complaints levied against them. The Department
of Immigration led all other Government agencies in having the most such complaints filed against it with three. In complaints outside
the Complaints Commissioner’s jurisdiction, the Governor’s group led all Ministries with ten.
Meanwhile, a number of persons have been helped and gotten satisfaction that their complaints were investigated and recommendations
made to agencies, George added.
“Sometimes even if the recommendations are not acted upon they [complainants] still express a measure of satisfaction that they got a
hearing and somebody got out the facts, somebody saw their side of the case and brought it to powers that be,” he said.
Click here to read more>>
| Click map for larger view |
| Click flag for Country Report |
Elizabeth II of the United Kingdom
Queen since 6 February 1952
Queen since 6 February 1952
Represented by
Boyd McCleary
Governor since 20 August 2010
Boyd McCleary
Governor since 20 August 2010
| TRAFFICKING IN PERSONS |
None reported.
