This is the document 'White Paper' issued with regards to the proposed separation of Nevis from St.Kitts. This paper was published by the Nevis Island Administration.
Table of Contents
1.In 1882 the people of Nevis was joined together in an unwilling union.(1)Nevisians since that time have always advocated for an independent Nevis.
2. In 19921 Nevis wrote to the secretaries of state for the colonies in London requesting that Her Majesty’s government sanction the separation of Nevis from St.Kitts.(2)
3.In 1961 approximately four thousands persons assembled at Grove Park, Charlestown in a demonstration sponsored by the United National Movement urging that Nevis secede from St. Kitts.(3) at that demonstration a resolution was moved by the people of Nevis to separate from St.Kitts.
4. In 1975, the Manifesto of the Nevis Reformation Party was in the following terms: "The Nevis Reformation party would strive at all cost to gain secession for Nevis from St.Kitts - a privilege enjoyed by the island of Nevis before 1882".(4)
5.On the 18th of August 1977 a referendum was organised by the Nevis Reformation Party. Of the 4220 persons who voted, 4193 voted yes for secession, 14 persons voted no and there were 13 spoilt ballots.(5)
6. The Labour Party’s philosophy was expressed in their green paper of 1982 and their manifesto of 1993 and 1995.
a) in paragraph 36 "that nothing short of full and complete responsibilities for their own affairs will satisfy the people of Nevis."
b)in paragraph 37 "the labour party interprets the results of the last general elections in Nevis as an expression by the vast majority of the people in Nevis of a firm desire for the secession
of Nevis from St.Kitts"(6)
7. The green paper also advocated for
a) each island is to have its own separate constitution, legislature, government and political system.
b) the people of each island to strengthen the bonds of family and friendship between the islands
c) a treaty of friendship between the islands which should provide for movement of people trade, access to records, and a
joint committee to review relations between the islands on an ongoing basis.
<>Independence
8. On the 19th of September 1983, St.Kitts and Nevis became independent. the constitution for the new state styled the federation of St.Kitts and Nevi, contained section 113. This section is unique among constitutions. It gives the people of Nevis the right, whenever they desire, to cease to be federated with the island of St. Kitts.
9. In 1987 the concerned Citizens Movement (CCM)was formed on the founding principle of constitutional reform. The Concerned Citizens Movement advocated for more autonomy for the island of Nevis so that Nevisians would have full control over the affairs of the island. In June 1992 C CM was elected to govern Nevis. The Premier in his New years message for 1993, 1994, 1995 and 1996 called for reform of the constitution.
10. In preparation for the general elections which was due in 1993, CCM published a policy statement which outlined
a) that constitutional reform was necessary for the people of Nevis to have full control over the legislation, political and economic decisions which affect the island.
b) that the islands of St.Kitts and Nevis develop along lines that are conducive to the specific situations that are unique to each island.
c) that the constitutional arrangement between the islands is absurd and serves only to frustrate the wishes of the people of Nevis.
d)that the wishes of the Nevis Island government and people of Nevis should not have to be sanctioned or approved by the federal government in St. Kitts.
e) that constitutional reform will take the affairs of Nevis out of the control of a political party in St.Kitts.
<>Federal Elections 1993
11. Federal elections for St.Kitts and Nevis was held the 29th November, 1993. The results were
Labour Party 4 seats
Peoples Action Movement 4 seats
Concern Citizens Movement 2 seats
Nevis Reformation Party 1 seats
12. Both the Labour Party and the Peoples Action Movement made overtures to the Concern Citizens Movement to form a coalition government. The Concern Citizens Movement refused any arrangement for a coalition holding fast to its conviction that neither the people of Nevis nor the people of St.Kitts should be subjected to a political arrangement which does not permit each island to have full responsibility for its own affairs.
<>1995 to present
13. The Peoples Action Movement and the Nevis Reformation party continued their historical partnership and formed a coalition government subsequent to 1993 general elections. The coalition was short live a fresh elections were held in June 1995.(7)
14. The Labour Party won the 1995 elections on a manifesto that described the constitution as a recipe for disaster.
<>Conflicts with the Federal Government
15.The distrust in the relationship between the federal Government and the Nevis Island Administration often manifested itself in a number of conflicts between the two islands. It is not the purpose of this paper to give a historical account of the Federal government which have negatively affected Nevis. However, it is necessary to cite several instances:
a) The new Nevis island administration begun to encounter financial difficulties in 1984. As a result of Federal elections that year, the People’s Action Movement won a commanding majority. However, both the Nevis Reformation party and the Peoples Action Movement continued to operate as a coalition government. Notwithstanding the coalition, financial assistance to Nevis from the Federal Government was not forthcoming. Consequently, cheques issued by the Nevis Administration were not honoured by the Bank, public servants in Nevis were not paid on time and the administration experienced difficulties in meeting its financial obligations.
b) The Charlestown Police Station, which served as the Headquarters for police officers in Nevis, was destroyed by fire in December 1991. Police officers had to operate out of the ruins of the station. Notwithstanding that Nevis Island Administration has no responsibility for the police the Administration from its own resources expended large sums to rehouse the police.
c) In August 1995 the newly appointed Attorney General, without explanation, refused to grant permission for the Nevis Island Administration to assert its legal right in the Courts.(8)
d) In February 1996, after a decision of the high court in favour of the Administration, the Prime Minister in a newspaper interview stated that he "refused to accept the decision of the High Court".(9)
16. due to the deteriorating relationship between the Nevis Island Administration and the Federal Government, the Administration in April, 1996 appointed a Constitutional Committee to advise the Administration on whether the present constitutional arrangement between the islands should continue.(10)
17. In June 1996, all three representatives from Nevis including the leader of the Opposition in Nevis Island Assembly along with the two representatives from the People s action movement objected to the introduction
of four bills in national assembly in St.Kitts. These were the trust act, the limited partnership Act, the Companies Act and the Financial Service Committee Act. All representatives in opposition in the National Assembly shared the conviction that the bills, if passed into law, would be unconstitutional, undermine the legislative constitutional authority of the Nevis Island Administration and result in the destruction of the economy of Nevis.(11)
18.Since 1983 our island has developed the necessary infrastructure for administering the affairs of Nevis. An independent Nevis, therefore, from the Administration perspective, will not be entering uncharted waters. The Administration is convinced that it is in the best interest of the island to effect a smooth transition into independence. With this in mind, the proposals for the people of Nevis to have responsibility and control for their internal and external affairs.
<>Head of State
19. The Administration proposes that:
a) The queen continues as Head of State for the island. Her Majesty has always served as Head of State, the Administration believes that it is in the interest of Nevis to have Her Majesty remain as Head of State.
b)Nevis remains a part of the Commonwealth. The history of Nevis is steeped in the commonwealth tradition and it is the Administration firm view that this association continue. The Administration is prepared to take the necessary steps to have Nevis accepted as a member of the Commonwealth.
<>Treaties
20.The Administration proposes that an independent Nevis should, for an interim period accede to all existing treaties and other international obligations which affected Nevis prior to independence. This period will permit the government enough time to examine each treaty and obligation in order to make determination to which of these treaties and obligations it will accede to permanently.
21. It is the Administration conviction that the free movement of persons between the islands should not be disrupted. The administration proposes that:
a)Nevisians traveling to St.Kitts or Kittians traveling to Nevis not require a visa or passport to travel between the islands.
b) Tourist, residents and visitors, only show proof that they were admitted to either of the islands.
c) The St.Kitts and Nevis passport remain valid, for Nevis, for a period of two years after independence. Nevis will therefore issue its own passport.
<>Trade
22. The Administration recognises and appreciates that trade between the islands must continue. To achieve an equitable and harmonious trade relationship, the Administration proposes that:
a) Goods which are produced in Nevis or in St. Kitts, including but not limited to Agricultural Products, Manufactured Products and Fish, be traded freely between the two islands without imposition of any duties or taxes.
b) Duties and /or taxes on goods which are produced outside St.Kitts and Nevis shipped through one island destined for the other only be paid at port of consignment.
c)There should be a committee established with representatives from each island to revived on an on-going basis the matter of trade between the islands.
<>Access to records
23. The Administration proposes that there should be free and mutual access to all records in St. Kitts and Nevis. The history and tradition of access to records should not be detrimentally affected by the independence of Nevis.
24. Nationals of the federation have always worked in either island without restriction. The Administration is of the firm view that nationals of Nevis or St.Kitts should be free to pursue employment opportunities in either island. The Administration proposes that Kittians not require a work permit in Nevis and Nevisians not require a work permit in St. Kitts.
<>Training
25.The Administration is committed to the training and educational development of all Nevisians. The specialist training of Nevisians particularly Nurses, Teachers and Police Officers has always been done at the local regional and international levels. The Administration is of the view that independent Nevis will be able to foster new and lasting relationships that will assist in augmenting the training and educational development of Nevisians. It is proposed that the local , regional and international training and educational development of Nevisians continue without interruption or inconvenience.
<>Fishing
26. Fishing has always been one of the mainstay of the economy of Nevis. This occupation has provided many Nevisians with a stable source of income based on their own independent initiatives and given fishing pride of place in our respective communities. The Administration proposes that nationals of Nevis and nationals of St.Kitts should continue to fish within the territorial waters of both islands without constraints.
<>Health
27. The Administration proposes to continue to provide quality health care to Nevisians using our local resources and health institutions. The Administration further proposes to establish agreement with regional Governments and health care facilities to provide specialist treatment.
<>Security
28. In the era of increase awareness of the dangers of drug trafficking and other criminal activities an independent Nevis join the international community. The Administration proposes that our borders should be patrolled by our own Coast Guard which will also provide search and rescue services. The Administration further proposes that Nevis seek membership in the Regional Security System.
<>National Bank and Skantel
29. The Administration shall negotiates its equity in the National Bank group of companies and Skantel.
<>Social Security
30. The island Administration proposes to establish a separate Social Security Scheme for Nevis and negotiate the transfer to the scheme of all Social Security contributions made in Nevis prior to independence. social Security benefits presently enjoyed will not be affected.
<>Regional and International Organisations.
31. The administration proposes that an independent Nevis seek membership of and actively participate in the affairs of CARICOM. Membership will allow Nevis to articulate its position on the numerous issues which affect the region and give us the opportunity to assist in formulating meaningful solutions to the complex problems which face the Caribbean Community.
32. The Caribbean Development Bank has assisted Nevis with loan funds to complete a variety of projects. The Nevis Island Administration proposes that Nevis become a member of the Caribbean Development Bank after independence.
33. The Organisation of Eastern Caribbean States has afforded the islands of the Eastern Caribbean the opportunity to pool their resources to better manage their economies. Our currency, judicial system and Central Bank, among others, are entrenched as part of the OECS. The Administration proposes that Nevis become a member of the OECS after independence.
34. The Administration further proposes that Nevis becomes a member of the United Nations, the Organisation of American States and the World Bank. Memberships in these international organisation will permit Nevis to add another voice to the international community and articulate the concerns of small island states from our own unique perspective.
<>Police
35. The Nevis Island Administration will take control of the police, prison and fire services following independence. The transfer of authority over these essential services will be negotiated with the Federal Government to allow a smooth transition.
36. The administration proposes that an independent Nevis will
a) continue to pursue the present progressive economic policies for the island;
b) continue the economic thrust toward the development, marketing and expansion of tourism, agriculture and the offshore financial sector,
c) continue incentives to local and foreign investors.
This commitment by the Nevis Island Administration will ensure that the people of Nevis continue to enjoy a high quality of life and continued economic prosperity.
37. According to section 113 "full and detailed proposals for the future constitution of the island of Nevis ... with adequate explanations of their significance" must be laid before the Nevis island Assembly. Accordingly, the Administration proposes that the new constitution for Nevis should be in keeping with Westminister model in use throughout the Caribbean. The Administration has retained a constitutional expert to prepare a draft constitution for the island. The Administration will place the draft constitution along with adequate explanations before the Nevis island assembly after the debate on the Bill for secession. The Administration will also appoint broad based committee to examine the draft constitution submitted by the expert to afford all Nevisians an opportunity to participate in finalising this important document. The expert has been advised that the provisions which follow should be contained in the draft constitution.
38. Provision for the protection of the fundamental rights and freedom of the individual. The same protections that are offered under the present constitution will continue under the new constitution. All persons will have the right to life and personal liberty, the protection of the law, freedom of conscience and expression, freedom of assembly and freedom of movement.
39. There will be a Governor General for Nevis. The Governor General will be the representative of Her Majesty in Nevis.
40. There will be a legislature for Nevis which will continue the tradition of being a unicameral body. The new legislature will be styled the House of Assembly. The Legislature will be comprised of representatives elected by the people in a general election, and senators appointed by both the government and opposition. The position formerly referred to as Parliamentary Secretary will be referred to as Minister of State.
41. There will be a Prime Minister for Nevis who must command the support of the majority of the representatives. There will also be a leader of the Opposition in the House of Assembly who must command the support of the majority of representatives who do not support the Government. One the requirements for election as a Representative or for appointment as a Senator is that the person or one of his parent must be born in Nevis.
42. There will be a supervisor of Elections for Nevis. The Supervisor of Elections will be charged with the responsibility of exercising general supervision over the registration of voters and over the conduct of elections.
43. There will be Electoral and Boundaries Commission that will supervise the Supervisor of Elections and make recommendations to Parliament relating to the electoral boundaries into which Nevis should be divided. Nevis will be divided into no less than five electoral districts.
44. There will be an Attorney General for Nevis who will be the chief legal adviser to the government. The Attorney General will have to meet the same requirements as a representative or senator to be appointed.
45. A Public Services Commission will be constituted for Nevis to attend to the employment of public servants. The Commission will have power to appoint to hold or act in offices in public service. The Public Service Commission will also have power to exercise disciplinary control over public officers.
46. There will be a public Service Board of Appeal for Nevis. The Public Board of Appeal will hear appeals arising from. decisions of the Public Service Commission.
47. The pension benefits of public servants will continue to be protected under the new constitution. The Public servants Commission must concur before the pension benefits of any public servant is affected.
48. There will be a High Court for Nevis. The Court of Appeal of the Eastern Caribbean will continue to serve as the Court of Appeal for Nevis with Her Majesty’s Privy Council being the final Court of Appeal.
49. The account of the Governments will audited each year by the director of Audit. The director of Audit must submit a report on the accounts of the Government after each audit. The director of Audit is given authority by the constitution to have access to all books, records, returns, reports and other documents which relate to the accounts of the Government.
50. On the matter of citizenship, the Administration proposes that
a) Every person born in Nevis before Independence Day shall become a citizen of Nevis on Independence Day.b) Every citizen of St.Kitts and Nevis who immediately before Independence Day is ordinarily resident in Nevis shall become a citizen of Nevis Independence Day.
c) Every person who was before Independence Day, registered, naturalised or adopted in accordance with the laws then in force and who is ordinarily resident in Nevis shall become a citizen of Nevis.
d) Every person born outside of St.Kitts and Nevis before Independence Day shall become a citizen of Nevis on Independence Day if one of his parents or grandparents is, or but for death would have become, a citizen by virtue of paragraph (a), (b), or (c)
51. In relation to persons born on or after Independence day, the Administration proposes that: a) every person born in Nevis on or after Independence day shall become a citizen at the date of his birth.
b) a person born outside of Nevis on or after Independence Day shall become a citizen at the date of his birth if either his father or mother was born in Nevis.
<>Registration
52. The Administration proposes that a person may register to become a citizen of Nevis: a) if he or she is married to a citizen of Nevis.
b) if the person has been a resident continuously in Nevis for a period of ten years immediately before the date of application, or
c) as may be prescribed by the parliament.
<>Notes
1.In 1854 the island of Nevis was a part of the Leeward Islands group which comprised the island of Nevis, Dominica, Montserrat, Antigua, St.Kitts and the British Virgin Islands. At that time Nevis was administered by a President and was referred to as the presidency of Nevis. A detailed account of how Nevis was annexed to St. Kitts can be found in West Indian Constitutions: Post Independence Reform by Sir Fred Phillips.
2. This request was contained in a dispatch from the Administrator of the Presidency of St. Kitts, Nevis and Anguilla to the Secretary of State for the Colonies in London.
3. The United National Movement was form in the 1960’s on the basis of secession for the Nevis.
4. The Nevis Reformation party was formed in October, 1970.
5. This referendum was declared null and void by the government in St.Kitts.
6. the Green Paper was a response to the White Paper of Government in St.Kitts. The White Paper outlined the constitutional proposals of the Government for an independent St.Kitts and Nevis.
7. The political parties in St. Kitts and Nevis, representatives of the church and representatives of the Chamber of Commerce worked out an agreement at the Four Seasons Hotel in Nevis in November, 1994, which came to be known as the Four Seasons Accord. The agreement provided for Federal elections by November, 1995.
8. the attorney General communicated his refusal in a letter dated 31st August, 1995.
9. See the St.Kitts and Nevis Observer for week of July 16-22, 1995.
10. The terms of reference of the committee were:
a) to hold public meetings throughout Nevis and invite all shades of the public opinion on the constitution.
b) to examine and assess the constitution as it relates to St.Kitts and Nevis;
c)to advise the Administration of what changes (if any) should be made to the constitution;
d) to advise the Administration whether a new constitution should be drafted to govern the relationship between St. Kitts and Nevis.
e) to assess the opinion of the public in Nevis and advise the Administration accordingly.
11. The Bills contain provisions to have revenue derived from activities in Nevis and paid to the treasury in Nevis, to be paid to the treasury in St. Kitts. The Financial Services Committee Act would legislate for all investments in St.Kitts and Nevis to be first approved by an investment committee in St.Kitts. Since 1993 the Nevis Island Administration has approved all investment for Nevis. The constitution vests legislative authority for industries, trades and business and economic development in Nevis, to the Nevis island Administration.
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