Virgin Islands Constitution Sparks Debate on Belonging Rights

In the Virgin Islands, the 2007 Constitution has ignited a significant debate regarding the concept of belonging and the rights associated with it. This pivotal document introduced a distinction between two categories of Belongers: those who acquire status by birth or ancestry and those who obtain it through grant, such as residency or marriage. This change has far-reaching implications for families and the identity of the Territory, as it affects the automatic transfer of belonging rights to children.

The Constitution’s alteration, while seemingly technical at the time, has evolved into a complex issue that raises critical questions about inclusion and equity. As the Constitution undergoes another review, the central question remains: Should the rights of Belongers by grant and their descendants be valued less than those of Belongers by birth or ancestry?

Historical Context of Belonging

Under the previous 1976 Constitution, belonging was tied to familial connections and contributions to the community. It recognized the importance of commitment through marriage and years of service. Many residents became Belongers through their roles as nurses, teachers, and hospitality workers, fostering a diverse and supportive community. Section 2(2) of the 1976 Constitution defined a Belonger in a way that included children of those already recognized as Belongers.

The introduction of the 2007 Constitution preserved existing rights but redefined how those rights could be inherited. Specifically, it modified the automatic transmission of Belonger status for those who belong by grant. Now, children born outside the Virgin Islands to lawful Belongers are treated as outsiders, unable to inherit the status their parents earned through dedication and loyalty.

Before the changes enacted in 2007, individuals who married Virgin Islanders often gained immediate Belonger status, and their children would typically inherit this designation. The law recognized the importance of family connections, but the current application process has introduced uncertainty for many families. Those who once belonged by virtue of their family ties now face legal barriers that complicate their status.

The Financial Implications of Exclusion

The issue of belonging extends beyond legal definitions; it also carries financial implications. Recent increases in immigration fees have made it more challenging for working families to secure their status. The notion that belonging must now be purchased rather than earned raises concerns about fairness within the community. A society cannot thrive if residents feel their place is precarious, leading to potential divisions and lost opportunities.

The reluctance to invest in the community often stems from uncertainty about whether one’s children will share in the rights of Belongers. Families may delay building homes or expanding businesses, opting instead to invest their resources elsewhere. A policy designed to protect heritage may inadvertently hinder the progress that heritage depends upon.

Land ownership further complicates the issue of belonging in the Virgin Islands. For many, land represents legacy and identity, with ownership rights primarily reserved for Belongers. When a Belonger’s child does not automatically receive this status, the family’s connection to the land becomes tenuous. This uncertainty threatens to disrupt the continuity that has historically defined the Territory.

The need for inclusion is clear. Recognizing and valuing the contributions of those who have built their lives in the Virgin Islands strengthens the community and promotes economic growth. Exclusion, conversely, risks driving away talent and discouraging investment in the future. It may even limit participation in governmental processes, such as elections, creating further divisions.

As discussions around the Constitution continue, leaders face a crucial decision. They must balance the rights of indigenous Virgin Islanders with those who have contributed to the Territory over time. A system that acknowledges both heritage and inclusion can foster a stronger community, allowing for the preservation of rights while also embracing those who have made the Virgin Islands their home.

Inclusion is not merely an act of goodwill; it is essential for the Territory’s long-term prosperity. A united approach can enhance community cohesion, ensuring that everyone who has invested in the Virgin Islands feels part of its future. The ongoing review of the Constitution presents an opportunity to address these pressing issues and strive for a more equitable society.

As the Virgin Islands navigates this complex landscape of belonging, the future depends on recognizing the value of all its residents—those who belong by birth and those who have earned their place through dedication and contribution. The strength of the Virgin Islands lies in its unity, and the focus should remain on fostering an inclusive society that respects and values the contributions of all its members.