The Sixth Constitutional Convention Human Rights Committee, meeting earlier this week, addressed the placement of environmental and cultural rights and considered what was termed a new human right to natural resources. Delegates also began refining protections for vulnerable populations, including children, the elderly, and those living with disabilities.
All committee members were present at the Monday virtual meeting. Three non-committee delegates joined in the discussions.
Committee Co-Chair Rudel Hodge Jr. recapped the work done at the last meeting. “We were able to get through the right to health care and social well-being on that would have been section 11,” he said.
The committee introduced a new “Right to Water Sovereignty” document. It proposes government steps to conserve and manage water sustainably. This includes promoting rainwater harvesting, protecting aquifers and watersheds, preventing pollution, and investing in resilient infrastructure. The document states people should have the right to participate in water resource planning and governance.
Delegate Rudel Hodge stressed the language’s importance in light of emerging global water crises. Delegate Imani Daniel supported its inclusion. Daniel raised concerns about water privatization and the fundamental nature of rainwater harvesting in the Virgin Islands.
A significant discussion followed on the subject of environmental rights. Committee Chair Stedmann Hodge Jr. expressed support for placing environmental rights under human rights. He cited recent U.N. declarations and statements by the U.S. Environmental Protection Agency.
” … As recently as 2022, the United Nations declared a new human right which is environmental rights,” the chair said.
Silverman proposed wording to point out the difference between principles, rights, structure, and function. He argued that while principles belong in the preamble and individual rights in the Bill of Rights, governmental environmental obligations might belong in a separate article.
The committee agreed to review language proposed by committee member Devin Carrington. The committee at its Monday meeting also finalized language about beaches and shorelines, but Delegate John Abramson Jr. objected to the finalized language.
The committee also refined language for cultural rights and heritage. Cultural heritage preservation language for the Bill of Rights was approved.
While crafting language on the rights of children and vulnerable persons, delegates agreed to include specific protections for children, the elderly, disabled individuals, abuse victims, unhoused persons, and the chronically ill. A motion to update the wording passed, with further discussions set to take place at the next meeting.
The Human Rights Committee is part of the ongoing work of the Sixth Constitutional Convention, a process to create a modern constitution for the U.S. Virgin Islands. Voters approved the convention in November 2020, and legislation passed in early 2023 cleared the way for delegate elections in 2024.
Delegates must produce a proposed constitution by Oct. 31. This draft will then be reviewed by the governor, Congress and the White House. It will head to a binding referendum in November 2026, aiming for law by March 31, 2027.
The Sixth Constitutional Convention builds on the draft completed by the Fifth Constitutional Convention. Its 2009 draft failed federal approval due to various objections. These included concerns over U.S. sovereignty, local ancestry advantages, and imprecise Bill of Rights wording.
Current delegates are actively reviewing and revising language, using the Fifth Constitutional Convention draft as a foundation. Committees are closely examining both existing and proposed provisions through an iterative process designed to produce a clear, legally sound constitution that reflects the needs of all Virgin Islanders and can stand up to federal review.
The public is invited to attend all committee meetings and general (plenary) sessions of the Constitutional Convention.
The Committee on Government Structure meets Thursday, between 5 p.m. and 9 p.m.
A link for meeting registration is available by clicking here.
