BVI government committed to OECS family law reform

Friday, November 21, 2003

ROAD TOWN, BVI: The British Virgin Islands Government has affirmed full commitment to the ongoing Family Law and Domestic Violence Legal and Judicial Reform Project of the Organisation of Eastern Caribbean States (OECS).

Deputy Chief Minister and Minister of Finance, Health and Welfare Mr Ronnie W. Skelton gave this assurance Thursday.

Minister Skelton stressed that the creation of a just, humane and compassionate society is of particular importance to the current Administration and, consequently, he is pleased that the BVI is hosting the OECS initiative.

"The BVI is a small country, a small island developing state, but we have all the social problems of the bigger metropolitan countries and these social problems are sometimes compounded by our attempt to use metropolitan countries' solutions in our environment," he said. "The one-size-fits-all solution will not always work."

He noted that, while human rights are international in nature, social needs are unique to different territories, contending that legislation in OECS members states must be country- specific.

"Programmes that work in Zaire might not work here. Legislation that is right for England may not be right for us. And, in fact, that has been the problem in the Caribbean and, to some extent, the BVI," the Minister added.

Mr. Skelton pointed out that most of the current legislation in the BVI relating to family law was drafted decades ago in the United Kingdom and was based on the social realities in that country at that time.

"Common-law relationships, for example, are very common in this territory and in the region, but there is very little recognition of such social phenomenon in existing legislation," he lamented.

Minister Skelton maintained that this means family law is not as protective of vulnerable family members as it should be when those relationships break down, adding that the importance of men in relation to fatherhood has only recently been articulated and emphasised in the Caribbean.

"Twenty or 30 years ago, the importance that fathers played in the lives of their children was not emphasized, but now we understand that men must be actively involved in family life because it impacts on the emotional health of their children," argued the Minister.

He recommended that among the priority issues the consultation should seek to address are preserving respect for certain cultural norms, strengthening legal protection for human rights in the BVI and creating a helpful society for future generations.

Mr. Skelton however cautioned the gathering that, sometimes, strengthening one area can result in weakening another, citing an example that supporting the legal recognition of unions other than marriage may weaken the traditional family founded on legal matrimony.

"Think about all the possible ramifications of taking one road and not another," he urged. "Whatever the optimists might think, we cannot travel all roads. The law cannot be all things to all people."

In this regard, the Minister stated that Government's desire in this area encompass supporting the role of the family, strengthening the protection of women and children from abuse, heightening children's roles in the development of their society and establishing programmes for at-risk teenaged males. 

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