ROLE OF THE STATE
Like everywhere in the world today, there is much debate about the role of the state in the lives of its citizens. It seems as though the debate is settling around whether government should be a regulator more than a provider. Either way, there remains some traditional roles for government and the new world order is identifying some additional roles. One thing which is certain is that the state must improve its ability to act greater than the speed of globalization to be effective in either role. Government must establish new and enduring relationships with the governed. The new openness and instant flow of information presents a challenge to the role of governments. Can the public sector serve as an innovator? And how much leverage is the public willing to give it, are some of the questions to be answered.
Contents
Introduction
Benefits
Mandates
Principles
Objectives
Policy Recommendations
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Guaranteeing and Protecting Rights
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Providing and Maintaining Economic Opportunity
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Managing Privileges and Protecting Property
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Ensuring Safety and Security
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Intervening on behalf of the most Vulnerable
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Preparing Citizens for Opportunities and Coping with
Life
Application
Introduction
The role of government has evolved in step with the development of our country. The level of government intervention in aspects of our lives here in the British Virgin Islands has changed spectacularly from the subsistence economy of the 1960’s to globalized export services oriented economy of the 21st century. During this period governments have played a key role in facilitating the transition of our economy being the provider, the leader and the regulator. The Government has been the leader in the development of our major industries – tourism and financial services.
The present debate is about the role of the State, and about the form in which it should intervene in society and the economy. Moves away from the model of the State as ‘provider’ towards that of ‘regulator’ has raised many new questions about the divisions between public and private, and about what remains as uniquely the role of the State. Particular questions to be explored will include: What forms of intervention can be employed by the State other than legislation, and how well do hey work? How well can the model of the State as an insurer be made to work, and is there a consistent basis on which ‘premiums’ (tax-benefits) can be applied across policy domains? What is the role of the public sector as an innovator, and what form should this innovation take?
What areas and issues are better left in the hands of the private and voluntary sectors rather than the
state round out the range of questions to be asked.
The principles and policy measures contained in the BVI Government Strategy (for the role of government in the Sustainable Development of our country to improve the quality of life and standards of living) are intended to clarify the limits of our action. By laying out our strategy it is our hope that our
stakeholders, development partners and the people of the British Virgin Islands can fully participate in the sustainable development of our country in the beginning of this millennium. Knowing the aspirations of the people and stating our intentions
allow BVIslanders to plan their lives in a more predictable way taking advantage of the opportunities of globalization.
For the purpose of this policy framework, the state includes the government of the British Virgin Islands, its public enterprises and statutory bodies. The concept of human rights means those
identified under the European Union Charter on Fundamental Human Rights. The privileges are those set out under the laws of BVI and all other such applicable laws. The opportunities refer to those set out under
policies and strategies from time-to-time. The role of the state in the lives of BVI is an evolving concept and the people of this country ultimately decides the boundaries and limits through the democratic processes including participation, consultation, policy development, decision-making and political voting.
The goal of this document is to establish a full understanding of the role of government in the lives of BVIslanders by expanding the knowledge about the intended actions and limits of Government. In publicizing our role, BVIslanders will be better placed to take strategic decisions to improve the quality of their lives. This policy framework identifies common principles, details a set of objectives, and presents policies for achieving the desired results of the role of government.
In the BVI it has long been recognized that Government has played a primary role in the development of our country leading in the establishment of our key sectors and continuing in its traditional role as a
provider of services and a regulator of behaviour. BVIslanders have come to expect standards of high morals and ethical principles from government and as such their continued quest is for good government and good governance. The policies put forward are applicable to the Medium Term Economic Strategy (MTES), the Memorandum of Co-operation and Partnership (MCAP), and the National Integrated Development Strategy (NIDS) as well as all initiatives and measures contained in any other policy document.
Benefits
It is increasingly recognized that development is a partnership between the various stakeholders; the civil society, the government and the rest of the country. To achieve sustainable development as defined by the hopes and aspirations of the people, the role of all actors must be clearly defined, and the government is no exception in this regard.
The benefits of having the role of the state defined, promoted and communicated are
support for and ownership of the plan of action and successful implementation through knowledge and understanding. A clearly defined role for the state contributes to the
predictability and the certainty of outcomes. Entrepreneurs are more likely to rationally plan their risks and pay a smaller premium for the minimized risks.
A policy defining the role of government enhances the knowledge necessary for decision making and reduces the potential for serious social conflict. Knowledge before hand allows the planning
of ones life and facilitates decisions about investment. Defining the role of government through policy widens and deepens democracy, enhances the chances to hold government accountable for its actions within an agreed framework.
Defined roles of government through policy promote cohesiveness and a basis for the building of trust, judgement of actions and evaluation of performance.
Mandates
The existence of the state as a legal entity is at the pleasure of the people in their acceptance of the provision of our Constitution. Of course before the Constitutional Period the state existed under the provision of United Kingdom law. Be this a it may, the people of the British Virgin Islands have grown accustomed to living in a constitutional democracy.
Some 50 years, since the restoration of the legislative Council, the people of the BVI, at intervals of four years or les, have mandated political parties to administer the Executive Arm, elected political parties to the Legislative Branch and accepted the rules of law from the Judicial Branch. Details of the mandates of the state to act in the interest of the people are contained in:
- The revised Constitution 2000 establishing the three branches of government including the Executive, the Legislature and the Judiciary. The Public Service and its related Commissions are established in this supreme law as well.
- That body of United Kingdom and the British Virgin Islands law relating to the qualifications for being elected to the Legislative Council and the conducting of general elections.
- That body of BVI law which allows the state to act a our entity in the social, economic, cultural and political affairs of BVIslanders in their best interest.
- The day-to-day acceptance of the actions and measures of government as legitimate as it intervenes in our lives for whatever reason.
The mandate for the role of the state is derived in its totality from the will of the people, the acceptance of its legitimacy and the continued election and selection of officials of the state.
Principles
The principles underlying the actions of Government arise out of a set of core values that have their origin in social norms, democratic principles and professional ethos. The British Virgin Islands are publishing these set of core values for guiding its public service workers in daily operations.
The core values identified in this strategy paper represents a first step in creating a common understanding within our society of the expected behaviour of decision makers. The new results oriented culture in public service emphasizes a mix of traditional and new values. The core values/principles guiding the actions of government are:
- Impartiality Implying
and ensuring equal access to public services
by all and equal standing before the law.
- Legality
The Public Sector will ensure that core values become standards of behaviour through legislation. There will be penalties for breaches of core values and corruption.
- Integrity
Personnel make decisions on behalf of the state face tests related to ethics and performance appraisal.
- Transparency The Public Services will operate from environments
promoting transparency, setting standards of timeliness, requesting reasons for decisions, providing redress against decisions and requiring the identification of conflict of interest.
- Efficiency
Actions and measures by government and its personnel will strictly be along value for money lines. The application of technology, standards and human resources to increase productivity and reduce costs thereby improving on efficiency.
- Equality
Actions by the state will seek to promote equality of opportunity and obligation before the law. All individuals will have opportunity to improve their lives.
- Responsibility All measures and decisions by the public sectors will be predictable and within the normally expected standards of government behaviour.
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Justice
Decisions which reflect fairness and be within the law and within a reasonable time.
The principles are at the core of the intervention of the state in the lives of British Virgin Islanders
Objectives
Through the application of these well-established and long-standing principles, the following broad objectives can be achieved:
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Policies, procedures and practices designed to accommodate equal access to public services especially by sister island residents and also to ensure that all BVIslanders are equal before the law.
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Legal and regulatory mechanisms that assist with the undertaking of core values will ensure legality in our actions.
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Ethics and performance standards will serve as the guide posts for decision makers in the public services.
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Improved accountability and transparency will replace mechanisms administered under subjectivity.
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Enhanced efficiency will increase efficiency, productivity and the quality of services delivered.
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Equal opportunities for all BVIslanders are a key strategy to ensure a just society.
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Measures which are predictable and within expectations will instill more certainty in public policy.
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Delivery of justice which is timely and fair is the hallmark of a fair
society.
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Enhanced collaboration with the private sector will increase acceptance of government actions.
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increased public consultation serves to deepen democracy and provide local solutions to local problems.
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introducing performance management will strengthen the relationship between government and its employees.
- Enhanced financial management will result in better value for money.
Actions to achieve the objectives outlined above in each area of policy should result in the accrual of benefits as a result of the awareness of government policies, predictability and certainty. These actions will assist in the defining of the role of the state.
Policies and Strategies
1. Guaranteeing and
Protecting Rights
All humans have certain rights no matter what type of government or political system under which they live. All governments have traditionally accepted that they are the protector of the rights of their citizens. In this connection the BVI Government is no different. The rights of BVIslanders are enshrined either in common law, our Constitution or our body of laws. And the Government of the BVI is committed to guaranteeing and protecting our rights including our fundamental human rights according to the Universal Declaration of Human Rights and the European Union Convention on Human Rights.
The fundamental human rights include the right to life, liberty and property. All BVIslanders have the right to life and the State does not have the right to take ones life for any reason as there is no death penalty. In addition BVIslanders enjoy certain fundamental freedom related to economic, social, cultural and political activities. The State, with its judicial and law and order systems is in an excellent position to guarantee and protect those rights for all persons.
Fundamental to the smooth operation of our market capitalism is the free acquisition and transfer of property rights in respect of goods and services. Without rules and regulations pertaining to the trading in rights to property our market system would collapse. Persons levels of confidence in government to protect and guarantee their rights in trade in goods and services paramount
are in their financial decisions. Government accepts that it has a fundamental role in the protection of property rights. The GBVI, in terms of protecting rights of individuals and their property, is committed to the:
- Use of deadly force, if necessary, to protect the fundamental rights of its citizens and all other humans under its control;
- Guaranteeing of the rights of individuals as spelled out in international declarations to which they are or have become party to.
- Protection of the universally accepted property rights of all persons including its citizens through the establishment of laws, facilities and education programmes.
- Guaranteeing the availability of systems of settlement and arbitration in situations to protect and guarantee rights whether individual or property.
- GBVI undertakes to guarantee and protect all the rights of residents and visitors alike.
2. Providing and Maintaining Economic Opportunity
One of the traditional and fundamental roles of government is economic management including of course economic opportunity and stability. The State has used
its regulatory mandate in recent times to intervene in the market for the purposes of evening out the business cycle and other fluctuations in the market. Interventions in the market to regulate, invest or spend have been the fundamental activities of the State in managing and providing economic opportunity.
To provide and maintain economic opportunity, the Government of the British Virgin Islands main strategy is to maintain macroeconomic stability through prices, employment and output stability. In this connection the role of the state in economic management will be the following:
- Intervening in the market to regulate the flow of foreign labour, the minimum remuneration of labour, imports of certain goods and services, the prices of certain critical goods and the conduct of business.
- Undertaking actions and measures to build and maintain consumers and investors confidence.
- Managing the international economic relations that are integral to our connectivity with the rest of the world.
- Ensuring that macroeconomic stability, employment and prices are maintained.
- Providing adequate economic infrastructure to support private sector investment activities.
- Intervening to regulate internationally shared services such as telecommunications, the INTERNET and electronic commerce.
- Ensuring that ecological and environmental sustainability is maintained.
3. Managing Privileges and Protecting Property
In any society there are certain activities which hold the potential for infringing on the rights of individuals not initiating or benefiting from those activities. As well, there are some activities on which conditions and rules must be set in order to ensure that the fundamental and ordinary rights of other individuals are not abridged. Many of these activities
are engaged in under licence or permit and require monitoring to ensure compliance with such conditions.
The Government of the British Virgin Islands accepts that it has a major role to play in the management of privileges in respect of immigration, labour, business/commerce, transport, real estate and citizenship. Another area in which government is expected to play a role is in the management of activities which seem to respect no natural or artificial boundaries.
There are a number of activities carried out under privilege that hold the potential to interfere with the rights or privileges of other individuals. In the British Virgin Islands we believe that the Government is in the best position to manage privileges as conflicts are likely to arise between the interests of the involved parties. Government can manage the privileges of entering and remaining within the territory.
In managing the whole spectrum of privileges the Government of the BVI sees it as a role as the following:
- Regulating the entry, stay and exit of visitors and other non-belongers into the territory.
- Regulating the stay of non-belongers into the territory for the purposes of engaging in employment.
- Regulating the standards and conditions under which individuals may engage in business/commerce.
- Regulating the terms, conditions and conduct of person’s qualification to operate aircrafts, motor vehicles, ships and boats.
- Regulating the conditions under which individuals may enter in public or publicly owned buildings and other spaces.
- Regulating the conditions for non-belongers holding land in the British Virgin Islands.
- Regulating the conduct of individual to ensure that they are not violating the rights of other individuals or endangering their health, safety and other social conditions.
4. Ensuring Safety and Security
A fundamental function of the state throughout its history has been to ensure the individual and collective safety and security of its citizens wherever they might reside or visit. In this modern era of extensive travel between countries on a rapid basis together with the real threat of violence and terrorism the responsibility is even greater.
Today individuals are concerned about the level of domestic violence, the level of violence in schools, the level of violence among the youth and overall escalating level of violence in the community in general. This escalated level of violence contributes the perception of the security of the individual. However, in this era of globalization and exposure through the INTERNET, electronic surveillance at work and in public places have all contributed the individual growth in demand for increased levels of protection and security.
The nature of globalization and all out competition has not only touched on our physical safety and security, but it has implications for our economic and financial security as individuals and as a country. Today our economies are more vulnerable to international market forces and so are our jobs which are the basis of individual financial and economic security. Below are the policies in connection with ensuring safety and security:
- Pursuing sustainable integrated development strategies aimed at ensuring the continued stable development of the economy to keep the level of employment and national income expanding.
- Providing security services designed to protect individuals and their property including police services, fire protection services, court services and prison services.
- Providing an adequate level of social services and a social environment which facilitates and encourages social cohesion, collective and individual responsibility aimed at lowering the overall and particular levels of violence in the communities of the British Virgin Islands.
- Providing of supportive services to reduce the real and perceived level anxiety in connection with their security.
- Enhancing the level of services to improve occupational safety, safety on our seas, roads and in our airspace.
- Intervening with measures to reduce the level of violence in our schools and other institutions through educational and coercive measures.
- Intervening with the development of management regimes/systems to
protect BVIslanders from the perils of the INTERNET and electronic commerce.
5. Intervention on behalf of the most Vulnerable
Historically society has accepted government intervention on behalf of the most vulnerable and in the operations of the market. Intervening to improve the position and status of the most vulnerable has been accepted as a primary responsibility of the Government of the British Virgin Islands. Intervention in this connection indicates the moral value the society has in respect of helping those who are not in a position to help themselves to enjoy the basic necessities of life including basic education, health, food and nutrition, housing and financial support.
The vulnerable in our society includes children in difficult circumstances, the poor, the indigents, the elderly and all other persons who are unable to meet the basic/minimum standards of life in our society. The intervention of government with respect to assisting the vulnerable includes actions/measures to ensure that their fundamental human rights and the political, social, economic and cultural rights are protected. Intervention
seeks to ensure the most vulnerable persons or groups access to employment, economic opportunity and the other benefits associated with being a part of the BVI community.
Determining who are the most vulnerable is not a simple exercise neither will there be consensus on the level or type of intervention. However, our moral values says it must be done as it defines our character as a society. In this connection our intervention will be guided by the following policies:
- Development of programmes and supportive institutions to take care of children and difficult circumstances.
- Development of programmes, projects and measures aimed at the reduction of poverty and
guiding eligibility criteria, definition of poverty and the level of response by government.
- Providing resources for the financial and institutional support of families in coping with ordinary chores of life.
- Providing supportive services for women with children who are unable to procure those services for themselves.
- Providing support and supportive services to all persons who are ordinarily unable to maintain themselves or obtain the basic services.
- Providing a system of social safety nets to ensure that BVIslanders do not fall through the cracks or failures of the market.
6. Preparing Citizens for Opportunities and Coping with Life
Throughout history governments have accepted the responsibility for equipping its citizens with the skills to cope with life in general and the skills to take advantage of opportunity. In this connection primary and secondary education are provided free of charge and are in fact mandated by the law. However, in this era of globalization and the complexities of our modern world, secondary education is not adequate to take advantage of the opportunities available to British Virgin Islanders. In today’s global markets employees and entrepreneurs needs to be well aware of the world situation to take decisions in respect of choices in occupations and investments. The magnitude and speed of changes in today markets are factors which add significantly to the complexity of life.
In addition to dealing with complexities of choices and opportunities presented by globalization, BVIslanders are confronted with the prospects dealing with world-wide ethnical, religious and race-based problems in their transactions and contacts with the rest of the world. The GBVI accepts the broad responsibility of assisting citizens to deal with world situations in business, social and religious life. To undertake this broad responsibility the GBVI policy is as follows:
- The provision of, free of change of, basic educational services to the secondary level and children up to that age are required by law to obtain these services.
- The provision, on a cost-recovery basis, of in country tertiary education at both community college and the undergraduate university level.
- The provision of financial resources to assist student at the graduate level in both domestic and overseas programmes of study.
- The provision of training resources to accommodate enhancement of the skills of workers and other adult persons on a cost recovery basis.
- The provision of services aimed at the development of entrepreneurial skills, global investment skills and foreign language communication skills.
- The provision of opportunities for persons to obtain a wide variety of life coping skills related to
ensure their survival in a globalized setting.
- The provision of a continuous and detailed flow of information on opportunity in employment, investment and other economic situations.
Application
The full and proper implementation of the strategies requires the complete effort of all government departments and agencies. Successful implementation calls for an integrated effort in regulatory structures, the courts, the private sector, the non-governmental organizations and all the individuals. The political leadership has a definite role to play in setting the tone and preserving the environment under which the state can play its meaningful role. The public service has a critical role to play enforcing the laws and policies in a fair and equitable manner. The people of the British Virgin Islands are to be the beneficiaries of the actions of the state and they must be consulted and allowed full participation in the implementation of these
policies.
DEVELOPMENT PLANNING UNIT
21ST NOVEMBER 2000
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