COMMENTARY: The road to good governance runs through external oversight

Without an enforcement mechanism ensuring rules are followed by government officials, good governance is a mirage OK. Residents in the Virgin Islands are today witnessing the true meaning of rule of law, as it applies to the powerful. And we all understand that in the absence of enforcement mechanisms, any talk of transparency, accountability, and justice, by those who are tasked with rule over the land – government — is just that: talk. True accountability will only ever take place under conditions where the virtues of accountable and honest government are enforced by law. That is the very essence of the rule of law: that the law is supreme and no one is above the law. As residents observe the discomfort, irritation, and nervousness of a number of high officials appearing before the Virgin Islands Commission of Inquiry, it is clear and evident that the route to good governance runs through external oversight, that the law is followed by those who make up the ruling government. Now, good governance rests upon ethical and honest behaviour by the ‘high and mighty’. And history has shown that freedom and justice can only be protected by law. That means checks and balances. In the absence of checks and balances on ruling impunity, rulers tend to arrogate to themselves greater power and privilege, to the clear disadvantage of the masses. That is the singular reason modern western history is replete with narratives of the tug-of-war between ruled and ruler, and heroic attempts by the peasantry and working classes, to fight against privilege and impunity by monarchs, feudal lords, and tyrants.

Paradox that UK called COI in BVI

It is indeed a paradox that a ruling power such as the UK has called for a Commission of Inquiry in one of its Overseas Territories to investigate governance. However, it is worthy of note that the UK, in spite of its unwritten constitution, and the customs and conventions that drive its own governance, is a model of checks and balances.

In the UK, the Crown, Supreme Court, Lords, and HM’s Opposition, and a military that is under the Crown, act as effective checks on any UK government that attempts to usurp power, and act unconstitutionally.