Deputy Governor, David D. Archer Jr. Photo: VINO/File

Office of the Deputy Governor Circular No. 5 of 2018. Photo: Provided

Sections 23 and 24, of the Virgin Islands Constitution Order. Photo: Provided

This march—the Peoples’ March—is scheduled for a 2:00PM start, from the Sunday Morning Well to the Central Administration Complex, where residents will be demanding accountability for the millions of dollars of government money unaccounted for, or wasted, in addition to other pressing domestic issues.

The General Orders forbid civil servants from publicly protesting against the government of the day but the Constitution overrides internal policies. 

Permission

As such, Deputy Governor, David D. Archer Jr, in a circular dated May 31, 2018—issued against the backdrop of the planned protest—has sought to outline the protocols/rules related to public servants in the Territory looking to take part in the demonstration, reminding of the need for prior permission.

According to the Deputy Governor, public servants that want to participate in the ‘Peoples March’ on Friday June, 8, 2018, will first have to seek permission from their respective Heads of Department before participating, or face disciplinary action.

It was noted that while the Public Service acknowledges the importance of freedom of expression and of assembly and association—conferred on all persons by the Virgin Islands Constitution Order, 2007—“these freedoms are essential in a democratic society such as ours, but these rights are not absolute.”

The circular as such outlines, that in the case of public officers “…it is legally permissible for restrictions to be imposed on the enjoyment of these rights, if those restrictions are reasonably required for the performance of their functions." 

As such, “public officers wishing to attend marches and protests may do so, provided they have permission from their Heads of Department, by obtaining leave in accordance with the established leave policies within the Public Service,” according to DG Archer Jr.

Constitutional & Human Right!

The VI Deputy Governor did note however, “Heads of Departments should not withhold the request for leave, unless the request affects the proper performance of the functions of their organisations.”

Public officers, who attend and participate in marches and protests with the permission of their Heads of Departments, will not be subjected to disciplinary action.

Those officers who are denied permission to attend and participate in marches or protests for reasons unrelated to the proper performance of their functions, or the functioning of the Public Service, or are disciplined for attending the marches or protests, are advised to report the same to the Director of Human Resources.

In light of Friday’s planned march, the VI Deputy Governor reaffirmed his encouragement for “public officers to be engaged in matters that could have an impact on the Public Service, the Territory and themselves, equally, I encourage exercising your constitutional and human rights.”

The People’s March set to start from 2:00 PM from the Sunday Morning Well to the Central Administration Complex is being organised by residents demanding accountability for millions of dollars in government funds unaccounted for, or wasted, in addition to other pressing domestic issues.