The Virgin Islands Sixth Constitutional Convention’s Standing Committee on Culture and Heritage reconvened virtually for its second meeting Tuesday.
Committee Chair Alicia M. Wells led the session, joined by Vice Chair Lydia Hendricks and delegate members Devin Carrington, Ronald E. Russell, and Akima Richardson. According to committee members, the previous meeting generated substantial feedback from the community.
The meeting featured guest speaker professor Malik Sekou, who provided historical and legal context surrounding the proposed revisions under review.
The Standing Committee on Culture and Heritage is currently tasked with conducting an in-depth review of specific sections from the Fifth Constitutional Convention draft. These sections include:
- Preamble
- Article II – Principles of Government, Section 2 – Symbols of the Virgin Islands
Current draft language:
“An anthem, flag, seal, bird, flower, fish, and tree of the Virgin Islands, which shall symbolize the history and culture of the people, shall be provided by law. Within one year of the effective date of this Constitution, the Senate shall provide for the implementation of this section by public referendum. Once established by law, the anthem, flag, seal, bird, flower, fish, and tree shall be incorporated and considered a part of this Constitution.” - Article III – Virgin Islander (Definition)
Current draft language:
“A person born or domiciled in the Virgin Islands prior to and including June 28, 1932, and not a citizen of a foreign country pursuant to 8 U.S.C. 1406 in its pertinent part, and his/her descendants; and descendants of an Ancestral Native Virgin Islander residing outside of the U.S., its territories, and possessions between January 17, 1917, and June 28, 1932, not subject to the jurisdiction of the U.S. and who are not citizens or subjects of any foreign country.”
It continues: “A Native Virgin Islander is: a person born in the Virgin Islands after June 28, 1932, and descendants of a person born in the Virgin Islands after June 28, 1932.” - Article XIV – Culture
Current draft language:
“The Government shall provide for the protection, promotion, and preservation of the culture, music, traditions, customs, and intellectual property of the Virgin Islands. The Government may enact developmental legislative measures designed to protect or assist cultural tradition bearers or persons disadvantaged by discrimination.”
To view the full proposed Fifth Constitutional Convention draft, click here.
Concerning “Article III in Defining a Virgin Islander,” Sekou presented his insights in two parts. He first addressed concerns raised by the U.S. Justice Department regarding the 2009–2010 draft, and then offered his own perspectives.
“The federal government, during the Obama-Biden administration, reviewed the draft and identified nine areas of concern,” Sekou explained. “Six were minor, but three raised substantial legal and constitutional issues.”
The most significant issue, according to Sekou, involved the draft’s classification of individuals based on ancestral ties and residency. “The DOJ analysis objected to the distinctions made between ‘Ancestral Native Virgin Islanders’ and ‘Native Virgin Islanders.’ It argued that this classification system could violate federal equal protection standards,” he said.
Sekou noted that the U.S. government defines “indigenous” peoples through the Indian Commerce Clause, generally referring to communities that predate European colonization. “Many delegates may not realize that, in U.S. law, indigeneity is tied to pre-1492 populations with federal recognition, not simply long-standing residency,” he said.
The DOJ raised further concerns over eligibility requirements for political office. The draft specified that candidates for governor and lieutenant governor must be either ancestral or native Virgin Islanders, have resided in the territory for 15 years, and have voted for 10 years.
“The DOJ considered these requirements excessive,” Sekou said. “No other U.S. state or territory requires more than five years of residency for gubernatorial candidates.”
Additionally, the DOJ flagged a provision that limited voting rights to ancestral and native Virgin Islanders. “That, they argued, would likely violate the Equal Protection Clause of the 14th Amendment,” Sekou stated.
He encouraged delegates and the public to review the Justice Department’s full report for a deeper understanding of the legal implications.
The U.S. Virgin Islands Constitutional Convention Clearinghouse, a project of the State Constitutional Convention Clearinghouse, continues to provide independent research and policy recommendations. Its goal is to inform both the public and policymakers on the territory’s constitutional development.
