Op-Ed: State of the Territory | The Constitutional Dilemma of the Virgin Islands

In her biweekly column, “State of the Territory,” former Sen. Janelle K. Sarauw delves deeper into issues of concern for V.I. residents.

For decades, Virgin Islanders have been wrestling with a profound question: How do we achieve true self-determination within the constraints of U.S. territorial governance? This question cuts to the core of our identity, our future, and our aspirations as a people. The struggle to draft a constitution — a document that reflects our cultural heritage, preserves ancestral land rights and adheres to U.S. constitutional principles—remains a challenge. At the heart of this dilemma lies a tension between our unique identity as Virgin Islanders and the federal oversight that limits our autonomy.

The Revised Organic Act: A Double-Edged Sword

The governance of the Virgin Islands is shaped by the Revised Organic Act of 1954, a federal law that serves as our de facto constitution. While the act granted us partial self-governance, it also cemented federal authority over critical aspects of our lives, from defense to foreign relations. We can elect our local leaders, but our laws remain subject to federal review and nullification. And, despite being U.S. citizens, we are excluded from voting representation in Congress and federal elections — a glaring inequity in a nation that prides itself on democracy.

The Revised Organic Act represents both progress and limitation. It was a step forward from colonial rule under Denmark, but it stopped short of full self-determination. It gave us a political identity within the U.S. system but left us politically disenfranchised. This duality defines our struggle: we are simultaneously autonomous and subordinate, empowered yet constrained.

Economic Dependencies and Sovereignty

One of the greatest obstacles to self-determination is our economic dependency. The Virgin Islands rely heavily on tourism and federal aid, tying our economic survival to external forces. This dependency limits our ability to craft policies that prioritize local needs over federal interests. It also perpetuates a cycle of reliance that undermines our quest for sovereignty. As scholars have noted, true self-governance requires not just political autonomy but economic independence — something we have yet to achieve.

The Elusive Constitution

Efforts to draft a constitution that balances local aspirations with federal requirements have repeatedly failed. The 5th Constitutional Convention in 2010 was a stark example. Its draft document sought to preserve ancestral land rights and cultural identity but faced federal objections over provisions deemed discriminatory or unconstitutional. The U.S. Department of Justice flagged issues with residency requirements and the management of territorial waters, highlighting the delicate line we must walk between preserving our heritage and complying with federal law.

At the heart of these debates is the question of identity. How do we protect the rights of ancestral Virgin Islanders without violating constitutional principles of equal protection? This tension has stalled progress, leaving us in a state of political limbo. Without an accepted constitution, we continue to operate under the Revised Organic Act — a framework that falls short of reflecting our unique cultural and historical context.

Lessons from the Caribbean

Our struggle for self-determination is not unique. Across the Caribbean, former colonies have grappled with similar challenges. The wave of decolonization in the mid-20th century saw nations like Jamaica and Trinidad and Tobago gain independence in 1962, followed by Barbados in 1966 and Guyana later that same year. The Bahamas joined the ranks of sovereign nations in 1973. Grenada declared independence in 1974, with Dominica achieving sovereignty in 1978 and Saint Lucia in 1979. That same year, Saint Vincent and the Grenadines also gained independence. The momentum continued into the 1980s, with Antigua and Barbuda becoming independent in 1981 and Saint Kitts and Nevis following in 1983.

These milestones underscored the potential for small island nations to assert their sovereignty and thrive on the global stage. For Virgin Islanders, these examples serve as a source of inspiration and a reminder of what is possible when a people come together with a shared vision for autonomy.

The Role of the United Nations

The United Nations has long recognized the Virgin Islands as a non-self-governing territory, advocating for our right to self-determination. In 1977, a U.N. mission confirmed that we remained under colonial rule despite partial self-governance. The U.N. has urged the U.S. to engage in open discussions about our political status, including options for independence, integration, or enhanced autonomy. Yet, these recommendations have largely gone unheeded, leaving our future in the hands of a federal government that prioritizes strategic interests over our democratic rights.

The Human Cost of Disenfranchisement

Beyond the legal and political complexities, disenfranchisement has a profound impact on our identity and culture. As Virgin Islanders, we navigate a hybridized cultural space shaped by the legacies of Danish and American rule. This dual identity can be both enriching and disorienting as we strive to preserve our unique heritage while integrating into the American political system.

The reflections of J. Antonio Jarvis, a prominent Virgin Islander historian, capture this tension. He warned of the risks of losing our cultural uniqueness in the pursuit of Americanization, cautioning against the imposition of external values that could erode our identity. His words remain a poignant reminder of the need to balance progress with preservation, modernity with tradition.

The Path Forward

The constitutional dilemma of the Virgin Islands is more than a legal issue — it is a reflection of who we are and who we aspire to be. Achieving self-determination will require bold leadership, collaborative effort, and a commitment to addressing the root causes of our disenfranchisement. It will require us to confront the challenges of economic dependency, federal oversight, and cultural preservation with courage and resolve.

As we navigate this journey, we must remember that our struggle is part of a broader global narrative. Around the world, former colonies have charted paths to sovereignty, overcoming immense challenges to assert their place in the global community. We can draw inspiration from their successes while crafting a path that reflects our unique history and aspirations.

The road ahead will not be easy, but it is a journey worth undertaking. For the Virgin Islands, self-determination is not just a goal — it is a necessity. It is the foundation upon which we can build a future that honors our past, empowers our present, and secures our place in the world.

Editor’s Note: Opinion articles do not represent the views of the Virgin Islands Source newsroom and are the sole expressed opinion of the writer. Submissions can be made to visource@gmail.com