FROM THE CONSTABLES DESK

In Our Business Plan we work towards performance targets, one of our targets for this year is to reduced crime by no more than 32 with an overall detection rate of 80%. Each month the statistics are evaluated with a crime trend being identified. At the end of August statistics have indicated that crime on Ascension is steadily rising. To date we have received a total of (25) twenty five crimes as compared to (11) eleven for the same period of 2001. The crime trend hot spot for this increase indicates that the location of Travellers Hill has shown a significant increase. These crimes includes Theft, Assaults, Criminal Damage, Burglary, Taking a Conveyance without the owners consent, Harassment Alarm and distress and Public Order.

We are continuing to work in partnership with other agencies and been more proactive to stamp out these crimes that are being committed. You should also play an active part in assisting in the reduction of crime, in particular to secure your personal belongings and not to leave the keys in the ignition of the vehicle or where they can easily be found by the offender. Report any suspicious circumstances in which we can respond.. We would much prefer to respond to these circumstances even if it turns out to be a false alarm.

On Tuesday 20 August a male person from Travellers was arrested for Burglary to a dwelling at Travellers Hill. He was released on Police bail pending further enquires. On Tuesday 27 August a male person from Georgetown was arrested for Attempted Rape. He appeared before the Court charged with the said Offence and released on Conditional Bail. On Wednesday 28 August a report of Theft of electrical tools that were stolen from Lawrence Contractors at Catherine Point. They consisted of angle grinders, electric drills, jig saw and circular saws. We adapted a joint effort approached with the St Helena Police and Customs to recover this property. When the RMS docked in St Helena on Thursday 5 September a male person was arrested and detained for questioning. A quantity of tools were confiscated. Police also received information to the effect that a quantity of industrial cleaning materials were stolen from Travellers Hill the property of Eurest Defence Support Services. On Tuesday 10 September one male person from Georgetown was arrested in connection with this report. He has been released on bail. The suspects property in St Helena was searched resulting into the recovery of a considerable amount of suspected stolen property.

Vehicle Inspectors
On the island there is no recognise body in which this service can falls under the umbrella of one organisation. We are progressing to find alternative solutions in which we can provide a better service to the public. The role of the Inspectors are to examine vehicles which has been involved in Road Traffic Accidents to ascertain the state of roadworthiness before they can be used on a road again. To submit detail and concise reports on examination of vehicles for mechanical defects as alleged by drivers. To give expert evidence and their opinion in any subsequent court hearing. To examine vehicles for there state of roadworthiness in order to conform with the Road Traffic Ordinance and Regulations. It is of extreme importance that all vehicles being used on a road are made roadworthy.

The Vehicle Inspectors are appointed by the Administrator. There are currently six of them and are fulfilling these duties along with their daily employment. As you can see that the majority of theses inspections cannot be carried out during the Inspectors normal working hours. The only recognise organisation is the Ascension Island and Works and Services Agency who operates a commercial business, which means that you can book an appointment during working hours. Concerns has been raised that owners of vehicles are booking an appointment for their vehicle to be inspected and expect to have the inspection completed the same day of booking. While the Inspectors will do their utmost to satisfy the customers needs in meeting that demand. In order to avoid a disappointment you are advised to make an appointment at least one week in advance. This will give the Inspector time in which to plan his daily work to coincide with your appointment. You are also reminded that a vehicle can be examined by an Inspector within the three preceding months of the annual expiry date of the vehicle licence.

Constable Carlin Yon

Constitutional Development St Helena and Dependencies

There will be a Public Meeting in the Georgetown Cinema on Thursday 19th September 2002 starting at 1930 hours.

The purpose of this meeting is to give the residents of Ascension an opportunity to meet Mrs Alison Quentin-Baxter QSO, Constitutional Advisor to the people of St Helena and its Dependencies.

Mrs Quentin Baxter is a Barrister of the High Court of New Zealand and specialises in constitutional matters and her visit to St Helena and Ascension is sponsored by Commonwealth Secretariat through its funds for technical co-operation. The visit is supported on both islands by the respective Governments and I would like to take this opportunity to thank AIG for their support in not only funding Mrs Quentin Baxter's stay on Ascension but in assisting me in bringing together the arrangements and dissemination of the documents prepared by Mrs Quentin-Baxter.

You will find two papers prepared by Mrs Quentin Baxter elsewhere in this issue of the Islander. These two papers entitled "TheMain Points " and "The Relationship between St Helena and Ascension Island" together with the main document entitled "The Issues Paper are available for reading in the Administrators Office, the Public Library in Georgetown, and on the following websites: The Islander, www.news.co.sh and www.sartma.com.

If any one is interested in having an e-copy of these documents, please contact me on telephone 6211 after working hours.

Mrs Quentin-Baxter will be here from 18-23 September 2002 and again from 13 -17 October 2002. This is a real opportunity for the people of Ascension to raise any issues with Mrs Quentin Baxter about the constitutional development of the island. This visit is independent of Government although they have given their support to it. I would urge you all to take the time to read the documents prepared by Mrs Quentin Baxter and I am sure you will like me be surprise how very well she have understood our problems.

Constitutional development is not about the government or the officials who work for Government it is about people like you and I and Ascension can only develop constitutionally if we the people take an interest in this important matter.

Please, can I urge you all to come to the meeting on 19 September to put any views you may have forward or at least listen to what Mrs Quentin Baxter has to say.

There will also be an opportunity for people of Ascension to see Mrs Quentin-Baxter on an individual basis or in groups during her stay on the island. Please let me know if you wish to make an appointment to see her, I can be contacted on telephone number 6211 after normal working hours.

I look forward to seeing you at the public meeting on 19 September or hearing from you for an appointment.

If you have any queries or questions you wish to raise in advance of the visit do not hesitate to contact me on the above telephone number but please after working hours.

Yours sincerely

Lawson Henry

THE RELATIONSHIP BETWEEN ST HELENA AND ASCENSION ISLAND

The position under the Constitution
1 The Constitution of St Helena also applies to its Dependencies, Ascension and Tristan da Cunha. The United Kingdom Government describes them as "three British Overseas Territories, which together form a single territorial group". British Ministers have decided - apparently without consulting any of them - that there will be no change in their present constitutional relationship. If they are content with this arrangement, the three territories will continue to share the same Governor and the same Courts.

2 Contrary, however, to some people's impressions, the existing constitutional relationship of St Helena and its Dependencies does not involve their governance as a single entity.

3 So far as a matter is within his personal discretion, the Governor no doubt takes account of the interests and concerns of each territory as they affect the others. But, as each territory becomes more democratic, the Governor is increasingly required to act in accordance with the advice of local elected councils. If the interests of the territories are closely linked, as in the case of St Helena and Ascension, there is a recognised need for machinery involving their elected representatives to take the initiative in coordinating those interests in ways that are mutually beneficial. Proposals for such machinery have recently been put to the people of Ascension in a referendum.

The linked economies of St Helena and Ascension
4 Ascension is one of the gateways to St Helena and an avenue for the employment of many members of its workforce. Their remittances are an important source of personal income and public revenue in their home island. St Helenians living in Ascension remain entitled to vote in elections in St Helena, but the implications of this right and the importance attached to it are not clear.

5 Until now, people have had the right to reside in Ascension only for the purposes of employment there, but it is now proposed that there should be a wider right of abode in the island. Such a right is recognised as having implications for the right to lease or purchase land in Ascension. It will also affect the kinds of services that the Government of Ascension will need to provide, in order to ensure the well-being of the island's long-term inhabitants at all stages of their lives. If, however, some of those people return or move to St Helena, what access should they then have to publicly funded services there, after paying taxes in Ascension rather than St Helena?

6 Negotiations are taking place about the opening of Wideawake Airfield to civilian traffic. If an airfield is built on St Helena, the availability of air services between St Helena and Ascension will be an important issue.

7 In short, there are many areas in which it is likely to be in the interests of both St Helena and Ascension to harmonise their policies and laws and share equitably the costs involved. The referendum in Ascension and its outcome

8 On Friday 23 August 2002, eligible voters in Ascension voted in a referendum to choose one of two options for their future governance. Both involved the establishment of an Island Council with the function of advising the Governor in the exercise of his legislative powers and most of his executive powers in respect of Ascension. In addition,

9 The referendum resulted in the adoption of Option 1, by 320 votes to 17 - a majority of 95%. The turnout was 50%. This clear result means that the people of Ascension do not want to see the powers of their Island Council diminished by assigning the responsibility for any matter affecting Ascension to an Inter-Island Council. They have, however, given their overwhelming support to the creation of a Joint Consultative Forum to make recommendations to each Government on matters of common interest.

The process in Ascension
10 It has to be said that the process leading up to the referendum in Ascension was curious. The provision of services on Ascension by the "Users" was replaced by arrangements for their provision by the Ascension Island Government. Taxes were imposed to fund these services after local wages had been increased to take account of the new impost, but before a democratically elected Council had been put in place to advise the Governor on the raising of revenue or any other matter. Public interest on Ascension centred on the composition of the Island Council and whether it would have the authority to advise the Governor on finance, or whether that matter would remain the Governor's special responsibility. At the last minute, the United Kingdom authorities proposed that the Island Council should have a finance committee, and agreed that finance would not be a special responsibility of the Governor.

11 Judging by the reports of meetings on the island, most Ascension Islanders seem to have had the impression that the referendum was about the form and the authority of their Island Council. But that was not the case, except so far as its powers would be affected by the creation - or not - of an Inter-Island Council. There was no way, except by not voting, that anyone could register opposition to the proposed arrangements for the operation of the Island Council itself. In the minds of the voters, the shaping of the future relationship with St Helena appears to have been very much a secondary consideration. Consequently, the result of the referendum cannot be seen as saying much about the substance of that relationship. It seems not to prejudge the direction in which it may evolve.

The process in St Helena
12 The question must also be asked, if it was necessary to have a referendum in Ascension on the machinery for developing the relationship with St Helena, why was it not also necessary to hold a similar referendum in St Helena? To the extent that matters of common interest were to be assigned to an Inter-Island Council, they would have ceased to be the responsibility of the Executive Council, and perhaps of the Legislative Council. Any machinery for cooperation between the two islands must be as acceptable to the people of St Helena as it is to the people of Ascension. Now that the people of Ascension have made their choice, it remains to be seen whether the idea of a Joint Consultative Forum is also acceptable to the elected representatives of the people of St Helena. If so, both parties must then agree to every aspect of the arrangements for the Forum's establishment and operation. A consensual relationship and a federal relationship compared

13 The proposed Joint Consultative Forum will involve a consensual relationship between the Governments of St Helena and Ascension - that is, a relationship based on agreement between them. The Forum members will comprise representatives of each Government. To the extent that its recommendations require action by either Government, they will have no effect unless that Government agrees to them. The need for such agreement argues for the development of a fully representative and responsible government in each island as speedily as possible. Presumably, the existence of the Forum will not preclude direct government to government negotiations on any matter, including issues not resolved through the Forum.

14. Because the Forum's recommendations will not be binding, there will be no reason to restrict the nature or scope of the matters that may be brought before it by either party. For the same reason, there will be no need to restrict the scope of the recommendations that the Forum may make. Possible recommendations include those for

Whether the interests of the two governments coincide or are in potential conflict, the ways of satisfying the aspirations and problems of each will be limited only by their ingenuity and goodwill in finding mutually acceptable solutions.

15 In contrast, the creation of an Inter-Island Council would have involved a federal relationship between St Helena and Ascension. Some matters would have been outside the competence of either government acting alone, and capable of being dealt with only by the Inter-Island Council. Whether a matter fell into one category or the other would ultimately have been a question for the courts. The composition of the Council, and its functions and powers, were still to be worked out. It was not clear whether it would have the power to raise and appropriate revenue, and if so from what source. The proposal was rudimentary, in that most of the matters that would have affected its acceptability to the peoples of both islands had still to be addressed.

16 Experience elsewhere - in Africa, the Caribbean and the Pacific - shows that it is seldom possible to put in place long-lasting arrangements for federal institutions involving the sharing of powers and revenues between countries or territories that have a distinct identity, particularly if they are separated by substantial distances. The difficulty is all the greater if one territory has a comparatively small population but access to a comparatively large source of economic wealth. Democracy requires each territory to be represented in the federal decision-making body on the basis of equal suffrage, and its decisions to be taken by majority vote. This means that a small but comparatively wealthy territory may be required to share its wealth with its federal partner or partners on a basis that it cannot control. To redress the balance of power among the members of the federation, each member may also be represented on an equal basis in a second chamber or in some other way, but such an arrangement adds complexity. Successful federations seem to depend on a strong sense of shared identity, substantial mutual or complementary, rather than competing, interests, and the ability of each member of the federation to retain control over the issues and assets it values most.

17 The proposal for a Joint Consultative Forum therefore seems to offer at least as good a basis as the proposal for an Inter-Island Council - and probably a better one - for the building of a cooperative relationship between St Helena and Ascension. But, from now on, they must be equal partners in putting the Forum in place and making it work.

The next steps
18 Presumably, no steps will be taken to set up a Joint Consultative Forum until

19 It seems desirable to retain considerable flexibility about the Forum's functions and working methods until there has been experience of its operation in practice. As guiding principles

Conclusion
20 The need for the Governments of St Helena and Ascension to reach agreement before implementing any proposal of the Joint Consultative Forum means that each of them can afford to be receptive and innovative in meeting the interests and concerns of the other. For inspiration, they should look to the arrangements for positive cooperation among small states in other regions. These include

Alison Quentin-Baxter QSO
Constitutional Adviser to the people of St Helena and its Dependencies
Wellington, New Zealand
August 2002

Exploring options for the future constitutional development of
St Helena and its Dependencies
THE MAIN POINTS

Visit of Independent Constitutional Advisor to the people of St Helena
Alison Quentin-Baxter, a New Zealand international and constitutional lawyer, with experience in advising the peoples of small islands, is visiting St Helena from 25 September to 11 October 2002. She will take part in meetings with all interested persons, including the Elected Members of the Legislative Council, the Citizenship Commission and members of the public. The discussions are likely to focus on the following points.

Building on the four Cs that are the foundation for St Helena's future well-being
The British Citizenship of St Helenians has been restored. It provides the base on which to build the island's political and economic development including its relationship with Britain. Consultations are going on about the kind of Communications, including access by air as well as by sea, that St Helena needs in order to prosper. But decisions about the island's future need to be made by a democratic Government of St Helena in partnership with the UK Government. Work therefore needs to be done on the Constitution, in order to develop St Helena's self-government in accordance with United Nations principles. This will in turn provide the basis for implementing the UK Government's Commitment to assist St Helena, financially and in other agreed ways, consistently with their long-term relationship.

The right of self-determination of the people of St Helena
The people of St Helena have the right of self-determination. The United Nations recognises that they may exercise this right by deciding to become independent, or integrated, or freely associated, with another State. It is unlikely to agree that any non-self-governing territory has attained "a full measure of self-government" for the purposes of the United Nations Charter, unless it has chosen its future constitutional arrangements in an act of self-determination.

St Helenians are interested in a form of association with Britain. This option requires the agreement of the UK Government. So far, that Government has taken the position that neither free association nor integration is on offer to the peoples of the Overseas Territories. Their only options are to become independent or remain an Overseas Territory. But, the UK Government recognises that, where necessary, the arrangements for the territory's governance should be made more democratic. The relationship with Britain should be a partnership, with the balance of obligations and expectations clearly set out.

Next steps
On the question of principle about the options that should be open to the people of St Helena in exercising their right of self-determination, the two sides are far apart. But that difference of principle may not be as important as it seems. No constitutional status - whether that of Overseas Territory, integration or free association -automatically establishes the details of the relationship between the partners to it. These have to be worked out through negotiations in which each partner tries to find ways of meeting the legitimate concerns of the other. The people of St Helena have a choice:

X Should they continue to insist that the United Kingdom Government should offer them a form of association with Britain, as an alternative to independence or the retention of Overseas territory status, and, in the meantime, seek only such changes to their Constitution as do not affect their existing relationship?

X Or should they seek agreement with the United Kingdom Government that the question of principle should be left to one side, and that there should be a detailed, joint, high-level review of all aspects of the present relationship that give rise to concerns among the people of St Helena? In deciding between these two courses of action, both parties need to consider the possible ways of improving the relationship between Britain and St Helena, whatever the island's constitutional status.

Improving the present relationship between Britain and St Helena
Should the people of St Helena and the UK Government seek to

X Agree that all policy decisions in respect of St Helena, whether made in London or in Jamestown, must be consistent with a comprehensive, shared vision for St Helena's future?
X Record the shared vision and other agreed terms of the relationship in the Country Policy Plan for St Helena and other documents, instead of regarding the St Helena Constitution as the main instrument governing the relationship?
X Base their relationship on these agreed terms, instead of on the UK Government's powers to exercise superior legislative and executive authority - except, possibly, as a last resort if the agreed terms of the relationship were not honoured?
X Develop St Helena's own system of government so that the laws are made by a representative legislature, and the power to make policy and administer laws is exercised by either
- an executive that is fully responsible to the legislature; or
- a single St Helena Council with both legislative and executive powers?

If so, these possibilities could be taken further in the following ways:

Agreeing on a shared vision for St Helena's future
Should the partners take steps as soon as possible to

X Ensure that their shared vision and the strategy for attaining it
- is developed in forums that give the people of St Helena the opportunity to have a meaningful input; and
- is approved by their elected representatives?
X Now that St Helenians have the opportunity to migrate permanently to Britain, include in the shared vision the objective of maintaining a balanced community on the island?
X Examine the connection between that objective and the objective of greater self-sufficiency?
X Examine the role of budgetary support in attaining the shared vision for St Helena?
X Look at whether the objective of "improving the efficiency of the public sector" reduces the opportunities for public sector employment? If so, should they put in place strategies for ensuring that those who lose their public sector jobs will be able to take up worthwhile employment or profitable self-employment in the private sector?
X Include technical and administrative support through functional links with United Kingdom public and private sector bodies in the strategy for attaining the shared vision?
X Look at whether the economic and social development of St Helena depends on giving greater responsibility for political decision-making to the elected representatives of the people of St Helena and, if so, include that objective in the shared vision?

A democratic St Helena Government, with an identity separate from that of the UK Government
Under the St Helena Constitution, the Governor has substantial responsibilities that are not required to be exercised on the advice of the Legislative Council or the Executive Council. St Helenians are confused about who speaks for the St Helena Government. Should the partners seek to agree on some or all of the following principles:
X That, in exercising the executive and legislative authority of St Helena, including responsibility for finance and other matters that are at present the Governor's special responsibility, the Governor will act only in accordance with the advice of the Legislative Council or the Executive Council - or possibly a single St Helena Council - as long as those bodies are honouring the agreed terms of the relationship.
X That, as long as the Constitution continues to include the present provision for Council Committees, there should be a Committee with responsibility for finance. X That the Constitution should be amended to replace as many as possible of the Governor's present discretionary powers with other mechanisms including
- a Public Service Commission with exclusive control over most decisions affecting individual members of the Public Service;
- a Judicial Services Commission to recommend the appointments of all judicial officers;
- provisions protecting the independence of the judiciary by requiring all judicial appointments to be made for a fixed term, or, in the case of the Court of Appeal, for the duration of a particular case; protecting the tenure of judicial officers during good behaviour; guaranteeing the payment of their salaries; and repealing the Governor's power to hold the Supreme Court;
- provisions protecting fundamental human rights.
X That a democratic St Helena Government should be entitled to deal directly with international organisations and the governments of other countries.
X That the Governor should cease routinely to exercise special responsibilities and powers under the Constitution, or act as the head of the administration, and instead should act principally as the representative of the Queen and of the United Kingdom Government. Could the Governor also have a useful and compatible role as a facilitator and advocate for the Government and people of St Helena?

Representative and responsible government
St Helena has a fully representative legislature, apart from the inclusion of 3 official members. But the present Council Committees are only a first step on the way to fully responsible government under the Westminster system. As in other territories without fully responsible government, Legislative Councillors who are not members of the Executive Council tend to see themselves as the Opposition.

Should the people of St Helena develop the Westminster system further by moving
X Either towards a "member system" under which
- individual members elected by the Legislative Council, rather than committees, would have responsibility for departments or subjects of government, and
- those members would elect one of their number as Chief Councillor?
X Or towards a "ministerial system" under which
- the Legislative Council would elect a Chief Minister from among its members;
- The Chief Minister would appoint 3 or 4 other Legislative Councillors as Ministers, so that all Ministers could be expected to have a similar viewpoint; - The Ministers would be individually and collectively responsible to the Legislative Council;
- As a group they would remain in office only as long as they continued to command the support of a majority of the Legislative Council on issues of confidence, including the Appropriation Bill?
X In either case, should Standing Select Committees of the Legislative Council be given the tasks of
- systematically scrutinising all areas of government activity; and
- considering Bills, hearing submissions on them from members of the public, and reporting back to the Legislative Council with recommended amendments?

Alternatively, should both the Legislative Council and Executive Council be replaced by a single St Helena Council? It would exercise both legislative and executive powers, like a local government council in England. A Chief Councillor would be elected by the other councillors or by all voters; he or she would preside over Council meetings and act as its spokesperson. The Council would work through Committees similar to the present Council Committees, but they would be required to report back to the full Council. Such a system would need to be developed only after consultation with the UK Government and with specialist advice.

The Constitutional Advisor looks forward to discussing these options with all Saints.
The draft programme for her visit sets out the many opportunities to take part.

FISHING AROUND ASCENSION