Resolution adopted by the General Assembly
12 December 2022
RESOLUTION 77/137 Question of the British Virgin Islands
The General Assembly,
Having
considered the question of the British Virgin Islands and examined the
report of the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples for 2022,
Taking
note of the working paper prepared by the Secretariat on the British Virgin
Islands
and other relevant information,
Recognizing
that all available options for self-determination of the Territory are valid as
long as they are in accordance with the freely expressed wishes of the people
of the British Virgin Islands and in conformity with the clearly defined
principles contained in General Assembly resolutions 1514 (XV) of 14 December 1960, 1541 (XV) of 15 December 1960
and other resolutions of the Assembly,
Expressing
concern that, more than 60 years after the adoption of the Declaration on the
Granting of Independence to Colonial Countries and Peoples, there still remain 17 Non-Self-Governing Territories, including the
British Virgin Islands,
Conscious
of the importance of continuing the effective implementation of the
Declaration, taking into account the target set by the United Nations to
eradicate colonialism by 2030 and the plan of action for the International
Decades for the Eradication of Colonialism,
Recognizing
that the specific characteristics and the aspirations of the people of the
British Virgin Islands require flexible, practical and innovative approaches to
the options for self-determination, without any prejudice to territorial size,
geographical location, size of population or natural resources,
Convinced
that the wishes and aspirations of the people of the Territory should continue
to guide the development of their future political status and that referendums,
free and fair elections and other forms of popular consultation play an
important role in ascertaining the wishes and aspirations of the people,
Concerned
by the use and exploitation of the natural resources of the Non-Self-Governing
Territories by the administering Powers for their benefit, by the use of the
Territories as international financial centres to the detriment of the world
economy and by the consequences of any economic activities of the administering
Powers that are contrary to the interests of the people of the Territories, as
well as to resolution 1514 (XV),
Convinced
that any negotiations to determine the status of the Territory must take place
with the active involvement and participation of the people of the Territory,
under the auspices of the United Nations, on a case-by-case basis, and that the
views of the people of the British Virgin Islands in respect of their right to
self-determination should be ascertained,
Noting
the continued cooperation of the Non-Self-Governing Territories at the local
and regional levels, including participation in the work of regional
organizations,
Mindful
that, in order for the Special Committee to enhance its understanding of the
political status of the people of the British Virgin Islands and to fulfil its
mandate effectively, it is important for it to be apprised by the United
Kingdom of Great Britain and Northern Ireland as the administering Power and to
receive information from other appropriate sources, including the
representatives of the Territory, concerning the wishes and aspirations of the
people of the Territory,
Aware
of the importance both to the British Virgin Islands and to the Special
Committee of the participation of elected and appointed representatives of the
British Virgin Islands in the work of the Committee,
Recognizing
the need for the Special Committee to ensure that the appropriate bodies of the
United Nations actively pursue a public awareness campaign aimed at assisting
the people of the British Virgin Islands with their inalienable right to
self-determination and in gaining a better understanding of the options for
self-determination, on a case-by-case basis,
Mindful,
in that connection, that the holding of regional seminars in the Caribbean and
Pacific regions and at Headquarters, with the active participation of
representatives of the Non-Self-Governing Territories, provides a helpful means
for the Special Committee to fulfil its mandate and that the regional nature of
the seminars, which alternate between the Caribbean and the Pacific, is a crucial
element in the context of a United Nations programme for ascertaining the
political status of the Territories,
Welcoming
the Pacific regional seminar on the theme “Advancement of the Non‑Self-Governing
Territories through the coronavirus disease (COVID-19) pandemic and beyond”,
held by the Special Committee in Castries and hosted by the Government of Saint
Lucia from 11 to 13 May 2022, as a significant and forward-looking event, which
enabled the participants to assess progress made and address challenges faced
in the decolonization process, review the existing working methods of the
Committee and renew its commitment to implementing its historic task,
Recalling
the importance of the conclusions and recommendations adopted by the seminar,
which are annexed to the report of the Special Committee and which outline the
findings of the seminar, including, especially, the way forward for the
decolonization process within the context of the proclamation by the General
Assembly of the period 2021–2030 as the Fourth International Decade for the
Eradication of Colonialism,
Noting
with appreciation the contribution to the development of some Territories
by the specialized agencies and other organizations of the United Nations
system, in particular the Economic Commission for Latin America and the
Caribbean, the Economic and Social Commission for Asia and the Pacific, the
United Nations Development Programme and the World Food Programme, as well as
regional institutions such as the Caribbean Development Bank, the Caribbean
Community, the Organisation of Eastern Caribbean States, the Pacific Islands
Forum and the agencies of the Council of Regional Organizations in the Pacific,
Noting
the statement made by a representative of the Government of the British Virgin
Islands at the 2022 Pacific regional seminar,
Recalling
the invitation extended by the Premier to the Special Committee to send a
visiting mission to the Territory in 2019 and 2021,
Stressing
the importance of regional ties for the development of a small island
Territory,
Cognizant
of the Territory’s membership in the Caribbean Overseas Countries and
Territories Council,
Recalling
with concern the devastating damage and impact caused in the Territory by
Hurricane Irma and Hurricane Maria in 2017,
Recalling
the general elections that were held in February 2019,
Recalling
also the establishment of the Commission of Inquiry by the Governor on 18
January 2021, and aware of the publication in April 2022 of the report of the
Commission of Inquiry,
Taking
note of the agreement of the administering Power to the proposal by the
territorial Government of National Unity on the implementation of the
recommendations of the Commission of Inquiry without the need for a temporary
partial suspension of the Constitution,
Expressing
concern that the administering Power put an Order in Council on hold to
partially suspend the Constitution if the Government of the United Kingdom
assesses that the implementation of the recommendations does not proceed
satisfactorily,
Recalling
relevant resolutions adopted by the General Assembly in connection with the
COVID-19 pandemic,
1. Reaffirms the inalienable right of
the people of the British Virgin Islands to self-determination, in conformity
with the Charter of the United Nations and with General Assembly resolution 1514 (XV), containing the
Declaration on the Granting of Independence to Colonial Countries and Peoples;
2. Also reaffirms that, in the process
of decolonization of the British Virgin Islands, there is no alternative to the
principle of self-determination, which is also a fundamental human right, as recognized
under the relevant human rights conventions;
3. Further reaffirms that it is
ultimately for the people of the British Virgin Islands to determine freely
their future political status in accordance with the relevant provisions of the
Charter, the Declaration and the relevant resolutions of the General Assembly,
and in that connection calls upon the administering Power, in cooperation with
the territorial Government and appropriate bodies of the United Nations system,
to develop political education programmes for the Territory in order to foster
an awareness among the people of their right to self-determination in
conformity with the legitimate political status options, based on the
principles clearly defined in Assembly resolution 1541 (XV) and other relevant
resolutions and decisions;
4. Recalls the 2007 Constitution of
the British Virgin Islands, and stresses the importance of continued
discussions on constitutional matters, to accord greater responsibility to the
territorial Government for the effective implementation of the Constitution and
increased levels of education relating to constitutional matters;
5. Calls for full respect of the
Constitution and the mutual agreement with respect to the recommendations of
the report of the Commission of Inquiry, and calls upon all parties involved to
maintain dialogue and work in partnership in the interest of the people of the
Territory;
6. Stresses the need for continued
close monitoring by the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples of the situation in the Territory, including the dispatch
of a visiting mission, in close consultation with the administering Power and
the territorial Government;
7. Requests the administering Power to
assist the Territory by facilitating its work concerning public educational
outreach efforts, consistent with Article 73 b of the Charter, and in
that regard calls upon the relevant United Nations organizations to provide
assistance to the Territory, if requested;
8. Welcomes the active participation
of the Territory in the work of the Economic Commission for Latin America and the
Caribbean;
9. Stresses that the Territory should
continue to participate in the activities of the Special Committee, including
regional seminars, in order to provide the Committee with up-to-date
information regarding the decolonization process;
10. Also stresses the importance of the
Special Committee being apprised of the views and wishes of the people of the
British Virgin Islands and enhancing its understanding of their conditions,
including the nature and scope of the existing political and constitutional
arrangements between the British Virgin Islands and the administering Power;
11. Calls upon the administering Power
to participate in and cooperate fully with the work of the Special Committee in
order to implement the provisions of Article 73 e of the Charter and the
Declaration and in order to advise the Committee on the implementation of the
provisions under Article 73 b of the Charter on efforts to promote
self-government in the British Virgin Islands, and encourages the administering
Power to facilitate visiting and special missions to the Territory;
12. Also calls upon the administering
Power to facilitate a visiting mission to the Territory, and requests the Chair
of the Special Committee to take all the steps necessary to that end;
13. Reaffirms the responsibility of the
administering Power under the Charter to promote the economic and social
development and to preserve the cultural identity of the Territory, and
requests the administering Power to take steps to enlist and make effective use
of all possible assistance, on both a bilateral and a multilateral basis, in
the strengthening of the economy of the Territory;
14. Takes into account the 2030 Agenda
for Sustainable Development,
including the Sustainable Development Goals, stresses the importance of
fostering the economic and social sustainable development of the Territory by
promoting sustained, inclusive and equitable economic growth, creating greater
opportunities for all, reducing inequalities, raising basic standards of living,
fostering equitable social development and inclusion and promoting the
integrated and sustainable management of natural resources and ecosystems that
supports, inter alia, economic, social and human development, while
facilitating ecosystem conservation, regeneration, restoration and resilience
in the face of new and emerging challenges, and strongly urges the
administering Power to refrain from undertaking any kind of illicit, harmful
and unproductive activities, including the use of the Territory as an international
financial centre, that are not aligned with the interest of the people of the
Territory;
15. Requests the Territory and the
administering Power to take all measures necessary to protect and conserve the
environment of the Territory against any degradation, and once again requests
the specialized agencies concerned to monitor environmental conditions in the
Territory and to provide assistance to the Territory, consistent with their
prevailing rules of procedure;
16. Reiterates its call upon the
administering Power, the specialized agencies and other organizations of the
United Nations system and regional organizations to provide all the necessary
assistance to the Territory, support the recovery and rebuilding efforts and
enhance capabilities for emergency preparedness and risk reduction, in
particular in the aftermath of Hurricane Irma and Hurricane Maria that impacted
the Territory in 2017;
17. Requests the Special Committee to
continue to examine the question of the British Virgin Islands and to report
thereon to the General Assembly at its seventy-eighth session and on the
implementation of the present resolution.
52nd plenary meeting
12 December 2022
