The
Magnus Hirschfeld Center for Human Rights
Crosswicks
House
Post
Office Box 1974
Bloomfield,
New Jersey 07003-1974
U.S.A.
E-Mail: crosswix@hotmail.com
Internet: http://www.come.to/humanrights
June 20, 2002
H.E. the Hon. Frank Savage
The Governor
Government House
Post Office Box 702, Road Town
Tortola, BRITISH VIRGIN ISLANDS
Dear Governor Savage, Your Excellency:
The Magnus Hirschfeld Center for Human Rights is an internationally-based, non-governmental organization founded in 1986, and engaged in advocacy on behalf of and providing legal representation for individuals and groups of individuals whose human and civil rights under international law appear to have been violated by governments or agencies of governments.
The Center’s mandate places special emphasis on defending the human and civil rights of gay, lesbian, bisexual and transgendered persons, their communities and their communities’ organizations.
It is in connection with what appears to be such a breach that I am writing to you, Your Excellency, in your capacity of Governor of the British Virgin Islands and de jure superintendent of the territory’s public service apparatus.
In a report contained in the current Bulletin of the International Lesbian & Gay Association (1/02, p. 15) and authored by Dr. Richard Stern, Director of the Agua Buena Human Rights Association based in San Jose, Costa Rica, it is stated that the British Virgin Islands, an overseas dependent territory of the United Kingdom, lags far behind not only international standards for the care of persons suffering with HIV/AIDS, but far behind prevailing local standards.
Specifically, the reports cites the testimony of one Mr. Purnell Christian, a resident of the British Virgin Islands living with AIDS, before the Caribbean Regional AIDS/HIV Meeting that took place at San Juan, Puerto Rico, on May 2nd, 2002. According to Mr. Christian’s (and others’) testimony, a critical issue facing HIV/AIDS sufferers is discrimination at the hands of actual and prospective employers, and in the instant case, at the hands of his employer, the government of the British Virgin Islands.
The meeting’s rapporteur, Dr. Stern, reported Mr. Christian as having stated: “They [the Government authorities who fired him from the position of employment he had held for eight years as a civil servant upon learning he had AIDS] wish I would just die.” Christian was employed in Tortola, the most populated island of the territory with 30,000 residents.
According to the report, government authorities demanded Mr. Christian return accrued pension fund earnings to them as well upon learning of his condition.
Mr. Christian had recovered from his HIV-related illness and with the support of his family has been able to purchase antiretroviral medications he has at present been dependent on for over two years. Without such support, unemployed (because of an action of the BVI government) and likely unemployable, Mr. Christian would have probably died without such support. Mr. Christian, a graduate of the U.S.’s Cornell University, has stated that “I can’t get a job; once the word gets out that you have AIDS, everyone knows. You lose all your dignity when you are not allowed to work.”
Further testimony at the May 2nd Caribbean Regional AIDS/HIV Meeting was offered by Ms. Debbie Kahn, R.N., a nurse specializing in HIV/AIDS and related disorders, on Mr. Christian’s situation. She stated that “We (herself and fellow health professionals) have tried to start an HIV/AIDS support group in Tortola, but everyone is terrified that their employer would find out that they have AIDS. Mr. Christian’s mental health has suffered because of this situation. Physically he is fine – his viral load is below 50 and he could easily work – but no one will hire him.”
While the British Virgin Islands exercises internal self-government under the terms of its constitution (Statutory Instrument no. 2145 of 1976, as embodied in the Virgin Islands Constitution Order of 15 December 1976) , the United Kingdom (whose dependent territory it is) is responsible for the territory’s adherence to and execution of its obligations under international law (as well as under section 71 of the Virgin Islands Constitution). In her statement made to the June 25th, 2001 Special United Nations General Assembly on AIDS (UNGASS), the U.K. Secretary of State for International Development stated that “If we (the governments of the world) fail to work together to remove the denial, the stigmatization , and the discrimination that exist (against HIV/AIDS victims) we will fail to halt the spread of the infection. Open and honest debate and the sharing of knowledge and information is essential if we are to make progress in tackling HIV/AIDS.”
It is estimated by the United Nations statistical office that, in the Caribbean region alone, in excess of 400,000 persons are HIV positive. Of these, approximately 80,000 are in urgent need of retroviral therapy as well as other treatment that only a very few of that number can afford.
In this instance (and it is likely that a great many others exist) the actions of the Government of the British Virgin Islands has contributed to the lethal character of this disease by denying its protection to those of its citizens affected thereby.
The purpose of this correspondence is twofold: firstly, to request that the territorial executive and legislature immediately take all steps necessary to legally and administratively put an end to employment discrimination (inter alia) on the basis of AIDS/HIV status in the British Virgin Islands. This letter further requests the cooperation of the territory’s cultural, educational and religious leadership as well as its citizenry in ending such discrimination. Additionally, it is requested that Mr. Purnell Christian be immediately reinstated in his employment and any negative economic impact he has been subjected to be remedied by the government. Further, in the event that pension fund proceeds have been taken from him, it is requested that they be immediately restored.
The second purpose of this correspondence is to call to the attention of the territory’s government it’s obligation to bring domestic legislation current with the obligations borne on its behalf by the United Kingdom under international law, specifically under such treaties as (among others) the European Convention on Human Rights and Fundamental Freedoms (with specific reference to Article XIV) and the International Covenant on Civil and Political Rights, (with specific reference to Articles 2(1), 2(3: 1,2), and 26), as well as the International Covenant on Economic and Social Rights, to which the United Kingdom is subject to and a signatory on the British Virgin Islands’ behalf, as well as under the local laws of the territory (with specific reference to sections 51 and 53 of the Virgin Islands Constitution Order of 15 December 1976). An additional aspect of this correspondence’s second purpose is to call to the attention of the government of the United Kingdom its own obligations under international treaty law, one of which is to ensure that its dependent territories’ legislation conforms with international legal standards, or in the event of a lack of such conformity, to legislate on its territories’ behalf.
The promptest possible cooperation from your office and your Government is anticipated, and your promptest possible reply to this correspondence is urgently and respectfully requested.
Sincerely yours,
William A.M. Courson
Executive Director
THE HIRSCHFELD CENTRE
Rt. Hon. Jack Straw, M.P.
Secretary of State for Foregin & Commonwealth Affairs
The Foreign & Commonwealth Office
King Charles Street
London, ENGLAND SW1A 2AH
The Hon. Baroness Valerie Amos
Parliamentary Under-Secretary for Foreign & Commonwealth Affairs
Overseas Territories Department
The Foreign & Commonwealth Office
King Charles Street
London, ENGLAND SW1A 2AH
The Hon. Ralph T. O’Neal, Chief Minister
Government of the British Virgin Islands
Government House
Post Office Box 702, Road Town
Tortola, BRITISH VIRGIN ISLANDS
The Hon. Ethelne Smith, Minister of Health & Welfare
Government of the British Virgin Islands
Government House
Post Office Box 702, Road Town
Tortola, BRITISH VIRGIN ISLANDS
Mr. Stephen Dickinson
c/o The Grainger Trust
Times Square
Newcastle upon Tyne, ENGLAND NE1 4EP