by LINLEY WINTER (November 26, 2025)
The work of the Constituencies Boundaries Commission (CBC) is critical to the electoral process
in Antigua and Barbuda. Elections are contested in constituencies. Section 62 (1) of the
Constitution says, “…Antigua and Barbuda shall be divided into such number of constituencies,
at least one of which shall be in Barbuda, having such boundaries as may be provided for by an
Order made by the Governor-General in accordance with the provisions of section 65 of this
Constitution”.
In addition, in 2012, the Parliament passed The Constituencies Boundaries Commission
Guidance Act No. 10 of 2012. The passage of this Act was consistent with section 64 (3) of the
Constitution. That section says, “In reviewing the number, and the boundaries of the
constituencies and making its report thereon, a Constituencies Boundaries Commission shall be
guided by such general principles as may be prescribed by Parliament”.
The Constituencies Boundaries Guidance Act comprises only three sections. Nevertheless, it
profoundly changed, for the better, the way the CBC should conduct its work. The Act is rooted
in the principle of reform. This is evident in section 3 (1) that mandates that the “…constituencies
shall contain as nearly equal numbers of inhabitants…” This was stipulated to create more
equity in the size of the constituencies. Importantly, the Act makes it clear that constituencies’
sizes are determined by the number of people who live in them, NOT the number of voters. This
is a recognition that a person elected to the House of Representatives serves the interests of all
constituents, not just those who can vote or those who voted for that person to be the Member
of Parliament.
The Act goes further. In section 3 (2), it says, “During the process of its review, the Commission
shall where necessary hold consultations with interested persons and obtain credible data or
information to assist its deliberations.” This section is critical to where we are, at this time, in
relation to the CBC’s “consultations”.
Firstly, the presumed “consultations” that the CBC has embarked on are farcical. Why is this so?
The judgment of the Court of Appeal of the Eastern Caribbean Supreme Court in case
ANUHCVAP2013/0026 brought by Gaston Browne and others against the Constituencies
Boundaries Commission, the Attorney General of Antigua and Barbuda, etc., sets the premise for
what constitutes a legitimate consultative process by a “decision making body”. In the judgment,
it says: “A decision making body is required to provide to persons with whom it must consult
such information, in clear terms, as to what the proposal is and why it is under positive
consideration.” And it goes on: “the decision making body ought to furnish enough information
to enable persons to make an intelligent response.”
Now, we can ask if, based on the judgment of the Appeal Court, the following have been fulfilled
to date:
- Has the CBC, as a “decision making body”, provided to the public, “in clear terms” any
proposal for changing constituencies’ sizes, boundaries, etc., and why such changes are
being considered? And,
2. Has the CBC, as a “decision making body”, furnished “enough information to enable
persons to make an intelligent response”?
The answer to both questions is a resounding “NO”! Therefore, the CBC has not fulfilled its
obligation to the public in relation to providing any proposal that may legitimise a consultative
process.
Secondly, the CBC has not complied with the mandate in section 3 (2) of the Act regarding the
use of “credible data or information”. One recognises that any change to the sizes, etc., of the
constituencies to meet the requirements of the Act will be restricted only to Antigua at this time.
And, as said earlier, the Act makes it clear that it is the number of inhabitants that is to be used
to determine the size of each constituency. For the number of inhabitants in any constituency to
be known we need to have census data. And recent census data will meet the bar for the
“credible data” that the Act speaks about. The population and housing census, we are told, is
currently in progress. Therefore, the CBC does not have available to it any “credible data or
information” that can be used to propose any changes to the sizes of the sixteen constituencies
in Antigua.
The cynics among us contend that the CBC is acting with haste to meet an established timeline
in which to wrap up its work before the next general elections; and of necessity, constituencies’
boundaries changes must predate the elections. Such cynics also contend that one or more
members of the CBC is being influenced by some person or persons to give effect to changes in
the constituencies’ sizes, etc.
What I know is that it takes evidence to support such claims, not speculation. Such claims, to be
valid, will require evidence that shows that the CBC’s work has been compromised on account of
a violation of section 63 (11) of the Constitution. That section says that the CBC’s work “…shall
not be subject to the control or direction of any other person or authority”.
What is clear is that, at this time, no “credible” census data exists to inform the CBC’s work to
make proposals about the sizes of the constituencies, etc. Consequently, no one in the public can
give an “intelligent response” to the CBC’s work. The CBC, like the rest of us, must await the
completion of the enumeration exercise for the census before it is in a position to “hold
consultations”, as the Act requires; and it must meet the Appeal Court’s conditions regarding a
proposal from a “decision making body”. As a result, the CBC’s “consultations”, at this stage,
have no legitimacy.
Linley Winter is an Antiguan and Barbudans known for his commentary and professional activities.