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TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

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#TurksandCaicos – April 30, 2021 – The Turks and Caicos Islands Government recently announced the following policies with a view of mitigating against the effects of the Covid-19 pandemic:

  1. mandatory vaccination as a condition to obtain a work permit (both new and renewal).
  2. mandatory weekly testing of public facing public servants who decide not to be vaccinated.
  3. requiring vaccines to obtain benefit in certain circumstances (e.g., easier re-entry into TCI for vaccinated residents, etc.)

The Human Rights Commission is mandated to take appropriate steps to protect the rights of all residents of the Turks and Caicos Islands and in doing so must act in accordance with the Islands’ Constitution which enshrines various human rights as fundamental rights and freedoms to be enjoyed by all residents of the Islands. Whilst some human rights are absolute, others can be derogated when required by circumstances of public emergencies. The Constitution, like other human rights conventions, allows for the Government to derogate some of the non-absolute fundamental rights during periods of public emergency.  

The Commission has considered the policies of the Government and agree that it is empowered under both the Constitution and international conventions to derogate some of the non-absolute rights.  In so doing, the government is required to balance the protection of rights against public safety while ensuring that absolute rights are maintained. In the case of the Covid-19 policies, the right of one individual not to be vaccinated must be weighed against the right to life of the general population.  This balancing act is a key component of democratic societies. In seeking to balance, the Government must act reasonably, proportionately and in the best interest of the greater population.

The following is a consideration of relevant fundamental human rights:

The right to life (Section 2 of the TCI Constitution)

This is an absolute fundamental human right and cannot be derogated. Accordingly, the Government cannot deliberately take a person’s life. This includes a duty to take proactive, reasonable steps (not all possible steps) to protect a person’s life; and applies when Government knows (or ought to have known) that life is at serious and immediate risk. In a health setting, reasonableness is judged against broadly accepted medical opinion. It is the Commission’s view that the Government has taken reasonable, proportionate, and pro-active steps to protect the lives of its citizens and residents.  None of the Government’s actions places any life at serious and immediate risk.

The right to be free from inhuman or degrading treatment (Section 3 of the TCI Constitution)

This is an absolute right and protects against serious physical or mental harm from the Government, whether that harm is intentional or not. The Commission views the Government’s action as proportionate and adequate to protect the general public of harm (both mental and physical).  None of the actions will result in inhumane or degrading treatment or harm.

Right to liberty (Section 5 of the TCI Constitution)

This is NOT an absolute right and can be derogated.   A person is deprived of their liberty when they are living under constant supervision and/or control and they are not free to leave.  The right can be restricted when necessary, under very specific circumstances.  A deprivation of liberty is only allowed if it is lawful, legitimate, and proportionate including for the purpose of ‘the prevention of the spreading of infectious diseases. ’Government’s action to implement the policies for the purpose of the prevention of Covid-19.  The actions are reasonable and proportionate and does not extremely restrict people’s movements.

The right to private and family life (Section 9 of the TCI Constitution

This is NOT an absolute right and can be derogated.  It protects our right to respect for private and family life including physical and mental wellbeing and autonomy (e.g., being able to make decisions about your health and care).  Condition of vaccination to enjoy certain benefits (entry into public places, hassle free travel, etc.) may in normal circumstances be a contravention of this fundamental right.  It is the Commission’s view that the Government action to derogate this right is warranted under the period of emergency and the derogation of the right is both reasonable and proportionate.  Persons are allowed to make the choice about their health however, the government has placed reasonable and proportionate restrictions based on the choice made in the best interest of the population at large.    

The right to be free from discrimination (Section 16 of the TCI Constitution):

This is NOT an absolute right and can be derogated.  This right seeks to protect our right not to be discriminated against and means that we should all be able to enjoy our human and fundamental rights without discrimination.  Differential treatment of people may not be discriminatory if it can be objectively and reasonably justified.  In this case with the ongoing public health emergency the action by the Government can be objectively and reasonably justified in the best interests of the population.

Case law in the EU and Caribbean

Courts in both Europe and the Caribbean have considered contravention of human and fundamental rights claims in relation to mandatory vaccines and derogation of citizens’ rights in times of emergency and crisis.

The European Court of Human Rights ruled that the Czech Republic did not contravene any of the EU Human Rights conventions by requiring mandatory vaccinations (it was not, however, in relation of the Covid-19 vaccine).

The Court in Trinidad and Tobago ruled that the Governments action to refuse entry of citizens into Trinidad and Tobago was not in contravention of any constitutional and fundamental human rights during a time of crisis.

Conclusion

The Commission is not persuaded that the Government’s policies have contravened any rights enshrined in the Constitution. Further, that the policies as implemented are so done for the protection of the public in this time of emergency caused by the Covid-19 pandemic is reasonable and proportionate and it is in their opinion in the best interest of the greater good.  We do not think that any of the actions by the Government described herein contravenes any human right or fundamental constitutional right of any resident of the Turks and Caicos Islands.

The Human Rights Commission continues to exercise its role as a watchdog institution and for the protection of rights for everyone residing in the Turks and Caicos Islands.

Media Statement provided by the Human Rights Commission of the Turks and Caicos Islands

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Independent writer

A Turks and Caicos we can all be proud of

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What’s on my mind is a Turks and Caicos that deserves to be celebrated, not reshaped into something unrecognizable.

Yes, Providenciales has grown. It has welcomed businesses, ideas, and people from all over the world, and in many ways it reflects the beauty of a melting pot. But growth should not mean erasure. Progress should not require us to trade away the very soul of who we are.

There is a moment we are standing in right now that calls for intention. Stop. Pause. Preserve. Think ahead for the generations to come. All is not lost, but it can be, if we do not choose wisely.

Each Islander is unique to the island they are from. Even our dialogue carries the imprint of where we come from. Our accents, expressions, rhythms, and ways of telling stories quietly reveal our home islands. That is our power. That is our beauty. The true richness of Turks and Caicos lives in its people as much as in its landscapes. Exploring and preserving our islands must also mean exploring and preserving their inhabitants, their knowledge, their traditions, and their ways of life. We are not here to invent something foreign. We are here to shape and mold what we have already been given. God has already provided the blueprint. We only need to slow down long enough to see what is right in front of us.

No one knows your country or your product better than you who have lived it. Why try to be something we are not? Each time we attempt to imitate another place, we lose a piece of our own lifestyle. A lived experience is what gives us the authority to shape our present and our future.

I envision the marketing and development of our family islands not as replicas of somewhere else, but as island treasures. Places where businesses rise from culturally focused initiatives, designed first with residents in mind, and where visitors are welcomed into an authentic haven that reflects what Turks and Caicos truly represents.

North Caicos as a living sanctuary. Lush, green, and respected. A place for nature trails, wildlife exploration, farming traditions, and environmental exhibitions, where development works with the land, not against it.

Middle Caicos safeguarded for its history and natural wonders. Its caves protected not only as attractions, but as classrooms. Its flamingos preserved as symbols of the fragile beauty we are responsible for protecting.

South Caicos honored as the salt and fishing capital. The rhythm of boats, salt ponds, and sea life forming the heart of its identity. A working island where maritime culture and sustainable fishing are supported, celebrated, and passed down.

Grand Turk restored and respected as a cultural and historical anchor. Front Street with its light and British flare revived with intention. The return of a strong public library and cultural spaces for those who adore history, storytelling, and research.

Salt Cay protected in its quiet uniqueness. A picturesque island lifestyle centered on stillness, craftsmanship, heritage, and community.

The heart of this vision is not tourism alone. It is our people.

Celebrate our island cultures. Create small businesses that allow islanders to thrive with dignity, love, and respect. Build economies that sustain us without displacing us. Let development work in service of community, not the other way around.

Teach our youth the trades, the arts, the skills, and the stories while our elders are still here to pass them on. Boat building, straw work, farming, fishing, cooking, music, storytelling, herbal knowledge, construction, and design. These are not relics. They are foundations.

From this, innovation is born. When young people are rooted, they can modernize tradition without losing it. They can bridge yesterday and today. They can create futures that honor the past instead of replacing it.

We do not need to become a concrete jungle to be successful. We do not need to mirror other places to be worthy. We do not need to sacrifice our identity to attract the world.

What we need is the courage to protect what is left, the wisdom to shape what is coming, and the commitment to ensure that being a Turks and Caicos Islander is not just a title, but a living experience our people can still feel, recognize, and pass on.

 

From Alicia Swann

Turks and Caicos Islander

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Beaches Turks and Caicos sets the Benchmark for Biodiversity in the TCI

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Volunteers from the Sandals Foundation and Great Shape 1000 Smiles dental programme complete an oral health presentation at the Ashley Learning Centre took time out to share in a photo opportunity with some students and teachers

PROVIDENCIALES, Turks & Caicos Islands: — Beaches Turks & Caicos continues to lead the way in sustainability by cultivating a culture of environmental stewardship across the Turks and Caicos Islands. Through the introduction of biodegradable alternatives, agricultural education and community partnerships, the resort is setting a new standard for eco-conscious hospitality.                                                                                                                                                                  As part of its ongoing sustainability mission, the resort has replaced single-use plastics and certain chemicals with compostable, biodegradable products derived from natural sources, to reduce pollution and minimize the resort’s carbon footprint.

At Beaches Turks & Caicos, sustainability is woven into every part of the guest experience,” said Managing Director, James McAnally. “From the products we use to the relationships we nurture, our goal is to make responsible environmental choices that benefit our guests, team members and the wider Turks and Caicos community.”

The resort also practices on-site composting, recycling fruit and vegetable waste from its kitchens to enrich soil and sustain its lush landscaping. This closed-loop system reduces waste and promotes biodiversity across the property.

Beyond the resort, Beaches collaborates with local partners including schools, government agencies and NGOs to extend green education into the wider community. Through the Sandals Foundation, the resort supports projects such as the installation of water filtration systems, tree-planting activities and biodegradable workshops. Schools like Enid Capron Primary have expanded their farming projects and integrated agricultural science into their curriculum thanks to this partnership.                                                                                                                                                                                 Beaches also leads regular coastal cleanups and reforestation drives which inspires residents and students to play an active role in protecting their environment. “The Earth Guardian volunteers take pride in giving back to our schools and the communities we serve,” noted Public Relations Manager, Orville Morgan. “These initiatives create a sense of shared responsibility that strengthens both our communities and our natural resources.”

With its commitment to biodegradable innovation, sustainable education and environmental action, Beaches Turks & Caicos continues to set the benchmark for biodiversity and sustainability in the Turks and Caicos Islands.

Photo Captions

1st insert:  Beaches Turks and Caicos and the Sandals Foundation celebrate with students at the Enid Capron Primary School in a Reading Road Trip experience where guests and students get to experience a cultural melting pot of activity.


2nd insert: Beaches Turks and Caicos resort Simone Woodfine from the Bar Department prepares to plant a tree at one of our schools to celebrate the mission of providing a healthier environment for the Turks and Caicos Islands

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Turks and Caicos Corporate Community Join Beaches Resort to Raise Funds for Jamaica’s Hurricane Melissa Relief

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Some members of the local media fraternity who were present to share in the experience

Turks and Caicos Islands, December 17, 2025 – Corporate partners in and around Providenciales recently joined Beaches Turks and Caicos Resort raising over US $54,000 to support Jamaica’s Hurricane Melissa Relief effort.  The fundraising dinner, aptly titled, ‘One Caribbean, One Family, One Love’ saw over eighteen companies gather on Friday, December 12 to support the recovery of families and the rebuilding of communities affected by the category 5 storm.

“When our Caribbean family calls, we will respond with love,” said Deryk Meany, General Manager of the Beaches Turks and Caicos resort. “Today it is Jamaica that is affected, but tomorrow, it could be the Turks and Caicos or another neighbouring island. We are committed to serving our brothers and sisters and are deeply grateful to everyone who have donated to the cause.”

Since the passage of Hurricane Melissa in Jamaica on October 28, the Sandals Foundation has been working around the clock with local agencies and international partners to provide shelter essentials, food, and clean water, restore schools, and provide medical support to hospitals. Funds raised at the recent benefit dinner will help bolster the next phase of the philanthropic organisation’s support to rebuild schools and livelihoods in affected communities.

“As we continue to provide essential first-relief support, we have already begun our long-term recovery response,” says Patrice Gilpin, Public Relations Manager at Sandals Foundation. “Many schools, which are the cornerstone of stability, learning, and emotional support for our young ones, require urgent attention. This donation will go a far way in restoring a sense of normalcy in the lives of our youngest and most vulnerable.”

The One Caribbean, One Family, One Love fundraising dinner featured, amongst other things a silent auction of Sandals and Beaches Resort stays, airline tickets, spa services, catamaran cruise, and private chef dinner. The night’s four course meal was also spearheaded by the TCI’s 2025 Taste of the Caribbean silver medalist culinary team- all of whom volunteered for the event.

Managing Director of the Northern Caribbean and Curaçao, James McAnally expressed delight at the outcome noting, “The success of this event is indicative of the power of partnerships to effect real change. We are grateful to the TCI business community, resort guests and our resort team for coming together and making this moment count.”

Photo Captions

1st insert:  Sandals Foundation Public Relations Manager Patrice Gilpin (centre) accepts the cheque from Beaches Turks and Caicos resort General Manager Deryk Meany (left) and Managing Director of the Northern Caribbean and Curacao James McAnally

2nd insert:  Members of the Beaches Turks and Caicos resort’s entertainment team were on hand to provide scintillating performances at the event

3rd insert:  Beaches Turks and Caicos resort General Manager Deryk Meany (5th left) poses for the cameras with representatives of the Graceway Communities as he personally thanked those who were in attendance

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