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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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Invest TCI Strengthens Regional Investment Connections at Caribbean Investment Forum 2026 in Barbados

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Providenciales, Turks and Caicos Islands – Monday, 19th October 2026: Invest Turks and Caicos Agency (Invest TCI) strengthened its regional presence at the Caribbean Investment Forum (CIF) 2026, held October 5 – 7, 2026, in Bridgetown, Barbados, participating as both a sponsor of the Forum and representative of the Turks and Caicos Islands’ investment landscape.

The Caribbean Investment Forum brought together regional and international investors, government representatives, business leaders, entrepreneurs, investment promotion agencies, and development partners to explore investment opportunities, strengthen partnerships, and advance sustainable economic development throughout the Caribbean.

The Agency’s sponsorship of CIF 2026 formed part of its continued commitment to strengthening the visibility of the Turks and Caicos Islands within the regional investment community and building relationships with investors, development partners, investment promotion agencies, and businesses across the Caribbean.

The opening of the Forum was attended by the Honourable Mia Amor Mottley, Prime Minister of Barbados, who emphasised the importance of scaling regional investment, strengthening economic cooperation, and transforming innovative ideas into commercially viable opportunities. Invest TCI was represented by Ms. Alexa Cooper, Domestic Investment Officer, and Mr. Hezron Henry, Marketing Support Officer. Throughout the Forum, the delegation engaged with stakeholders and promoted the Turks and Caicos Islands as a competitive investment destination while exploring opportunities for greater regional collaboration and knowledge exchange.

Speaking on her experience at the Forum, Ms. Alexa Cooper, Chief Domestic Investment Officer, said:

“CIF 2026 provided another valuable opportunity to engage with donor organisations, investors and Investment Promotion Agencies (IPAs) from across the Caribbean. A highlight for me was the introduction of an exclusive masterclass for fund managers, investors and support organisations, which offered practical insights into unlocking capital, strengthening investment ecosystems and supporting investment-ready businesses. I was equally impressed with the quality of projects pitched, which showcased the region’s innovation and investment potential. It was encouraging to see projects presented with a clearer understanding of investor expectations, reinforcing the importance of not simply developing projects, but ensuring they are well-structured, investment-ready and positioned to attract the right investment partners.”

Accompanying the Invest TCI delegation was Mr. Sean Penn, Chief Executive Officer of Sky Poultry Farm Ltd., the first commercial egg and poultry production facility in the Turks and Caicos Islands. Mr. Penn’s participation provided an opportunity to showcase the development of domestic enterprise within the Turks and Caicos Islands while highlighting the potential of agriculture and food production as part of the country’s broader economic diversification efforts.

Through his participation at CIF 2026, Mr. Penn had the opportunity to engage with regional stakeholders, gain exposure to developments within the Caribbean agricultural sector, and explore potential partnerships and opportunities related to agricultural investment, innovation, and enterprise development.

For Invest TCI, the combination of sponsorship, investment promotion and local business representation provided a multifaceted platform to advance the Agency’s mandate. It allowed Invest TCI not only to promote the Turks and Caicos Islands to prospective investors but also to facilitate greater exposure for a local enterprise operating within an emerging sector of the economy. The Forum also provided opportunities for the Invest TCI delegation to exchange knowledge with regional counterparts, strengthen institutional relationships, and gain insight into investment trends and opportunities affecting Caribbean economies.

As the Caribbean Investment Forum continues to expand its regional reach, Santo Domingo, Dominican Republic, was announced as the destination for the next edition of the Forum, providing another opportunity to bring together investors, policymakers, investment promotion agencies and businesses from across the Caribbean and beyond.

Invest TCI looks forward to the continued growth of the Caribbean Investment Forum and the opportunities it creates to deepen regional partnerships, promote investment, and connect Caribbean businesses with new markets and sources of capital. The Agency remains committed to attracting sustainable investment, supporting domestic enterprise, encouraging economic diversification, and developing partnerships that contribute to the long-term economic development of the Turks and Caicos Islands.

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Born Here, Raised Here, but Still Unable to Vote: Is this a Conundrum for TCI Electorate?

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By Ed Forbes

 

The Turks and Caicos Islands faces a growing demographic and democratic question that can no longer be ignored: What happens to young people born and raised here who reach adulthood without qualifying for Turks and Caicos Islander Status, and what does this mean for our country’s future?

This is not simply an immigration issue. It concerns population growth, national identity, political representation and the future relationship between the people who call these Islands home and the system that determines who can participate in our democracy.

Consider a young person born in TCI, educated in our schools, raised in our communities and now working, paying taxes and contributing to the economy. At 18, that person may hold British Overseas Territories Citizenship (BOTC) but still lack Islander Status and, consequently, the eligibility required to register as an elector.

Section 55 of the Turks and Caicos Islands Constitution Order 2011 establishes the qualifications for voter registration, including the requirement to be a Turks and Caicos Islander. Being born here, growing up here or holding BOTC citizenship does not automatically satisfy that requirement.

Of course, birth in the Islands does not automatically confer Islander Status. The law provides different routes based on parental status, nationality, residence and other qualifying circumstances. We must respect those laws while asking whether they adequately address the realities of a population that has changed considerably over the past two decades.

The numbers make this discussion increasingly urgent.

According to Government population estimates, the TCI population grew from approximately 33,500 in 2011 to 47,674 in 2022. The Government’s 2025 projection placed it at approximately 52,299. That represents projected growth of roughly 56 per cent between 2011 and 2025.

Published demographic information has also suggested that fewer than one in four residents holds Islander Status. A separate comparison of the 2022 population estimate and the 2023 registered-elector list placed registered electors at approximately 19 per cent of the population.

These figures measure different things and come from different years. They should not be confused with the percentage of eligible voters who actually cast ballots. Nevertheless, they raise an important question: How will our electorate evolve as the population continues to grow?

We should not assume that every non-Islander resident is eligible for status, or that everyone without status was born here. Equally, we cannot ignore young people who may have spent their entire lives in these Islands yet remain outside the electorate because they cannot satisfy the existing requirements.

This situation did not begin yesterday. Children born here 15 or 20 years ago are now adults. Some may qualify under existing provisions but need assistance navigating the application process. Others may have no available route under current legislation. We need reliable figures to understand the scale of each group.

With the next general election roughly two and a half years away, the time to act is now.

The Government should not wait until an election is approaching to discover how many people may qualify to register, how many remain excluded and whether legislative changes are needed. Islander Status applications and potential legislative reforms can involve lengthy processes. Any necessary changes require legal examination, consultation and sufficient time for implementation.

I propose that the Government work with the Islander Status Commission, immigration authorities and the Elections Department to conduct a comprehensive review of TCI-born adults who do not hold Islander Status. The review should establish how many qualify under existing provisions, how many have been refused or cannot apply, and the specific legal barriers involved.

Where a lawful pathway already exists, the Government should make it clear and accessible. Where genuine gaps remain, it should consult the public on whether a defined pathway should be established for qualifying individuals born, educated and lawfully raised here, with appropriate safeguards.

This is not a call to grant status indiscriminately or disregard immigration controls. It is a call to examine the consequences of our existing framework and determine whether it serves the long-term interests of the Turks and Caicos Islands.

Let’s face it, a growing migrant population, an ageing Islander community and successive generations of young people whose electoral eligibility may be restricted present questions that deserve serious, evidence-based consideration.

We cannot change the past, but we can decide whether to confront this issue today or leave it for another generation. I strongly believe, voting eligibility is more than a right; it is a pathway to inclusion and a stake in our country’s future.

The question is no longer whether this deserves public discussion. It is whether we are prepared to begin in time to make informed decisions before the next election and beyond.

The clock is ticking. Let us establish the facts, examine the law and find a fair, lawful and sustainable way forward.

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Beaches Turks & Caicos gives Enid Capron Primary a pre-term facelift

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PROVIDENCIALES, Turks & Caicos Islands: — Beaches Turks and Caicos has refreshed the grounds of Enid Capron Primary School in Five Cays, Providenciales, ahead of the new school year, with a landscaping team from the resort, pruning and cutting back overgrown branches to give the campus a cleaner, safer look.

The project focused on the school’s exterior plantings, where tangled growth had begun to encroach on walkways and outdoor learning areas. The team spent time trimming hedges, thinning dense shrubs and removing deadwood to improve sightlines and airflow around the buildings.

Assistant Landscaping Manager, Kemar Jones said the work at Enid Capron is a regular priority for the department, which views community giving as a core part of its mandate. He noted that supporting local schools, particularly through hands-on environmental work, has long been a focus area for his team.

Jones, said the effort reflects the group’s wider commitment to the islands. “As a team, our goal is to give back to our communities and especially providing support for the environment and education,” Jones noted. “The team is always ready to share our skills with making the school environment more comfortable for our students and teachers.”

General Manager Deryk Meany framed the project as part of Beaches’ broader approach to working alongside the community beyond the resort gates. “At Beaches Turks and Caicos, we operate as a team not only within the confines of the resort but also with our communities,” Meany added. “Being able to share our varied skills is always our main focus. Providing a comfortable learning environment allows for a greater relationship with our educational collaborators.”

He added that the resort seeks opportunities to support range of school-based initiatives, from environmental and leadership clubs to creative programmes.

Minister of Education, Youth, Sports and Culture Hon. Rachel Taylor described the landscaping mission as a continuation of a long-standing relationship between the Ministry and Beaches Turks and Caicos. “This mission from our major private sector supporter, Beaches Turks and Caicos is a long standing activity,” Taylor said. “At Enid Capron Primary School, we are treated as family. Once we reach out to the resort, they have always responded in a positive way.”

Hon. Taylor said the support is particularly valuable in the areas of education and community development, where consistent private-sector engagement can amplify government efforts.

Nelene Swann, vice principal at Enid Capron Primary welcomed the refreshed grounds as a boost to morale before classes resume. “This is what true collaboration looks like,” she noted. “This is more than a facelift for the school. The team from Beaches Turks and Caicos has shown true commitment in adding to this learning environment for our students and teachers.”

She said the improved landscaping contributes to a more comfortable and inviting campus for all stakeholders. “This is a good way to start the new school year. This facelift will certainly make the facilities here at the school more appealing to our students, teachers and parents.

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