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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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COURT DENIES BAIL; MISICK, HANCHELL AND CHAL MISICK TO REMAIN BEHIND BARS DURING APPEAL

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Turks and Caicos, July 6, 2026 – Former Turks and Caicos Premier Michael Misick will remain in prison as he appeals his conviction in the Special Investigation and Prosecution Team (SIPT) corruption case after the Court of Appeal refused his application for bail pending appeal.

The Court also denied bail to former Cabinet Minister McAllister Hanchell and attorney Thomas “Chal” Misick, meaning all three men will continue serving their custodial sentences at His Majesty’s Prison while the appeals process moves forward.

The ruling is a significant development in one of the territory’s most consequential criminal prosecutions. It means the convictions remain in effect, and the men will stay incarcerated unless the Court of Appeal later overturns their convictions or otherwise orders their release.

The Court found the applicants had not established the exceptional circumstances required for bail pending appeal. It also determined there was insufficient basis to conclude that the appeals were likely to succeed or that the men would complete most or all of their prison terms before their appeals are heard.

Michael Misick was sentenced in May to four years and 26 days after being convicted on three bribery counts. Hanchell received a three-year sentence for bribery, while Thomas “Chal” Misick was sentenced to four years following his conviction for money laundering.

The convictions followed years of investigations and court proceedings arising from the SIPT inquiry into allegations of corruption involving former public officials and government transactions.

While the appeals remain before the courts, Monday’s decision confirms that the three appellants will continue serving their prison sentences. Their legal challenge now shifts to the substantive appeal, where the Court of Appeal will determine whether the convictions or sentences should be upheld, varied or overturned.

 

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Warning Puts Spotlight on Governor’s Constitutional Responsibility for Financial Services  

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By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands (July 4, 2026) — The Turks and Caicos Islands Constitution assigns responsibility for the regulation of international financial services to the Governor, making Governor Dileeni Daniel-Selvaratnam’s remarks at the Financial Services Commission’s Annual Industry Meeting on June 30, 2026 more than a ceremonial keynote—they were an assessment from the constitutional office responsible for safeguarding one of the country’s most important economic sectors.

Addressing industry leaders, the Governor said the jurisdiction must strengthen regulatory effectiveness, improve supervision and responsiveness, remain agile in the face of emerging risks, and protect its international reputation as financial services continue to evolve.

Those remarks naturally raise an important question: if these are the priorities confronting the sector, what measurable progress has been made under the constitutional authority charged with its oversight?

The Governor’s address outlined a series of challenges, including cybersecurity, artificial intelligence, virtual assets, anti-money laundering compliance and increasing international scrutiny. However, the speech did not identify specific local regulatory findings, performance measures or actions taken to demonstrate how those concerns are being addressed or what has been accomplished since previous industry meetings.

The most recent publicly available Financial Services Commission Annual Report, covering the 2021/2022 financial year, painted a considerably different picture. It described a financially sound regulator that exceeded its revenue target by 43 percent, generated more than US$14 million in revenue, and transferred US$8.5 million to the Turks and Caicos Islands Government. The report also highlighted a resilient banking sector, profitable insurance operations and continued growth in registry activity.

Under Section 37 of the Turks and Caicos Islands Constitution, responsibility for the regulation of international financial services rests with the Governor, acting in her discretion. That constitutional mandate gives added significance to her assessment of the sector and, equally, invites public interest in understanding what measurable actions, reforms and outcomes have been achieved to maintain the credibility and competitiveness of one of the country’s most significant industries.

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Turks & Caicos Hotel and Tourism Association Secures Landmark Health Insurance Partnership for Tourism Workforce  

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Providenciales, Turks and Caicos Islands, June 30, 2026 – The Turks & Caicos Hotel and Tourism Association (TCHTA) has secured a landmark partnership with Caribbean Health Insurance (CHI), a product of Bee Insurance Corp, giving tourism businesses across the destination access to health coverage of up to USD 500,000 per employee.

The official signing ceremony, hosted by Beaches Turks and Caicos, capped months of work led by the TCHTA Membership Committee to identify a reputable provider capable of helping to fill a critical coverage gap in the hospitality sector.

The launch also marks a timely and significant private-sector solution to a growing healthcare coverage concern following the Government’s recent announcement that work permit holders would no longer have access to the NHIB Treatment Abroad Program – a change that left many employees across the tourism sector, and beyond it, without the usual pathway to specialized medical care outside the Turks and Caicos Islands.

TCHTA President James McAnally said the agreement is a critical step in supporting the people who power the country’s leading industry.

“Our industry depends on people, and when something as important as access to care is affected, we have a responsibility to seek practical solutions,” said McAnally. “This partnership with Caribbean Health Insurance gives our members a comprehensive and affordable option for their teams. It is also an example of the role the TCHTA plays in advocating, responding, and creating avenues that support the sustainability of our sector.”

The Caribbean Health Insurance plan offers two tiers, CORAL and PEARL Elite, providing coverage of USD 300,000 and USD 500,000 respectively, with the PEARL plan including air ambulance service. Both grant policyholders access to a growing network of hospitals and specialists in the Dominican Republic and Colombia, with Jamaica expected to join the network later this year. Coverage includes telemedicine, bilingual patient support, and features a zero-deductible structure.

“We have developed Caribbean Health Insurance specifically for our region. At Caribbean Health Holdings, we are deeply committed to supporting the people and businesses of the Turks and Caicos Islands by expanding access to high-quality and affordable healthcare solutions,” said Sergio Madinabeitia Arango, Executive Director of CHI.

“Our medical network connects members to trusted centers of medical excellence across the Caribbean and Latin America, including leading providers in the Dominican Republic, Colombia, Jamaica, and we keep expanding. This regional approach ensures that world-class care is more accessible, more efficient, and closer to home.”

On the partnership with the TCHTA, Arango shared, “Our partnership with the TCHTA represents an important step in advancing health security for one of the country’s most vital industries. Together, we are helping create stronger healthcare access for employers, employees, and their families, while supporting the long-term wellbeing of the Turks and Caicos community.”

The initiative was spearheaded by the TCHTA Membership Committee, chaired by Snjezana Andrews. Ahead of the signing, the Committee hosted a public virtual presentation, connecting employers and employees to CHI representatives to learn more about the coverage options, ask questions, and better understand the enrollment process.

“This initiative speaks directly to the purpose of the Membership Committee,” said Andrews. “Our role is to listen to our members, understand where the gaps exist, and help identify practical solutions that bring real value. We are proud to offer members an option that responds to a clear need and allows them to better support their teams.”

In 2025, the Membership Committee identified health insurance options as a priority member benefit and key goal for the Association’s current term, noting that smaller tourism providers were often challenged to access traditional group coverage on their own. The Government’s announcement regarding changes to treatment abroad access added urgency to that work and broadened its relevance across the sector.

Andrews says the partnership is not just a win for TCHTA members, but for any organization in the Turks and Caicos Islands that values its employees and wants to strengthen the benefits available to them, adding, “In a competitive labour market, access to meaningful health coverage is key to attracting, supporting, and retaining good talent.”

Honourable Kyle Knowles, Minister of Health and Human Services, attended the signing ceremony and welcomed the opportunity for continued collaboration around healthcare access and coverage options for residents and workers in the Turks and Caicos Islands.

“This new program provides an additional layer of security for employees in the tourism and hospitality sector by expanding access to private health insurance coverage, including the opportunity for eligible migrant workers and their families to access overseas medical treatment when needed. That is a powerful and compassionate development. It recognizes that while our local healthcare system offers quality care and continues to improve, there are times when specialized treatment abroad may be necessary.

This initiative is a significant advancement that complements the healthcare services already available locally, while strengthening the safety net for those who serve in one of our most vital economic sectors. It reflects a practical and forward-looking approach to expanding healthcare access, enhancing employee welfare, and supporting the long-term sustainability of our tourism and hospitality industry.”

As part of its commitment to the Turks and Caicos Islands, Caribbean Health Insurance will establish a local office at The Hub in Grace Bay. Led by veteran local insurance executive Craig Archibald, the office will provide the public with an in-country point of contact for information, assistance and service.

The TCHTA also confirmed that a second coverage option, offering access to care within the United States, is being finalized with local provider, CSC Insurance Brokers Ltd. Further details will be shared once that agreement is complete.

“This is bigger than a single agreement. It’s about making sure our members and their teams have real options when it comes to something as fundamental as healthcare,” said Stacy Cox, TCHTA CEO. “We encourage every local organization, member or not, to reach out and explore what this partnership can offer their teams and families.”

Interested businesses can contact the Turks & Caicos Hotel and Tourism Association at info@turksandcaicoshta.com or 649.332.5787 to learn more about TCHTA membership and the CHI health insurance option.

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