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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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The Turks and Caicos Islands Participates in the 60th Plenary and Working Group Meetings of The Caribbean Financial Action Task Force (CFATF)

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PRESS RELEASE

FROM THE ANTI-MONEY LAUNDERING COMMITTEE

 

Providenciales, Turks and Caicos Islands – Monday, 16th June 2025: The Hon. Rhondalee Braithwaite Knowles OBE KC, Attorney General and Chair of the Turks and Caicos Islands’ Anti-Money Laundering Committee (AMLC), led a delegation of legal, law enforcement, and financial regulators to the CFATF Plenary and Working Group meetings held in Trinidad from 25th to 30th May 2025. The delegation included officers from the Royal Turks and Caicos Islands Police Force (RTCIPF) and the Border Force as well as staff of the Turks and Caicos Islands Financial Services Commission (TCI FSC), the Gaming Control Commission (GCC), the Financial Intelligence Agency (FIA), the Attorney General’s Chambers, and the AMLC Secretariat.

The Turks and Caicos Islands, in compliance with the international Anti-Money Laundering / Counter Financing of Terrorism and Counter Proliferation Financing (AML/CFT/CPF) Standards set by the Financial Action Task Force (FATF), is a member of the Caribbean Financial Action Task Force (CFATF), which is the FATF Style Regional Body for the Caribbean. The CFATF comprises 24 member countries[1] and is an inter-governmental body that coordinates the assessment of all member countries’ compliance with the FATF 40 Recommendations. The FATF Recommendations provide a comprehensive framework of measures to help countries tackle illicit financial flows. These include a robust framework of laws, regulations, and operational measures to ensure national authorities can take effective action to detect and disrupt financial flows that fuel crime and terrorism and punish those responsible for illegal activity[2].

The 60th CFATF Plenary adopted the Reports of the assessment of the frameworks in Curacao and Sint Maarten during these meetings, with the active participation of TCI stakeholders making interventions on aspects of those discussions based on their knowledge of the standards and professional experience. The Turks and Caicos Islands is a member of the Steering Group, which is the governing body of the CFATF. The Turks and Caicos Islands was last assessed against the FATF 40 Recommendations in 2018 and with the Report published in 2020. The Turks and Caicos Islands is preparing for its next round of assessment, which would examine, inter alia, the effectiveness of TCI’s legislative and institutional framework to counter money laundering, terrorism financing, and the proliferation of financing of weapons of mass destruction.

Officials from the Turks and Caicos Islands are also current members of two project teams, which are undertaking work to assess the risks associated with motor vehicle dealers and other high-value dealers, as well as the risks of terrorism financing within the Caribbean region. Mrs. Gessie Herilien of the TCI FSC was presented with a certificate of appreciation for her participation in a project exploring “Money Laundering Vulnerabilities in the Financial Arrangements of Non-Traditional Designated Non-Financial Businesses and Persons (DNFBPs)”. Ag. Supt. William Lightbourne of the RTCIPF is participating in a separate regional CFATF project assessing Regional Terrorist Financing Risks, which is being supported by the Turks and Caicos Islands.

The Hon. Rhondalee Braithwaite Knowles OBE KC, Chair of the AMLC said, “the active participation and engagement of key stakeholder agencies and departments from the Turks and Caicos Islands officials in regional initiatives like the CFATF is in line with the Government’s high-level commitment to ensure that our financial systems are being reviewed and updated in line with international standards.  These activities help to keep officials aware of current trends and actions being undertaken by other countries to protect their systems from the scourges of illicit finance.  I was very pleased with the growing level of expertise and resulting actions being taken by officials to develop their knowledge, awareness, and implementation of best practice in the discharge of their duties within the Turks and Caicos Islands.”

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BEACHES TURKS & CAICOS SPARKS JOY WITH “ALL THAT’S GOOD ROAD SHOW”

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PROVIDENCIALES, Turks & Caicos Islands: Beaches Turks & Caicos recently transformed its French Village Lawn into a vibrant celebration as it hosted the highly anticipated “All That’s Good Road Show.” This dynamic team member engagement initiative, packed with high-energy entertainment, delicious food and drinks, exciting games and spirited sporting activities, was designed to celebrate and thank the resort’s invaluable team members.

The “All That’s Good Road Show” began its Caribbean tour in Antigua and has since made stops in Barbados, Saint Vincent and the Grenadines, Curacao and the Bahamas. It was conceptualized by Jamie Green, Sandals Corporate Manager for Employee Experience, who had initial success with the road show across Jamaican resorts. With the impact from the experience in Jamaica and the enthusiastic support of Sandals Executive Chairman Adam Stewart, the event was expanded across the Caribbean, bringing its unique brand of celebration to all the resorts in the chain.

“This event is all about celebrating our team members and recognizing the outstanding work they consistently deliver,” explained Green. “We wanted to create a fun and exciting environment that fosters camaraderie, boosts morale and leaves everyone feeling inspired and appreciated.”

The Turks & Caicos leg of the Road Show was a true spectacle, headlined by international dancehall artiste Konshens, who was eagerly received by team members. Emcee Huntley ‘Super P’ Forbes II kept the energy levels soaring, while DJs Drex, Troy, and Keeli spun infectious tunes that had everyone on their feet. Jamie Green himself joined in the fun as an energetic emcee, further engaging the crowd and amplifying the already vibrant atmosphere.

“The All That’s Good Road Show for Beaches Turks & Caicos was more than just a party; it was a heartfelt expression of gratitude and a testament to the power of teamwork and dedication,” shared Beaches Human Resources Manager Owenta Colby.

With just over six hundred team members in attendance, the event was a resounding success.

“To be able to walk away with a 65inch smart TV is one of the most rewarding prizes that any team member could have asked for at this event,” said Maxine Salmon, Kids Camp supervisor. “I’ll be more comfortable watching TV at home with my family. This event really has been a top tier team member experience.”

“The entertainment package was a blast. The gifts and prizes were high value items for all team members to celebrate and benefit. Each gift added a great sense of satisfaction. I received a high-powered pressure washer that will help me to keep my vehicle clean without having to go to the car wash. The event allowed team members to unwind and enjoy the day uninterrupted. We were treated like royalty,” added Tarquinio Robinson from the housekeeping department.

A significant highlight of the Road Show was the generous distribution of prizes. Team members walked away with an impressive array of gifts, ranging from essential household appliances to exciting regional vacation stays. Gift baskets overflowed with treats and lucky winners snagged smart televisions, I-phones and other coveted electronics.

The success of the “All That’s Good Road Show” was further amplified by the invaluable support of corporate sponsors and partners, including Flow, Got You Covered, Gilley’s Enterprises, Graceway Sports Center, IGA Supermarkets, Other People’s Affair, Java Island, Caribbean Cruising and Digicel. Their contributions added to the event’s pomp and flair, demonstrating a shared commitment to recognizing and rewarding the hard work of the Beaches Turks & Caicos team.

“The All That’s Good Road Show was more than just an event; it was a testament to the power of appreciation and the importance of investing in the well-being of our dedicated team members,” said Beaches Turks and Caicos resort Managing Director James McAnally. “It’s a great reminder that when team members feel valued and inspired, they are empowered to continue delivering exceptional experiences that set Beaches Turks & Caicos apart. The Road Show left a ripple effect of positivity and renewed enthusiasm, ensuring that the spirit of teamwork and dedication will continue to thrive at this resort for years to come.”

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From Classroom to Fine Dining: Clement Howell High Students Experience Etiquette Training at Beaches TCI  

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PROVIDENCIALES, Turks & Caicos Islands: Beaches Turks & Caicos (BTC) recently offered nearly 40 students and educators from Clement Howell High School a memorable lesson in fine dining and social etiquette as part of their Health and Family Life Education (HFLE) curriculum.

Held at the resort’s elegant Sapodillas Restaurant, the interactive session combined theory with real-world experience. The training emphasised the importance of table setting, polite dining practices and the value of social graces—skills designed to prepare students for both personal and professional spaces.

“This partnership enhances our students’ educational experience by helping them develop essential life skills,” said Tanisha Graham, guidance counsellor at Clement Howell High. “They were captivated by the ambience, the exceptional service and the chance to engage with professionals in a fine dining setting.”

The session was led by BTC’s team members from the learning & development, food & beverage and public relations departments. Together, they highlighted how dining etiquette reflects respect, cultural awareness and confidence—important attributes for young adults preparing for future opportunities.

“As young adults, it’s important to understand the value of proper dining etiquette,” noted Claude Williams, food and beverage supervisor. “These skills boost your confidence and help you make lasting, positive impressions in any setting.”

Francillia Austin from the learning & development team added, “chivalry isn’t dead. Both young men and women benefit from learning to be respectful, poised and socially aware. These qualities shape future leaders.”

Managing Director James McAnally emphasised the long-term vision of such partnerships, “at Beaches, our goal is to inspire the next generation. We believe in education, community engagement and sustainability. This collaboration is a reflection of our shared responsibility to uplift the region. To the students, I say—explore beyond your ordinary and reach for the stars.”

This training is just one example of BTC’s ongoing commitment to youth development and education across the Turks & Caicos Islands and the wider Caribbean. The resort continues to offer impactful experiences that go beyond the classroom by blending hospitality with mentorship.

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