TCI News

TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

Published

5 years ago

April 30, 2021

#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:

mandatory vaccination as a condition to obtain a work permit (both new and renewal).
mandatory weekly testing of public facing public servants who decide not to be vaccinated.
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

Related Topics:#covid19 #covid19vaccine #humanrights #humanrightscommission #magneticmedianews #SabrinaGreen #tchrc

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Bahamas News

Bahama Brass Band Invitation Sparks Heritage Debate Ahead of TCI Constitutional Holiday

Published

16 hours ago

August 20, 2026

Deandrea Hamilton

Turks and Caicos, August 20, 2026 – The planned participation of the Bahama Brass Band in the Turks and Caicos Islands’ inaugural Constitutional Holiday celebrations on August 30 has sparked public debate over culture, heritage and the historical contributions of Turks and Caicos Islanders abroad.

Organizers defended the invitation, saying the band’s inclusion is intended to highlight the deep historical ties between the two countries and honor Turks and Caicos men who helped establish and develop the institution in Grand Bahama.

According to the organizers, the Bahama Brass Band began in 1955 in Pine Ridge, Freeport, with Turks and Caicos Islanders, including the late Deacon Reuben Hall Sr. of Middle Caicos and Jenkins Williams and Mervin Hendfield of North Caicos, among those who helped build its foundation. The band eventually grew to more than 50 men.

The organizers also pointed to the participation of Turks and Caicos men in The Bahamas’ Independence celebrations on July 10, 1973, arguing that their contributions became part of Bahamian history while maintaining strong connections to their homeland.

Supporters say bringing the band home represents an opportunity to honor those pioneers, showcase their regional influence and expose younger generations to an important part of Turks and Caicos history.

However, concerns raised publicly described the invitation as potentially disrespectful to local culture and heritage. Organizers acknowledged those concerns, apologizing to anyone who felt overlooked or offended, while maintaining that no disrespect was intended.

The committee said the event should ultimately unite rather than divide, presenting the band’s history as evidence of the reach and resilience of Turks and Caicos heritage.

PHOTO CREDIT: Bahamas Brass Band

News

BermudAir Launches New York Area’s First Nonstop Service to South Caicos, Now Just a 3.5 Hour Flight from Newark

Published

21 hours ago

August 20, 2026

Deandrea Hamilton

Twice-Weekly Nonstop Flights Begin December 20 with Fares from $347 One Way, Creating Direct Access to Salterra Resort & Spa

– New Route Expands BermudAir’s Winter Turks & Caicos Network –

[New York, NY – August 20, 2026] – BermudAir, the leading premium leisure carrier to Bermuda and the Caribbean, today announced it will introduce nonstop flights to South Caicos from Newark this winter. The route places one of the Caribbean’s most secluded island destinations just 3.5 hours from the New York area for the first time.

The new service starts on December 20, 2026, operating on Sundays and Thursdays, and will be the only nonstop service to the destination from the New York area. This seasonal service will operate through April 25, 2027. Fares start at $347 one way ($773 roundtrip) and go on sale today.

The new South Caicos route creates gives travelers two distinct luxury resort options, with direct access to Salterra, A Luxury Collection Resort & Spa, recently named the No. 1 resort in Turks and Caicos by Condé Nast Traveler.

Set across 85 beachfront acres with a 3,000-foot private white-sand beach, Salterra brings a full luxury resort experience to an island still defined by its historic salinas, pristine waters, bonefishing flats and uninhabited cays. Upon landing at South Caicos International Airport (XSC), guests are approximately 10 minutes from the resort.

While flights go on sale today, the airline’s BermudAir Holidays vacation-packaging division will offer curated travel to South Caicos from next month, featuring flights, hotels and authentic island experiences, with bundled discounts and value-added perks, making it even easier to explore the destination.

Previously BermudAir announced seven new routes to Providenciales in Turks and Caicos, from Newark (EWR), Boston (BOS), Baltimore-Washington (BWI), Raleigh-Durham (RDU), Fort Lauderdale (FLL), St Petersburg/Tampa (PIE) and Toronto (YYZ) which will all start in December except for Fort Lauderdale which begins October 26.

Expanded Winter Season

To South Caicos:
Twice-weekly nonstop from Newark (Sundays and Thursdays) from December 20 through April 25, 2027.
To Turks and Caicos:
Weekly nonstop from Newark (Saturdays) and one weekly direct service (Thursdays) from December 19 through April 29, 2027;
Weekly nonstop service from Boston (Saturdays), from December 19 through May 1, 2027;
Weekly nonstop service from Baltimore-Washington (Thursdays), from December 24 through April 29, 2027;
Twice-weekly nonstop service from Raleigh-Durham (Thursdays and Sundays), from December 20 through May 2, 2027;
Thrice-weekly service from Fort Lauderdale (Mondays, Wednesdays and Fridays), from October 26 through May 3, 2027;
Twice-weekly nonstop service from St Petersburg/Tampa (Mondays and Thursdays), from December 21 through May 3, 2027; and
Weekly nonstop service from Toronto (Saturdays), from December 19 through May 1, 2027.

“We’re thrilled to continue expanding our Caribbean network as the premium leisure carrier from North America,” said Adam Scott, Founder and CEO of BermudAir. “Now New Yorkers can fly nonstop to two distinct sides of the Turks and Caicos Islands — Providenciales and the secluded island of South Caicos, home to the exquisite Salterra and Sailrock South Caicos resorts.”

The airline consistently earns Net Promoter Scores of 70+, one of the highest ratings in the airline industry. All flights will be operated on comfortable Embraer E190 aircraft, offering passengers the airline’s signature warm service and authentic island hospitality.

“South Caicos has always felt worlds away, and that is part of its magic,” said Michael Tibbetts, Founder and CEO of Salterra. “Beginning this winter, guests can fly nonstop from Newark in 3.5 hours, land at one of the newest international airports in the region and be at Salterra minutes later. This route makes a long weekend escape and an extended stay to one of the Caribbean’s most unspoiled islands remarkably easy, without changing the sense of discovery that makes South Caicos so special.”

For more information or to book flights, visit www.flybermudair.com. Salterra will offer dedicated stay packages timed to BermudAir’s Thursday and Sunday nonstop service. To book a stay at Salterra, A Luxury Collection Resort & Spa, visit www.salterra.com

News

Salt Cay Water Shortage Unresolved as Residents Question Promised Relief

Published

3 days ago

August 18, 2026

Deandrea Hamilton

SALT CAY — Residents say Salt Cay’s prolonged water shortage remains unresolved, with no visible activity or relief from the measures Government said would be advanced last week.

The crisis began in June after a critical filter failed at the island’s reverse osmosis plant, severely disrupting local water production. Residents told Magnetic Media Tuesday morning that neither the replacement filter nor the promised bulk shipment of emergency water appeared to have arrived.

Minister of Innovation, Technology and Energy E. Jay Saunders, however, said the filter is already on Salt Cay.

“The RO filter is on Salt Cay and it’s being installed,” Saunders told Magnetic Media.

The large emergency water shipment has not materialised. Saunders said transporting more than 1,000 gallons in a single container requires a barge, and officials are still attempting to source one.

Government had previously indicated that it would try to deliver up to 2,500 gallons to partially replenish Salt Cay’s depleted storage tanks while repairs continued.

Saunders had initially projected that the RO plant would be fully operational by August 19. He now says the system is expected to return to full operation “in a few days.”

For residents, however, the immediate reality remains unchanged: the shortage continues, the bulk water has not arrived and the promised relief is not yet flowing.