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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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Better Products, Safer Services Targeted Under National Quality Plan

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Government Advances Policy Aimed at Consumer Protection and Higher Business Standards

 

By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands — Efforts to improve product quality, strengthen consumer protections and raise business standards across the Turks and Caicos Islands are moving into a new phase as government advances implementation of its National Quality Policy.

The Department of Trade, Industry and Fair Competition announced that a team of consultants spent a week in the Turks and Caicos Islands meeting with key public and private sector stakeholders as part of the policy’s implementation process.

Approved by Cabinet in October 2024, the National Quality Policy is designed to establish a national quality infrastructure that supports trade, protects consumers and improves the competitiveness of local businesses.

For consumers, the long-term goal is straightforward: greater confidence that products and services meet accepted standards for quality, safety and reliability.

For businesses, the initiative aims to encourage stronger quality management systems that can improve efficiency, build customer trust and create opportunities for expansion into regional and international markets.

During the May 25 to 29 mission, consultants met with representatives from the National Quality Council, Pelican Energy TCI, the Turks and Caicos Islands Airports Authority, the TCI Government Laboratory, the Turks and Caicos Hotel and Tourism Association and Turks Head Brewery.

According to the Department, the consultations were intended to assess existing quality-related systems, identify gaps and gather recommendations that will help shape the Territory’s national quality infrastructure.

“The policy serves as a strategic framework for establishing a national quality infrastructure in the Turks and Caicos Islands, aimed at improving quality standards, supporting trade, protecting consumers, and enhancing economic competitiveness,” the Department said in a statement.

Officials explained that stakeholder feedback will help determine what systems, standards and programmes are needed to strengthen quality assurance across various sectors of the economy.

The Department said the information gathered will guide the next stage of implementation and help ensure the policy delivers meaningful benefits throughout the Islands.

Among the initiatives expected to emerge from the process are a Quality Certification Programme and a series of educational workshops designed to help businesses understand and adopt quality standards.

A second round of stakeholder consultations is scheduled for June, allowing government and industry representatives to continue discussions and further assess priority areas identified during the initial mission.

Officials say the ultimate objective is to build a culture of quality that benefits consumers, businesses and the wider economy by encouraging higher standards, greater accountability and improved competitiveness.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

 

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240 Migrants Interdicted in TCI Waters; Regiment says Mission Averted Potential Maritime Tragedy

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By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands — Startling video released by U.S. Customs and Border Protection showing hundreds of suspected Haitian migrants crammed aboard an overloaded vessel has renewed concerns about the worsening migration crisis in the region and the increasing pressure being placed on the Turks and Caicos Islands.

The vessel, carrying 240 irregular migrants, was intercepted in Turks and Caicos waters on the night of May 31, in a joint operation involving the Turks and Caicos Islands Regiment, the Royal Turks and Caicos Islands Police Force, the TCI Border Force, the United States Coast Guard and U.S. Customs and Border Protection Air and Marine Operations.

Earlier reports from U.S. authorities revealed that the vessel was discovered in a dangerously overcrowded condition and was ultimately secured and escorted to shore by local marine officers.

Now, a newly released statement from the Turks and Caicos Islands Regiment sheds additional light on the operation and the risks involved.

According to the Regiment, Patrol Vessel James Fulford interdicted the vessel at approximately 9:33 p.m. within territorial waters before authorities determined the situation was far more serious than a routine migrant interception.

“Upon evaluating the migrant vessel, the Royal Turks and Caicos Islands Police Force immediately upgraded the operation to a critical incident, prioritizing Safety of Life at Sea protocols to avert a maritime disaster,” the statement explained.

The migrants were identified as 191 adult males, 44 adult females, one male minor and four female minors.

All 240 individuals were safely transferred to authorities for processing, health assessments and security screening.

Lieutenant Colonel Ennis Grant, Commanding Officer of the TCI Regiment, praised the coordinated response among local and international agencies.

“This mission underscores the efficacy of our multi-agency partnerships. The rapid transition of this operation from a standard interdiction task to a high-priority Safety of Life at Sea intervention demonstrates the professionalism and readiness of our joint forces. By working in seamless tandem with our U.S. partners, we successfully prevented a potential maritime tragedy.”

The incident highlights the continuing humanitarian and security challenges facing the Turks and Caicos Islands as instability, gang violence and economic hardship continue to drive migration from Haiti.

While much larger nations often dominate regional migration discussions, the latest interdiction demonstrates the outsized role the Turks and Caicos Islands continues to play on the front line of Caribbean migration enforcement.

The Regiment said it remains committed to securing the country’s maritime borders through persistent surveillance and strong inter-agency cooperation.

The interception is among the largest migrant landings recorded in the Turks and Caicos Islands this year and serves as another reminder of the dangerous journeys many Haitians continue to undertake in search of safety and opportunity.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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How Misick Fell Short of The UN’s Worst Corruption Standard

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Judge Cites Kofi Annan, But Finds No Evidence Defendants Caused the Wider Harm Described by the Former UN Chief

 

By Deandrea Hamilton

Turks and Caicos, June 9, 2026 – One week after former Premier Michael Misick, former Cabinet minister McAllister Hanchell and attorney Thomas “Chal” Misick began serving prison sentences in the Turks and Caicos Islands’ landmark corruption case, attention is turning to a significant distinction made by Justice Rajendra Narine during sentencing.

In imposing prison terms on May 29, the judge agreed that corruption is a serious offence capable of causing profound societal harm. Yet he also found that there was no evidence the three convicted men caused the sweeping consequences described in one of the world’s most famous condemnations of corruption.

The quotation came from former United Nations Secretary-General Kofi Annan, who famously wrote:

“Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish.”

Annan further observed:

“This evil phenomenon is found in all countries — big and small, rich and poor — but it is in the developing world that its effects are most destructive.”

Justice Narine acknowledged the quotation but drew an important distinction between the broad consequences of corruption described by Annan and the evidence presented during the trial.

“The court agrees that there is no evidence in this case that the offending parties actually caused or contributed to any of the harmful consequences described in the quotation,” Narine said.

The finding did not spare the defendants from prison.

The judge made clear that the offences remained serious enough to warrant immediate custodial sentences.

“This case was about an abuse of public trust for the sake of personal gain,” Narine stated.

“The conduct of the defendants caused a constitutional crisis and reputational harm to the territory.”

He added that the public interest demanded punishment and deterrence.

“The public interest requires that the sentence must reflect society’s abhorrence of the criminal conduct and the sentence should be such that like-minded potential offenders would be deterred from similar conduct.”

Narine also rejected suggestions that the absence of direct victims diminished the seriousness of the offences, noting that corruption often harms institutions and public confidence rather than identifiable individuals.

At the same time, the court accepted several mitigating factors advanced by the defence.

“The court is aware of the age, middle age of the offenders, that the immediate custodial sentences would have a traumatic effect on the families, understanding the emotional distress involved,” Narine said.

He also agreed that rehabilitation was not a major concern.

“The court agrees with the defence counsel that there is a low risk of reoffending and that the objective of rehabilitation is not a significant factor in this case.”

Those considerations, combined with the extraordinary delay in bringing the matter to conclusion and the defendants’ previous good character, contributed to substantial reductions from the starting points the judge initially considered.

Michael Misick ultimately received an effective sentence of four years and 26 days on three bribery convictions. Hanchell was sentenced to three years on two bribery counts, while Chal Misick received four years on four money laundering convictions.

The legal saga, however, is far from over.

All three men remain in custody while awaiting a June 17 hearing on applications for bail pending appeal. In addition, confiscation proceedings — which could determine what assets or funds may be recoverable by the Crown — are still to come.

For now, the court’s message appears clear: while the conduct warranted prison and public condemnation, Justice Narine was not prepared to conclude that the defendants’ actions produced the full range of societal devastation described in Annan’s warning about corruption.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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