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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 Turks and Caicos Islands Takes Platinum Sponsor Role at Premier Hotel Investment Summit  

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Turks and Caicos, May 23, 2026 – Invest Turks and Caicos Islands took center stage at one of the region’s most influential hospitality investment gatherings this spring, serving as a Platinum Sponsor at ALIS CALA 2026 in Coral Gables, Florida.

Held April 28 to 30 at the Loews Coral Gables Hotel, the conference brought together more than 600 tourism, hotel and investment leaders from over 35 countries focused on the future of hospitality investment in the Caribbean and Latin America.

ALIS CALA — short for the Americas Lodging Investment Summit Caribbean and Latin America — is widely regarded as the region’s premier deal-driven hospitality investment conference. The platform emerged from the merger of the long-running Caribbean Hotel & Resort Investment Summit (CHRIS) and Hotel Opportunities Latin America (HOLA), creating what organizers describe as a high-level space where investors, developers, lenders, hotel brands and government leaders connect around major regional projects and opportunities.

The event is known for attracting senior decision-makers, with roughly one in three delegates holding titles such as Chairman, CEO, President, Owner or Principal.

Invest Turks and Caicos said its participation focused heavily on showcasing investment opportunities across the territory, particularly in the Family Islands.

CEO Angela Musgrove delivered a presentation highlighting development opportunities in the Turks and Caicos Islands to what the agency described as a full room of attendees and strong stakeholder interest.

In a statement following the conference, Invest Turks and Caicos said discussions centered on tourism expansion, sustainable development and long-term investment partnerships designed to position the Turks and Caicos Islands as a leading investment destination in the region.

The agency added that it looks forward to continuing conversations started at ALIS CALA and building new partnerships with investors, developers and strategic stakeholders interested in growth opportunities throughout the islands.

The conference itself focused heavily on capital access, hotel development pipelines, mixed-use tourism projects and investment confidence throughout the Caribbean basin — sectors where Turks and Caicos continues to attract increasing international attention.

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Multi-Agency Enforcement Action Conducted in Lower Bight

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Providenciales, Turks and Caicos Islands — The Informal Settlements Unit (ISU), in coordination with the Planning Department and key partner agencies, conducted a multi-agency enforcement exercise on Thursday, May 7, 2026, in the Lower Bight area in Providenciales. The exercise resulted in the complete removal of a total of eight (8) unauthorized structures and all associated debris from a privately-owned parcel of land.

The operation was led by the Planning Department, with coordination by the ISU and support from the TCI Border Force, the Crown Land Unit, and Pelican Energy.  Security for the exercise was provided by the Royal Turks and Caicos Islands Police Force. All agencies worked collaboratively to ensure the exercise was carried out in a safe, orderly, and controlled manner.

The enforcement action followed a structured and lawful process in accordance with the Physical Planning regulatory framework of the Turks and Caicos Islands. Section 45 Enforcement Notices were first issued on the affected parcel in December 2024, identifying unauthorized structures erected without the requisite approvals. This was followed by the issuance of Warning Notices on April 16, 2026, which advised occupants that they were in breach of planning and land use regulations and provided notice that demolition activities would proceed following the prescribed compliance period. Despite these notices and the time afforded for compliance, the unauthorized structures remained in place.

This exercise represents part of an ongoing commitment to ensuring that development within the Turks and Caicos Islands is lawful, safe, and aligned with national standards.

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Beaches Turks and Caicos and Sandals Foundation Champion Early Childhood Literacy with Star-Studded Reading Road Trip

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PROVIDENCIALES, Turks & Caicos Islands: The grand opening of the Treasure Beach Village at Beaches Turks and Caicos brought more than just high-energy celebrations to the shores of Providenciales as the Sandals Foundation led a star-studded Reading Road Trip at four local primary schools.

Dozens of celebrities, global media representatives, resort guests, and hospitality executives took a purposeful break from the weekend’s festivities to connect directly with the island’s youngest learners. The initiative transformed standard kindergarten classrooms at Enid Capron Primary, Thema Lightbourne Primary, Ianthe Pratt Primary and Oseta Jolly Primary into dynamic literacy hubs as visitors including American Actor and Playwright Jesse Eisebberg, and Real Housewives of New York City and author Kelly Bensimon read books and engaged in fun literacy games and activities.

The carefully designed activities aimed to strengthen students’ foundational reading comprehension skills and saw visitors actively animating characters, reading aloud, playing interactive literacy games, doing phonetic exercises and collaborative arts and crafts.

For local educators, the initiative represented a valuable opportunity to broaden students’ horizons. Through meaningful interaction with media representatives, students learned firsthand about exciting careers in writing, photography, and broadcasting.

Nelene Swann, Vice Principal of Enid Capron Primary, highlighted the profound impact of the unique global connection. “The experience for the children was good as they interacted and shared in a cultural blend while learning about new cultures and different career options,” Swann shared.

For American actor and playwright Jesse Eisenberg, who spent his afternoon volunteering at Oseta Jolly Primary School, his visit coincided with a special occasion on the school’s calendar, creating an even more memorable atmosphere for the youngsters.

“Our school was celebrating Boys Day which allowed [Eisenberg] to share in the experience and even provide great mentorship advice. Lessons such as the importance of consistency were well received by students in this developmental phase,” says Handsfield.

The Sandals Foundation has long championed early childhood education as a fundamental pillar of its philanthropic mission across the region.

Heidi Clarke, Executive Director of the Sandals Foundation, expressed her pride in the weekend’s grand opening educational outreach noting, “The Reading Road Trips provided a one-of-a-kind experience to guests and students as they shared in the power of play, imagination and life – all through the wonders of books. At the heart of our mission is to facilitate the creation of fun and dynamic learning environments that inspire students. We are proud to be a partner in TCI’s education tapestry and will continue to support initiatives that enable students’ holistic development.”

While the grand opening festivities brought a special influx of international participants to the classrooms, the commitment to local schools remains a consistent, year-round priority for the local resort staff. Employees regularly dedicate their personal time to mentor, tutor, and read with primary school students, fostering an incredibly strong bond between the hospitality sector and the local education system.

General Manager Deryk Meany emphasized the immense joy these initiatives bring to his dedicated staff. “This was a blast for the resort team members. The heart of the hospitality industry extends far beyond the resort’s doors and through the Reading Road Trip and other team member volunteer initiatives, we are proud to share our time, resources and expertise to the school community.”

Even as the official grand opening celebrations conclude, the positive impact of these classroom interactions will continue to resonate deeply throughout the Providenciales community and the world – example of a powerful model for community-integrated tourism.

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