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TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

Published

3 years ago

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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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TCI News

Orlando Mother Remanded for Bullet possession in Turks and Caicos

Published

1 day ago

on

May 16, 2024

By

Wilkie Arthur and Deandrea Hamilton 

Editorial staff

 

Remanded until July, but her attorney Leanna Brooks-Campbell is likely to make application for bail as the matter is now transfered to the Supreme Court.

American tourist from Orlando, Florida Shanita Shinee Grier, 45, who was arrested Monday, after two bullets were allegedly found in her baggage is the newest defendant facing the stiff penalties associated with breaching the Turks & Caicos Firearms Ordinance.

Grier was exiting TCI at the Providenciales International Airport with her daughter when the ammunition was detected, ending her Mother’s Day trip to the islands on an unexpectedly sour note.

Today, the chief magistrate remanded her to prison until July 5, 2024, however that can change.

She is facing charges of unlawful possession of ammunition; a crime punishable with a minimum 12 year sentence except in the case of a judge ruling that the case falls in the category of “exceptional.”

Then, and only then would it warrant a different sentence by a judge.

Support for the Floridian was impressive; Bryan Hagerich and Ryan Watson and their relatives filled the Magistrate’s Court on Old Airport Road informs Court Correspondent, Wilkie Arthur.

It was a show of patriotic solidarity on an issue which has elicited emotive views on all sides for Americans who are hoping to prove they were tourists on holiday and nothing more.

Bryan Hagerich of Pennsylvanian and Ryan Watson of Oklahoma also charged in two separate instances for being in possession of ammunition while wrapping up their TCI vacations in April and May respectively.

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News

InvestTCI facilitates the Development Agreement Between TCIG and Molo Hotel Group 

Published

3 days ago

on

May 14, 2024

By

Providenciales, Turks and Caicos Islands – May 14th, 2024 – The Turks and Caicos Islands Government and Molo Hotel Group reached a pivotal juncture on Monday, May 13th, 2024, with the ceremonial signing of a development agreement at the Premier’s Office on Providenciales. The agreement, which received official Cabinet approval on March 13th, 2024, signifies a steadfast commitment to advancing the economic landscape of the Turks and Caicos Islands.

Molo Hotel Group is a family-owned business, renowned for its distinguished portfolio of high-quality hotels worldwide. The development initiative encompasses the construction of three distinct IHG branded hotels: InterContinental Turks and Caicos, Kimpton Turks and Caicos and Hotel Indigo Turks and Caicos. Scheduled for completion by 2027, each resort boasts a distinctive design from luxury to laidback sophistication spanning across the shores of Grace Bay Beach.

Kimpton Turks and Caicos – an epitome of luxury lifestyle living, will feature 192 guest rooms including three outdoor pools, a luxury spa and a fitness center. Additionally, seven dining options ranging from a beachfront restaurant to a rooftop bar.

Adjacent to the Kimpton, InterContinental Turks and Caicos will offer 59 classic luxury suites with panoramic ocean views. Mirroring its counterpart, this resort will offer an array of dining options and upscale facilities.

Steps away from the Intercontinental and Kimpton resorts, Hotel Indigo Turks and Caicos will embrace a sense of community and contemporary elegance, offering 56 bedrooms. The resort will feature an onsite restaurant, lobby bar, outdoor pool, and fitness room.

Beyond the realm of hospitality, this development agreement underscores the government’s commitment to fostering economic growth and enhancing employment opportunities in the Turks and Caicos Islands. Molo is partnering with the Turks and Caicos Islands Community College (TCICC) to actively promote hospitality as a career choice and support in developing training programs, career fairs, seminars, workshops, and events to raise awareness about hospitality careers. Molo has committed to provide employment and apprentice opportunities to TCICC students and provide mentoring and practical on property training to students.

The signing event was graced by Hon. Charles Washington Missick, Premier of the Turks and Caicos Islands, Hon. Jamell Robinson, Deputy Premier, Hon. Kyle Knowles, Minister of Public Safety and Utilities, Hon. Rachel Taylor, Minister of Education, Youth, Sports and Culture, Łukasz and Marcin Slominski, Owners of Molo, Ross Morrow, Managing Director Molo, Arik Kono, Vice President Upscale Development for IHG, Dr. Candice Williams, President and CEO of the Turks and Caicos Islands Community College, Angela Musgrove, InvestTCI CEO, Dr. Barbara Ambrister, Chairperson of the Turks and Caicos Islands Community College, Dr. Delores Stapleton- Harris, Vice President of Academic, Vocational and Student Affairs for the Turks and Caicos Islands Community College, Mr. Kevin Baxter, Dean of Technical Vocational Education Training (TVET) and Sheryl McLaughlin, InvestTCI Investment Services Executive.

Commenting on the development agreement, Premier, Hon. Misick, stated “The Memorandum of Understanding (MOU) signing of IHG/Molo Hotels is a significant step towards a sustainable future for hospitality in the Turks and Caicos Islands. Three hotels, Kimpton, Intercontinental, and Hotel Indigo, will be introduced, enhancing our tourism product and creating employment opportunities.”

He further added, “Partnerships with the Turks and Caicos Islands Community College and Turks and Caicos Islands Sports Commission are underway, demonstrating the Government’s commitment to developing human capital and elevating tourism offerings. This project will bring economic growth, embrace local talent, and enrich our economy.”

Additionally, Mrs. Angela Musgrove, CEO of Invest Turks and Caicos Islands, emphasized “This collaboration confirms our commitment to fostering economic growth and prosperity within our country. We have worked closely with Molo Hotel Group, and we are confident that this transformative project will further position the Turks and Caicos Islands as a premier destination for travel and investment. Much to our delight, it will also provide opportunities for engagement with our Community College and small business community.”

The Government of the Turks and Caicos Islands, operating through its primary Investment Promotion

Agency, Invest Turks and Caicos Islands, remains committed to attracting and facilitating Foreign Direct Investments to the country by providing a comprehensive suite of services. Through strategic initiatives and targeted promotion, the agency catalyzes sustainable development, driving innovation and small business opportunities across various sectors of the economy.

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TCI News

AMERICAN MOTHER AND DAUGHTER ALLEGEDLY ARRESTED FOR TWO BULLETS

Published

4 days ago

on

May 14, 2024

By

Deandrea Hamilton and Wilkie Arthur

Editorial Staff

 

A DAUGHTER reportedly brought her mother to the Turks and Caicos for Mother’s Day, and both were allegedly arrested, leaving the Turks and Caicos Islands today (Monday 13th, May,2024).

Officials say they were found with two rounds of ammunition in their luggage.

Police have confirmed the arrest to Magnetic Media after inquiries.

Turks & Caicos residents are already reacting to this latest report, “dumbfounded” by the mistake which keeps being repeated despite all of the high profile attention the matter has received in leading news organizations and the warning the US Embassy has issued. There is also the well publicized stance of the TCI Office of the Director of Public Prosecutions that these individuals must be punished according to the law.

In this newest case, the daughter was released, and the mother remains in police custody pending charge and court appearance later this week.

Police inform they will update soon.

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