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TCI: Is Discriminatory Covid-19 Vaccination Incentives A Violation Of The Constitution?

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#TurksandCaicos, April 29, 2021 – Turks and Caicos ramps up the vaccination drive as some people term it ‘discriminatory.’ When speaking in a radio-hosted event on 20th April 2021, Hon. Charles Misick revealed that more than 45 per cent of the total number of people countrywide had received a full dose of vaccine. 

However, a lot of pressure is exerted on those not yet vaccinated as the government offers discriminative incentives to those already vaccinated. Such incentives include priority services in public offices, more restaurants with fully vaccinated staff, more passengers for vaccinated drivers, and pressure crafts.  

While such incentives are geared towards boosting the numbers getting vaccinated, the subject has elicited a flurry of debates on whether the move to use vaccination certificated to enjoy priority services violates constitutional rights of those yet to be vaccinated due to one reason such as religion, anxiety, and historical misuse of vaccines. 

During the Virtual ‘Norman Marley Lecture 2021’ organized by the Norman Law School in Jamaica, Various experts discussed the balance between the constitution, human rights, and covid-19 vaccine in-depth and breadth. 

According to Hon. Dr. Lloyd Barnett. O.J, a legal expert with decades of experience, every person has a constitutional right to reject anything with a perceived threat to their body and well-being.  Therefore, the government should not impose compulsive regulations that are away compromising someone’s right since it is unconstitutional. Instead, one should be allowed to take part deliberately. 

“The demand for swift and extensive intervention by Governments is very great.  But on the other hand,  the invasion of a person’s body is a very far reaching act and could only be constitutionally valid if it is demonstrably justified in a free and democratic society,” said Dr. Barnett, as he toiled with the question.

The litmus test on the justification of these discriminative measures, explained the attorney is whether the practice has been widely adopted and practiced.

“One of the tests that we would have to apply is whether in free and democratic society, this is a strategy which has been adopted.  And as far as I know, this has not been the practice in free and democratic societies,” was his perspective on April 7, when the virtual discussion was held. 

However, in some circumstances, such as during the ongoing public health emergency when the government is charged with keeping its people safe, the discriminatory vaccination incentives are constitutionally justifiable in the view of public protection against the deadly virus. 

The barrister, argued that such compulsive regulations are also constitutionally justified when the government gives a directive for inoculations of 100 per cent of its population to stop the rapid spread of the virus across populations.  However, he did not desert the important of the value to protect the human right of individuals.

“In the examination of this question, a lot of factors would have to be taken into account, what is the basis of the objection.  AS we know, some persons object on religious grounds, some persons object because psychologically, they can’t tolerate the imposition of needles in their body.  Other persons object because of the historic misuse of vaccinations especially in relation to poor and black persons in the past.  So there are reasons; some emotional and some quite rational which might motivate someone not to wish to be vaccinated and all of that would have to be taken into account in regard to an imposition of the compulsory regulation,” said the Hon. Dr. Barnett.

In conclusion, it was offered that the mandatory regulation for inoculation is an infringement of the right, therefore, said Dr. Barnett, the burden falls on the government to prove that a mandatory regulation related to the Covid-19 vaccine is justified.

The lecture topic was Balancing Human & Constitutional Rights and the Covid-19 Vaccine; it was carried live on YouTube, earlier this month.

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Governor’s Statement Following Results of TCI 2025 General Election

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Turks and Caicos, February 8, 2025 – This morning, I received confirmation from the Supervisor of Elections of the official results of the 7 February 2025 General Election of the Turks and Caicos Islands.

Hon. Charles Washington Misick OBE JP, leader of the Progressive National Party, has written to me in line with section 31(2) of the Turks and Caicos Islands Constitution Order 2011, to demonstrate he commands the support of a majority of the elected members of the Parliament.

Accordingly, at a ceremony at the Governor’s Office this afternoon, I appointed Hon. Misick as the Premier of the Turks and Caicos Islands. On his advice and in line with section 31(1)(c) of the Constitution, I appointed Hon. Jamell Rayan Robinson as Deputy Premier of the Turks and Caicos Islands.

Following the ceremony, the Hon. Premier, Deputy Governor, Hon. Deputy Premier and I received a national security briefing from the Commissioner of Police.

May I take this opportunity to thank sincerely the Supervisor of Elections, the Deputy Supervisor of Elections, all election officials and the independent observers for their committed efforts in managing the electoral process.

Instruments of appointment will be published in the Official Gazette.

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Crime

TCI Police Report a Rape Conviction, Handfield registered as SEX OFFENDER

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Turks and Caicos, February 8, 2025 – The Royal Turks and Caicos Islands Police Force acknowledges the sentencing of convicted rapist ELVETHAN “ALVIN” HANDFIELD to life imprisonment following his guilty plea. Handfield was charged with the following offences: Two Counts of RAPE and Two Counts of USING AN OFFENSIVE WEAPON TO CAUSE FEAR.

The Supreme Court delivered the ruling yesterday (February 6), with Handfield, 47, of Glass Shack, Providenciales, being ineligible for parole until he has served 16 years. Should parole be granted, he will be registered as a sex offender for life.

Acting Superintendent Grantley Williams, Head of Serious Crime, Safeguarding, and Public Protection, stated: “Following an extensive investigation by our Safeguarding and Public Protection Unit, Handfield was charged after a report made by a female victim on April 20, 2024. The victim, after entering a jitney driven by Handfield on April 19, 2024, was taken to his residence in Glass Shack, where she was subjected to sexual assault before being released the following day.

“This heinous act of violence, where Handfield posed as a jitney driver, lured, and assaulted the victim while threatening harm, is despicable. The Royal Turks and Caicos Islands Police Force commend the victim’s bravery in coming forward, demonstrating immense courage in ensuring that this predator is brought to justice.

We recognize this is a difficult journey, and our Safeguarding and Public Protection Unit officers remain available to support the healing process.

We take this opportunity to urge any victims of sexual violence to come forward. Your reports are vital in removing dangerous offenders from our streets and ensuring the safety of our communities. Our commitment to justice remains unwavering, and we will continue to work tirelessly to protect and safeguard the communities.”

If you have been a victim or know anyone who has been a victim of sexual assault, please get in touch with the police without delay at the Safeguarding and Public Protection Unit at 232- 6696 or the Multi-Agency Safeguarding Hub (MASH) at -338-4013.

All calls will be treated with sensitivity and confidentiality.

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Government

Misick promises to be Premier for all after “Sweet, Sweet Victory”  

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Deandrea Hamilton

Editor

 

Turks and Caicos, February 8, 2025 – When the cheering and dancing and handshakes and high fives were given the attention they rightly deserved, Washington Misick, the resoundingly re-elected premier of the Turks and Caicos Islands turned his attention from the divisiveness of the election trail to a message of solidarity.

“I have lost elections, so I know how difficult it is for you but now it is time to put partisan differences aside and work on behalf of our people,” said Misick, as he spoke pointedly to the Leader of the Opposition from his celebration stage just after midnight on February 8.

“I want to thank our wonderful and loyal supporters.  Our campaign team and our candidates who worked hard, long hours, burned the midnight oil to mount this victorious campaign.  I wanna thank my beloved wife and our extended families of all of our candidates for all of their support. Tonight’s victory belongs to you.

Because of you we will be able to continue the work of building for our children and our children’s children.  I am inviting everyone to be on this journey with us, whether you’ve voted PNP or whether you voted PDM or whether you voted independent.  I want you to be on this journey with us,” he said.

The premier, who is now serving a second consecutive term in office and serving for a third time as leader of the Turks and Caicos Islands, was flanked by his winning team and throngs of jubilant supporters assembled at the party’s headquarters in Providenciales.

While the PNP was clearly most able to energize its base, winning many of their seats by spectacular margins, voter turnout in this 2025 General Election was at an historical low.  The premier, in his victory speech demonstrated his awareness of that fact and offered an olive branch to those who skipped voting altogether, which would have been over 2,400 people, according to Elections Office statistics.

“And to those Islanders who did not vote for me or the PNP, I hope that our work, policies and programs will earn your support and your blessings.  I promise, I will hear your voices, we will hear your voices and I promise that we will be there for you and I will be your Premier too.”

The Washington Misick led team swept the At Large category securing all nine seats, which now also introduces two first time Members of Parliament.  Only three seats from the constituency races went unsecured by the PNP; it was a total of 16 seats for the party in yellow.

“On this journey, we must have great success together and we will continue the economic and social transformation together.  No journey is without bumps and setbacks, you won’t always agree with the decisions we take but I will always be honest with you about why we make those decisions and the challenges we face.”

“To every islander and every resident, we will work hard everyday on your behalf and we will create the conditions and the opportunities to give all of our people a better quality of life,” he said to vigorous applause, adding, “Let us build together in a single purpose to make our beautiful by nature Turks and Caicos Islands the place where dreams flourish, justice abounds, love is abounding and hope is endless.”

The Premier informed supporters and those watching via social media that work for his new Progressive National Party Administration continues promptly on Monday.

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