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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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InvestTCI facilitates the Development Agreement Between TCIG and Molo Hotel Group 

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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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Crime

Male Charged with Robbery

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#TurksandCaicos, May 13, 2024 – Detectives of the Serious Crime Unit of the Royal Turks and Caicos Islands Police Force have charged a man who allegedly stole a vehicle.

The accused, DANVANTE  BRISCO, 30,  of  Kew Town, Providenciales, was charged with:

  • One Count: Robbery
  • One Count: Taking Motor Vehicle Without Authority
  • One Count: Using Offensive Weapon to cause fear

Mr. BRISCO appeared in court today (May 13 ) and was granted bail of $7500.00 with one surety.

The matter was adjourned to July 05 for a Sufficiency Hearing.

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Crime

Dock Yard Male Charged  

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#TurksandCaicos, May 13, 2024 – A 20-year-old Dock Yard male appeared in court today (May 13th) charged with a series of firearm-related offences.

The accused, JAMES SIMON, was denied bail and remanded into custody pending a Sufficiency Hearing scheduled for July 05th, 2024.

Mr. SIMON faces the following charges: 

  • One Count: Robbery;
  • One Count: Gang Membership
  • One Count: Possession of a Firearm for the Benefit of a Gang
  • One Count: Possession of Ammunition for the Benefit of a Gang.

The charges against Mr. Simon followed investigations by officers of the Royal Turks and Caicos Islands Police Force into a robbery at the parking lot of a Casino where three males robbed a victim.

Additionally, Mr. Simon is charged with the following offences, having been arrested on May 02nd, 2024, along South Dock Road.

  • One Count: Possession of a Firearm
  • One Count: Possession of Ammunition
  • One Count: Unlawful Entry

Officers also charged a teenage minor who was in the company of  Mr. Simon on May 02nd with One Count of UNLAWFUL ENTRY. 

The accused, seventeen and from Kew Town, Providenciales, pleaded guilty and will be sentenced on May 20th.

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