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Sri Lankans Asylum Application in Limbo; more than $530,000 spent to house the men

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#TurksandCaicos, May 26, 2021 – For nine months, the Turks and Caicos Islands Government has been paying $59,000 a month to the Airport Inn to house and feed 21 individuals found on a Haitian sloop with 158 others in October 2019.  The group had all been released from the detention center by August 25, 2020 following court action for their release brought during the period February 2020 until late August 2020. Since that time they have been dependent on the state as they have submitted asylum applications seeking to stay in the western world. 

Prior to their housing at the Airport Inn, the same individuals were held at the South Dock Road Detention Center for ten months, after they were caught in a people trafficking ring and identified as key pieces in a criminal enterprise puzzle.

Eventually, the architect of the complex exploit for the Sri Lankans from home to the Caribbean and with hopes of onward passage to North America would be brought down; Sri Kajamukam Chelliah, aka Mohan, who is 55 years old was convicted in Turks and Caicos and is now convicted and set to serve 32 months in Florida federal prison.  He was sentenced on Monday May 17, 2021 in Florida.

Twenty Eight (28) Sri Lankans and one Indian were in the mix of Haitians which were picked up by the coastal radar.  By then the group had been travelling for over a year from their home countries in order to escape persecution and victimization, and managed to make it to Haiti.  With Mohan, they boarded a boat bound for Turks and Caicos but they were caught, arrested and detained.

The detention from October 2019 to August 2020 was for the purposes of a criminal investigation by which to build a case against the smuggler.  A case was built and Mohan pleaded guilty in a TCI court and served time at Her Majesty’s Prison.  In August 2020, Mohan was extradited to the United States for similar crimes and on May 17 was found guilty and sentenced to 34 months.

The entire time, the other Sri Lankans were trapped in Turks and Caicos.  Delays in an offered return to Sri Lanka was explained by TCIG with reference to the coronavirus pandemic. 

Attorney Tim Prudhoe of law firm Prudhoe Caribbean law firm, had originally been called in to take the case of the smuggler.  Interest, for Prudhoe however, turned to plight of the smuggled Sri Lankan detainees.  At that time, several of the men caught in the October 2019 interception were transported to the United States where in exchange for evidence against Mohan, they were likely given some break. Sixteen of the remaining Sri Lankans became clients of Prudhoe Caribbean.

The remaining men were in Turks and Caicos abandoned by the investigators and ignored by the Immigration Department.  None has been offered or given the right to work, to earn a living.  Some are farmers, others are drivers and yet more are skilled in carpentry, we are told.  

Three applied for asylum in in September 2020.  The three had previously been interviewed by the United Nations High Commissioner for Refugees, who designated them refugees.  Asylum application made by these three were denied in early January of this year and which have since been appealed to His Excellency the Governor. was however.

Prudhoe Caribbean’s thirteen other Sri Lankan clients applied for asylum in mid-November.  These applications remain pending with the Minister for Immigration. Mr. Prudhoe, in an interview with Magnetic Media, confirmed that he is unaware of the recommendation of the UNHCR’s report on his second set of clients because access to those reports have been refused.

This matter has not only been to the Ministry, the Cabinet and the Governor’s Office but to the courts.  On appeal, the three first asylum applicants won on the point that the refusal to release them from the Detention Center in May 2020 was amounted to an unlawful detention.  The Appeal’s Court decision on 31 December 2020 opened the door for a successful false imprisonment claim. A damages determination on that is still pending. The country will then be forced to pay the men directly for having them held in detention.

Mr. Prudhoe confirmed that he has not been paid for his representation of the Sri Lankans. 

Meanwhile, countries sensitive to the dangerous conditions on the ground for the Tamil, on May 18, commemorated  – Tamil Genocide Day – when one hundred thousand Tamils were slaughtered in a sickening exercise of ‘ethnic cleansing’ which happened in Sri Lanka in 2009. The Sri Lankan Armed Forces was fingered for the massacre.  Today,  despite a declaration that the Civil War is over, there is still trouble for Tamil civilians; illegal land grabs, intimidation, oppression, censorship and  no demilitarization creates a climate of fear explains articles penned by Tamils outside of Sri Lanka.

The civil war is over but the persecution, they say lives on.  Tamils have found countries like Australia, New Zealand and Canada to be their friends and offering safe haven. 

The Sir Lankans in Turks and Caicos would prefer to be in these countries where there are Tamil communities; but without asylum and a right to work and earn a living, they are not yet free enough to apply to these countries for passage.

In a cruel twist of fate, all of the countries, though open to immigrants, are right now closed to everyone due to the Coronavirus Pandemic.

Meanwhile, the sixteen Sri Lankans remain in limbo.  The Governor is yet to decide the asylum refusal appeals for the original three.  And the public purse is paying a whopping bill when citizens are struggling to pay rent and make ends meet; still reeling financially from the ravages of the pandemic.

When Minister of Immigration and Border Services, Arlington Musgrove held his national update on May 17 – he responded to Magnetic Media questions on the Sri Lankans, confirming the $59,000 monthly bill and saying the applications for asylum was unlikely to be approved. He did not say when a decision would be given.

“They had never mentioned asylum or nothing like that, so we are having a push back from their attorney.  We are right now in litigation over where do we go from here,” the Minister added, “we have a number of agencies involved in this and from the looks of it, they are in agreement where we are saying we don’t think they deserve asylum,” said the Minister to our query.

Tim Prudhoe said that his firm expect to  pursue false imprisonment claims for all sixteen clients.  The attorney-owner of Prudhoe Caribbean continues to seek the release of the UNHCR reports on the thirteen Sri Lankans.  The attorney also seeks to change the wider issue of a establishing clarity on the government policy on the right to work while awaiting response on an application for asylum. Prudhoe confirmed that his firm’s intervention has at least not resulted in Immigration Center detainees being asked if they want access to an attorney prior.

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RT&CIPF Acting Appointments 

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***MEDIA RELEASE***

 

 

Turks and Caicos, October 03rd, 2024 – The Royal Turks and Caicos Islands Police Force (RT&CIPF) wishes to announce the following temporary leadership changes as Commissioner of Police Edvin Martin has proceeded on six weeks of leave.

Deputy Commissioner (DCP) Rodney Adams will serve as Acting Commissioner from October 1 to October 6.

Following this, Assistant Commissioner (ACP) Kendall Grant will take over as Acting Commissioner.

Furthermore, effective October 7, 2024, the Force welcomes the temporary appointment of a second DCP, Fitz Bailey.  Mr. Bailey is a former DCP from the Jamaica Constabulary Force (JCF) with over 40 years of policing experience. The appointment is for a period three months and will provide further resilience to the Force Executive at this time.

During his career, Mr. Bailey has led the following portfolios: the Criminal Investigation Branch (CIB), the Intelligence Branch, the Counter-Terrorism and the Organised Crime Investigation

Branch (C-TOC). He was instrumental in reviewing and reorganising the JCF’s Crime Reporting and Case Management Policy and established a Cold Case Unit.

Mr. Bailey holds a Master of Science in Psychology and Criminal Investigation from the University of Liverpool, a Master of Science in National Security and Strategies from the University of the West Indies, Mona, and an Associate Degree in Accounting from the Management Institute for National Development.

Commissioner Martin stated: “Acting arrangements have been put in place to cover the period of my absence. The Force Executive has been fully briefed and will continue to maintain the strategic goals and objectives of the Force while at the same time ensuring the welfare of all staff”.

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DETRESHA COX APPOINTED AS ASSISTANT COMMISSIONER OF LABOR

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Turks and Caicos, October 3, 2024 – The Office of the Deputy Governor is proud to announce Ms. Detresha Cox’s appointment to the position of Assistant Commissioner of Labor with the Ministry of Border Control and Labor.

Ms. Cox holds a Bachelor of Science degree in Labor and Employment Relations from the University of the West Indies, Cave Hill (2023), which has provided her with in-depth knowledge of labor laws and standards. She is currently pursuing a Master of Science in Development Studies, concentrating on Governance and Public Policy at SALISES, UWI Mona, further enhancing her expertise in the field.

Upon returning home from University, Ms. Cox served as a Senior Labor Inspector, a role in which she honed her skills in applying theoretical knowledge in real-world settings. In this position, she managed labor disputes, mediated conflicts between employers and employees, conducted workplace inspections, and ensured compliance with occupational safety and health standards. Her academic grounding and her hands-on experience have equipped her with a deep understanding of labor issues and the leadership skills necessary for her new role.

Ms. Cox, on her new role said: “I am incredibly honored and deeply grateful for the opportunity to serve as the Assistant Commissioner of Labor. This appointment is a great honor, and I am committed to using my knowledge and experience to contribute meaningfully to the department’s mission and the nation’s labor policy of enhancing labor relations and promoting equitable employment opportunities. With a focus on policy development, compliance, and fostering strong partnerships with stakeholders, I will work diligently to ensure the department continues to meet the needs of both employers and employees. My dedication to public service remains unwavering, and I look forward to driving positive change in the workforce. I want to express my sincere thanks for the overwhelming support and well wishes received; this encouragement has been a constant source of strength. As I step into this role, I believe that success is not just about what you accomplish but what you inspire others to do. Together, I look forward to building a brighter future for our workforce.”

Deputy Governor and Head of the Public Service, H. E. Anya Williams, remarked on Ms. Cox’s appointment, saying, “With extensive knowledge, a qualified educational background in Labor and Employment Relations, hands-on experience, and a commitment to advancing labor relations, Ms. Cox is poised to make significant contributions to the Ministry of Border Control and Labor. Embodying the qualities of a public servant—dedication, expertise, and a genuine commitment to uplifting the workforce. We are excited to see Ms. Cox lead as Assistant Commissioner of Labor and contribute to the continued advancement of labor standards in our community. We look forward to Ms. Cox’s contributions in her new role and are confident that she will greatly benefit the Ministry of Labor and the workforce at large.

Congratulations, Ms. Cox, on this well-deserved promotion.”

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EUD invites input from residents as it reopens public consultation on the Renewable Energy Bill

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Providenciales, October 3, 2024 – The Energy and Utilities Department (EUD) of the Turks and Caicos Islands’ Government (TCIG) is pleased to announce a program of further public engagement on the country’s proposed Renewable Energy and Resource Planning Bill 2023 (RE Bill).

“The EUD has embarked on a comprehensive consultation program with key stakeholders to the RE Bill, including all residents of the Turks and Caicos Islands,” explained EUD Commissioner Delano R. Arthur. “The program begins today with our request for your initial written feedback on the draft RE Bill, and continues throughout October with public meetings in communities across the country, a 5-part educational series that breaks down the key aspects of the proposed Bill, a brief survey to gauge your perspectives on both the RE Bill and solar development here in TCI, and more. We want to ensure residents have every opportunity to understand this important proposed legislation.”

The RE Bill puts legislated structure in place that enables a safe, reliable, and sustainable energy supply for all TCI residents, today and in the future:

  • It establishes a competitive government-managed procurement process for future large-scale renewable energy supplies
  • It enables homes and businesses to install small-scale renewable energy generators such as solar PV to meet their needs, and sell surpluses back to the grid
  • It makes it necessary for anyone who wants to produce renewable energy to get a license.
  • It outlines the rules for connecting renewable energy systems to the electricity grid, ensuring grid stability, safety and fairness.
  • It establishes an Energy Levy Fund which will collect a small fee from large-scale renewable energy producers to support new community renewable energy projects and research.

“With this Bill, our overarching goals are to reduce our reliance on fossil fuels, increase energy diversity, enhance energy security, and support the country’s transition to a more sustainable energy future,” added Commissioner Arthur. “It will provide a framework for renewable energy systems including licensing and interconnection, as well as the development of integrated resource planning for the energy sector in the Turks and Caicos Islands. It’s an important piece of legislation that will impact us all.”

The schedule of public consultation sessions, hosted by the EUD Commissioner and his team, will be shared via the EUD’s social media channels and in print media in the coming days and throughout October.

“The resources we are making available to you will help you better understand the RE Bill and how it impacts you,” continued Mr. Arthur. “We encourage you to engage fully – to review the materials and share your written feedback over the coming weeks, and join us in your local church basements and community halls when we come out to see you in October. These smaller, face-to-face sessions provide the best opportunities for meaningful conversation on our country’s energy future.”

TCI residents have until Friday, October 25, 2024 to provide initial written feedback on the draft Renewable Energy and Resource Planning Bill 2023. The Bill and associated materials may be found at https://www.gov.tc/eud/. Further, residents are encouraged to follow the EUD’s social media pages for the RE Bill survey launch in mid-October, and for details on public meetings in communities across the country.

Feedback on the Renewable Energy Bill can be sent to the following email address eudconsultation@gov.tc.

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