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TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

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#TurksandCaicos, May 3, 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.

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GOVERNMENT REVIEWING TENDER AFTER GRAND TURK–SOUTH CAICOS FLIGHTS STOP

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Turks and Caicos Islands – March 10, 2026 – Commercial flights between Grand Turk and South Caicos have been temporarily discontinued, leaving residents without a direct air link between the two islands since March 1.

The Turks and Caicos Islands Government confirmed the suspension in a statement Tuesday, explaining that the route — which operates under a government subsidy — is currently under review as officials reassess the tender process used to award the service.

The Ministry of Finance, Economic Development, Investment and Trade said the government is “working diligently to assess available options” to restore reliable air service between the islands as quickly as possible.

While the statement did not identify which airline had been operating the route, historically Caicos Express Airways and interCaribbean Airways have provided flights between South Caicos and Grand Turk using small twin-engine aircraft.

Officials acknowledged the disruption has caused concern among residents, noting that inter-island air travel is critical for access to essential services, business activity and government operations.

The government emphasized that the suspension does not affect flights between Grand Turk and Salt Cay, which continue to operate normally.

The review now underway will determine the next provider for the subsidized route. Authorities say the process must be conducted in a “fair, transparent and efficient manner” before service can resume.

For residents of the two islands, however, the immediate issue remains transportation — with many now forced to reroute through Providenciales or rely on limited sea travel until the air connection is restored.

Further updates are expected once the government completes its review and awards a new operating arrangement.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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Rights Without Justice: How Weak Enforcement Fails Women and Girls

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GLOBAL — Laws promising equality for women and girls exist in many countries around the world, yet millions still struggle to access justice when their rights are violated.

That stark reality is highlighted in a United Nations report titled “Ensuring and Strengthening Access to Justice for All Women and Girls,” released ahead of International Women’s Day and the 70th session of the Commission on the Status of Women, which begins March 9 in New York.

The report points to what experts call an “implementation gap” — the disconnect between laws that guarantee equality and the real-world ability of women and girls to enforce those rights.

While legal frameworks promoting gender equality have expanded globally, the report warns that many women continue to face significant barriers when seeking justice.

Among the most common obstacles are high legal costs, long distances to courts and services, language barriers, and low levels of legal literacy. Many women also face what researchers describe as “time poverty,” balancing work and caregiving responsibilities that make pursuing legal action difficult.

Bias and stigma within justice systems themselves can also discourage women from reporting abuse or seeking legal remedies.

The report notes that girls often face distinct and overlooked barriers. In many cases, justice systems lack child-centred procedures, making it difficult for girls to safely report harm or access legal protection. Issues such as child marriage and early pregnancy can further complicate their ability to assert their rights, particularly when they remain legally dependent on family members who may also be the source of harm.

Older women also face unique challenges, often shaped by lifelong patterns of discrimination and economic disadvantage. Gendered ageism can undermine their credibility, with complaints involving violence, neglect, health rights, pensions or property disputes sometimes dismissed or ignored.

The United Nations report also highlights structural weaknesses within justice systems, including limited budgets, shortages of trained personnel and poor coordination between institutions responsible for delivering justice services.

Another factor contributing to the enforcement gap is the continued male dominance within justice sector leadership, which researchers say can discourage women from engaging with institutions meant to protect them.

The findings come as the United Nations marks International Women’s Day under the theme “Rights. Justice. Action. For ALL Women and Girls,” a call for governments to move beyond commitments on paper and ensure that laws protecting women are fully enforced.

Global leaders say closing the gap between legislation and real-world outcomes remains one of the most urgent challenges in achieving gender equality and ensuring that women and girls everywhere can live safe, healthy and purposeful lives.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

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Caribbean News

Jamaica Joins Afreximbank Agreement, Strengthening Africa–Caribbean Partnership

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CARIBBEAN — Jamaica has become the 13th CARICOM member state to accede to the African Export-Import Bank Establishment Agreement, further strengthening economic ties between Africa and the Caribbean.

The development was confirmed during the 50th CARICOM Heads of Government Meeting, where an Afreximbank delegation led by George Elombi and Kanayo Awani met with Jamaica’s Prime Minister Andrew Holness to advance cooperation.

Prime Minister Holness thanked the bank for its support following Jamaica’s recent hurricane, noting that Afreximbank financing helped restore critical infrastructure including water, electricity, sewage systems and roads, while also assisting reconstruction efforts aimed at building stronger resilience to future disasters.

The meeting also focused on broader development opportunities tied to Jamaica’s membership in the agreement. Discussions included rebuilding and modernising infrastructure such as railways, hospitals and other public facilities, while strengthening regional transportation and trade networks to improve the movement of people and goods across the Caribbean.

Afreximbank has been expanding its presence in the Caribbean as part of its strategy to connect Africa with the region often referred to as “Global Africa.” The bank has already committed billions of dollars in financing and trade support to Caribbean economies in recent years, including funding for infrastructure, trade facilitation and private sector investment.

By joining the agreement, Jamaica gains expanded access to Afreximbank’s financial instruments, technical support and trade networks designed to promote commerce between Africa and CARICOM states.

Regional leaders say the growing partnership could unlock new opportunities in areas such as trade, logistics, tourism, manufacturing and cultural exchange, strengthening economic cooperation between the two regions with deep historical and diaspora ties.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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