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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.

END

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More Promises for Capital Projects in 2024

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Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, May 9, 2024 – PNP Administration says the 2024/25 budget is one for the people and Washington Misick, TCI Premier laid out the $485 million allocation detailing what will directly benefit each island from Grand Turk to Providenciales. Another $19.7 million in new spending was allocated to the total budget of 63 million for capital projects.

Big ticket items to be completed this year under the capital expenditure umbrella include the National Identification System and the Digitalization of Border Services with allocations of $3.7 million and $12.6 million respectively.

The $12.6 million allocation for Border Services will be split over three budget cycles

“We have ensured that the capital program brings some improvement to each island,” the Premier maintained.

The promises may not hold as much weight for some with the government consistently failing to spend its allocations for capital projects. In 2023/24 only $29 million of the $57 million allocated was spent

Misick sought to explain this “The Public Sector Investment Programme for 24/25 includes projects that started in the last financial year. For some of these projects, there was no tender take-up and for others, the tenders received did not satisfy the evaluation criteria.”

The Capital Projects the Premier listed include:

Grand Turk and Salt Cay

  • Construction of West Road and Pond Street Bridges – $650,000
  • Construction of drains and site work at the Helena Jones Robinson High School and remediation works on the Ponds. – $3.6 Million
  • Upgrading of roads, bridges, and ponds such as Mission Folly and West Road  $3 Million
  • Grand Turk Market and Welcome Centre – $1 Million
  • Matthew Canal works, Salt Cay – $800,000

Several of these including Pond Street works are longstanding projects

South Caicos 

  • Improvements to Cockburn Harbour – $500,000
  • Solar Street Lights – $250,000
  • Redevelopment of the Conch Ground Facility $1.5 Million
  • Redevelop Regatta Village -$1 Million
  • Community Road Repairs – $3.5 Million

North and Middle Caicos

  • Renovation of the Bambara Beach Vendor Market – $750,000
  • Solar street lights – $250,000
  • Whitby Roads – $1.1 Million
  • Renovate and refurbish the Horse Stable Beach Community Park – $500,000
  • Bottle Creek Community Centre -$1.5 million

Nearly all of these projects have been budgeted for before notably, Bambara and Horse Stable Beach Projects.

Providenciales

  • New drainage and other improvement work -$3.4 Million
  • Pave and repair roads – $4.9 million
  • Upgrade recreational parks in Blue Hills, Kew Town, Five Cays, and the Bight – $500,000
  • Leeward and Long Bay community roads and solar lights – $500,000
  • Community Centre for the Bight – $1.5 million
  • Solar streetlights for the Bight – $250,000
  • Refurbishing of the Gustavus Lightbourne Sports Complex roof and floor- $800,000
  • Road works in Kew Town, including pedestrian crossing – $350,000
  • Solar street lights for Kew Town – $250,000
  • Way finder signage for Blue Hills – $150,000
  • Solar street lights for Blue Hills – $250,000
  • Mobile Clinic for Blue Hills – $300,000
  • Solar street lights for Sapodilla Bay – $250,000
  • Paving of roads in Wheeland – $500,000
  • Solar street lights and recreational pavilion for Wheeland– $750,000

In tabling these projects, Misick admitted that the government has a serious issue with delivering large-scale projects.

“We have a capacity problem. We are facing tremendous challenges in developing and implementing big-ticket projects. Public servants are working hard, but the onerous processes, insufficient resources, inadequate technology, outdated laws, an unwillingness to adapt by some, and bureaucracy are frustrating delivery.

That must change.”

The Premier revealed that $300,000 has been set aside in an effort to make the procurement process smoother. Another $1.8 million will be spent on project initiation and project development plans. Misick says that this will allow the government to plan projects a year in advance, speeding up delivery.

With this being the final budget before elections the government has one financial year to complete the projects that they have not been able to pin down since 2021.

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The Arc construction in Provo progressing, 50 percent  Sold 

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Dana Malcolm 

Staff Writer

 

#TurksandCaicos, May 9, 2024 – With over 50 percent of rooms sold, the Arc Providenciales has officially been greenlit for construction.

The Arc is part of the South Bank development set on the south coast of Providenciales which in total has already sold $ 250,000,000 worth of real estate.

The project offers four different neighborhoods, complete with a private lagoon and man-made islands, which are all selling fast, The Arc, Ocean Estates, which are nearly sold out all clocking between $4 and $14 million in sales, Boat Houses with 34 out of 38 sold and Lagoon Villas which start at $2 million up.

Described as the heart of the South Bank project, The Arc, named after the gently curving design of the building, will be the Turks and Caicos’ most iconic property according to developers.

In a May 2 webinar attended by Magnetic Media, developers revealed that the building will sport a 150-foot-long pool alongside a man-made beach protected by a concrete sea wall but still connected to the open ocean.

The beach is due for completion by November with groundbreaking for the Arc set for the second quarter of this year. The Arc, like many newer TCI properties, will be part residential, part hotel. It’s the last property in the development and the feather in the cap of developer Ingo Reckhon.

Included in the sky villas, which are the most exclusive of the rooms on the Arc, will be indoor-outdoor kitchens, hot tubs, pools, outside gardens, boat slips, and the Turks and Caicos’ first-ever boat concierge service.

It is to be managed by Grace Bay Resorts.

“Both of us are Turks and Caicos companies operating here for over 30 years. We both believe in our people and we hire local employees,” said a representative from Grace Bay Resorts during the meeting. In attendance were dozens of homeowners who have bought into the TCI dream ’live South Bank.’

New construction is a major contributor to stamp duties in the Turks and Caicos and enriches the real estate market in which resale properties are few and far between. The government expects that it will collect over US$50 million in stamp duty taxes from land sale transactions in the 2024/25 financial year.

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Bahamas News

Minister Moxey says Grand Bahama is “on the move!”

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By ANDREW COAKLEY

Bahamas Information Services



FREEPORT, Grand Bahama, The Bahamas — Minister for Grand Bahama, the Hon. Ginger Moxey says Grand Bahama is finally on the move, “the environment is shifting, investor confidence continues to grow; buildings are going up and, in some instances, coming down; events are happening; properties are selling, apartments are rented, and homes being purchased, and Grand Bahamians are returning home!”

Minister Moxey was the guest speaker at the 2024 Freeport Business Expo, which was held at Grand Lucayan Resort on Thursday, May 2, 2024.

The event attracted several local small and medium sized businesses with booths to present their products and services.  The event was held in conjunction with the Ministry of Tourism, the Ministry for Grand Bahama, the Grand Bahama Port Authority, and other partners.

The Grand Bahama Minister noted that her government is focused on all opportunities for the growth and development of Grand Bahama.  “My ministry continues to partner with the Ministry of Tourism, Investments and Aviation to promote Grand Bahama Island to the world for tourism and other developments,” said Minister Moxey. “We are in constant dialogue with the cruise lines, the airlines, the tour operators, and other investors and developers, to ensure that the $2B currently in progress, is expedited.

“Tourism is on the move; Grand Bahama is on the move. It is happening, and we want our people to be prepared for it, so much that the Government of The Bahamas — a collaboration between the Ministry for Grand Bahama and the Ministry of Tourism, Investments, and Aviation – has already held two Entrepreneurial Expos for the year. One in West Grand Bahama and the other in Freeport.”

Minister Moxey is convinced that this is the “turn-around” season for the Second City, pointing out that one could feel the change in the air.  As such, she said the atmosphere is conducive for collaboration between innovative thinkers, who recognize the potential of Grand Bahama.

In addition to the previous business expos held across the island, last year, the Ministry for Grand Bahama launched the “Empower Grand Bahama Micro-Business Grant Programme” to encourage new and existing entrepreneurs to create immersive experiences, services, and authentic products, all uniquely Bahamian and attractive to visitors.

During that time 149 micro-grants were awarded to Tour & Experience Providers, Creatives/Artisans, and Authentic Food & Beverage Providers. Relief grants were also extended to Straw and Farmer’s Market Vendors, and to Junkanoo groups to help them rebuild after Hurricane Dorian.  “And my ministry continues to work closely with the Ministry of Tourism, Investments, and Aviation to promote Grand Bahama as a tourism and investment destination to overseas markets,” said Minister Moxey.

“On the ground, we have cleaned and restored the Bahama Arts & Craft Center and the surrounding property, heritage and cultural sites from east to west through the ‘Beautiful Grand Bahama’ Program, and supported cultural festivals like Pelican Point Coconut Festival, McLean’s Town Conch Cracking, Goombay Summer, and others so that visitors and residents can enjoy events celebrating our Bahamian heritage.”

Minister Moxey revealed the staging of a future expo, called the Grand Expo, set to take place on July 5th, leading up to the country’s Independence.  The Expo will be hosted by the Collab Unit of the Ministry of Grand Bahama, under the theme “Well coming home!” It will feature government agencies, like the Tourism Development Corporation, Bahamas Development Bank, Bahamas Mortgage Corporation, Small Business Development Center, as well as GBPA, DEVCO, Invest Grand Bahama, organizations involved in major developments on the island, real estate companies, land developers, and other organizations to allow individuals to see the vast opportunities.

The initiative is designed to become a catalyst to cause Grand Bahamians to return home. Minister Moxey noted that with a population decline to 47,000 and a capacity to easily service over 250,000 people, it’s time for residents to return home to Grand Bahama.

“There has never been a better time,” she added. “So, this is a clarion call… if it’s been over 20 years, or five years, after Dorian, or even one year… to you the Grand Bahama Diaspora, it’s time to come home!”

 

PHOTO CAPTIONS

Header: Minister for Grand Bahama, the Hon. Ginger Moxey, who was the guest speaker at the Freeport Business Expo 2024, said that Grand Bahama is on the move and that investor confidence continues to grow.  The Business Expo was held at the Grand Lucayan Resort on Thursday, May 2, 2024.

1st insert: Minister for Grand Bahama Ginger Moxey gets the feel of a new model ATV which was on display at the 2024 Freeport Business Expo on Thursday, May  2, 2024 at the Grand Lucayan Resort. President of the Grand Bahama Port Authority, Ian Rolle and other GBPA Executives look on.

2nd insert: President of the Grand Bahama Port Authority, Ian Rolle explains the concept of a new business recently launched in Freeport, during the 2024 Freeport Business Expo at the Grand Lucayan Resort on Thursday, May 2, 2024.

3rd insert: Minister for Grand Bahama Ginger Moxey is fascinated by the concept of one of the new proposed business ventures set to be implemented and opened in Freeport in the near future, during a tour of the businesses presented at the 2024 Freeport Business Expo at the Grand Lucayan Resort on Thursday, May 2, 2024.

4th insert: Glendia Sweeting, Manager of Quality Assurance and Special Projects of the Grand Bahama Port Authority (right) welcomes Minister for Grand Bahama, Ginger Moxey (left) through the display expo in the ballroom of Grand Lucayan Resort following the official opening of the 2024 Freeport Business Expo on Thursday, May 2, 2024.

 

(BIS photos by Lisa Davis) 

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