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TCI: Court Justice reports: Votes Must Count; Two Candidates rank higher, but General Election results unchanged

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#TurksandCaicos, June 10, 2021 – Two All Island Candidates got more votes than the final, official results showed and while this will not change the outcome of the general election, it does change how each person finished historically.  Both Jamell Robinson, an all island candidate on the PNP ticket and Karen Malcolm, an all island candidate for the PDM have moved up in placement because a block of voters were left out and off of their final tally.  This was concluded by Justice Carlos Simons, QC who accepted the request of the Governor to review the complaints of not one, but two candidates from the February 19 national poll.

“…His Excellency the Governor asked me to undertake this effort. Summarizing his email correspondence of 26 April and surrounding conversations, he noted the key objectives to be: a) Maintaining public confidence in the accuracy of the electoral process; b) Understanding the details that underpin Hon. Robinson’s complaint and whether and what remedy is/was available, and if there were courses of action open to him under the Ordinance that he could or should have utilized to ensure that this late challenge was not needed; and c) Produce a Report on this basis or any other basis necessary as befitting a matter touching and concerning the Constitution and the democratic process. 10. A day later His Excellency brought to my attention a similar complaint from Hon. Karen Malcolm and asked that I widen the scope of my inquiry to include that, to which I agreed,” outlined Simons in his report, which was made public on June 8, 2021.

 Justice Simons said Turks and Caicos was fortunate, this time around that the discrepancies in tallies for the concerned candidates did not change the overall election results, but strongly advises that changes be made and recommendations taken on how to ensure this never happens again. 

“We are lucky that in neither case was the diminishment of votes sufficient to affect the overall result of the election for either candidate or for their Parties. And in the absence of any evidence of fraud, it seems to me the proper response would be to see how the system can be made less vulnerable such human errors in the future. Before we go there however, I have been asked to consider what remedies the candidates might have availed themselves of under the Ordinance.”

Simons, a former candidate himself said what was most bothersome to him was that voters who would have wanted their voice to be heard in their selection of a candidate would have been missed out, had the candidates not questioned their individual and cumulative results. 

“The entitlement to vote is provided for by s. 55 (5) of the Constitution and s. 10 of the Ordinance. The issue in play in both cases here is important because each miscounted vote, or uncounted vote represents a denial, or at least a distortion of the electors’ right to choose their representatives in the House of Assembly. The fact that the numbers by which the votes of these two candidates were under reported were not sufficient to affect the overall outcome is not relevant to this fundamental consideration.”

In the case of Karen Malcolm, who was on her second run as an at large candidate; her final results after ballot counting left out all of the people who voted for her in North and Middle Caicos or ED4.  All 39 of the votes cast were left off the tally.  It takes her from the recorded 2,491 votes nationally to 2,530; she finishes in sixth place and as the top performing People’s Democratic Movement candidate; a step up from second. 

In the case of Jamell Robinson, he was shorted 82 votes and the shortfall came in The Bight, ED6.  It makes Robinson, as he had claimed, the second best performing candidate not just for the Progressive National Party but overall; falling second to Washington Misick, with his now confirmed 3,500 votes. 

The Governor in releasing the full report concludes that he accepts the findings and conclusions; explaining Justice Simons did the work pro bono.

“I accept all of his conclusions and recommendations as do the Candidates and the Supervisor of Elections.

Of importance to the two ‘All Island Candidates’, and to those who voted for them in two electoral districts, Justice Simons concludes that: Honourable Jamell Robinson and Honourable Karen Malcolm both polled more votes in ED6 and ED4 respectively than were recorded in the final election results.  The accompanying conclusion is also important because had those additional votes impacted the election results, then the impact would be significant.  That conclusion is however that the number of votes made no difference to the election result, in either case,” said the Governor in his statement on the Election Discrepancies Report.

Suggestions have been made by both Robinson and Malcolm on what “guard-rails” could be established to avoid any repeat and “These improvements will therefore be incorporated by the Supervisor of Elections in future elections,” advised Governor Dakin. 

The Governor reiterated, there was no election fraud and that electoral law is uninterested in the ranking of the five all island candidates; only that the top five finishers be counted as members of the House of Assembly and in this case, fortunately, all five of them are.

“In terms of whether the official election result – in terms of numbers polled – can be retrospectively changed, the answer is that it cannot. As far as electoral law is concerned, the Ordinance is entirely uninterested in the relative ranking of ‘All Island Candidates’ save to say they are either in the top five, or they are not.  They win or they lose. They gain a place in the House of Assembly or they do not.  While Justice Simons does not say it, the fact that such rankings may or may not be important in terms of internal party considerations, is not the concern of the law nor, therefore, the Supervisor of Elections or the Courts who must be guided by it. Justice Simons explains in his report the error made no difference to the election result, and that is all the Elections Ordinance seeks to achieve,” explained HE Nigel Dakin in his June 8 statement.  

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Branch out and Tap in to greater Financial Opportunities says Robert Hall 

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By Dana Malcolm 

Staff Writer    

 

 

#TurksandCaicos, March 24, 2023 – Teachers in The Turks and Caicos need to be allowed to market their skills to the private sector, broadening their earning potential and likely enhancing their tenure as teachers, also attached to the Turks and Caicos Islands Government. 

Robert Hall, a former Minister of Education made the edgy suggestion at an Education Week Symposium which was carried live on the TCIG’s Facebook page. 

“For instance, a good music teacher, rather than simply training voices why not get into the entertainment field?” 

Home Economics teachers and Technical Drawing teachers and similarly talented individuals should break into the industry and tap into the Turks and Caicos’ multi-million-dollar clientele. 

“Why not offer the service and you can do that at a cheaper rate.  In each case whether it is the Home Ec teacher, the TD teacher or woodworking teacher; pull some of your students along with you into those areas,” he urged. 

The presence of local job experience programs aside, what Hall is suggesting, should it be carried out, could put local teachers and students in the direct path of mega successful hoteliers, architects, artistes and more.  Some of the most successful people in the world frequent the Turks and Caicos and there have been several occasions where residents have their talents recognized and honed by investors.  

It is well known that the late Prince, a multi-award-winning singer, songwriter and producer, gave unique opportunities to Quinton Dean in music and Frank Forbes in culinary arts; one touring with him and the other his personal chef.  Forbes was also a personal chef to music and movie star, Tyrese.   More recently, recording artist Jenardo Laporte was handed a whopping $20,000 by global music mogul, Drake, when he demonstrated undeniable talent.   

Robert Hall is a firm believer.  He says that through branching out, educators would be able to seriously help themselves financially.  

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Illegal immigration, still a real threat in TCI

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#TurksandCaicos, March 24, 2023 – Immigration reform is perhaps the most complex policy to enact, let alone enforce without stepping on individuals human rights or on the toes of a certain group of people.  I realize there is an undercurrent of tension right now as it relates to this delicate topic, but it’s important to discuss. This is why in my opinion, no one has the perfect solution or answers, not even major developed countries.  Nevertheless, elected politicians have an obligation and a duty to come up with a comprehensive approach and viable solutions in the best interest of our the Turks and Caicos.
The impact of the recent pandemic have created even more of a nightmare for many countries around the world.  As a result, many people are suffering and in dire straits of basic needs.  Amid the fears and instability in our neighboring country like Haiti, it’s pretty evident. As we can see, without intervention, it is forcing hundreds, if not thousands of illegal migrants to risk theirs lives to reach our shores.
Years ago, political pundits were taken  back when the former premier stated that she cannot stop the illegal Haitian sloops from coming. Although, not politically correct, it has proven to be factual. Despite their tireless efforts, with some progress being made in recent months, which political party has yet to show they can?
For decades our country has dealt with illegal immigration, primarily Haitian and Dominican nationals and there seems to be no real solutions or end in sight.  Recently, many other nationalities are seizing on the opportunities and taking advantage of the loopholes in our immigration system and porous boarders.
I’m inclined to believe we literally have thousands of undocumented immigrants living in our country under the shadows, be it from undetected illegal boats coming ashore or persons who have overstayed their visas.
The recent voters list published by Tci Sun, which showed only 9,034 registered voters out of a population of approximately 45k, could be indicative of the magnitude of our illegal immigration problems.
Currently, there are ongoing discussions of enlarging our franchise through a legal framework with descendants of TCI. Looking at it through this prism, although noteworthy, we ought to be careful not to rush this initiative. In doing so, it could be consequential. In the interim, why not deal with the problem at hand?
In a small island nation like TCI, unchecked immigration could threaten the very fabric of our society in terms of our culture, the burden on our existing welfare system, etc.  What we need is zero tolerance for illegal immigration. Although we are advocates for human rights, our country has a rule of law that must be adhered too.
In order to properly enforce our current laws and bring about real change, the government will need to have stronger checks and balances in place, in addition to implementing more aggressive deterrent tactics.
Such as, a better tracking system for overstayed visas under the “Operation Guardian programme”.
-Imposing hefty fines for hiring illegals or aiding and abetting illegal entry.
-Housing enforcement of make-shift shacks erected on vacant properties, be it government or private.
-Investing heavily in border control and protecting our sovereign water ways.
-Increasing unannounced worksite immigration inspections, etc.
It’s unfortunate, but given the rapid decline of our indigenous population over the years and the construction boom, the country cannot continue to thrive and survive without foreign workers.  The reality is, our country does not have sufficient local labor force to meet the construction demands and the growing need for workers in the service industry.
The question is, at what point are we willing to accept this reality? I also believe there is a broader appetite by the public for the government to make some necessary amendments to our current immigration policies.  It’s evident, the British government who is ultimately responsible for our external security, is only spoon feeding us when we cry out.   I’m afraid, the road we are currently on, its putting the country in a very precarious position which will be difficult to rebound.
With that being said, there are other options the government should also consider to help mitigate the internal and external impending threats.  The first option: Whilst developing bilateral security partnerships is great, let’s ramp up the pressure on the British government to station their own coastguard ship in our waters on a semi-permanent basis. This will help to deal with the constant interceptions of illegal vessels and less reliance on the US and Bahamian Coastguard.
With our limited Marine resources, why are we processing hundreds of illegal migrants on our shores? Our system was not designed to house and support such levels of immigration.   The high cost of repatriation is draining our already strapped fiscal budget, which in turn creates other economic shortfalls for the country.
The second option: Consider passing an amnesty bill with a path to citizenship for those without criminal records who can prove they have entered the country prior to XYZ date.   For eligibility, such persons would have to provide some form of legal documentation, work history, passport and credible references.
Obviously, this will need to be a well thought out process and will require some kind of “Think Tank” committee to brainstorm this to see what the legal ramifications may be. It will also need to include our census bureau embarking on a countrywide effort for a more accurate headcount.
By doing this, we may accomplish a number of things, for one, it will decrease what I would characterize as the “slave labor pool” in our country. In addition, it will allow those who were once illegal to pay into our NHIB, NIB health and retirement system rather then draining it at our own expense.
“ The bottom line is, it’s a broken system and we cannot continue to kick the can down the road. If we operate the same way we will get the same results”.
As we have seen over the years, even though many of these voyages could be very treacherous, these migrants are undeterred by the seemingly odds of dying to get to TCI.
Therefore, it is futile to just sit back, complain and think it will magically go away. Because, at the end of the day, they are here, living and working among us undetected and have been for years. Something unprecedented must be done.
Illegal immigration is a matter that should concern all of us. Whether or not we choose to confront the problem, or just put a bandaid on it, it’s definitely something we need to tackle head on.
Ed Forbes,
Concerned citizen of Grand Turk 

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Tenders Published for Credit Union, South Caicos Port, K-9 Unit and Public Sector Pay Raise 

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By Dana Malcolm 

Staff Writer 

 

#TurkandCaicos, March 24, 2023 – Contracts are now up for grabs as some long-awaited projects are poised to get started with funding allotted, and projects in need of companies to execute them; they include, the investigation into another pay increase for public servants, the new credit union, and development in South Caicos. 

A suite of tender documents was officially published earlier this year for upgrades including the South Caicos Port Dredging Project. 

The South Caicos Channel has not been properly maintained since it was initially constructed. The project aims to restore navigability to the port and increase the vessel, and barge sizes (tonnage capacity) with access to the port according to the government’s tender.

The TCIG says this is to reduce the costs of imports as the fully loaded barges reduce costs of goods and materials to residents, local businesses, and existing and future commercial development interests at South Caicos.

The Office of the Deputy Governor has also opened a tender to reassess payment for all public servants. 

A consultant is being sought to do a grading review for the entire sector of which the Deputy Governor is in charge.  The Government introduced a pay increase of 10 percent for public servants last year.  However, most of that was not cash in hand as it went to a new retirement fund. 

The tender follows the increase of the minimum wage in February, to 8 dollars an hour.

Next up is the new National Credit Union which the Ministry of Finance, Investment and Trade is hoping a consultant will step up to establish.  The Credit Union is aimed at expanding financing options for residents beyond commercial lenders. 

Customised vehicles are also being brought in for a brand-new K-9 unit at the Department of Customs. Late last year, K-9 Units were used at the nation’s ports and were successful in detecting and thwarting efforts to smuggle illicit drugs into the Turks and Caicos Islands. 

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