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Fulford says TCI’s Judiciary will be Established as a Regional Leader under CJ Agyeman

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#TurksandCaicos, January 15, 2022 – The Legal Year 2022 opened on January 4th 2022 in a hybrid fashion, where the Chief Justice, Court of Appeal Judges, Supreme Court Judges, Magistrates and other Official participants hosted the ceremony at the Supreme Court building in person and where Attorneys and other dignitaries attended remotely via zoom link.

The ceremony today marked a welcomed improvement from last year, where covid19 numbers caused the 2021 opening ceremony to be in a strictly virtual fashion for all attendees.

This year’s ceremony saw a cadre of achievements listed by the Chief Justice in her short tenure such as:

  1. New Legal Aid Rules
  2. Establishment of a new Legal Aid Panel
  3. Establishment of a Legal Aid Roster for Civil and Criminal Matters
  4. Implementation of an 18 Month end date for Legal Aid Matters
  5. Establishment of a complaint mechanism for grievances against attorneys
  6. Establishment of Interim Payments
  7. Establishment of Legal Aid for Civil Cases
  8. Waiver of Supreme Court Fees for Civil Cases conducted under legal aid
  9. Establishment of Early Legal Aid from the investigative process.
  10. Establishment of Duty Counsels – where Legal Aid will allow those arrested on suspicion of crimes to have an attorney before charge;
  11. Legal Aid will extend to constitutional rights, habeus corpus, judicial review, domestic violence, contentions probate matters, welfare of Children matters, landlord dispute matters;
  12. Court Connected Mediation Rules
  13. Court to now promote ADR
  14. Establishment of Court mandated Alternative Dispute Resolution
  15. Creation of a Mediation Committee
  16. 42 Mediators are Trained
  17. Creation of a Roster of Mediators -11 are presently on the Roster
  18. Consultation has begun on restorative justice to pay reparation for Offences to promote reconciliation
  19. Establishment of Queens Counsel Selection Panel
  20. Establishment of Alternative Sentencing Guidelines
  21. Establishment of the first ever Bail Ordinance
  22. Establishment of a Sentencing Deadline Committee
  23. Establishment of a Magistrate Rules Committee
  24. Establishment of the Civil Procedure Rules Committee
  25. Establishment of Hybrid Hearings to allow Jury Trials to take place.
  26. Establishment of a Court/Legal Library;
  27. Continuous population of TCILII with judgements
  28. Re-Constitution of the Judicial Education Committee JEI
  29.  JEI three workshops held for Court Staff
  30.  JEI programs to equip Court Clerks with Paralegal training
  31. JEI trained the Bailiffs on Self Defence
  32. JEI armed Bailiffs with body cameras
  33.  Establishment of Registrar of Magistrate Courts
  34. Onboarding of two Judicial Research Assistants
  35.  Establishment of Code of Conduct for the Judiciary
  36. The House of Assembly have voted to provide 3 million dollars toward a state-of-the-art court building for The Judiciary.
  37. Two Buildings have been located and will be retrofitted to be used as Magistrate Courts in South Caicos and North Caicos.

Chief Justice Agyeman laid out other initiatives of the Judiciary and other Strategic priorities are as follows for 2022:

  1. The E-Judiciary initiatives will continue, that will provide paperless access to the digital platform.
  2. A dedicated space for ADR, being a center for parties to undertake mediation
  3. Legislation to bring clarity to Judicial officers is underway.
  4. Ethics and Integrity Training for Court Staff.
  5. Extensive electronic infrastructure is being implemented to improve virtual proceedings
  6. Ongoing work addressing gaps in treatment of Mental Health Issues  and Juveniles in criminal justice
  7. A CJSG which is a collaboration of all stakeholders of justice that serves the public and is striving to provide a multi-level approach to provide access to quality criminal justice.
  8. The CJSG will also be publishing a calendar of community initiatives it will undertake to bring its work to the people they exist to serve.

Fulford views Chief Justice Mabel Agyeman in her role as Head of the Judiciary, as a Judge who sets goals and achieves them despite arduous challenges. The way in which the Chief Justice relentlessly pursues the Judiciary’s goals bodes well for the jurisdiction and no doubt her record of achievement in her short tenue will cause the TCI Judiciary to become known as a regional leader.

Fulford noted that the Turks and Caicos Islands’ Judiciary continues to grow from strength to strength because of the Chief Justice’s resourcefulness, perseverance and commitment to modernization and improvement.

Chief Justice Agyeman thanked the DPP personally and his office for assisting in the many Judiciary reforms. Further thanks were given to the Attorney General and the Bar Association through its President who was on hand to give and receive the remarks.  Many thanks were Given to the Governor, Deputy Governor, Premier, Cabinet and Parliament for the support to the Judiciary.

Chief Justice Agyeman specially thanked the Acting Court Administrator Mrs Barbara Jervis, Her Registrar Ms Renee McLean and her Judicial Assistant Ms. Aisha DeFour.

In closing, The Hon. Chief Justice renewed her commitment and that of the entire Judiciary to continue to improve access to quality justice for all in TCI and to be untiring in their efforts to follow through on the plans outlined for 2022, and continue to strive to position the Judiciary to attain the stature of a resilient, and accountable institution.

Fulford indicated, it’s an opportune time to be serving the public in the legal profession.

 

Caribbean News

CARPHA Remembers Former PAHO Director Emeritus – Dr. Carissa Etienne as a “Tireless Advocate for Regional Solidarity”

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Port of Spain, Trinidad. 01 December, 2023: It is with profound sadness and shock that I extend my deepest condolences to the family and friends, people of Dominica, the Caribbean Community and the Pan American Health Organization (PAHO), on the untimely passing of PAHO Director Emeritus, Dr. Carissa Etienne.

Dr. Etienne’s contributions to public health in the Americas were not only significant, but also transformative.  Her leadership and unwavering commitment to our Caribbean Community’s collective pursuit of healthier people, healthier spaces and a healthier Caribbean were a source of inspiration to many.  Dr. Etienne was a tireless advocate for The Americas’ regional solidarity, for she knew that was the only way to address the glaring inequalities that exist here.

She was the Director at PAHO for most of the life of the Caribbean Public Health Agency (CARPHA), and under her leadership, CARPHA graduated from the PAHO Biennial Work Programme (BWP) arrangement to having framework agreements.

PAHO funded many of the programmes that are difficult to attract support, like the Caribbean Regulatory System (CRS) and the Medicines Quality Control and Surveillance Department (MQCSD), which are important services for the Region to ensure the quality of medicines.  Under Dr. Etienne’s leadership, PAHO also funded non-communicable disease interventions, another area that does not attract large pots of funding, although the number one cause of deaths in the Caribbean region. 

During the Pandemic, CARPHA worked with PAHO to fund the downpayments to give 12 Member States access to COVID-19 vaccines through COVAX to the tune of US$2.6 million.

Dr. Etienne will be remembered as a true Caribbean lady who worked with great dedication and focus throughout the horrible COVID-19 period and right up to her last working day at PAHO.

During this challenging time, we pray that God will give strength to Dr. Etienne’s family, friends, and colleagues.  CARPHA cherishes the memories of her remarkable contributions to the well-being of individuals and communities throughout the Americas, but especially the Caribbean.

The CARPHA Executive Management and staff stand in solidarity with our Caribbean Community as we mourn the loss of a visionary leader. 

 

Dr. Joy St. John

Executive Director, CARPHA

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Caribbean News

CANARI outlines climate priorities ahead of Cop28

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Rashaed Esson

Staff Writer

 

The Caribbean Natural Resources Institute (CANARI) informed that the Caribbean Climate Justice Alliance, in preparation for the upcoming annual COP28 in 2023, launched its “Caribbean Climate Justice and Resilience Agenda,” outlining the priorities for climate justice and resilience in vulnerable Caribbean small island developing states (SIDS).

 

In a press release, CANARI highlighted that the agenda recognizes the major threat of climate change to the region as well as aims to louden the voices of the at-risk groups “on the frontlines of the climate crisis and catalyze actions for climate justice and local resilience in the Caribbean SIDS.”

 

The priorities stated under the agenda are:

 

  1. Curbing emissions to limit global temperature

increase to 1.5 ̊C

 

  1. Scaling up locally-led solutions for adaptation and

loss and damage

 

  1. Improving access to and delivery of climate finance

for frontline communities, small and micro enterprises, and civil society organizations as part of a ‘whole of society’ approach

 

  1. Scaling up just, nature-based solutions for resilience

 

  1. Supporting a just transition for pro-poor, inclusive,

sustainable and resilient development

 

  1. Promoting gender equity and social inclusion

approaches to climate action

 

  1. Promoting youth and intergenerational equity as

core to the climate response

 

  1. Integrating a rights-based and earth-centered

approach in addressing all these priorities and ensuring climate justice

 

The at-risk groups referred to in the release include small-scale farmers and fisherfolk, rural women producers, income-poor people, elderly and disabled people, Indigenous and Afro-descendant communities, migrants, and LGBTQIA+ people.

 

Being cognizant of the severity of the effects of climate change on the Caribbean, CANARI referred to the fact that the very existence of the region is on the line.

 

“If greenhouse gas emissions continue unabated and global temperature exceeds 1.5 ̊C, the impacts of rising sea levels, more intense hurricanes, rainfall variability, ocean acidification, and other changes threaten the very existence of our way of life in the Caribbean and other SIDS that have contributed the least to global emissions.”

 

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Bahamas News

CARICOM Sec Gen speaks on Gender Based Violence

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Rashaed Esson

 

Staff Writer 

 

“Everyone must continue to invest in preventing violence against our women and girls (VAWG). It is an investment in our shared future,” were the words of Dr. Carla N. Barnett, CARICOM Secretary-General, as she reiterated the need for solutions against VAWG.

 

She called attention to VAWG as she gave a speech surrounding the annual campaign “16 Days of Activism Against Gender-Based Violence,” which runs from November 25 to December 10, 2023.

 

Barnett expresses the well-known fact that VAWG is one of the most prevalent issues affecting all corners of society.

 

“VAWG remains one of the most pervasive forms of human rights violations in the world and cuts across all races, cultures, genders, and educational backgrounds,” she maintained, as she continued to point out the sad reality that this is still a major issue despite regional and global policies.

 

“Despite the existence of regional and global policies and legislation to combat VAWG, weak enforcement and discriminatory practices remain significant barriers to ending VAWG.”

 

The Secretary-General highlighted statistics for VAWG, bringing attention to how serious and embedded this issue is in society.

 

She said that globally, 736 million women—nearly one in three—have experienced violence—physical and/or sexual intimate partner violence, non-partner sexual violence, or even both.

 

For the Caribbean region, she said surveys conducted between 2016 and 2019 inform us that one in two women experience intimate partner violence, which is higher than the global average. 

 

In continuation, Barnett expressed that the campaign calls everyone to action against VAWG, including “development partners, civil society organizations, women’s organizations, youth, the private sector, and the media.”  Also, world governments are being asked to share how they are investing in gender-based violence prevention.

 

Ending her address, the Secretary-General urged everyone to wear the color orange for the duration of the campaign, as well as on the 25th of each month, “as a symbol of hope for a brighter future where women and girls live free from violence.”

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