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Privy Council rules in favour of TCI Government in South Caicos land dispute

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By Deandrea Hamilton & Dana Malcolm

Editorial Staff

 

#TurksandCaicos, November 22, 2022 – A 14-year old land dispute has reached its end, it seems, and the Turks and Caicos Islands Government escapes being sued for breach of contract in connection to a South Caicos property sold to private developers back in 2008.

The Turks and Caicos Islands Government prevailed in the Privy Council case and has reclaimed yet another parcel of Crown Land that was sold, according to case files, in 2008 when a $100 million dollar development was proposed.

CMO BWI Ltd, also the developers for the Sail Rock resort on South, claimed the contract for the land (also) located in South Caicos was breached after an agreement and subsequent renegotiation went sour with the introduction of new law.  The developer filed a suit against the Government, saying TCIG reneged on its own agreement and aborted a perfectly legal contract.

According to case files provided at the Privy Council’s website, “CMO are the developers of property situated in South Caicos to whom the Government in 2008 granted the right to carry out a mixed-use development. The total cost of the development would be $100,000,000. The agreement included the right to restore and use, as part of the development, certain parcels of Crown land. These parcels were to be granted to the developers in the Downtown Restoration Lease at a peppercorn rent if and immediately after they had invested $2 million on Island Improvements.”

The breach, according to the complainant involved the transition from UK Direct Rule to TCI Governance in November 2012.  The new constitution now turned over Crown Land management to the Attorney General’s Chambers and established a Crown Land Recovery Unit which was charged with repossessing land sold off in allegedly ‘sketchy’ deals.

The then government, led by Michael Misick, former TCI Premier had agreed to the $100M project for South Caicos, which also roped in general improvements for the island.  CMO agreed to those terms and reportedly began investing in infrastructure enhancements just before the government they knew was gone.

UK Direct rule was imposed in 2009 and with it came a partial suspension of the TCI Constitution, locally elected and appointed leaders.

It put the project in limbo but in 2013, according to the case file, there was an amended agreement with the government which meant, “there was no longer a requirement for the Appellants to present proof of having expended $2m in order to obtain the Downtown Restoration Lease, although it was necessary for the Appellants to notify the government that they were ready to commence the island improvements.”

One day later, CMO informed the government they were ready to begin “island improvements” which meant the government had to execute the restoration lease. That did not happen however and it was nearly two more years before the TCI Government would take definitive action.  The action was to deny the Downtown Restoration Lease citing a new Crown Land Ordinance (CLO) had been written, which essentially nullified significant elements of the previous contract.

“In January 2015, TCIG gave formal notice that it would not grant the Downtown Restoration Parcels Lease, stating that it was precluded from doing so by Section 34 and Part B of Schedule 2 of the CLO with prevented it from entering into any lease unless it was at market rent, having followed the process prescribed by the CLO.”

In July 2016, the developers began proceedings in the Supreme Court which they lost and on July 11 this year, the case was heard at the Privy Council in London.

On November 3, the Privy Council maintained that the Court of Appeal was right in dismissing the Appellant’s appeal, agreeing that the contract in 2013 had canceled out the agreement in 2008 and that the 2013 agreement could not be carried out under the new TCI law.

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CTO’s Sustainable Tourism Conference Presents Dynamic Study Tours to Promote Sustainable Practices

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The Caribbean Sustainable Tourism Conference (STC 2024), slated for April 22-24, 2024 in Grenada, will feature a series of exclusive study tours aligned with the conference theme, The 5 Ps – People, Planet, Prosperity, Purpose and Partnership. These tours have been thoughtfully curated to offer participants an enriching and unique opportunity to delve into innovative sustainability practices and glean insights intended to catalyze transformative action for a more resilient and sustainable Caribbean.

STC 2024 is jointly hosted by the Caribbean Tourism Organization in collaboration with the Government of Grenada, through the Grenada Tourism Authority, and will welcome a wide range of participants, including government officials, tourism professionals, environmentalists, members of the media and researchers.

This valuable addition to the conference will allow participants to visit various sites and interact with local communities, gaining firsthand knowledge of best practices in sustainable tourism management, conservation efforts, and community engagement. 

Study Tour Options:

  • The Underwater Sculpture Park/Grand Anse Artificial Reef Tour: Led by Aquanauts Grenada, guests dive into the intricate ecosystem of the Underwater Sculpture Park and Grand Anse Artificial Reef and learn about sustainable practices aimed at protecting and preserving these vital marine habitats.
  • Grand Etang Nature Tour: Dr. Guido Marcelle, an esteemed botanist, guides participants through the lush rainforests surrounding Grand Etang Lake to explore Grenada’s rich biodiversity and gain valuable insights into rainforest conservation efforts.
  • The Rasta Roots Expedition: Immersive Journey into Rastafari Culture and Lands: Led by Ras Ginga, an elder of the Nyahbinghi Tribe, guests experience the Rastafari culture firsthand, learning about organic living practices and farming practices of Grenada’s Rastafari community, complete with a taste of local culinary delights.
  • Mt. Parnassus Plantation and Cocoa Pod Botanicals: Experts Michael Jessamy and Tricia Simon guide participants through the cocoa and spice plantation, uncovering innovative applications of these crops in cosmetics and health products.

The conference’s diverse program, comprising presentations, panel discussions, workshops, study tours and networking opportunities, aims to foster collaboration and facilitate knowledge sharing to advance sustainable tourism in the Caribbean region.

Event sponsors and partners include interCaribbean Airways; Royal Caribbean International; Silversands Grenada; Six Senses La Sagesse, Grenada’s newest resort; and LINK Strategic Partners, an international strategic communications and community engagement consulting firm with offices across the U.S. and in Manchester, England.

 Visit caribbeanstc.com for further information about the conference and registration details. To learn more about the Grenada Tourism Authority, visit puregrenada.com.

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RTCIPF Observes World Down Syndrome Day

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On March 21st, 2024, the Royal Turks and Caicos Islands Police Force joined the international, regional and local communities in observing World Down Syndrome Day. 

Officers showed their support by wearing brightly coloured and mismatched socks to raise awareness. 

The head of the Safeguarding and Public Protection Unit, Assistant Superintendent of Police Grantley Williams, Training Manager Mrs Odessa Forbes and Media Relations Officer Denyse Renne visited the SNAP Centre and interacted with the students.

In a message to the TCI community, the RTCIPF noted that stereotypes perpetuate stigma and hinder inclusion, preventing individuals from reaching their full potential. 

Instead, the RTCIPF calls for individuals to foster an environment of acceptance and support where everyone is valued for who they are. 

By breaking down barriers and challenging misconceptions, we can create a more inclusive society where individuals with Down Syndrome are empowered to live fulfilling lives and contribute meaningfully to their communities and, by extension, the TCI. 

As law enforcement officers, we must protect and serve all members of society, regardless of their abilities. 

Let’s work together to ensure that individuals with Down Syndrome are treated with dignity and respect and that their rights are upheld.

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CARICOM speaks out on Climate Change, looking to May meeting to amplify call for Climate Funding

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March 3, 2024

 

The Caribbean Community (CARICOM) remains on the frontlines of global climate crisis, an issue the Region has been aggressively advocating on for the past thirty years. Despite the many commitments and promises of international partners, the window of opportunity to limit global warming to 1.5 degrees Celsius above pre-industrial levels is rapidly closing.

Heads of Government are concerned that while COP 28 was widely regarded as a historic event, with the completion of the first global stocktake (GST), on progress in achievement of the Paris Agreement goals, the outcomes of GST show that emissions of greenhouse gases continue to rise and the nationally determined contributions (NDCs) of Parties will not keep global temperatures below the 1.5 degree goal enshrined in the Paris Agreement.

Heads of Government also expressed concern to be heading to COP 29 where a New Finance Goal will be articulated to replace the 100bn goal, which has not yet been met, even as developing countries require trillions to deal with the escalating impacts of climate change. Developed country parties have not provided enough finance at scale, technology and capacity building support required to help developing countries tackle their pressing needs to build their resilience, especially in adapting to the adverse and increasingly catastrophic impacts of climate change. The clear absence of definitive timelines for action and quantitative commitments for scaling up of investments, and particularly adaptation finance emerging out of COP 28, cause great concern to our Region.

The Conference noted that Small Island Developing States (SIDS), recognized as the most vulnerable group of countries and a special case for sustainable development, have been facing strong push back against the recognition of their special circumstances especially in the context of climate finance. There is limited international support for special allocations for SIDS within financing arrangements and available climate finance from international and private sources is limited, expensive and too onerous to access.

In light of the preceding, Heads of Government called for CARICOM to take a strategic, unified and coordinated approach to ensure that the Region remains influential in the climate and development arena through engagements with key partners and advocacy groups.

They called for renewed focus by the Region to advocate for inclusion of forests, nature-based solutions and blue carbon into market mechanisms with the aim of articulating clear regional positions and strategies.

Heads of Government reiterated the call for improved readiness programmes, simplified approval procedures, a change to the criteria for determining access to low-cost finance, and for the adoption of programmatic approaches to address the bottlenecks in accessing finance.

The Region reiterates its support for the Bridgetown Initiative’s call to expand capital adequacy of international financial institutions.

Heads recognized that the Fourth International Conference on Small Island Developing States, scheduled to be held in Antigua and Barbuda, 27 – 30 May 2024, will be an inflection point for many of these discussions to be articulated. As such, the Region remains committed to participating in the Conference at the highest level.

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