News

TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

Published

3 years ago

May 3, 2021

#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:

mandatory vaccination as a condition to obtain a work permit (both new and renewal).
mandatory weekly testing of public facing public servants who decide not to be vaccinated.
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

Related Topics:#magneticmedianews #mandatoryvaccination #tcihumanrightscommission

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Freeport Business Expo to connect Grand Bahama businesses and entrepreneurs to expert resources

Published

11 hours ago

April 27, 2024

Deandrea Hamilton

Grand Bahama Port Authority, Limited

April 29, 2024 – Freeport, The Bahamas – In line with its mission to create a stronger, more connected Freeport economy, the Grand Bahama Port Authority, Limited (GBPA) is pleased to share details of the upcoming Freeport Business Expo: Tourism Edition, taking place on Thursday, May 2, 2024 at the Grand Lucayan Convention Center in Grand Bahama.

“As the GBPA continues its work to attract investors to Freeport, we offer this showcase of local and international businesses offering services and opportunities to potential and existing licensees,” stated Ian Rolle, GBPA President. “This Expo will not only connect unique international service providers with Bahamian entrepreneurs aiming to introduce new tourist attractions, but also bring together financing institutions to support Bahamian-owned start-ups and existing businesses in the industry.”

The emphasis on tourism at the 2024 Expo ensures that those in tourism-focused businesses are certain to benefit. The event will offer opportunities to meet potential business partners, gain insight on financial opportunities, engage with leaders in workshops and one-on-one sessions, and get answers on starting a Freeport business and obtaining a GBPA license.

“We regularly host community business expos,” said Glendia Sweeting, Manager of Quality Assurance and Special Projects. “But we recognize the significant benefit of an expo focused on enhancing tourism business offerings through connecting international service providers and Bahamian entrepreneurs. We have more than thirty local and national exhibitors taking part on May 2^nd, along with several international service providers.”

Multiple investment projects currently in progress and planned in the city of Freeport is creating anticipation for existing and potential entrepreneurs and this expo is geared towards preparing them for these opportunities. “Grand Bahama is going to experience a significant growth spurt in the next one to three years. I would strongly encourage everybody who wants to get involved in business to look at Grand Bahama as one of the top choices, especially over the next three years,” said Mr. Rolle.

The Expo opens on Wednesday, May 1^st with a welcome reception from 6:00 p.m. to 8:00 p.m. A full day of learning and networking opportunities follows on Thursday, May 2^nd. GBPA’s partners in the Freeport Business Expo include:

Grand Bahama Island Promotion Board
Ministry for Grand Bahama
Grand Bahama Chamber of Commerce
Ministry of Tourism
Bahamas Immigration
Bahamas Customs
Five Star Shipping Company
Viva Wyndham Fortuna
Bahamas Air
Grand Lucayan Hotel

Registration for access to the Expo’s exhibitors is free, and all-access passes are available for purchase. Event details and registration information may be found at freeportbusinessexpo.com.

Bahamas News

Sister Province/Island Relationship Agreement Signed between Grand Bahama Island and Hunan Province

Published

2 days ago

April 25, 2024

Deandrea Hamilton

By LLONELLA GILBERT
Bahamas Information Services

NASSAU, The Bahamas — A significant milestone was made in the development of bilateral relations between the Governments of The Bahamas and the People’s Republic of China by the signing of the Sister Province/Island Relationship Agreement between Grand Bahama Island and Hunan Province.

The signing took place at the Ministry of Foreign Affairs on Tuesday, April 23, 2024. The Hon. Ginger Moxey, Minister for Grand Bahama; the Hon. Dr. Michael Darville, Minister of Health and Wellness; Kingsley Smith, Parliamentary Secretary in the Ministry for Grand Bahama and Joel Lewis, Permanent Secretary in the Ministry for Grand Bahama represented The Bahamas at the signing.

His Excellency Mao Weiming, Governor of Hunan Provincial People’s Government; Qu Hai, Secretary General of Hunan Provincial People’s Government; Cui Wei, Charge d’Affaires, Embassy of the People’s Republic of China; and Yang Peiran, Interpreter represented the People’s Republic of China.

Minister Moxey explained that in February 2022, she and the former Chinese Ambassador to The Bahamas, Her Excellency Dai Qingli began discussion on the establishment of a province-island relationship between Hunan Province and Grand Bahama Island because of their “immense synergy”.

“Hunan has a vibrant creative industry and its capital city, Changsha is known as the entertainment capital of China, whilst Grand Bahama is poised to become the home of entertainment in ‘Our Bluepoint for Change’.”

She said Hunan Province boasts 11 industrial sectors and Grand Bahama is the industrial capital of The Bahamas. Further, innovation driven development has been a new driving force for Hunan, while Grand Bahama is poised to become the home of innovation for The Bahamas.

Minister Moxey said she is confident that an exchange of knowledge, ideas and culture will happen between the residents of Hunan Province and Grand Bahama.

“There is potential for robust trade in various sectors, opportunities for tourism promotion and intercultural appreciation, exchanges to support performing arts programs on our island, foster growth within the Orange Economy, and tap into China’s innovation, technology and vast expertise.”

She said that the formal signing aligns with the mission of Sister Cities International, which is to promote peace through mutual respect, understanding and cooperation, one community at a time.

The Minister said, “Through collaborative programs and initiatives, this connection will support the government’s vision to diversity Grand Bahama’s economy to become the Home of Maritime and Logistics, Home of Events and Entertainment and Home of Innovation.”

She noted that in addition to signing the agreement, she looks forward to Grand Bahama residents benefitting from the signing of the Cooperation Memorandum of Understanding between Central South University and University of The Bahamas (UB), which will expand educational and technical cooperation between the two universities. The northern campus of UB is located in Grand Bahama.

His Excellency Mao Weiming said although geographically far apart, China and The Bahamas are friends with mutual respect and understanding as well as sincerity.

He explained that 27 years ago, both countries established diplomatic relations and China and The Bahamas have deepened their cooperation, strengthened their friendship and carried out many activities in the field of economy, trade and people-to-people exchange.

His Excellency recalled that in August 2022, he and Prime Minister and the Minister of Finance the Hon. Philip Davis had a video conference where they both reached a consensus to cooperate in order to usher a new chapter in the relationship between Hunan and The Bahamas.

“Today, we are here to sign a sister-to-sister relationship between Hunan and Grand Bahama. It is [a] concrete move to implement our consensus reached before and also to embark on a new journey of friendly exchanges.”

He added, “By establishing the relationship of sister cities, I believe the two sides will develop further in terms of economic and trade cooperation, people to people exchange, as well as friendship, and we will embrace new opportunities and deliver concrete benefits for the two peoples.”

He explained that Hunan, which is the home town of Chairman Mao, the founder of the People’s Republic of China, has developed very advanced industries of manufacturing, agriculture, education, culture as well as tourism.

His Excellency said he believes that Hunan and Grand Bahama enjoy very broad room for cooperation.

He said, “More efforts should be made to conduct cooperation in the fields of agriculture, tourism, culture, education and the film industry so as to realize a connectivity between our two sides in terms of logistics and the platform cooperation; so as to deliver concrete benefits for the people and to make our due contribution to the bilateral relationship between China and The Bahamas.”

PHOTO CAPTION

A significant milestone was made in the development of bilateral relations between the Governments of The Bahamas and the People’s Republic of China by the signing of the Sister Province/Island Relationship Agreement between Grand Bahama Island and Hunan Province. The signing took place at the Ministry of Foreign Affairs on Tuesday, April 23, 2024. Shown from left: Qu Hai, Secretary General of Hunan Provincial People’s Government; Cui Wei, Charge d’Affaires, Embassy of the People’s Republic of China; Yang Peiran, Interpreter H.E. Mao Weiming, Governor of Hunan Provincial People’s Government; the Hon. Ginger Moxey, Minister for Grand Bahama; the Hon. Dr. Michael Darville, Minister of Health and Wellness; Kingsley Smith, Parliamentary Secretary in the Ministry for Grand Bahama and Joel Lewis, Permanent Secretary in the Ministry for Grand Bahama.

(BIS Photos/Anthon Thompson)

Bahamas News

Nassau Cruise Port Donates Nearly $2 Million Towards Food Security

Published

2 days ago

April 25, 2024

Deandrea Hamilton

Nassau, Bahamas: The Nassau Cruise Port has donated $1.95 million towards projects that will assist the Ministry of Agriculture and Marine Resources in its aim to increase food security for The Bahamas.

The donation officially occurred at the Ministry’s offices recently, where Minister of Agriculture and Marine Resources Hon. Jomo Campbell, Minister of Labour Hon. Pia Glover-Rolle, Permanent Secretary Neil Campbell and Nassau Cruise Port CEO Mike Maura listened to a number of presentations including one for a poultry programme for schools, a chicken broiler production programme, the redevelopment of the Blue Hill Road Farmers Market and an Authentic Bahamian Cultural Concept Store,

Mr. Maura said he was impressed by the presentations.

“I had the privilege to listen to the presentations and review presentations that touched on food security and the need for us to be self-sufficient, which as a Bahamian I support completely. At the Nassau Cruise Port, we get excited about the prospects of offering more authentic food to the millions of visitors that we have each year,” he said.

“And then, in addition to that, we had presentations around the further development of our artisans, which is so important to us as well. The guests visiting our shores are looking for something that really touches The Bahamas and can’t be found somewhere else. The Nassau Cruise Port has made a pledge to BAIC and its affiliates. We will be supporting the projects that were presented and we can’t wait to get started.”

Minister Glover-Rolle, who is also the Member of Parliament for Golden Gates, hailed Nassau Cruise Port as a “great community partner.”

“Thank you for the opportunity to not only present but agreeing to participate. Our Minister of Agriculture has a goal of reducing food imports by 25 percent by the year 2025 and our project in the Golden Gates Community speaks to that,” she said.

“We have a number of backyard farmers, farmers and fishers in our community in Golden Gates. Being able to use the Blue Hill Road Farmers Market, which is going to be dubbed the ‘Fish Fry of the South,’ as a hub for food security but also a hub where artisans and handicraft persons can come and sell their wares is wonderful. So, we are happy that you have agreed to partner with us and we look forward to a partnership and we hope to welcome some of your visitors when this amazing renovation is done.”

Minister Campbell also lauded the Nassau Cruise Port for its efforts.

“I would like to say thank you to the presenters for the presentations that are several steps in the right direction for our country, to Mr. Maura and his board at the Nassau Cruise Port and I would like to say thanks to God for this partnership and bringing us all together as we move forward, upward, together in building a better, brighter, future for The Bahamas,” he said.