TURKS AND CAICOS GOVERNANCE PRINCIPLES ISSUED

TCI governance principles issued
Published on May 9, 2013

In accordance with the Turks and Caicos Islands Constitution Order 2011 section 28 the Secretary of State has issued a Statement of Governance Principles. This will be published in the Gazette on Friday 10 May.

The text of the statement is below:

TCI: Statement of Governance Principles – April 2013

In the exercise of their functions, all organs of government in the Turks and Caicos Islands have a duty to give effect to the following principles.

1. All Government action shall be taken in a manner designed to safeguard the fundamental rights and freedoms of every person in the Islands, as set out in the Constitution.

2. The government of the Islands should involve the participation of the people. The Government shall serve and take account of the interests of all the people in the Islands. In particular, where consultation is mandated by law, the Governor is required to be assured that the consultation process undertaken by Government was accessible and meaningful before assenting to any outcome following consultation.

3. All ordinances, regulations, policies and actions must be fair, proportionate, and capable of being implemented impartially. In particular, decision making required by law shall be objective, and the granting of discretionary powers shall be limited to those that are necessary for good government.

4. All decisions of government, whether by Ministers, elected representatives or public officials, shall be lawful, rational, proportionate and procedurally fair.

5. The Government shall maintain and publish a broad and long-term perspective on the sustainable development of the Islands, and shall encourage lawful business and economic activity. The Governor may require the Cabinet to produce a development plan for the islands at regular intervals, not longer than every four years.

6. The Government shall take steps to protect the environment in accordance with the Constitution and shall promote the protection thereof.

7. The implementation of government policy by the TCI public service shall be in accordance with the rule of law and internationally accepted standards. The Government shall respect the integrity and impartiality of the Public Service, shall engage with officials only through appropriate channels, and the Public Service shall be protected from partisan interference.

8. All public appointments shall be based on merit, and all public officials shall be treated fairly. All Government and public service officers shall comply with the Code of Conduct for Persons in Public Life.

9. All government bodies shall, in order to build confidence in their operations and effectiveness, be accountable and transparent to the public.

10. Government processes, institutions and information shall be directly accessible and transparent to those concerned with them as provided by law, and enough information provided to understand and monitor them. The Government shall keep and use information in line with applicable law. Decision-makers shall provide written reasons for decisions and advise applicants of their procedural rights.

11. The Government shall cooperate with and support the effective operation and independence of the institutions protecting good governance established by the Constitution and other oversight, regulatory and investigatory institutions.

12. Subject to the Constitutional provisions permitting the preferential treatment of TC Islanders the Government shall act in good faith and a fair manner that is non-discriminatory, for the benefit of all people in the Islands irrespective of race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status. Services shall be made available on an equal basis, free of preference based on family ties, political allegiance, friendship or personal gain.

13. The Government shall at all times respect the rule of law, the independence of the judiciary and the impartial administration of justice.

14. The Government shall comply with international obligations applicable to the Turks and Caicos Islands.

15. The Government shall administer Crown Land and other Government assets in a lawful, transparent and equitable manner.

16. The Government shall manage public finances according to established principles of value for money, affordability, propriety and regularity, and in the interests of securing the sustained long term prosperity of the people of the Islands. In doing so, the Government shall also observe the principles set out in any framework document on public financial management made in accordance with the Constitution.

17. The Government shall ensure that financial decisions are made within the context of a medium-term plan which aims to achieve and sustain an annual budget surplus. The Government shall take action to mitigate fiscal risks, and ensure that liabilities, including debts, are sustainable and fully taken into account when setting and implementing budgets.

18. The Government shall ensure that a budget is approved which secures the effective operation of Government and which is in accordance with all relevant laws and standards.

TREAT TOURISTS LIKE GOLD,SAYS OPPOSITION LEADER IN TURKS AND CAICOS

Treat tourists like gold, says opposition leader
Published on May 10, 2013

“We need to realize what we are doing and look at our visitors as very important, they need to be welcomed and when they encounter a problem we need to treat them like gold,” said opposition leader Sharlene Cartwright Robinson, when she was asked at a recent Peoples Democratic Movement (PDM) press conference on how she felt about the treatment of two departing American tourists, who just one day apart were each found with a single unfired bullet in their luggage.

One, an 80-year-old retired neurosurgeon from Florida, was held in jail with a man accused of murder, where he was fed spicy grits and hot dogs.

“I will never look at a hot dog the same,” Horace Norrell told an American reporter interviewing him.

After spending the weekend in jail, because no judge would stay late on a Friday to hear his bail application, the senior citizen was reunited with his wife, who waited on him in the TCI. He was released on $4,000 bail and returned to the US.

Just one day earlier, a 60-year-old Texas woman, accompanied by her husband, was also found to have a single bullet in her luggage. In the woman’s case, the court remained open and granted her $4,000 dollars.

Meanwhile, neither the premier nor the minister for border control has addressed the issue, which is threatening the territory’s tourism industry. Americans are up in arms and are contacting their government about the incident. Many are reportedly cancelling planned visits to the TCI, some through fear that a similar fate could befall them and others in protest over the treatment of the two US visitors.

TCI Governor Ric Todd has said only that the law must be followed.

It is widely accepted locally that the bullets were planted in the visitors’ bags, but the identity of the perpetrators and their motive remains a mystery. There is, however, some speculation that this is yet another attempt to hold the TCI’s fragile tourism industry hostage to promote a political agenda.

The local tourism industry was directly attacked on two previous occasions by members of the ruling Progressive National Party (PNP) when they shut down the Providenciales international airport, once by a public demonstration that closed down access to the airport and the second by a strike of airport firefighters orchestrated by current Premier Rufus Ewing.

Meanwhile, the fragility of the territory’s principal source of revenue is illustrated by continuing media reports and commentary in the US – especially in the Herald Tribune in Sarasota, Horace Norrell’s home town in Florida.

On Wednesday, columnist Tom Lyons warned potential Turks and Caicos visitors to beware: “Your stay could be much longer than planned, with accommodations well below par.”

“Who knows what police were thinking as they hauled a 60-year-old Texas woman to jail for alleged possession of a bullet that she said she knew nothing about, but even the dimmest police administrator surely could have smelled a rat the next day when a second tourist was found to have exactly one bullet in his luggage, too. Sherlock Holmes has not even a distant relative in the Royal Turks and Caicos Island Police, it seems,” he continued.

“It is hard to imagine the degree of incompetence required when a police administrator or prosecutor is unable to deduce these must be false charges based on planted items designed to appear like evidence of what would be an absurd crime,” he said.

In accurately describing Governor Todd as an appointed career British diplomat, Lyons wrote, “There is no mention of him being a total twit, so it seemed reasonable at first to expect him to be as outraged as the average reader who encounters this story. After all, publicity over this visitor-targeted scam could seriously harm tourism, which is the Turks and Caicos only major industry if you don’t count the enabling of drug smuggling and money laundering.”

Lyons said that Todd has responded to an onslaught of public questions mainly by expressing his determination not to get involved.

“I don’t normally do travel advisories, but in my places-to-go ranking, Turks and Caicos just took a spot not far above North Korea,” Lyons concluded.

Karaman ,Taşkale,Turkey

BRITISH WARSHIP PATROLS BETWEEN TURKS AND CAICOS AND HAITI

British warship patrols between TCI and Haiti
Published on April 30, 2013

Royal Fleet Auxiliary Wave Knight was on patrol in Turks and Caicos Island (TCI) waters on Sunday.

The ship, which is on the UK’s Atlantic Patrol Task (North), in support of the Overseas Territories, patrolled the waters between TCI and Haiti at the request of the Governor’s Office after the recent flurry of attempts to enter the territory illegally.

TCI immigration officials repatriated nearly 300 illegal immigrants earlier this month. The Haitian and TCI governments are working closely to prevent sloops of migrants from even considering leaving Hispaniola.

Wave Knight also passed Salt Cay, Grand Turk and South Caicos on Sunday morning, before looping around North and Middle Caicos and Providenciales in the afternoon.

During her passage south of Salt Cay Wave Knight took the opportunity to observe and gather information on the presence of vessels fishing the Mouchoir Bank.

The Atlantic Patrol Task (North) commitment has one or more UK warships stationed in the Caribbean to provide disaster relief during hurricane season, and to work with other nations to prevent people and drug trafficking. When time permits other tasks are undertaken such as fisheries protection in the waters of the Overseas Territories.

SPECIAL PROSECUTOR HELEN GARLICK ISSUES UPDATE ON CORRUPTION CASE IN TURKS AND CAICOS ISLANDS

HELEN GARLICK ISSUES UPDATE ON SIPT CASES

“The Plea and Directions Hearing in this case has been adjourned to September 16th. I have made it clear that I will not comment on the evidence in this case or on any other issue that is for the court of trial to decide, except that where it is right to do so, I will correct mis statements made in public by other people and will also provide as much information as I can about the proceedings.

“There are currently 10 defendants awaiting trial before the Supreme Court. In May 2012 all of them were sent for trial on all charges by Justice Ramsey Hale. Before a trial date can be fixed there are several preliminary matters that need to be decided by the trial Judge in Plea and Directions Hearings. The prosecution have been ready to conduct a Hearing since July 2012 and all the necessary evidence and written submissions have been served on the accused.

“The reason for the continued delay is that the majority of the accused have applied for and been granted legal aid but have rejected the rates fixed by the Registrar and challenged that decision by applying for Judicial Review. The SIPT had no involvement in the Legal Aid decision, this was a matter between the accused and the Registrar. However, we have been joined to the Judicial Review proceedings as an interested party. The application for judicial review was rejected after a hearing before on 8th November 2012. An appeal was also rejected unanimously by the Court of Appeal on 24th January 2013.

“The accused concerned are now applying for leave to appeal to the Privy Council. That application has not yet been made. If they are refused permission to appeal by the Court of Appeal, they have the right to renew their application directly to the Privy Council and it could therefore be some months before this matter is resolved finally.

“The accused have the right to exhaust all legal avenues of appeal but there should be no misunderstanding that however long it may take, the law must take its course and there will be a trial.

“As to the position of Michael Misick, his claim for political asylum is being dealt with in accordance with Brazilian law and the SIPT and the AG are not parties to that process. The request for his extradition could not be dealt with until the asylum claim was decided. The claim had been refused at first instance but he had lodged an appeal to the Minister for Justice. On Monday 15th April the Minister refused his appeal. I am advised that the extradition process can therefore begin. However there should also be no misunderstanding first that, however long it may take, if Michael Misick is returned to the TCI, he will stand trial and second that in the meantime the trial of his co accused will continue.”

Settlement with Former Minister and Pleading Guilty in Turks and Caicos Corruption Case

“UPDATE ON SIPT CASES
Published Sun TCI on 15th April 2013

The Special Investigation and Prosecution Team (SIPT) on Monday April 15th dropped all criminal charges against Samuel “Sammy” Been after he reached an agreement with them and the Attorney General’s Chambers to give up a portion of his commercial building, the Sammy Been Plaza, on Airport Road, Providenciales. The value of the settlement is approximately $850,000.
Developer Richard Padgett has agreed to plead guilty to various charges including bribery on May 31st, 2013. Because he is medically unfit to travel to the Turks and Caicos Islands, Padgett will make his plea by way of video link from the Central London Court at 10 a.m. on that date.

SIPT Prosecutor Andrew Mitchell, QC, said if Padgett is sentenced to jail, provision will be made the have him serve his prison term in England and Wales.

The SIPT cases which were heard before Mr. Justice Paul Harrison, have been adjourned until September 16th, 2013.”

Attorney General in Turks and Caicos settles with Former Minister in Corruption Case

Attorney general settles with Samuel Been, prosecution discontinued
Published on April 16, 2013

Attorney General Huw Shepheard said on Monday that he has agreed to settle civil recovery proceedings brought against Samuel Been, one of the defendants facing criminal charges as part of the inquiries pursued by the special investigation and prosecution team (SIPT).

Samuel Been
“At the same time criminal proceedings against him for an offence of conspiracy to defraud and acquiring the proceeds of criminal conduct, contrary to s29 Proceeds of Crime Ordinance 1998 will be discontinued,” Shepheard said in a statement.

The settlement will result in the transfer to the TCI government of property owned by Been at Sammy Been Plaza, Providenciales, valued at $825,000, he added.

Been is the former husband of Lillian Boyce, a former minister in the previous Progressive National Party (PNP) government, who has also been charged with criminal offences in relation to government corruption.

It had recently been rumoured locally that Been would escape prosecution by agreeing to give evidence against his co-defendants.

Turks and Caicos Premier Dr.Rufus Ewing is Next Week in Trinidad Tobago

Turks and Caicos premier to lead delegation to sustainable tourism conference
Published on April 11, 2013

BRIDGETOWN, Barbados — The premier of the Turks and Caicos Islands (TCI), Dr Rufus Ewing, will lead a three-member delegation to the Caribbean Tourism Organization (CTO)’s 14th annual Sustainable Tourism Conference (STC-14), which opens in the Trinidad and Tobago capital, Port of Spain, next week.

This will be Ewing’s first CTO event since he was elected premier last November, and since he took the tourism portfolio late last month as part of a cabinet reshuffle.

In addition to attending the various sessions, the TCI premier will make a presentation on how the Turks and Caicos Islands and small developing states can continue to advance destination sustainability in the context of the ongoing economic downturn and with limited resources.

“Rest assured that the Turks and Caicos Islands has a great presentation to make in this regard based on our experiences over the past five years,” Ewing said.

The TCI hosted the 10th Sustainable Tourism Conference (STC-10) in 2008 and, at STC-11 in 2010, reported progress in a number of important areas.

Ewing will be joined by the head of the secretariat in the Office of the Premier, Ronlee James, and Brian Been, the senior product development officer at the Turks and Caicos Islands Tourist Board. Been is the deputy chairman of the CTO’s Sustainable Tourism Technical Committee.

STC-14 begins with an official opening ceremony on Monday, 15 April in Port of Spain. Prime Minister Kamla Persaud Bissessar is scheduled to address the opening, with Carlos Vogeler, the World Tourism Organization (UNWTO)’s point man in the Americas, down to deliver the keynote address.

Themed, “Keeping the Right Balance: Enhancing Destination Sustainability Through Products, Partnerships and Profitability,” the conference will explore ways the Caribbean can enhance destination sustainability and competitiveness in the current global environment by examining a number of critical issues.

Press Statement from Premier Dr.Rufus Ewing regarding Shooting Incident

PREMIER HON DR. RUFUS EWING’S STATEMENT ON GRACE BAY SHOOTING INCIDENT

There has been much discussion in the media and amongst residents concerning a recent firearm incident and the Minister of Immigration and Labour, Hon. Ricardo Don Hue Gardiner.

I wish to inform the public that a thorough investigation is ongoing to ascertain the realities of the incident and the extent of the involvement of the Honorable Minister, if any. The Office of the Premier is currently awaiting such official reports of the incident from the Commissioner of Police and the Office of the Director of Public Prosecution.

In the meantime it has been rumoured that the Honorable Minister of Immigration and Labour has been fired and/or has resigned from his post. Such rumours are false as the Minister has not tendered his resignation nor has the Premier asked for it to be tendered. We live in a country that must be governed by the rule of law and justice, and as such it is inappropriate for me to harbour any such requests before the investigations have been completed and recommendations have been made in the interest of Good Governance.

I must however reiterate my view which is that persons in public life, including members of Cabinet and of the legislative and Judicial arms of government, should conduct themselves throughout, in a manner that is befitting of the offices that they hold.

Letting The Turks and Caicos Islands Slip Away

Letting the Turks and Caicos Islands slip away

Gord Henderson, The Windsor Star
| Apr 06, 2013 | Last Updated: Apr 06, 2013
Canadians, proud but perennially shivering occupants of the Great Northern Meat Locker, must have been suffering from chilblains of the brain when we chose to look the other way while an opportunity to claim a hot and juicy slice of paradise was dangled under our drippy noses.

It boggles the mind, seeing the Turks and Caicos Islands for the first time from the window of a Brazilian-built Air Canada jet, looking down on a riot of blues, greens, turquoises and pastels, to think we let this 40-island splash of sand, sun and serenity in the Atlantic south of the Bahamas slip away when it coveted an intimate relationship with Canada that could have included vows of marriage.

Seriously? We let this suitor go without even trying? In nixing an engagement with TCI, as the locals call it, we doomed ourselves as a polar nation to forever being the polite paying guests in someone else’s tropical retreat because we lacked the chutzpah to seal the deal on our own place in the sun.

A lot of folks have never heard of the British Overseas Territory known as Turks and Caicos Islands. That might explain why mail bound for island businesses sometimes ends up in Istanbul, Turkey. But for Canadians who enjoy a bit of history, the tiny island chain, population a mere 32,000, is a curious case of what might have been if only an unassuming Canada had been willing to extend its reach beyond the 10 provinces and three northern territories.

Canada did have visionaries who saw the possibilities. Sir Robert Borden, the PM on our $100 bill, tried to persuade Great Britain at the end of the First World War to place some of its Western Hemisphere possessions, including the Turks and Caicos Islands, in Canada’s loving care. His proposal was given the brush-off by British prime minister Lloyd George at the 1919 Paris Peace Conference where triumphant global powers were busy sowing the seeds for the next world war.

And then there was Max. In 1974 Max Saltsman, an RCAF veteran and New Democratic MP for the Waterloo region, introduced a private member’s bill calling for Canada to annex a more than willing Turks and Caicos Islands.

His proposal, sadly, never made it to a vote. Critics dismissed it as a hare-brained idea, inconsistent with Canada’s high-minded stand against colonialism during the Pierre Trudeau years – even with as many as 90 per cent of islanders in favour of some kind of association with Canada. Fears were also expressed that the island chain, as Canadian territory, could become an open door for illegal immigration from the Caribbean. Other federal politicians took up the cause over the years. And yet it never goes beyond chatter.

Some would say that’s a good thing, given the difficulties the Turks and Caicos has faced in recent years. A longtime sleepy backwater, it experienced dazzling growth in the early 2000s, especially on the main island of Providenciales which became a leading destination for jet-setters and celebrities, creating a construction boom in upscale hotel/condo towers, shops and restaurants. The place looks more like South Florida than the Caribbean.

That’s history. The boom came to a screeching halt with the Great Recession and the end of good times and easy money. The cranes are gone, along with thousands of imported construction workers. The business headlines say it all. The Economist: “Paradise Interrupted.” The Independent: “An Economic Free-for-all that veiled a culture of corruption.” And this from the Caribbean Centre for Money and Finance: “Turks and Caicos Economy in Meltdown – Paradise Suspended.”

In 2009, appalled by reports of massive government corruption, the British government reasserted direct control over the essentially bankrupt colony and has been footing the bill for basic government services while it tries to have the former premier extradited from Brazil to face corruption charges.

In other words, it’s a right royal mess. Not that your average visitor would notice. Tourists continue to pour in, enticed by 350 days of warm sunshine annually and by 12 km of glittering white sand on Grace Bay, repeatedly listed as the world’s best beach. The island is too rocky and arid to be pretty. But the beaches, reefs and restaurants? In a league of their own.

Here’s the strange thing. Canada, officially, has never climbed in bed with Turks and Caicos. On the ground, it’s a different story. A Canadian company provides the power. The hospital is Canadian operated. The two most senior police officials (on loan) are former RCMP officers. Canadians own and operate hotels, restaurants and recreation and adventure companies. The head of the real estate board is a Canadian.

It doesn’t show on a map. There are no boasting rights. But we’ve slipped in and quietly made ourselves right at home. I suppose that’s the Canadian way.

g_henderson61@yahoo.ca