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TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

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#TurksandCaicos – April 30, 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:

  1. mandatory vaccination as a condition to obtain a work permit (both new and renewal).
  2. mandatory weekly testing of public facing public servants who decide not to be vaccinated.
  3. 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.

Media Statement provided by the Human Rights Commission of the Turks and Caicos Islands

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Bankers’ Association President Samuels Finds Residents Hungry for Housing Financing at policy launch

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Dana Malcolm

Staff writer

 

 

#TurksandCaicos, August 11, 2023 – Despite the Government’s attempt to create more affordable housing for residents with the creation of the new Housing Policy, many say they left the launch feeling less hopeful than they went in.

After the event, one resident expressed it was time to speed up a government-operated mortgage scheme, and those inside the launch event had a similar lack of faith in their ability to secure bank-backed mortgages.

Marcus Samuels, Head of the Banking Association, was hit with questions about how the Association would seek to help residents secure mortgages to purchase these new government homes, considering how difficult residents on both sides of the employment spectrum (private and public)  found it to get approval for loans.

The pre-prepared question was met with applause from the ample audience who had gathered to hear about the programs.

“Homeownership isn’t rocket science, ” Samuels said, stressing that once residents came prepared with knowledge about their own paychecks and the size of the loan they could be offered they had a good chance of success.

Necessary information included:

  • Level of income
  • Level of previous debt

He also said the cost of housing could be lowered for buyers if the Government decided to decrease or forgo their taxes.

“There are some fees that we genuinely cannot move, like the Government stamp duties, which is usually one percent on the transaction.  Thankfully, the Premier is here— the ball is in his court.”

Zhavargo Jolly, Event Moderator, fielded concerns shared by residents, including that the proposed cost of homes in the example (just over $ 200,000) was lower than the usual market value in the country.

There was also a concern that the mortgages seemed geared toward double-income homes, which was not the case for all residents, alienating single mothers, fathers, and other single-income earners.

While Samuels came prepared with calculations for a hypothetical $230,000 home that he said proved residents could be able to own a home with a down payment as low as $12,500 the audience was unconvinced.  When he questioned them about whether residents believed they could afford a home after laying down the calculations the answer was still a resounding ‘no’.

Following the event, Bishop Coleta Williams, Chaplain to the House of Assembly, also spoke on the programs expressing concern that residents would be paying back the loans for years to come.

Residents, in the comments of the live video which was carried on Facebook, expressed being disappointed that more representatives from the Banking Association weren’t present at the meeting when arguably one of the biggest roadblocks to housing is financing.

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New data reveals Housing pitfalls, government reveals detailed plan to fix it 

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Dana Malcolm 

Staff Writer 

 

 

#TurksandCaicos, August 11, 2023 – Many Turks and Caicos Islanders are spending unsustainable amounts of money on housing, according to data gathered by the Housing Department via the National Housing Needs Survey, emphasizing the need for affordable homes.

Dominique Durham, Deputy Permanent Secretary of Physical Planning and Infrastructure Development

“Respondents of that Survey provided that the majority of households spend more than 50 percent of their income on housing expenses.  Now, as a rule of thumb, especially in America, if you spend more than 30 percent of your income on housing, it is deemed not affordable,” Dominique Durham, Deputy Permanent Secretary of Physical Planning and Infrastructure Development, revealed.

He shared other significant data collected that showed the dire state of the housing market locally, including that nearly a quarter of residents live in damaged homes.

“It also revealed that 21 percent [of respondents] are living in homes in need of repair and 69 percent are looking to purchase a new home within the next five years,” Durham said.

Despite the intent to buy a home, the survey also revealed that many Turks and Caicos residents thought the housing market needed more affordable options for them to be able to bring that dream to fruition.

The majority of residents (32 percent) voted for the Government to create more options for affordable housing when asked what would best improve their housing needs.

Other popular suggestions included:

  • Creating Government housing loan programs (25 percent)
  • Housing subsidies (15 percent)
  • Home improvement/refurbishment programs  (11 percent)

All of those suggestions voted on by residents have made their way into the Housing Policy as either short-term or long-term programs.

Jamell Robinson, Minister of Physical Planning and Infrastructure Development

“Long-term projects include inclusionary zoning, large-scale housing through public-private partnerships, and eventually, we will be establishing a National Housing Authority and Trust whereby we hope to lend at affordable interest rates.  We also are looking to roll out help-to-buy schemes in the near future as we appreciate that an issue is also access to financing,” he said.

The Government is aiming to use these suggestions, voted on by residents, to fix the gaping hole in the market, but even with these new programs, there’s one thing residents say they need to purchase homes– better pay.

Jamell Robinson, Minister of Physical Planning and Infrastructure Development, was hit with the question of whether the Government would start to pay residents more so they could have more cash to afford housing.

The minister said step one was increasing public cash flow (with a pay and grade review for the public service now being conducted), and step two was upskilling all individuals to make them more marketable in the private sector.

“Our Job– is to ensure that our citizens as Turks and Caicos islanders can add value to themselves so they can participate more in the open market, and one of those ways is by making the community college free so you can access higher education– in a free open market which we have here, it’s hard to dictate to the private sector what they can pay a specific individual so we want to grow our individuals to make sure that they can level up,” he explained.

The Housing Policy launched on July 27th in Providenciales.

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News

Blue Hills Member blasted, Randy Howell in hot seat after crime mars weekend

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Dana Malcolm 

Staff Writer 

 

 

#TurksandCaicos, August 11, 2023 – Another Member of Parliament in the Turks and Caicos Islands is being called on to communicate more after a shooting in Blue Hills over the weekend, injuring two people.  Randy Howell, MP to Blue Hills released a newsletter to his constituents on August 6th regarding the incident from two days prior.

The statement, eventually shared on social media, was met with frustration from the residents.

Though comments were few, many expressed frustration at his silence over the past two and a half years since winning the seat.

All the crimes took place since the PNP gain government you never said a word NOW YOU COMING OUT TALKING GARBAGE!!!” said one particularly heated resident.

Another resident was concerned that the statement took so long to be delivered, a full two days after the shooting in which at least ‘49 rounds’ were fired into the community.

“A few days late…,” they said.

Others were critical of the lack of opportunities for young men and reminded Howell of his slim margin of victory.

“Well they [weren’t] encouraging the young people to join the police Department so they will find whatever jobs they find easier to get money to buy guns and hard drugs,” a resident expressed.

“The people of the affected area [are] still waiting on your promises and visit, just remember 333 to 318 you only won by 15 votes,” said another.

Howell, for his part, denounced the violence which he said left the community disoriented.  He also thanked the police for their own work but called for them to move more quickly.

“We note, however, that the residents affected would have desired a shorter response time.  I have done previously and will continue to advocate for the return of an outpost/station in the Blue Hills settlement that would provide prompt service to both High-Rock and Wheeland and that will narrow the response gap that we now endure,” he maintained.

Overall reception to the message via Facebook was poor with residents expressing disbelief and disappointment in the situation.

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