Elections Office Guidance on Dual Citizenship in the TCI
The following guidance is issued on Dual Citizenship and disqualification under the Constitution sent to us by the Elections office.
Section 49(1)(a) of the Constitution provides as follows –
"No person shall be qualified to be an elected member of the House of Assembly who, on the date of hi or her nomination for election –
(a) Is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to any foreign power or state; ..."
It is a matter for any prospective candidate to be satisfied as to his or her qualification for nomination to be an elected member of the House of Assembly and that he or she is not otherwise disqualified in accordance with the provisions of the Constitution and the Elections Ordinance. A process for this is provided in the Constitution and the Elections Ordinance.
In response to queries in the run up to the general elections in 2012, the then Attorney General expressed a view as to whether a person with dual citizenship was qualified to be an elected member of the House of Assembly if he or she had applied for a passport from a foreign country.
In October 2012, the then Attorney General expressed the following view which was widely publicized in the local newspapers and you issued guidance accordingly –
"What s.49 means is that a person with dual citizenship cannot be a member of the House of Assembly if he or she has applied for a passport from the country outside the TCI of which he or she is also a citizen. Applying for a passport would be an act by that person that acknowledged "allegiance, obedience or adherence" to a foreign power or state.
If that person's parents had obtained a passport from the foreign state for the person while he/she was still a minor, there would be no disqualification unless the minor had, once he/she became an adult, renewed that passport."
The then Attorney General expressed that view in heavy reliance on the UK case of Joyce v DPP [1946] AC 347. Thereafter, some prospective candidates renounced their citizenship in foreign states as a precaution rather than being challenged as not being qualified following their nominations.
The key point in the Joyce case was that Joyce obtained a British passport by falsely stating he was a British subject. He was not. But having obtained a British passport it was held by the court in the UK that he owed allegiance to the British Crown while that passport was valid, notwithstanding that he had no British nationality. Thus, the possession of that passport was the only basis for his allegiance. There were public policy considerations at play in that case relevant to the law of treason. It is arguable that Joyce would therefore be good authority to disqualify a person who did not have the nationality of a foreign State but applied for and obtained a passport from that State.
It is arguable that the Joyce case is not good authority for disqualifying a person who has the nationality of a foreign State by operation of the law of that State on the basis of their birth in that foreign state (and thus not "by virtue of his own act") and who obtains a passport as evidence of that nationality. The allegiance which such a person owes to the foreign State derives from his nationality, the possession of a passport evidencing that nationality being merely incidental. The application for a passport cannot add a new "allegiance", because the allegiance already exists.
Since then, this issue was considered in the Supreme Court of the Turks and Caicos Islands by Ramsay Hale CJ in the case of Selver v Smith, Missick and Others (Petition No. CL 237/12, written judgment delivered on 9th January 2013) where she decided that the acquisition of foreign citizenship of the United States by naturalization (as opposed to by birth and which had not been renounced by nomination day) is a disqualification. It also appears that the Chief Justice accepted the proposition from a US expert, (which she was entitled to do) who did not cite any authority to support his opinion that the mere use of the passport effectively placed the subject under an acknowledgement of allegiance to the United States. That decision was heavily influenced by the Jamaican case of Vaz v Dabdoub (unreported Claim No. 2007 HCV 03921 delivered on April 11 2008; CA 45/2008 and CA 47/2008, written judgment delivered on March 13 2009). The decision in Vaz v Dabdoub relied on Joyce v DPP.
Since then, the issue arose again in another British Overseas Territory of the Cayman Islands in the case of Hewitt v Rivers and Others ( Cause No. 198 of 2013, written judgment delivered on August 9 2013) and was considered in a lengthy review of the historical origins of such provisions and the relevant case law in the UK, the Commonwealth and the Caribbean, including the Joyce case and the 2013 Selver case in the Turks and Caicos Islands. US law experts also gave evidence in the Hewitt case and cited US settled case law in support of their opinions.
The Hewitt case, in distinguishing the Vaz case and the Joyce case established clear authority for the proposition that if an Islander is born in a country outside of the Turks and Caicos Islands, which bestowed on him or her at birth the nationality of that country (e.g. the United States or the Bahamas) she or he would not be disqualified from being nominated to be an elected member of the House of Assembly by virtue of the fact that she or he had applied for renewal of his or her passport after she or he reached the age of 18 years.
Smellie CJ made clear in his very full judgment that a passport is only evidence of a nationality. It is not in itself a pledge of allegiance to a foreign power. Such a person would only be evidencing a nationality that she or he already had through the act of his or her parents in allowing him or her to be born there, and merely obtaining a new passport would not amount to an acknowledgement of allegiance by the person concerned.
The Hewitt case is also authority for the proposition that an Islander who obtains a foreign citizenship other than by operation of law through birth, such as through naturalization or comes under an acknowledgement of allegiance to a foreign power or state through taking an oath, service in their armed forces, other public office in that foreign state requiring such an oath.
The Hewitt judgment was held in November 2013 to be final by the Cayman Islands Court of Appeal, which included the President of the Court of Appeal in the Turks and Caicos Islands, Mottley JA.
On the basis of this latter judgment, I am of the opinion that an Islander who is also a citizen of a foreign state, having not acquired that citizenship, by virtue of his or her own act and merely having acquired that foreign citizenship through birth alone would not be disqualified under section 49(1)(a) of the Constitution, even in circumstances where such a person has applied for or renewed a passport of that foreign state. However, were an Islander has acquired citizenship through naturalization or has acknowledged allegiance to a foreign power or state through naturalization or taking an oath, service in foreign armed forces or through some other act and has not renounced that citizenship or renounced that allegiance, such a person would be disqualified under section 49(1(a) of the Constitution.
Regards,
Lister Dudley Lewis
Supervisor of Elections
Volkswagen plans 30,000 job cuts worldwide
Volkswagen has announced plans to cut 30,000 jobs worldwide with about 23,000 of the losses borne in Germany.
VW, still dealing with the aftermath of the emissions-cheating scandal, aims to rejuvenate its core brand, and develop new electric and self-driving cars.
VW says it will create 9,000 jobs as part of investments in new products.
The cuts should bring annual savings of €3.7bn (£3.2bn; $3.92bn) by 2020. VW and unions have been hammering out a plan to revive its fortunes since June.
Volkswagen chief executive, Matthias Mueller, said it was "the biggest modernisation programme in the history of the group's core brand".
"The VW brand needs a real shake-up and that is exactly what the future pact has turned out to be," he added.
The car giant - which employs 610,000 people in 31 countries - wants to increase the brand's profit margin from 2% to 4% and to do this it will need to improve productivity at its German plants by 25%.
It has 120,000 workers in Germany so the cuts represent a fifth of employees in its heartland.
Volkswagen has pledged there will be no compulsory redundancies and the top staff representative in Germany, Bernd Osterloh, said the new models would be built there: "The next generation of electric vehicles will be made here in Germany, not abroad."
Source-BBC
DDME Host GIS for Secondary School Students in Providenciales
The DDME will observe for the first time in Turks and Caicos Islands, Geographic Information Systems (GIS) Day on Wednesday, 16th November 2016, at the DDME Conference Room, 1316 Customs Complex, Off Leeward Highway, Providenciales from 9:00am to 2:00pm. The media is encouraged to attend.
Geographic Information Systems or GIS Day is an international event that celebrates and recognize the innovative ways in which GIS technologies are used to provide increased efficiency and the delivery of critical services to citizens by government agencies and private corporations. This technology is employed to address problems and challenges in many critical areas including emergency response, environmental protection, health care, public works, zoning and land use, business site selection and many other areas.
In the TCI, students and teachers from the High Schools in Providenciales will be visiting DDME; which will be transformed into an interactive geography zone for a day of hands on learning. Activities are designed to show students practical applications for GIS and will feature displays by businesses that employ GIS in their daily operations. Businesses that will be featured at this event include: Fortis TCI, Provo Water Company, Department of Environment and Coastal Resources (DECR) and Survey & Mapping Department.
By observing GIS Day in Turks & Caicos, students will learn how the geography that they are learning in school and new technology can work together to save lives, monitor hazards and benefit society. It is DDME's objective to get students excited and open their eyes and mind to the possibilities of careers involving geography, disaster management and other areas in emergency response.
TCI RECOGNIZES World Diabetic Day
Monday November 14th the world observes World Diabetes Day. This year's theme is "Eye on Diabetes" and is as timely as any point of focus on this non communicable chronic disease. It is noted worldwide that half of the people who are living with diabetes remain untested and undiagnosed. This would mean that in any one place the number of people who have been screened and are aware of their condition represent only half of the community who are actually living with diabetes. This is a dangerous figure generally, yet when put in the context of our society it paints an even grimmer picture.
Diabetes is basically of two types, namely type one and type two. Type one occurs in less than ten percent of people diagnosed and sets in early in life, often in children or teens. Type two is the more prevalent and happens during adulthood. The body either doesn't have enough insulin produced or is unable to use it effectively. Insulin regulates our blood sugar levels and keeps our body's internal environment at a balanced level so we function without damaging our cells.
Our numbers currently show that we have diagnosed some 1506 people living with diabetes. Yet according to the calculation made before it means that we are actually looking at numbers closer to 3012. Due to the nature of diabetes which maintains either abnormally high or abnormally low blood sugar levels, there is tissue damage which takes place that changes one's life in a very permanent way. Many who are diabetic experience partial or complete loss of vision, loss of limps, liver and even kidney damage. The longer it takes to diagnose the condition the longer we can have damage done to our bodies that may be irreversible.
Our goal must be to keep an eye on diabetes by taking the steps we know that will diagnose early, help those diagnosed to treat with the condition effectively and effectively manage once a plan has been developed. For those who believe that it's inevitable because they have had a family history of it, we urge even greater vigilance. Though there are links to hereditary factors that point to likelihood, it's not an absolute and inevitable condition. With proper screening to detect, proper diet to keep our health in check and maintenance of exercise and good activity levels we can avoid, or stave off diabetes for a long time.
Join with us as we observe world diabetes day and keep the focus on keeping our community well taken care of. Let's live a healthier lifestyle that keeps the ability to avoid this debilitating condition or treat with it once detected early well within our grasp. Encourage family members and friends to stay vigilant and supportive as we keep an eye on diabetes.
TCI REMEMBRANCE DAY EVENTS SUNDAY 13th NOVEMBER 2015
The Turks and Caicos Islands will commemorate Allied, Commonwealth and British personnel who fought in the two world wars of the 20th Century and in subsequent conflicts, on Remembrance Day on Sunday, 13 November 2016.
His Excellency the Governor, Dr. John Freeman, will place a wreath at the War Memorials on Grand Turk and the Deputy Governor will lay a wreath at the War Memorial on Providenciales.
The Grand Turk Remembrance Day Service will be held at St. Mary’s Pro-Cathedral, Front Street, at 9:45am. Immediately following the service all uniform groups will attend the Ecumenical Service at Revival Faith Center – The Potters House.
The Providenciales Remembrance Day Service will be held at St. Monica’s Anglican Church, Leeward Highway, Providenciales, at 12:30 pm.
Other participating organizations that will also lay wreaths at each service include: the Hon. Premier; the Leader of the Opposition; TCI Ex-Serviceman Legion; the Commissioner of Police; TCIG Medical Department; the Scouts, Guides and Brownies; Rotary International; Soroptimists International and the Red Cross.
Reflecting on Remembrance Day the Governor said: 'Remembrance Day is a time for reflection. A time to recall with deep gratitude the sacrifices made by others on our behalf. A time for quiet prayer and thanksgiving.'
PDM on its Kick Off Campaign
The PDM is excited about the reception of its message rolled out around the Turks and Caicos Islands in its Kick Off Rallies and other events.
Last week, we were more than pleased with the attendance, spirit and responses at and to our 3 major Kick Off Rallies on Providenciales, North Caicos and Grand Turk.
"Our people are ready for change and it is evident that they are committed to achieving that on December 15, 2016. They have also welcomed the PDM's effort to lift the campaign from the doldrums and to keep their content issues related and centered. We promised the people of this country that we will share how we intend to uplift their spirits and to show them how we will improve their lives from day one. We are excited about our Team and our Message and Plans and this excitement has been buzzing up and down the length and breadth of the Turks and Caics Islands. There is more to come and our people are listening to the plans and listening to the agents for change because we are the superior team with superior plans. We will continue to keep issues centered and will condemn any other actions," says Party Leader, Hon Sharlene Cartwright Robinson.
Party Leader continued, "Tomorrow on November 16, 2016, a Press Statement will be delivered at our Party's Headquarters in Providenciales at 11am. We will announce the remainder of our Campaign Schedule and will invite you the people of these Islands to follow us and listen to real change presented by real change agents. Once our candidates are officially nominated on Friday, November 18, 2016, we will continue on the delivery of our message around the Islands with our constituency rallies."
She continued, "We are equally pleased with our first debate participant Hon Keno Forbes who last evening strongly articulated his and our Party's platform and vision very well. We are excited that young people are coming forward to share in the leadership of their country and are standing shoulder to shoulder and even above those who are senior. We are pleased with the reviews and the unprecedented excitement around this Debate.
We must however chide the PNP Chairman on his Release following the debate on which he made an issue of the fact that Hon Forbes does not reside in South Caicos and that this should be a prominent thought for consideration. Our response is simply that this is a desperate attempt to deflect voters from his vision and ability to bring real change to South Caicos and to discount the fact that though persons are not resident on a particular Island that they are not aware of the issues nor feel the pain of the people they continue to keep connected to. There are many persons who for lack of opportunities had to leave their Island home be it South Caicos or any of the Islands outside of Providenciales and to discount their ability to contribute because of the failure of his Party's Government in South Caicos over the past 40 years is nothing short of desperate. South Caicos has not fared off better for having representatives living on the Island and the record will reflect that. It is our Party's collective vision to reverse this so that there will be more persons who can remain at home be it in South Caicos, North Caicos, Middle Caicos, Grand Turk and yes even Salt Cay. "
Deputy Party Leader, Hon Sean Astwood stated, "We promised the people a campaign that they have never before experienced and I am pleased that the responses are positive to our brand and our message. We will not disappoint you the people and while others will resort to lies and personal attacks, we will continue to focus on what matters to you. We will focus on those bread and butter, around the table issues that will impact your life."
PDM on South Caicos Constituency Debate
Keno Forbes, the People's Democratic Movement (PDM) candidate for South Caicos won last night's constituency debate, topping Ruth Blackman, McAllister Hanchell and Christopher Hall according to most who tuned into last night's debates, giving Forbes a clear victory against all three South Caicos candidates. This debate has sparked unprecedented excitement and we are pleased as this is our first.
Monday's debate watchers and listeners were mainly in favour of trusting Keno Forbes more on the issues most important to them.
Overall, most who watched last night's matchup also thought Forbes did the best job in comparison to the other South Caicos candidates. Most who tuned into last night's debate believe that Forbes agreed with them on the issues that matter most to them. More than half of who tuned into last night's debate said Forbes agreed with them more on the important issues. Most also thought Forbes had the better understanding of the issues and was better prepared to represent the people of South Caicos.
Ruth Blackman and McAllister Hanchell were seen not only as spending more time attacking each other rather than acknowledging the problems faced by the people of South Caicos but also failed to offer solutions. PDA candidate Christopher Hall appeared too often to be a non-factor and seemed lost in the shuffle in a debate highlighted by the bickering between Blackman and Hanchell. Forbes on the other hand was better prepared and seemed more in touch with the issues affecting South Caicos.
Forbes was also widely seen as honest and authentic during the debate and have been bombarded with calls not only from well-wishers and supporters who are now more energised by his campaign but also by some new supporters who view Forbes as the right choice for South Caicos.
Obama's Farewell Calls on Europe to Work with Trump
Outgoing U.S. President Barack Obama has bid farewell to European allies, capping his final trip to Europe as president with reassurances of America’s enduring support and calls for allies to stand up to Russia.
The U.S. leader left Berlin Friday after a four-day tour of the region that started with Greece, the cradle of western-style democracy, where he reflected on the importance of fighting for democratic values, and ended in Germany, Europe’s top economy whose Chancellor, Angela Merkel, is regarded as Europe’s most influential leader.
The top item on Obama’s agenda was reassuring nervous European allies about the future of Transatlantic relations under the presidency of Donald Trump, whose campaign remarks raised uncertainty, especially about America’s commitment to NATO, the EU, and other multilateral institutions.
Before departing Berlin, President Obama met with leaders of Britain, France, Germany, Italy and Spain and repeated those reassurances. A White House statement says Obama “expressed confidence that, even at a moment of great change, democratic values have done more to advance human freedom and progress than any other system in history, and will continue to do so going forward.”
He thanked his European counterparts for their close cooperation and urged them to work with the Trump administration “on the basis of the core values that define the United States and Europe as open democracies.”
Obama and the other leaders agreed on Friday to maintain sanctions on Russia over the conflict in eastern Ukraine. They called on Moscow to abide by the Minsk agreements and allow for a security environment that is conducive to elections.
They agreed Europe should keep working toward de-escalation and a diplomatic solution to the conflict in Syria, and they called on Russia to stop its bombing of Aleppo, where they said the humanitarian situation is of “grave concern.”
Obama headed to the last stop of his last foreign tour, Peru, to attend the Asia Pacific Cooperation summit (APEC).
Talks with Obama & Trump 'Excellent'
Just two days after his stunning election victory, President-elect Donald Trump and his wife, Melania Trump, visited the White House, invited by President Barack Obama and first lady Michelle Obama.
No press was allowed to film their arrival Thursday, but the president and the president-elect gave brief statements to reporters in the Oval Office after the meeting.
Despite a long history of animosity between Obama and Trump, both were gracious.
"I just had the opportunity to have an excellent conversation with President-elect Trump,” Obama said. “It was wide-ranging. We talked about some of the organizational issues in setting up the White House; we talked about foreign policy, we talked about domestic policy, and, as I said last night, my number one priority in the coming two months is to try to facilitate a transition that insures our president-elect is successful."
Trump told reporters the meeting was supposed to last about ten minutes but lasted 90, and it could have gone on even longer.
"I look forward to dealing with the president in the future, including counsel," he said. "He explained some of the difficulties and the high-flying assets and some of the wonderful things that have been achieved. Mr. President, it was wonderful meeting with you and I look forward to meeting with you many more times in the future."
The White House said Obama officials are making sure that Trump and his yet-to-be-named key officials are "prepared from day one to protect our national security." U.S. intelligence and defense officials are starting to give Trump daily briefings on threats to the country's security and overseas military operations.
In addition, the Obama administration plans to host two exercises involving several government agencies to help familiarize Trump officials with how the government responds to domestic emergencies, whether terrorist attacks or such natural disasters as violent tornadoes and hurricanes.
After the meeting, White House Press Secretary Josh Earnest was asked if the meeting was awkward.
"The meeting might have been a little less awkward than some might have expected," he said.
Trump said it was the first time the two men have met personally.
The president campaigned exceptionally hard for his former secretary of state and fellow Democrat Hillary Clinton. Obama often derided Trump, the blunt-spoken real estate mogul who has never held elected office, as unfit to lead the country.
Meanwhile, Trump for years questioned whether Obama was born in the U.S. before recently acknowledging his citizenship. He says he plans to undermine key Obama policies, including the health care reforms, environmental regulations, protection of some immigrants from deportation, and the Iran nuclear deal.
Source-VOA
Holness, Simpson Miller congratulate Trump
Prime Minister Andrew Holness yesterday congratulated US president-elect Donald Trump on behalf of the Government and people of Jamaica.
Trump, a billionaire businessman who ran on an anti-establishment platform, beat Democratic rival Hillary Clinton at the polls on Tuesday and is set to become America’s 45th president.
In his message, Holness communicated the “great value” Jamaica places on the longstanding friendship and co-operation “which has shaped our bilateral relationship with the United States for more than 50 years”. He also articulated commitment to achieving and maintaining economic growth and development for the benefit of the peoples of both countries and the wider hemisphere.
According to a statement from Jamaica House, the PM also emphasised his intention to build on existing initiatives between the two countries, to explore new opportunities, as well as to strengthen US/Caribbean and Jamaican relations.
“[My] best wishes to president-elect Trump, and for peace and prosperity for the people of the United States of America,” said Holness.
Opposition Leader Portia Simpson Miller also congratulated Trump on his election win, hailing him for joining “a select group of men who have attained the distinction of becoming leader of the Free World” and describing him as a hard and tireless worker who has built a successful brand.
“The United States is a strong democracy and Mr Trump’s victory is an expression of the confidence of Americans in his ability to push for the changes in Washington that many have advocated over the years,” Simpson Miller said in a statement to the press.
She noted, however, that there are concerns about Trump’s proposed immigration policy direction especially because “Jamaicans are a big part of the immigrant community in the US”.
“We look forward to hearing and seeing how president-elect Donald Trump’s Administration will take shape,” Simpson Miller said. “We hope that he will quickly reach across the political divide... and try to build bridges in the global space so that we can continue to foster peace and development around the world.”
Source-Jamaica Observer