RTC Director

STATEMENT FROM THE OFFICIAL OPPOSITION OF THE TURKS AND CAICOS ISLANDS PRESENTED TO THE CARICOM MINISTERIAL FACT-FINDING MISSION TO THE TURKS AND CAICOS ISLANDS

 

MEMBERS APPEARING

 

Hon Sean Astwood, Deputy Leader of the PDM

Hon Vaden Williams, Member for Wheeland

Hon Derek Taylor, All Island Representative

Hon Goldray Ewing, Member for Blue Hills

Hon Clarence Selver, Actg National Chairman, PDM and Appointed Member

 

BACKGROUND

We welcome the presence of our colleagues from the Caribbean Community (CARICOM) to these Turks and Caicos Islands. As we believe that this Fact Finding Mission is long overdue, we commit to assisting you as much as we possibly can in your pursuit for reliable and credible information.

 

From your Terms of Reference, we are informed that this Mission was commissioned following a Statement made by the Premier of the Turks and Caicos Islands whilst in Haiti attending the Twenty-Fourth Inter-Sessional Meeting of the CARICOM Conference of Heads of Government in February of this year and then also because of the public comments made by HMG who refuted them and deemed them as misleading.

 

We will neither provide commentary on the contents of the Premier’s Statement and the Minister’s response nor add anything to what could have been done by both Politicians.

However, we wish to state in this Forum that we are not thrilled with any public arguments between HMG and TCIG whilst we make our very best efforts to grow and stabilize our economy by inviting inward investment. You will however be better briefed by the Premier as to the true relationship between HMG and TCIG as we are not privy to information that shows where HMG has been stumbling block as it were, to initiatives put forward by TCIG.

 

You can appreciate that the Opposition does not sit in Cabinet and obtain information on Government dealings only from its Press Releases, oversight Committees and Parliamentary Questions. We are interested as well in practical examples as we are committed to ensuring that an elected Government is able to carry out the purpose for which it was elected and anything contrary to this is a threat to democracy.

 

THE TCI CONSTITUTION

 

We therefore propose to share with you where we see this as a possibility from a Constitutional point of view.

 

On return to elected Government, the TCI returned under new Constitutional provisions in the Order of 2011. My Party on October 15, 2012 issued a Statement outlining portions of the Constitution that we identified as problematic and regressive for an elected government.

 

We refer you to our Party’s Position on the new Constitution which was enacted on October 15, 2012 and was delivered by the then Deputy Leader and now current Party Leader and Leader of the Opposition, Hon Sharlene Cartwright Robinson. See Appendix A.

 

Whilst the Governor’s role has been strengthened, we are not aware that he has “vetoed” as it were any decisions or prevented TCIG from any actions that it wished to take on behalf of the people. So we are presenting the provisions as what can happen which we deem regressive and stifling for an elected Government. You will note from the Provisions cited that the Governor is not compelled to use these powers and can elect not to do so but this then rests on a matter of personalities and an elected Government ought not to be guided by a personality.

 

 

 

 

 

THE OVERALL FUNCTIONING OF THE REPRESENTATIVE  SYSTEM OF DEMOCRACY IN TCI FOLLOWING THE NOVEMBER 2012 ELECTIONS IN TCI;

 

Oversight role of the Leader of the Opposition strengthened

Specifically, the role of the Leader of the Opposition has been strengthened and so there is a greater oversight role for the Leader of the Opposition under the new Constitution and the new slew of Legislation for the management of Public Finance. One such bit of Legislation that gives credence to this is the legislation establishing the National Audit Office. The provisions in the Constitution, strengthening the Public Accounts Committee in its oversight role is also commendable. 

 

The new Constitution established an Appropriations Committee and a member of the Opposition is to serve on this Committee which is charged with the responsibility to scrutinize TCIG’s Appropriation Bills. As it stands the Leader of the Opposition was elected to serve as Chair of the Committee.

 

The Opposition is therefore pleased with its oversight powers and responsibility. As this Committee is a powerful one, we have taken great care in acting responsibly. To this end, the Committee has facilitated several requests already by the Government to facilitate supplementary spending.

 

THE FUNCTIONING OF THE TCI PARLIAMENT

The Governor has two appointed members whilst the Government and the Opposition have a single appointment each. This is new under the Constitution Order 2011. With a one seat majority in the House of Assembly, the Government and the Opposition often have to rely on these two members to gain a majority on a matter before the House. As this one-seat majority scenario could not be designed, it shows the drawback for elected members in allowing the Governor two appointments.

 

THE WORKINGS OF THE JUDICIAL SYSTEM

The serving Leader of the Opposition (then National Chairman of the PDM)  served in the Governor’s Consultative Forum and was a consistent dissenting voice on policies put forward that were thought not to be in the best interest of the country until she was relieved of her duties by the Governor. But while serving, she was one of the more prominent voices against the legislation that removed the automatic right to a Trial by Jury. The Bill was eventually passed by a one member majority. This right was included in the 2006 Constitution and was suspended along with other provisions in 2009. The legislation passed thereafter, removed the right permanently. There was a loud outcry from the public though the legislation was still assented to by the Governor.

 

As it stands, there is little faith in the judicial system as the Governor through the JSC appoints and will appoint the Judges who will hear the cases brought against the individuals charged with wrongdoing as a result of the Special Investigations and Prosecution Team (SIPT).

 

THE FINANCIAL GOVERNANCE SYSTEM

Whilst we are aware of the systems that are in place, it is best for representatives from the Government to address the practicality of the new and stringent system.

 

INDEPENDENCE

 

The PDM is the only Party that contains in its Party’s Constitution the objective for political and economic Independence. We are also the only Party that has produced a comprehensive Position on Independence and we have attached here for you, our Position as released. See Appendix B.

 

However, our Position can be summed up in a single Statement: Independence must be carefully studied and planned, therefore we believe that the best route is the establishment of an Independence Commission with its terms of reference similar to that of Bermuda where it is a fact finding Body that looks at the pros and cons of Independence and identifies the necessary steps.

 

 We believe that there is much to do to ready ourselves for independence and as such, can see the TCI remaining an Overseas Territory for the foreseeable future.

 

RELATIONSHIP BETWEEN THE GOVERNMENT AND THE OPPOSITION

 

This Opposition has demonstrated great maturity and leadership since November 9^th and has worked along with TCIG already in several matters. Perhaps outstanding of all is the united stance on the Anti VAT stance. The Opposition presented a Private Members Motion to record a Resolution of an entire elected House and the Government’s backbencher brought a Repeal Bill. This was the single greatest act of unity shown by an elected Parliament. Please note that the only members who did not support the Resolution was the Governor’s two appointed member and in fact one of these members sought to chide the Premier and Leader of the Opposition for taking on a fight that she felt misled the people of the Islands into believing that we collectively did not have the power to stop the implementation of VAT. Needless to say, the united stance of the elected members (And the Private Sector) saw the aversion of VAT.

 

The Opposition learnt that there was a situation where there was misinformation communicated as regards the ability of the PNP and the PDM to come together. We have since looked further into this matter and was informed that there was an attempt made for a senior ranking Former Leader of one of the countries in the Region to come and assist but the offer had to be refused as the fee involved deterred the exercise from going forward.

 

Whilst you will receive different opinions during your visit, you will find that most if not all sectors of society are disgusted by the behavior of members of the Interim Government and as such the relationship between TCIG/TCI and HMG/UK is severely strained and is marred with mistrust on both sides. However I believe that there may be quarters calling for Independence based on emotions and other political advantages, but there are also those who choose to allow head to prevail over heart recognizing the irreversible errors that can be made if the TCI were to prematurely become independent without a solid plan on the way forward.

 

 

 

 

 

 

CONCLUSION

 

We are happy to provide any further assistance and are committed to moving our country forward.

 

We trust that you will be open and honest in your Report and will seek to assist those of us who have over the years been a voice against the heavy handedness of the British.

 

End

 

Hon Sharlene L Cartwright Robinson, LLB CLE JP

Leader of the Opposition

 

 

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by RTC Director

PDM’s POSITION ON INDEPENDENCE

 

PREAMBLE

The People’s Democratic Movement values our GOD given unalienable right to chart our own destiny as a people and determine for ourselves the form of Government that we should be governed by.  Our founders have enshrined in our party’s constitution THE MANDATE to protect this right as is stated in two main objectives of our party, “ b)to maintain the political freedom of the Turks and Caicos Islands and strive for the economic independence of her people:  and k) to promote, nationally and internationally, the concept of human rights, self determination and majority rule for all the peoples of the world”.

To this end we submit to the people of the Turks and Caicos Islands the position of the People’s Democratic Movement on Independence.

BACKGROUND and HISTORY

The PDM has always had self-determination as an objective in our Party’s constitution. In our first term in office 1976-1980 the Party agitated for and promoted a larger degree of self-determination for the Turks and Caicos Islands. As a democratic society we are committed to the promotion of this ideal through education and having an engaged and informed population that would make the decision on self-determination through a country wide referendum.

Regrettably, part of our history includes constitutional regression brought about principally by our political opponents’ actions while in office. The people of the Turks and Caicos Islands have paid dearly for their actions in every instance. First, in 1986 through the loss of our right to determine and direct the advancement of the financial services industry and secondly through the imposition of direct rule and the loss of our very advanced constitution instituted by our party in 2002 through the Constitutional Commission.

OUR POSITION

1. Decision by every voter

The right to determine what form of self determination our country takes in the future is a right that must be made by every voter.  The heavy importance that this decision will mean for the country and by extension the day to day life of every man, woman and child and the institutions they make up cannot be over emphasised. It is fundamental that any decision involving a move to Independence, Integration or Free Association, as outlined by the UN as acceptable means of self determination, be taken with clarity after a period of political calm and while an elected Government can craft the terms of reference for a process that would not violate the individual rights of every person who will be affected by the outcome of such a question being put.  In any case we support the Bermuda model to conduct such a process.

 

 2. Education about self determination

People must be aware of their responsibilities and the benefits of independence, and the financial and opportunity costs of taking that informed and un-emotive step towards self-determination. People need to be aware of the threats and opportunities that go hand in hand with the status.

In light of the serious but important nature of this issue, we would seek to Commission a study on self-determination during our first term and engage the population on the issue.

   3. Democratically elected Government must spearhead the process.

   4. Appoint a Commission once elected

In preparing the people to consider self-determination/ independence there is a need to commission a study to identify the prerequisites for self-determination and keeping the public engaged every step of the way.

 

   5. PDM''s list of prerequisites(what we need to be prepared or National Achievements)

We would seek to identify those important markers that must be achieved with regards to the level of awareness by the population even before there is a call for a referendum. These prerequisites to the referendum are listed so that they can be check marked as they are achieved.

• External Affairs – The handling of Government relationships internationally, negotiation of trade agreements, security, memberships to international organizations i.e. United Nations, E.U., OCT’s
• Internal Affairs – internal security is currently handled by the RTCIP, the need for a Defence Force or some other military agency must be reviewed?
• Citizenship and Visa Matters – Critical questions must be answered like, who would automatically become citizens of an independent TCI. Will we allow dual citizenships etc..  An independent TCI would have to negotiate with other countries individually and as a group in some cases to relax and/or maintain current visa requirements.
• Defence – Currently the TCI as a British Overseas Territory is protected through the UK’s membership in the North Atlantic Treaty Organization (NATO).  On becoming independent the TCI would be responsible for its own defence.
• The Economy and Commerce – Decisions about the economy cannot be based on emotions; this requires a total exploration of our current economic situation along with future plans.  The TCI has previously enjoyed a high standard of living; a decision for independence must ensure that this standard is maintained and/or improved.
• Tourism – When exploring the concept of independence, other countries have found that most tourists are unaware of, nor interested in their current constitutional position.  However, a country’s stability and security is known to out-weight the amount of sand and sea it has to offer. 
• International Business – Currently this is the most likely means of diversifying our economy, as the second pillar after tourism. 
• The role of TCI’s Monetary Authority (would this be the FSC or a new body would need to be created?) – The US dollar etc...
• Aviation – Currently the TCI is governed by the U.K.’s treaties with other sovereign states, an independent TCI will have to become a contracting party to the Chicago and Montreal Conventions, that regulates international aviation and that deals with the liability of air carriers to passengers and shippers respectively. 

 

• Treaties – An independent TCI would have to form treaties, bilateral and multilateral with organizations such as:
•  International Monetary Fund - IMF,
• The World Bank Group
• The Caribbean Community - CARICOM,
• Caribbean Development Bank - CDB,
• Inter-American Development Bank - IDB
• World Trade Organization - WTO,
• Free Trade Area of the Americas - FTAA,
• Association of Caribbean States -  ACS,
• Organization of American States - OAS,
• European Union-African Caribbean Pacific Group of States - EU-ACP

 

• The Judiciary - Court of Appeal, a decision to continue with the Privy Council, or become a member of the Caribbean Court of Justice, the CCJ.

   6. The need for Political and Social stability

Presently, the need to have a restoration of confidence and stability in government cannot be over emphasized.     It has been cited as one of the most important areas that international businesses look at when making a decision to do business in a country.

 

 

 

   7. Independence tied to a General Election is not acceptable; a Referendum is necessary

As important as determining what is the settled will of an informed and engaged population on the matter of independence, we lack the mechanism to call for a referendum. It is imperative for us to therefore push for constitutional advancement with that provision enshrined to enable to call for a referendum. We feel that only a democratically elected government has the moral right to call for a referendum by the population.

We hold the view that political parties ought NOT to run an election on the issue of independence because it does not leave the voter with a choice. A voter may wish to support their party but hold a different view with regards to independence. General elections ought to be about choosing a government, not deciding on independence. This issue must be treated as a separate matter.

   9. Constitutional Advancement

To this end, we re- confirm our  view that constitutional advancement immediately after general elections to set the stage for the pre-requisites for a move to self determination is still our best hope in the short term.  In simply terms we must move to get back a return to internal self government before we embark upon a program of independence. 

 

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by RTC Director

Excerpts of an ADDRESS TO THE TCHTA Delivered By The Hon Leader of the Opposition

 

Excerpts of an ADDRESS TO THE TCHTA

Delivered By The Hon Leader of the Opposition

 

 

What a pleasure to briefly address you this afternoon.

I promise you that I will be keep my comments brief but pointed.

Congratulations to the newly elected Executive Body and also on the hosting of your Annual Star Awards which I believe can only enhance the Industry. I have been asked by a number of you as to my non -attendance.  I was unfortunately unaware of the Event but believe that it is an Event worth supporting.

I need not tell you how important Tourism is to our economy, nor how it will perhaps remain the largest Industry for the forseeable future, nor consequently how critical that makes you the direct players in this Industry. You are all aware of this. I would say to you that I appreciate what you do and especially on those days when you perhaps want to knock out a guest but remember in critical time, the possible implications. The life of persons in the Tourism Industry is faced with many challenges but we seem to be doing well but much more can be done on all fronts.

I am hoping to be a part of a great message/sustainable educational campaign  to all residents directly or non - directly working in the Industry to ensure that they understand that we are all a part of the Industry as Tourists interact with all peoples from all walks of life.

I recently began a Tour of the resorts in an effort to better understand your challenges and so that we can familiarize ourselves with each other. I have met with most of you in this room and am on my way to the remaining in short order. Some people think I am too direct but I think it is always in our best interest if you understand my position at the outset.

Tourism as it is the life line of economy, it stands that there is an expectation that residents will benefit from jobs and businesses in the Industry. It is also important that businesses are not unnecessarily challenged in carrying out its operation. I acknowledge that much can be done to assist business men and women in dealing with the public sector particularly in the area of the application process for work permits. With the size of our population and the level of skill in many areas, it is expected that there will be a need for foreign labour but our challenge then is how do we ensure that we understand each other.

Challenges

I see the challenges faced by this Industry as threats to us all and I have already committed to addressing them and supporting efforts where I can.

1.     Crime remains a growing concern and though the rate remains low for TCI, the crimes affecting some of our tourists have been violent . These few but seriously impacting incidences are rather unfortunate and every effort must be made to ensure that victims are treated “as gold”. There must be a better handling of these matters by our Police Department and I have suggested a Tourism Laison Department with Officers who are directly responsible for follow up and for the provision of information to victims. 

 

We can and must do more to ensure that our tourists are safe and that they become repeat visitors and not unhappy and negative advertisements for TCI.

 

2.     Another challenge relates to the cleanliness of the Island. In short order I will present a complete sustainable education program to the Government for support. The national “spic and span” Program will encourage clean ups but goes beyond that, it will educate from the school children up and will also fine and enforce laws for littering, un-kept yards and creating other unsightly mess. My Party has begun clean ups and are participating in clean ups  in an effort to promote healthy living and to address the concerns we receive from many tourists and residents alike.

 

This is critical and your support in a full and ongoing promotion will also be solicited.

 

3.     Training and Service Standards is a concern I am sure. Trained workers is a challenge that must be worked on between the Government and the Industry. There must be a plan for sustaining and keeping the best in the Industry and for motivating staff. I applaud some of the resort’s individual efforts to recognize their workers. This will and has gone a long way with many.

 

4.     The country is again undergoing a review of the Immigration Laws. Hopefully we can address the problems we know exist and put the necessary laws and procedures in place.

 

5.     The loss of the New York flight has also caused some concern and I understand that there may a chance of regaining it or new routes.

 

6.     Lack of attractions is also a challenge for many but this requires a detailed survey of what our brand tourist wants and this is not a venture that we should embark on blindly without the market’s guidance.

 

7.     The quality of transportation is also a rising challenge that can be easily addressed with strong partnerships. I have had the privilege of being able to address many Taxi drivers who understand their vital role in the industry and who I see as important as any player but it is for a deliberate effort amongst all players to determine to enjoy better working relationships.

 

8.     Food safety and concerns will remain an ongoing challenge with heightened sensors. Training is tied to this as well and there must be ongoing training in these areas. When we can prevent, we must do everything within our powers to. We have suffered great loss over the closure of the Cruise Ship Port a few months back and approximately 65k tourists were detoured elsewhere. Our coffers can not afford a repeat of these experiences. It is therefore a responsibility that Resorts  and Government regulatory arms must take seriously.

 

9.     Last but not least is the challenge of seasonality. I believe with a strong commitment and a serious attempt to court new markets, we can lessen the impact of the slow periods.

 

But amidst the myriad of challenges, there is bright hope for the Industry. There is nothing that I have identified that with a greater effort cannot be met with some measure of success. I am pleased to say that the Opposition has made representation on all of these areas and will continue to support efforts to grow and sustain this sector and to ensure excellence in standards in service and guest experience.

 I have suggested as some of you have told me that a Chicago flight can also work well for the Islands and a real approach to the South American market especially Brazil. Whilst you are competitors, we must still appreciate there will be much more in common than what divided you and collectively so much more can be achieved if you present a united front and positions on matters that affects you.

I am also hopeful that there will be a real effort to review our product and that monies will be expended in this crucial area. No Government can never spend as much as we need on product development and marketing but there must be a much more serious financial commitment than what we have seen recently and much more prudent spending on areas that really matters than what we had seen before. Much greater effort to use the media and social media included to market. TCI has to find its niche and its unique product. I am not convinced that beaches will carry us for as long as we would like. They will always be a major attraction but there are persons who want to feel the true TCI culture who leaves not satisfied and we must remember that market.

I believe that there is a ready market that pulls into the Dock in Grand Turk each week and not enough is being done to woo these guests to become land tourists. Last week I visited the Port and interacted with a few tourists who had no knowledge of where they were but had a lot of questions. One has already contacted a law firm for purchase of land and have actively searched for information on Hotels in Provo for next year.

There is promise if there is greater cooperation between all partners from the street to the main Industry players to the Government. 

I would like to see, each Tourist as they leave asked on a survey of their experience and this information shared and garnered to create a product they wish to see.

 I would like to see more of the skilled hotel workers reaching into our schools and sharing their skills but also in an effort to bring them into the Industry. Chefs can help in a Foods Class. That will be appreciated.

Any support rendered for youth programs lessens the chance for tourists to become victims to crimes.

Any support for training enhances the Industry and makes the guests experience more memorable and pleasant.

We must all coexist in this environment and it can only get better if we recognize that the end objective for all players is the same. There must be a greater effort to cooperate.

In the last meeting of the House, my colleagues and I were successful in having a Motion passed for a National Symposium. This forum will bring together the Government and Opposition and Public and Private Sector to discuss the path forward on big ticket items. I look forward to the Think Tank on Tourism but I encourage you to work as much as possible as a Unit and be proactive for the benefit of this Industry. Our country is truly in your hands.

Thank you.

 

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by RTC Director