I have no info,where now Hon.Governor Wetherell is living.He is most possible enjoying the immunity for his doings in Turks and Caicos Islands and most probably ,he is aware which lives he already destroyed through his doings,when he was Governor in Turks and Caicos Islands.
I can only hope,that he is reading this article too
During his years he was only seen,when he was in TCI TV’s.He was never feeling as a part of TCI community .
TCI People will never forget him,because he brought TCI in the most difficult times of the history.
TCI is still after 3 years looking to go back in democracy .
He is responsible for economical disaster in the history of TCI too.
In compare to Hon.Wetherell ,Hon.Governor Todd is pushing back the business in TCI and trying to support every new investor,coming in the country to start with the projects again,which were held during time of Wetherell.
Hon.Governor Wetherell acted unlawful and unfair in the case of Cem Kinay.The courts in Tci already decided this in June 2009.He published unlawful the Commission of Inquiry Report in July 2009 and caused through the allegations the halt of the project.
The same Hon.Wetherell approved and signed the Development Agreement of Joe Grant in November 2008!!
Now I will be accused for possible bribe to Premier Misick for an agreement which has been signed and approved by Hon.Wetherell.
Very strange story.
I invited Hon.Gov.Todd to publish all DA ‘s in TCI in the last 20 years.He can still do it.
I am now publishing the DA of Joe Grant approved and signed by Governor Wetherell in November 2008.
Democracy is in danger in Turks and Caicos Islands.
In August 2009 Hon.Governor Whetherell brought into force an Order in Council suspending TCI constitution.House of Assembly was dissolved and all representative seats vacated.
Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by JURY was also suspended
The sole political power is now Governors,appointed by UK Government.
I have been made a victim of politics of Turks and Caicos.In English law,the saying is that “justice must not only be done,but it must be seen to be done”.
Dellis Cay developer Dr. Cem Kinay says a red notice has been issued for him to be brought back to the Turks and Caicos Islands.
In a press release sent to The SUN from Istanbul, Turkey, said: “After 35 years of successful tourism and real estate investment experience, I have encountered a new experience today. I learned that a Red Bulletin is issued for me to be taken back to Turks and Caicos Islands. I have been fighting my political and legal struggle with the Turks and Caicos Islands Government since 3 years.”
In March this year, the Special Investigation and Prosecution Team (SIPT) confirmed that an international arrest warrant has been issued for former Premier of the Turks and Caicos Islands, Michael Misick in connection with allegations of corruption and money laundering.
Back then, the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) said they obtained the arrest warrant and a “Red Notice” which was authorized by the International Criminal Police Organisation (Interpol). However, they have not issued any such notice to the media regarding Dr. Kinay, who is known to be wanted for questioning in relation to allegations of bribery allegedly involving Misick.
Dr. Kinay did not elaborate on the circumstances surrounding his red bulletin, but he stressed that he is being victimised.
He stated: “My companies have invested in Mandarin Oriental Dellis Cay and Joe Grant Cay projects since 2005 until August 2009. We were the largest investor of TCI history. The total investment was going to be around $ 1 billion. I believed that the unique nature of my development would contribute to the cultural development of the islanders who embraced me with much interest. However, ex Premier Michael Misick’s deteriorating relations with England, the political conflict between England and Turks and Caicos Islands and the alleged corruption resulted in the intervention of the British government to the island. Misick was dismissed, Parliament abolished, and constitution was suspended. Our investments came to a complete halt. I lost all I have to the funding banks.”
He added: “The perfectly legal political donation scheme that existed in the islands for many years was turned into a corruption scandal. To prove Misick is guilty, we were chosen as targets. I am a victim of politics, and I am innocent. I did not receive any benefits for any of my political donations. I will continue my defense in the international level.”
Interpol requests are normally issued for the arrest of wanted persons with a view to extradition. An Interpol Red Notice is the closest instrument to an international arrest warrant in use today. Interpol does not have the authority to issue arrest warrants in the formal sense of the word, as this is the domain of the sovereign member states.
An Interpol notice or international notice is issued by Interpol to share information between its members. There are seven types, six of which are known by their colour codes: red, blue, green, yellow, black, and orange. INTERPOL will only issue notices if it is satisfied that all the conditions for processing the information have been fulfilled.
Dr Kinay practiced medicine at the General Hospital of Vienna in Austria. He received his PhD from the University of Vienna Medical School in 1984. He is a Turkish and Austrian Citizen, Belonger of Turks and Caicos Islands. In 1987, Magister Oguz Serim, his other Austrian citizen partner, and Dr Kinay set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria. In 1990, they founded the Magic Life Group. Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Egypt and Bulgaria. In 1997,they established a further tour operator, Gulet Touropa Touristik. In 2004, they sold Magic Life and Gulet Touristik to the German tour operator TUI AG, one of the world’s largest tour operators.
Dr Kinay is widely recognized for his contributions to the travel industry, In 1996 he was lauded as Austria’s “Tourism Manager of the Year” and in 1997, as “Man of the Year” and Finally on 2007, he has been honored with “State Medal Of Austria”.
Yaklaşık 35 yıldır Türkiye ve dünyada turizm sektörünün en saygın yatırımcılarından birisi olarak devam etmekte olan iş yaşamımda bugün yeni bir deneyim daha yaşadım.
İngiltere ve Turks and Caicos hükümetleri tarafından hakkımda bir Kırmızı Bülten çıkarıldığını haber aldım. Yaklaşık 3 yıldır sürdürdüğüm siyasi-hukuki mücadeleyi kazanacağımdan emin olmakla birlikte, gelinen noktayı kamuoyu ile paylaşmayı da bir borç biliyorum.
Türkiye’nin ekonomik kapasitesini dünyanın her yerine yayması gerektiğine inanan bir işadamı olarak 2005 yılında önce Karayiplerin bir adası olan Turks and Caicos Adalarında yaklaşık 1 milyar dolarlık bir emlak ve turizm yatırımına giriştim. Adanın güzelliğine, ekonomisine, kültürel gelişimine büyük katkı yapacak olan projemizi ada halkı ve yönetimi de büyük bir sevgi ve ilgiyle kucakladı. Ancak Ada yönetiminin ve başbakan Michael Missick’in adanın bağlı olduğu İngiltere yönetimiyle siyasi ihtilafa düşmesi, siyasi istikrarın bozulmasına ve 2009 yılında İngiliz hükümetinin adaya müdahalesine yol açtı. Yolsuzlukla suçlanan Missick görevden alındı ve anayasa askıya alındı.
Bu süreçte Turks and Caicos adalarında yatırım yapan onlarca işadamı da başbakan Missick ile bağlantıları olduğu ve yolsuzluğa karıştıkları iddiası ile suçlandılar. Ancak suçlananlar hep yabancı yatırımcılar oldu. Başbakan Missick’in rüşvetçi olduğunu ispat etmenin yolu, özellikle hedef seçilen yabancı yatırımcıların rüşvet verdiğini kanıtlamaktı. Ben de bu siyasi mücadelenin günah keçilerinden birisi olarak seçildim ve yıllar sürecek bir hukuk mücadelesinin içerisine itildim. Gerçekten “”masum ve haklı olduğum” için, “masum ve haklı olduğumu” kanıtlayacağımdan eminim. Bugüne kadar bu konuda açılan ve tamamlanan bütün davalarda olduğu gibi bundan da beraat edeceğim. Siyasi bir davaya karşı yürüttüğüm hukuki mücadelemi ise uluslararası platformların tümünde sürdüreceğim.
Hem Türkiye’nin büyüyen gücüne paralel olarak dünyanın her yerinde iş geliştiren Türk işadamlarını bu tür riskler konusunda uyarmak ve hukuki süreçler konusunda hazırlıklı olunması gerektiğine dikkati çekmek hem de küresel bir güce dönüşen Türkiye’nin tüm dünyada bayrağımızı dalgalandıran işadamlarından birisi olarak ilgililerin desteğine ihtiyaç duyduğumuzu belirtmek için bu kısa açıklamayı kamuoyunun bilgisine saygılarımla sunuyorum.
Dr. Cem Kınay
Geçmiş
Birlesik Ingiltere Kralligi na dahil Turks ve Caicos Adaları’nda yer alan Dellis Cay bir doğa harikasıdır. Parrot Cay’in yanında yer alan adaya Providenciales’den deniz yoluyla 20 dakikada ulasmak mümkündür. Dellis Cay, Haziran 2005’te özel bir şahıstan satın alınmıştır. Adada dünyanın önde gelen mimarlarının eşsiz tasarımlarından oluşan lüks bir yerleşim kompleksi planlandı.. Proje tamamlandığında, adada Mandarin Oriental otelinin çevresinde yer alan ve otelin hizmet vereceği lüks villalar ve residenceler olacaktı. Projenin inşaat çalışmalarına, Haziran 2008’de başlanmıştı ve planlanan, projenin ilk bolumunun Ekim 2010 da tamamlanması şeklindeydi.
Dr. Kinay, son otuz yıldır ,vizyon sahibi,saygıdeğer bir uluslararası iş adamı olarak haklı bir üne kavuşmuştur. Magic Life Grubu’nun kurucusu olan Dr. Kınay, 2006 yılında layık görüldüğü “Avusturya Devleti Onur Payesi ve Madalyası” da dahil olmak üzere yüksek ahlaki ilkelerini, dahası iş dünyasındaki zekasını ve yetkinliğini tanıyan pek çok ödül almıştır.
Her Excellency, Navanethem Pillay High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights Palais Wilson
52 rue des Pâquis
Ch-12011 Geneva Switzerland
Dear Madam Commissioner,
SEEKING OHCHR INTERVENTION IN TURKS AND CAICOS POLITICAL SITUATION
I am the former Premier of the Turks and Caicos Islands, a country located in the Caribbean and which is a colony of the United Kingdom.
I would like to bring your attention to, and seek your assistance regarding,a number of human rights violations that have been taking place in the Turks and Caicos Islands in general, and to me and some of my former Cabinet ministers in particular, because of the stand taken by our political party,the Progressive National Party (PNP), and my Administration which was in office from 2003 to 2009, on advancing and achieving independence for our country.
The violations have been conducted by the British Government and their Interim Administration in the Turks and Caicos Islands.
It is my submission that their actions contravene the UN Universal Declaration on Human Rights plus a number of other international conventions to which the British are a signatory.
BELOW ARE EXAMPLES OF THE CONVENTIONS THAT HAVE BEEN VIOLATED
(1) UN Universal Declaration on Human Rights
Article 2 states: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race,colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”
In my view, the British Government has violated this article. They have discriminated against the citizens of the Turks and Caicos Islands because of the colour of their skin and because of our status as a colony. They have also discriminated against the Turks and Caicos Islands citizens because of our desire to seek self-determination. They have taken away a number of our rights under this declaration or refused to grant us some.
Article 7: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”
Article 8: “Everyone has the right to an effective remedy by the competentnational tribunals for acts violating the fundamental rights granted him by the constitution or by law.”
Article 10: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
Article 11(1): “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial a which he has had all the guarantees necessary for his defence.”
Article 11(2): “No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.”
Article 12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
Article 17: “(1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.”
Article 19: “Everyone has the right to freedom of opinion and expression;this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Article 20: “(1) Everyone has the right to freedom of peaceful assembly and association.” (2) “No one may be compelled to belong to an association.”
Article 21: “(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”
(2) The International Covenant on Civil and Political Rights
Furthermore, the British Government and by extension the Interim Administration, are also in violation of The International Covenant on Civil and Political Rights.
Article 1 reaffirms the right of self-determination; Article 14, the right to a fair hearing; Article 25(a), the right and opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives, and Article 25(b) grants the right to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
In the Turks and Caicos Islands we have not had elections for almost 3 years, although they were constitutionally due two years ago. As such, for the past 3 years the islands have been a virtual dictatorship, operating without an elected government.
Furthermore, the British-appointed Governor has sole executive and legislative powers and in addition, he appoints the Prosecutor and all of the Judges, who have no security of tenure and therefore rely on the Governor and the British government to renew their contracts, creating automatic room for abuse.
(3) UN Charter
In addition, the British are in violation of the UN Charter.
Chapter 1: Purpose and Principles. Article 2. “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of people, and to take other appropriate measures to strengthen universal peace.”
Chapter XI: Declaration Regarding Non-Self-Governing Territories. Article73. “Members of the United Nations which have or assume responsibilities for the administration of territories whose people have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
(a) to ensure, with due respect for the culture of the people concerned, their political, economic, social, and educational advancement,their just treatment, and their protection against abuses;
(b) to develop self-government, to take due account of the political aspirations of the people, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its people and their varying stages of advancement.”
For countries that have adopted the International Covenant on Civil and Political Rights, the first Optional Protocol to the Covenant gives the option of recognizing the Human Rights Committee as qualified to receive and examine communication from individual people. When people or groups of people have exhausted local remedies, the Protocol allows them to petition the Committee directly about their government’s alleged violations of the Covenant.
EXAMPLES OF THE SPECIFIC VIOLATIONS AND ABUSE IN THE TURKS AND CAICOS ISLANDS
In the Turks and Caicos Islands, we are faced with the following:
1. Denial of our right to self-determination and our right to freely and without fear conduct open national debate in that regard.
2. Denial of our right to hold free and fair elections.
3. Denial of our right to fair trial.
4. Denial of our rights to freedom of expressions and assembly.
5. Introduction of retroactive criminal legislation with the view of securing convictions.
6. Persons were compelled to testify against themselves at a Commission of Inquiry and that information was subsequently used to charge individuals. This is a violation of Article 14 of The International Covenant on Civil and Political Rights.
7. There is no independence of the Judiciary:
a. The Governor is the sole authority in the colony in that he is the sole person that makes executive decisions, he alone makes legislation and he alone appoints the Prosecutor and the judges. The current governor is RicTodd.
b. Governor Ric Todd has said at a public meeting that all of the accused former ministers are guilty and will be convicted.
c. Furthermore in an article that appeared in the Miami Herald online on the 9th of April, Governor Todd was quoted as saying that “the elected government has deliberately and systematically stolen the assets of the people of the TCI for personal gains”.
In this light, I and former Ministers who have been accused of corruption can never get a fair trial. How can we ever get a fair trial when the person that has the sole power to appoint the Prosecutor and judges in the colony is making such pronouncements before a trial?
8. There is also interference with the right to a political life,with Governor Ric Todd and his Attorney General Huw Shepheard bringing legal action to unlawfully confiscate our party headquarters and to demolish it.They are systematically trying to eliminate my party, the PNP, from the political life in the Turks and Caicos Islands by arresting and charging most of the senior members including the new Leader who is a lawyer who has never one day served in any Government in the Turks and Caicos Islands. It is my belief that the reason for this is to silence the party because its public stance has been to seek independence from Britain. It is also my belief that despite the public stance of Britain about liberty and equality for all, it is their desire and objective to retain the colonies and to pursue a purely commercial ambition from them without regard for the human rights and political will of the populations in those countries. It is well known that the British territories in the Caribbean have natural beauty and sunshine, excellent tourism opportunities and many prospects in terms of financial services, all of which can be turned to ultimate profit for the British. It is further my belief that as the British economy nose dives in the world recession, Britain is taking an opportunistic position in relation to its colonies and former colonies purely for commercial and financial gain, ignoring the harmful effect of their actions on those countries and their people.
9. The Governor has abused his powers and has had land confiscated from individuals who received land lawfully.
10. Abolishing of our right to trial by jury in order to secure convictions.
11. The Governor has changed a number of laws and procedure and has made it retroactive in order to secure a conviction of the persons accused.That is why he can speak with certainty that we will all be convicted. If a crime was truly committed why could the accused not be tried under the system that has tried thousands of prior cases. Why change a whole legal system to convict persons on charges that are politically motivated?
It is my submission that the whole Commission of Inquiry, the criminal charges, the change in the laws, the abolishing of the jury system, the suspension of elected government in the colony was all because my party and I seek to move our country to independence, which Britain does not want, for the reasons mentioned further above.
The best way for the British Government to stop my party’s movement was to drum up charges of corruption. That would allow the Governor to make the changes that they have made to secure a conviction against me and my colleagues. More disturbingly, charges of corruption are emotive and frightening to the people. These charges allow the British government to pursue almost any device in order to secure a conviction, including the suspension of democracy.
In summary we are being politically persecuted because of our political belief, being that we want to live in an independent Turks and Caicos Islands. Moreover, the political persecution is also set in a context of apparent racial superiority, on the part of the British.
The above are a number of human rights violations that have been inflicted upon the people of the Turks and Caicos Islands, a colony of the United Kingdom. The United Kingdom as a permanent member of the security council has an added responsibility to uphold international laws and treaties especially those involving human rights. It is a blatant double standard when they talk about human right abuse and violations in other parts of the world and they themselves are chief offenders in their colonies.
I am therefore asking your good office to intervene as a matter of urgency and to ensure that every country complies with their international obligations no matter how powerful they are.
I end by quoting Martin Luther King Jr: “Injustice anywhere is a threat to justice everywhere.”
Dr. Rufus Washington Ewing was born in the historic seaside settlement of Blue Hills on the Island of Providenciales where he was raised in a Seventh Day Adventist Christian home by his Mother Mrs. Jane Ewing and Father Hon. Hilly Ewing, former Deputy Chief Minister along with his many siblings. It was during these formative years that the Christian Principles of honesty, integrity, humility, love for mankind and service were instilled.
At an early age Dr. Ewing was introduced to the world of service and caring by his Aunt, Nurse Joyce Ewing-Beswick, with whom he lived while in Jamaica in the early 1970’s. During that period he attended clinics with his Aunt and was fascinated with the art of medicine and there onwards developed a passion for the profession and caring for people. This exposure to medicine continued when Dr. Ewing again accompanied his Aunt to the Blue Hills Clinic when she returned home to work in the late 1970’s.
The Scholar Dr. Ewing attended the Blue Hills Primary School now called Oseta Jolly Primary School where he was taught by respected educators such as, Mrs. Ellen Howell, Mrs. Cicely Ewing, Mrs. Thelma Lightbourne and Mrs. Mavis Cunningham, just to name a few. After Primary School, Dr. Ewing spent one term at the Private Provo High School in the Bight before being transferred to Grand Turk to attend High School there.
It was in Grand Turk at the Turks and Caicos High School (now Helena Jones Robinson High School) that Dr. Ewing had the opportunity to advance his education and develop his leadership skills and ability. Growing up in Grand Turk away from his immediate family was made easy by the comfort and care offered to him by Ms. Sarah Haven, with whom he lived and whom he now calls his second Mother. This comfort was magnified by the warmed reception he received by his Good Street and North and South Back Salina neighbours and friends and his schoolmates from across the Turks and Caicos. Dr. Ewing was one who was always focused, disciplined and set goals to which he would aspire and achieve and he did just that. He was selected as the Head Boy of his class which was his first opportunity to develop and demonstrate his leadership potential. He was taught by many excellent teachers, but a few of them in particular instilled in him certain qualities that he lives by and cherishes today. Ms. Lillian Swann-Missick, his teacher of history was the first to have left an impressionable mark on his life. She taught him to be a critical and independent thinker, to “not be gullible about the information written in the history books as they were written by “the oppressors and enslavers”. Dr. Ewing was so passionate about her teachings that he excelled in the subject, which was outside of his science mainstream. Mr. Poulose, Mrs. Latha, Mr. Babu, Mrs. Allam and Mr. Ross ensured that he was prepared for the world of science. Mrs. Julia Williams, his teacher of English and Literature taught him perseverance and skills to overcome challenges and obstacles, while Mr. Hubert Fulford, as a Music teacher taught him temperance and patience. The School Principal, Mr. Bertram Ross was his mentor and taught him the art of diplomacy and Leadership. Dr. Ewing graduated from the Turks and Caicos High School in 1985 as the Valedictorian of his class. In 1985 Dr. Ewing was offered a scholarship to go to Trinidad to study to be a General Science Teacher but he turned it down as this was not his ambition and goal. His goal was to become a Surgeon or at least an Electrical Engineer both of which he was passionate about. Dr. Ewing stayed at the Turks and Caicos High School as the Laboratory Technician and Science Tutor whilst improving his academic credentials until 1986 when he was awarded a scholarship to pursue Advanced Level Studies at the Barbados Community College.
Whilst in Barbados Dr. Ewing learned to live an independent life and how to really compete for the prize against serious competitors. Dr. Ewing again surpassed his competitors and excelled in his A-Levels and was awarded a Turks and Caicos Scholarship to pursue Medicine at the University of the West Indies in Mona, Jamaica.
In Jamaica Dr. Ewing again had the opportunity to further develop his Leadership skills. Dr. Ewing, along with Mr. Delton Jones, Bradley Handfield, Alpheus Gardiner and Ms. Carol (former Jamaican Teacher of the Turks and Caicos High School) were instrumental in establishing the Turks and Caicos Students Association (TACSA) in Jamaica. TACSA was established with the mandate to address the welfare of all Turks and Caicos Students studying in Jamaica. TACSA acted as the Liaison between the TCI Government and Students in Jamaica and also represented TCI Students issues at the various institutions. TACSA also acted as an outlet for mentoring younger TCI students ensuring the achievement of their goals. Dr. Ewing served for two years as Vice President and two years as President of TACSA.
Medical School in Jamaica was where the qualities of humility and caring were cultured and solidified and the art of team work was ingrained, as without these one would not survive medical school or emerge to be a great physician.
The Physician and Surgeon
It was in Jamaica, during his Medical School team work sessions that Dr. Ewing met and fell in love with his classmate Dr. Dawn Perry. Dr. Ewing always believed in being organized and efficient and to that end he got married to Dr. Dawn Perry in 1993 on their graduation day.
After completion of Medical School Dr. Ewing and his wife moved to Nassau, Bahamas to complete their internship and start a family life which gave birth to their Son Stuart Ewing. It was in Nassau that Dr. Ewing’s passion for surgery grew. He knew from High school that he wanted to be a surgeon, but there was no conviction to that desire until completion of his surgical internship rotation. This conviction to become a General Surgeon led him back to Jamaica in 1996 to enter the General Surgery Residency Training Programme.
The General Surgery Training Programme was the place where Dr. Ewing was able to utilize all of the life and leadership skills he learnt along the way. However, the skills of critical thinking, evaluation and situational analysis, confidence, discipline and astute decision making were paramount to practice and successful clinical outcome, all based on certain principles which were not to be violated less you fail. During his surgical residency and even so today, Dr. Ewing live on the principles of recognizing his limitations and not wasting time defending the indefensible. Dr. Ewing became a Fellow of the Royal College of Surgeons in 1998 and received training in Paediatric General Surgery in 2000 at the IWK Grace Health Center and Halifax, Nova Scotia, Canada before graduating from the University of the West Indies with a Doctorate of Medicine Degree in General Surgery in 2001.
Dr. Ewing has always been a true patriot and loved serving his people. He began serving his people from the time he entered Medical School in 1993, where he looked out for the interest of Turks and Caicos Islanders seeking medical care in Jamaica. This service continued in Nassau during his internship and was scaled up in Jamaica during his residency training. Recognizing the many health needs of his people, Dr. Ewing was anxious to return home to serve his people and did so in 2001 with his family.
The Public Health Care Leader and Community Volunteer
Dr. Ewing was always a visionary and a goal oriented person. Upon arrival home he immediately requested a meeting with the Chief Secretary, Permanent Secretary of Health and others and presented them with his vision for health care in the Turks and Caicos and how he can get it done. There was very little difference between Dr. Ewing’s vision and the plans of the ongoing DFID funded Health Care visioning and Health Sector Development Strategy project.
In August 2001 Dr. Ewing was employed by the Ministry of Health as Deputy Chief Medical Officer (DCMO) with direct responsibility for the Myrtle Rigby Health Complex (MRHC) and Lead Surgeon at the MRHC. There were many challenges being experienced in the Health Care Sector. The most prominent were the lack of surgical services in Providenciales, the rising cost of overseas treatment and the inadequate health infrastructure, particularly on Providenciales and the general lack of equipment. Through Dr. Ewing’s Leadership and the assistance of a dedicated team, the MRHC Operating Theatre was commissioned and the first major surgical procedure was performed in October 2001, after three months on the job. This was a significant achievement as persons from Providenciales requiring appendicitis surgery, routine hernia surgery and C-sections to name a few, no longer had to fly to Grand Turk for surgery. Dr. Ewing addressed the rising cost of overseas treatment by recommending the implementation of a Treatment at Home Programme. This programme saw the procurement of new surgical equipment, the recruitment of more medical and surgical staff and the expansion of the visiting specialist programme. This programme along with other policies resulted in a precipitous reduction in the cost of overseas treatment. The Development of new health facilities and the financing thereof was the most challenging of all the health concerns. Dr. Ewing provided sound clinical guidance and advice to both governments during his term as DCMO and Chief Medical Officer (CMO) on the development of new hospital facilities and the implementation of a National Health Insurance Plan (NHIP).
Dr. Ewing acted as CMO on numerous occasions between 2001 and 2005, until he was appointed as CMO/Director of Health Services in 2005. Dr. Ewing saw it fitting to expand his Public Health knowledge and as such pursued a Master of Public Health Degree from Johns Hopkins University Bloomberg School of Public Health which he completed in 2008.
Dr. Ewing was the Lead of the Clinical Work stream for the new Hospitals project and was a member of the National Health Insurance Steering Committee. On both of these committees he played the role of providing policy advice in relation to the provision of clinical services in the new hospitals the protection of the interest of the people in accessing quality health care at all levels especially protecting those that are most vulnerable.
Dr. Ewing saw the need for the strengthening of the Ministry of Health to perform its function with respect to policy and regulation of the health sector. To this end he was instrumental in moving the operating level of the CMO and Chief Nursing Officer (CNO) from the level of the hospital to that of the Ministry of Health and hence strengthened the leadership, management and policy development capacity of the Ministry of Health. He was also instrumental in advocating for the establishment of critical policy, regulatory and strategic units within the Ministry of Health which included the National Epidemiology and Research Unit, the Health Planning and Promotion Unit and the Health Emergency Management Unit. These Units significantly increased the capacity of the Ministry of Health to perform Its Essential Public Health Functions.
Some of major Policies and Projects developed under Dr. Ewing’s Leadership with the assistance of his great health team were:
Treatment at Home Policy
Treatment Abroad Policy
Health Care Infrastructure Development Policy to include the development of:
MRHC and Grand Turk Hospital Operating Theatre Projects
South Caicos Clinic
Two New Hospitals
Middle Caicos Clinic
Blue Hills Clinic
Health Strategic Plans
Primary Health Care Renewal
Migrant Health Evaluation Policy and Programme
Health Care Regulations
Dr. Ewing has achieved much in the development of health care in the Turks and Caicos, but he recognizes that there is still much left to be done especially in the area of Primary Health Care, Health Care Financing and Health Care Regulations and he is committed to realizing his health care vision of a healthy TCI Population.
During his 11years at the Ministry of Health, Dr. Ewing was a member of many Boards by virtue of his position as CMO and also served as Chairman of the Health Practitioners’ Board, Public and Environmental Health Board, National Insurance Medical Board and Director of the Caribbean Health Research Council (CHRC).
Dr. Ewing is a member of a number of Health NGOs providing support to them in particular the National cancer Society, Diabetes Association and the Turks and Caicos Heart foundation. He is a Founding Member and Director of the Turks and Caicos AIDS Awareness Foundation.
Dr. Ewing upon his return home in 2001 was given permission by the Executive Council to operate a Private Medical Practice, Omnicare, which he shared with his wife since 2002. Through this practice he has been able to provide service to the wider TCI public who were not keen on attending government facilities. Through this practice Dr. Ewing has also been able to provide outreach health care services to the community in particular sporting organizations and Churches.
The Public Service and Civil Rights Leader
After the suspension of the TCI constitution and the imposition of direct rule from Britain, Dr. Ewing became frustrated by the policy direction of the Interim Administration and the manner in which policies and laws were being introduced and enacted, which had a significant negative impact on the lives of citizens in general and Civil Servants in particular. Dr. Ewing considered resignation from the service in late 2010 but decided to stay in the Service to help fight against the policies that he considered detrimental to the welfare of citizens and Civil Servants and to protect the rights of Civil Servants. In November of 2010 Dr. Ewing and a few Civil Servants formed a working group to revitalize the dormant Civil Service Association (CSA), which was revitalized on January 6, 2011 with the election of the CSA’s management Council with Dr. Ewing as President.
The CSA under the Leadership of Dr. Ewing had ongoing negotiations and dialogue with the Interim Administration to prevent the implementation of policies which they thought were not in the best interest of Civil Servants and the country. The Administration’s failure to address fairly the issues of salaries, allowances, pensions and gratuities and redundancy of Civil Servants lead the CSA to several industrial actions and improvement of some benefits in the interest of Civil Servants.
In August of 2011, Dr. Ewing, frustrated by the actions of the Interim Administration led a one man demonstration against the Governor and his Advisory Council demanding their resignation and the imposition of a democratically elected government. Just prior to this action Dr. Ewing submitted his letter of resignation to the Ministry of Health with an effective date of March 30, 2012. This gave him greater comfort and freedom to speak out against the injustices of the Interim Administration. Dr. Ewing continued his work with the CSA defending the rights of Civil Servants until his resignation from the Civil Service on March 30, 2012.
Democracy is in danger in Turks and Caicos Islands and I am a victim of this.
In July 2008 The Governor of Turks and Caicos – representing the UK Government – appointed a Commission to conduct an Inquiry into “possible corruption or other dishonesty” in Government. Hearings were held – presided over by His Lordship, Mr. Justice Sir Robin Auld – in January of 2009, concluding in February of the same year. In August 2009, His Excellency, then the Governor of the Turks and Caicos islands, Gordon Wetherell brought into force an Order in Council suspending portions of the Turks and Caicos Islands Constitution. Under this move Ministerial Government, and the House of Assembly – which is the only means of representing the people – was dissolved and all representative seats were vacated, with the promise of elections in 24 months. Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by Jury was also suspended, and confirmed recently by law. The sole political power in the Turks and Caicos Islands is now the Governor, appointed by the British government. He has appointed an Advisory Council and a Consultative Forum. However, as the appointment documents make clear, the Governor has no obligation to follow or regard their recommendations. This undemocratic move, which is totally inconsistent with Article I of the United Nation’s Charter on the Right to Self-Determination, is still the case in Turks and Caicos, and still, now nearly 2 and a half years later.
And still there is no date for elections.
My involvement in the Turks and Caicos dates from early 2005. In June of that year we purchased a private island called Dellis Cay, to develop a USD$1 billion project with the Mandarin Oriental Hotel and villas with world famous architects – including Zaha Hadid, David Chipperfield, Kengo Kuma, Shigeru Ban, Piero Lissoni and Carl Ettenspenger. The development proceeded in an unremarkable fashion, with usual succession of planning permits, from the start construction date of June 2008 to October 2009. A mixture of funds from my own resources, sales of residential units and loans from the Trinidad & Tobago Unit Trust Corporation funded the development.
In June of 2008, we bought a second island, Joe Grant Cay, from the Crown (The government of Turks and Caicos), presented the deal structure to the British Governor of Turks and Caicos – who was then His Excellency Richard Tauwhare – with the development agreement signed in November of 2008 by the new Governor, His Excellency Gordon Wetherell, with the objective of developing a resort with Bulgari Hotel and Villas.
In January 2009, in the course of hearings by the Commission of Inquiry, the Premier of Turks and Caicos disclosed political contributions by several businessperson and companies toward his party’s elections, two years before, in 2007. He disclosed a political contribution made by our company as well; which is normal all over the world, including in Britain.
Neither the Inquiry, nor the Judge, nor the Governor made any request of me, or my representatives to provide answers about these contributions. Yet, our actions were remarked upon adversely in the Commission’s report.
In June 2009, we asked the High Court of Turks and Caicos Islands to undertake a Judicial Review of the Final Report of the Commission of Inquiry, with the result that the Supreme Court called for the removal of any and all adverse references to my or our companies. In his ruling the Chief Justice agreed with us, that there was a “Clear and almost total failure by the Commission to follow its own procedures”. His Lordship stated further that I had not been given a fair hearing, and said that if any adverse statements were included in the Final Report, they should not be published.
It must be understood that even though this court is in Turks and Caicos, it is an English court, applying English law and procedures. Yet, four (4) weeks later, in July of 2009, the Final Report was published, with text unredacted, so that the adverse statements made about me and my companies, which were judged to have been unfair and unlawful, were made public; even after the Chief Justice ruled they should not be published.
Despite my attempts to cooperate and assist the lending bank for our projects to understand the issues relating to the Commission of Inquiry and their unlawful published reports, it was no longer possible to avoid the entrance into Receivership of the Dellis Cay project in favour of the Trinidad and Tobago Unit Trust Corporation in October 2009.
This failure of the Commission to follow the law has therefore done me harm because I provided personal guarantee to the Trinidad and Tobago Unit Trust Corporation.
Since that time – January 2010 – the bank has obtained a worldwide freezing order against me. The Attorney General of Turks and Caicos issued a Writ and Statement of Claim regarding Joe Grant Cay in July 2010.
I have appealed both actions.
After three (3) years, in October 2011, I was finally able to explain my side of the allegations of bribery for the political contributions above. In the meantime, my assets in Dellis Cay and the assets of buyers in that development have been destroyed; even though I have never bribed anyone in Turks and Caicos, or anywhere else.
I have been made a victim of the politics of Turks and Caicos. In English law, the saying is that “justice must not only be done, but it must be…seen to be done”. I speak now to warn that this is not the case in Turks and Caicos and to say that human rights, and property rights, democracy and justice are under threat in Turks and Caicos
Written by A.Mark Fulford,Turks and Caicos Islands,on 17th December 2009
Could it really be the UK intentions to withhold the right of freedom of expression to vote for up to five years? This is a discussion worth having.
Deciphering the recent answer by Chris Bryant in the UK Parliament to the question of the recent suspension of human rights legislation in the Turks and Caicos Islands, it seems that the UK has no intentions of returning power to the people in 2011.
Bryant states that the UK has gotten approval to withdraw the right of freedom of expression to vote for up to five years from the Governor, the TCI Advisory Council and the TCI Human Rights Commission.
Notice, Bryant did not state that approval was given by the people of the TCI, it cannot be inferred that approval was given by the TCI people simply because the interim government gave approval. The interim government was not elected by the people so they cannot and do not speak on behalf of the people of TCI according to the UN Charter.
Braynt further states that “this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.”
If the withdrawal is truly only for a limited period until July 2011, then why was it necessary to get FIVE YEARS approval.
READ IT AND YOU BE THE JUDGE.
Turks and Caicos Islands: Human Rights
MR. HOYLE: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the effects of the recent suspension of human rights legislation in the Turks and Caicos Islands; and if he will make a statement. [307236]
CHRIS BRYANT: While parts of the constitution have been suspended, the fundamental rights and freedoms of the individual are still protected under part 1 of the Turks and Caicos Constitution Order 2006, which remains in force. The Turks and Caicos Islands (TCI) Constitution (Interim Amendment) Order 2009 has removed the constitutional right to trial by jury in certain criminal cases.
The Order in Council suspending ministerial Government and the House of Assembly for a period of up to two years was brought into force on 14 August 2009. The order left the human rights provisions of the constitution in place except for the constitutional right to trial by jury in TCI, which was suspended. This provides the possibility in future of having trials by judge alone in the TCI Supreme Court in appropriate cases. This is wholly consistent with the European convention on human rights, which does not require trial by jury. A number of countries have criminal trials without a jury and even in the UK there is no right to trial by jury in every case.
On suspension of the House of Assembly, the UK withdrew its acceptance of protocol 1, article 3 of the European convention on human rights in respect of the Turks and Caicos Islands, which requires contracting parties to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. However, this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.
With the approval of the Governor, the TCI Advisory Council and the TCI Human Rights Commission, the right of individual petition, which had previously been accepted in respect of TCI for FIVE YEARS was accepted on a permanent basis in October.
