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Former Premier of the TCI Michael Misick writes to the UN High Commissioner for Human Rights

 

Michael Eugene Misick, LLB

Former Premier, Turks and Caicos Islands

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Wednesday 18 April 2012

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.”

I remain, Yours sincerely,

Michael Misick

Former Premier

Turks and Caicos Islands

 

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PDM READY TO RULE TCI


The People’s Democratic Movement (PDM) kicked off its political campaign Wednesday night, April 11, with a high-energy rally at its headquarters down town Providenciales, to drum up support among its base and the wider public in anticipation for elections this year, also using the event to express its readiness to take the reins of government once again.
Distributing party campaign T-shirts with a call for elections this year emblazoned across the front, many of the speakers, including party leader Derek Taylor, announced that a PDM Government would reverse majority of the laws now being implemented by the Interim Administration, while easing the current economic and social burden now being faced by the populace.
Taylor announced that the 10-year vision that the PDM crafted for the country sometime ago, which would bring prosperity for all the people of the country, was still relevant, and would be used as a vehicle in the party’s pursuit for political office.
He said that the PDM would reopen the civil service for employment, while balancing the budget without putting the people under duress, a feat he said was accomplished in the past by that party. Taylor said also that he would introduce legislation to create a development bank so that local businesses would be able to access loans at cheaper interest rates, while seek to introduce an equal pay law, so as to create income parity in the respective categories within the job market.
Party members said the PDM would also revisit the InterHealth Canada contract, which they said was not serving the best interest of Turks and Caicos Islanders, especially those who had lost their jobs. They said also that the Immigration and Labour laws would also be put under the microscope so as to safeguard the borders, while giving Turks and Caicos Islanders a fair shake in the job market.
“We envision a Turks and Caicos Islands with long term economic stability, and that can only happen under a People’s Democratic Movement government. We are not going to have this nonsense again,” Taylor said, referring to the economic abyss in which the country has found itself. “And we are going to engage each other every step of the way. You are going to have a government that is open, that you can challenge, that you can honestly sit down and talk to.”
“We envision a vibrant economy of Turks and Caicos Islanders that are able to sustain and exceed the growth of the past. And we envision a Turks and Caicos Islands where a strong economy and social empowerment are the order of the day for all Turks and Caicos Islanders.
“We will introduce equal pay legislation, to ensure that all workers are paid based on the work performed rather than on race, colour, gender or national origin. This will give further emphasis to what have already been expressed in the Constitution of the Turks and Caicos Islands,” Taylor said.
Addressing the issue of setting up a financial institution that would provide Turks and Caicos Islanders, especially those who would be able to access loans from commercial banks, with loans at cheap interest rates, Taylor declared: “In 2003, we had already engaged the Caribbean Development Bank; we had already engaged European investment bank, with the intention of making sure that Turks and Caicos Islanders and Turks and Caicos Small businesses are able to access loans at lower interest rate.
“We are going back and we are going to engage those two financial institutions – one in the Caribbean and the other in Europe with the intention of lowering the interest rate, and we are going to again legislation for a development bank.”
In the meantime, the PDM Leader lashed TC Invest for not serving the interest of small businesses, stressing that the interest rate that it was imposing was higher than that of commercial banks.
“TC Invest was not put in place to make a profit at the expense of our people. Yes, we have to take care of administration overheads, but there should be no reason why the interest rate from TC Invest should have been higher than the commercial banks.
Taylor said also that a PDM government would utilize the Small Business Enterprise Development Centre to provide training for small business entrepreneurs and those facing problems in their businesses.
On the matter of education, Taylor pointed out that monies collected from the private sector for scholarships would be placed in a special fund by his administration, that would go solely towards its intended purpose, instead of funneling into the consolidated fund, which he said was the current practice.
“We are going to make sure that the private sector contribution towards scholarships would be placed in a special fund as we had it before, in order that you can know exactly the contribution from the private sector towards scholarships, and we are going to make sure that the private sector businesses benefit from the same also.
“Under a Derek Taylor administration, you can go sleep and wake up in the morning knowing that the public purse is intact, and it would not be attacked. You can rest assured that there will be responsibility and accountability,” he said.
Among the other speakers at the event were National Chairman, Reuben Hall; National Treasurer, Dwayne Taylor; National; Secretary General, Euwonka Selver; her father and former deputy leader of the party Clarence Selver; Cheryl Astwood-Tull; O’Neil Delancy; and Samuel Harvey.

published in SUN,Turks and Caicos Islands 17th of April

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PDM’S PUBLIC MEETING ON 11TH APRIL at 07.00 PM

ImagePDM invited residents to attend public meeting of the party,to announce the vision for takin g TCI forward.The meeting will be on 11th of April at their Providenciales Party Head Quarters at 07.00 pm

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TCI CEO Patrick Boyle SNIPES at Political Parties

Chief executive officer of the interim administration, Patrick Boyle, took to the airwaves on the Expressions radio show last week to express his frustration with the criticism being leveled at the interim government. 

patrick_boyle.jpg
CEO Patrick Boyle

Boyle complained that both political parties have failed to provide “policy agendas” that lay out their plans for moving the county forward.

Boyle went on to say that the sole agenda of the interim government was to repair the damage caused by the previous administration of the Progressive National Party (PNP). 

“We are putting in place a government which places more power in the hands of the permanent secretaries and their deputies to lay the groundwork for future development,” he said. 

The CEO also spoke of the interim administration’s move to provide an improved civil service. This move has resulted in the hundreds of civil servants accepting payoffs to volunteer for permanent layoffs. This is costing the taxpayers of the TCI almost $8 million, with settlements described as “severance” ranging from $1,000 per person to one unnamed civil servant receiving a payoff of $194,000.

There has been no announcement by the interim administration for training of the current public service. This, it appears, is being left up to the permanent secretaries and their deputies, which by and large are the exact same people that have held these or similar positions throughout the removed PNP administration.

Boyle went on to point out that, in his view, political activists were wasting their efforts on chiding the interim government. 

The print media picked up on Boyle’s remarks and, in an article in last week’s TCI Weekly News, reporter Vanessa Marina reminded readers that, since the total reformation of the Peoples Democratic Party in November 2011, the party has remained silent, not releasing any plans for the country, opting instead to call for the earliest possible election. 

The Weekly News article reported that the PNP was concerned that the party might not survive the pressure being applied by the interim regime and the special investigation and prosecution team (SIPT). 

A dozen former PNP ministers, their attorneys, the current PNP leader and former Speaker of the House, plus their close relatives, are all due in court this month to answer a wide range of criminal charges. Also being charged are developers who are alleged to have provided bribes and very large campaign contributions to the PNP. Former PNP premier Michael Misick has refused to return to the TCI and is now sought by Interpol. 

The SIPT has indicated their investigation has uncovered evidence that could result in at least another 50 individuals being charged. Those charged to date have included only those connected with the PNP. 

The possibility of the end of the PNP was picked up by television when PTV 8 aired a review of the recent PNP rally, where the agenda was to call for the salvation of their headquarters building, which Attorney General Huw Sheapheard has said must be demolished because it was illegally constructed on Crown land. 

The television reporter said, “The pressure on the PNP party by the charges of corruption in government have seemed to challenge their existence.”
 published in TCI News

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DEMOCRACY IS IN DANGER IN TURKS AND CAICOS ISLANDS AND I AM A VICTIM

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

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What is happening in Turks and Caicos Islands with British Direct Rule?



PROVIDENCIALES, Turks and Caicos Islands — Shaun Malcolm, former chairman of the Peoples Democratic Movement (PDM), and Oswald Skippings, former chief minister of the Turks and Caicos Islands and former deputy leader of the PDM, both strong advocates for the suspension of the constitution and the removal of the democratically elected Progressive National Party (PNP) government along with their own party’s parliamentary representatives, have now apparently reversed their positions. 

The pair has recently openly attacked the interim government, with Skippings publishing two controversial opinion pieces, where in one he gave a pass to now disgraced former PNP premier Michael Misick, claiming that Misick was not the master or the mind that masterminded the corruption in the Turks and Caicos Islands. In the other commentary, Skippings protested that there seemed to be little benefit in removing a corrupt regime. 

Shaun Malcolm, on the other hand, has recently had several letters published in the TCI Journal weblog. These letters were apparently published with the intent of exposing the alleged corruption of the interim administration. 

Malcolm is believed to have been the only person that appeared on behalf of the TCI Journal at press conferences hosted by former Governor Gordon Wetherell. Local sources have reported that Malcolm and TCI Journal co-founder Gurcharan Singh are currently facing legal difficulties in the United States, UK and Canada. Singh is said to have fled the South Florida area to hide from creditors and civil law suits that allege serious financial wrongdoing. 

These former supporters of British direct rule seemed hopeful that their commercial activities would be supported by a British-led Government in the Turks and Caicos Islands. 

An aviation company formed by Malcolm and another PDM national governing council member who openly campaigned for Skippings to become leader at previous PDM conventions, was touted as having secured some 99 acres of very valuable land in the Providenciales International Airport on a long term lease. This transaction alone would have made them all instant multimillionaires. Land around the airport sells for $500,000 per acre. The transaction was supposedly backed by an expatriate developer of the exclusive Aman Resort in Providenciales, where the hotel villas rent for some $15,000 per week. 

Former premier Michael Misick had alleged that former Governor Gordon Wetherell was bestowed with lavish gifts from the resort in exchange for favourable immigration appeal decisions but this was denied by the former governor. 

However, sources within the interim government allege that the proposed airport transaction reeked of favouritism and special treatment and the interim government would not be in the business of making instant multimillionaires with Crown land as the main variable in the transaction. Malcolm’s local company apparently invested nothing in the transaction but was using local contacts and purported support of the British government as leverage. 

In any event, the airport deal has now apparently collapsed, with the Turks and Caicos Islands Airports Authority (TCIAA) entering into a commercial transaction with international ground handler ServiceAir. 

A complaint over the ground handling matter has been lodged with the Foreign and Commonwealth Office (FCO) by another local supporter of the suspension of parliament, Albray Butterfield Jnr, who owns TCA ground handling. He was also the choice to be deputy leader of the PNP but later had to resign after a majority of PNP national governing council members voted against the appointment. Butterfield has complained that the government should not be in the business of competing with local business. 

Now that the multimillion dollar deals have soured, these former politicians and strong supporters of the suspension of the constitution appear to have turned against the British government. 

Butterfield has now sent another open letter accusing the governor of various nefarious deeds.

published on 10th of March 2012 in Caribean News Now