INDEPENDENCE for the Turks and Caicos Islands is up to the people, according to Parliamentary Under Secretary of State at the Foreign and Commonwealth Office (FCO), Mr Henry Bellingham.
There has been much talk about an independent TCI by local politicians and Progressive National Party (PNP) leader, Dr Rufus Ewing, last week confirmed that independence will be a part of his platform going forward.
An independent TCI is appealing for many TC Islanders who are disgruntled with the Brits after three years of interim administration rule.
Bellingham, in an interview with the Weekly News, acknowledged the people’s sense of dissatisfaction, but noted that the decisions made by the interim administration were in the interests of a better TCI in the long-term.
“We have had to make some tough decision so I can understand the interim administration was somewhat unpopular,” he said.
The Under Secretary noted that these decisions are what will allow the new TCI Government to take over a very strong position, with a reformed public service, a budget surplus and a new constitution.
ESTABLISHED ROUTE
He said the new constitution sets out clearly what needs to be done if the TCI people decide they want to be an independent nation.
“There is a well-established framework in the constitution for the TCI people to have self-determination,” Bellingham said.
However, he stressed the need for decision makers to be realistic.
He said, “It will have to be a transition to have home rule, we have elections coming up and that is one step toward what is looking to be a bright future for the TCI.”
The Under Secretary added that the United Kingdom government in their White Paper, which will be published shortly, shows commitment to its territories.
Bellingham said, “We will invest in our territories to make our partnership a true reality.
“We want to give the territories a bankable proposition, for example, so that when they go into the capital markets they have all the support, partnership and protection they need.
“We believe that the Overseas Territories benefit a great deal from the UK, it is a mutually beneficial partnership.
“But we also make it clear in the White Paper that the future of the people is in their own hands and so we believe in self-determination, we are not neutral on this.”
According to him, once there is a majority vote in Parliament, a referendum will follow and independence will be granted to the TCI because it is the wish of the people.
He said, “It is very simple, the people of the TCI, if they want independence it is up to them, self-determination means exactly that.”
CHECKS AND BALANCE
Until then, Bellingham maintained that there will be some checks and balances in place to support good governance and accountability, for example with the Chief Financial Officer (CFO) ordinance.
Having a CFO appointed by the UK was one of the conditions set by the UK government in the provision of the $260m loan guarantee, which was agreed on in 2010.
Without the guarantee, it would not have been possible for TCIG to access the funding it needed to function and to provide public services.
The agreement allows for the CFO to be retained for as long as any UK loan guarantee is in force – currently up to 2016.
The Under Secretary said once the loan is repaid and the guarantee is no longer needed a UK appointed CFO will no longer be a condition, a fact corroborated by the current CFO, Mr Hugh McGarel-Groves.
Bellingham said, “Working together we can achieve a great deal…the future is very bright for the TCI.”
Asked if the UK wanted to retain control of not only the TCI, but also the five other British Overseas Territories in the Caribbean, he reiterated that the UK supports self-determination.
Along with the TCI, the other Overseas Territories include Anguilla, Bermuda, British Virgin Islands, Cayman Islands and Montserrat.
Bellingham stressed that the future of the people is in their own hands.
NOT READY
Retired politician and former PNP Leader, Mr Daniel Malcolm, maintained that this is a future that the TCI is not ready for.
“Self-determination is where the government and the people of TCI, and other territories like us, make advances toward greater political, social and cultural determination or say within the framework of their own situation,” he said.
Malcolm contended that the Turks and Caicos Islands is much too young for independence, but noted that achieving a measure of self-determination is a move in the right direction.
He said, “We are at least 10 years away from being ready for independence…we must develop our country and our people so that when we move to independence we will do so from a position of strength.”
According to him, the ultimate goal of decolonisation is independence, but there are other options that can be looked at on that road, such route taken by Bermuda.
Bermuda is a self-governing British overseas territory in the western North Atlantic Ocean.
The original system of government was created under the Virginia Company, which colonised Bermuda, accidentally in 1609, and deliberately from 1612.
The country’s 1968 Constitution provided the island with formal responsibility for internal self-government, while the British Government retained responsibility for external affairs, defence, and security.
The Bermudian Government is always consulted on any international negotiations affecting the territory.
Legislative power is vested in both the government and the Parliament.
Currently, most of the Overseas Territories have a House of Assembly, Legislative Assembly (Cayman Islands), or Legislative Council (Montserrat) with political parties.
The Executive Council is usually called a cabinet and is led by a Premier or a Chief Minister (in Anguilla), who is the leader of the majority party in parliament.
The Governor exercises less power over local affairs and deals mostly with foreign affairs and economic issues, while the elected government controls most ‘domestic’ concerns.
Malcolm maintained that the road ahead will be a long one, but with the right expertise and strategic moves, the TCI will be in a position of strength when the time comes for it to take its place as a nation independent of the UK.(Vanessa Narine)
General elections, which will return the Turks and Caicos Islands to self-rule, will be held on November 9, 2012. This was announced by the Secretary of State for Foreign and Commonwealth Affairs William Hague in London on Tuesday June 12th. “I am pleased to inform the House that the interim government in TCI, led by the Governor and supported by TCI and UK public servants and specialist advisers, has made significant progress with an ambitious reform programme. We now judge there has been sufficient progress, on the milestones and on putting in place robust financial controls, to set 9 November as the date for elections,” Hague said.
NEWLY elected leader of the Progressive National Party (PNP), Dr. Rufus Ewing, contends that the Turks and Caicos Islands (TCI) is ready for independence.
Ewing, speaking at a press briefing at the PNP Headquarters on Wednesday, noted that the party has taken a resolution to support the move towards independence.
He made it clear that the PNP is pro-independence and going forward any moves the party makes will take into consideration an independent TCI.
The PNP Leader acknowledged that there are a few things that can be improved on before the step towards independence is taken.
According to him, the people need to be educated on the pros and cons of independence.
However, he reiterated that the TCI has long been ready to assert itself independent of the United Kingdom.
Ewing stated that before any decision is taken the views of the people have be taken into consideration, adding that the new PNP will move towards an approach that seeks to increasingly involve the people of the TCI in decision-making.
When asked about a possible timeframe for the attainment of independence, the PNP Leader noted that because this is something that needs to be approached strategically, setting a timeframe would be premature, particularly considering that the return to democratic rule has not been confirmed to happen this year.
Ewing said in going forward, independence has to be planned and strategically implemented in stages to achieve the vision leaders have for the TCI.
He maintains that independence is not to be rushed.
In a prior interview in April, Ewing made it clear that independence is ultimately up to the people, adding that developmental milestones that are advanced by an elected government will indicate the country’s readiness for independence.
“My duty is to prepare the people for that day,” he said then.
10 YEARS AWAY
Former PNP Leader and retired politician Daniel Malcolm addressed the issue of independence in an interview with the Weekly News in the latter part of March.
He contends that the TCI is too young for independence, but noted that achieving a measure of self-determination is a move in the right direction.
“We are at least 10 years away from being ready for Independence…we must develop our country and our people so that when we move to Independence we will do so from a position of strength,” he said.
However, Malcolm, like Ewing, stressed that TCI must prepare for that eventuality down the road.
“Self-determination is where the government and the people of TCI, and other territories like us, make advances toward greater political, social and cultural determination or say within the framework of their own situation,” he posited.
The former PNP Leader was recently been invited to join the Special Committee of experts with regard to the implementation of the Declaration on the Granting of Independence of Colonial Countries and Peoples.
This endeavour is supported by the Decolonization Unit of the Department of Political Affairs, which is part of the United Nations (UN) Secretariat, via monitoring the implementation of the Declaration, hearing statements from the non-self governing territories, organizing an annual regional seminar and making recommendations regarding the dissemination of information on the decolonization process.
Governor Ric Todd in addressing the issue of independence in the past has said unequivocally that the United Kingdom would grant independence to the TCI, if that were the choice made by the TC people. (Vanessa Narine)
published in TCI Weekly News on 12th of June 2012
PROVIDENCIALES, Turks and Caicos Islands — Britain’s minister with responsibility for the Overseas Territories, Henry Bellingham, arrived in the Turks and Caicos Islands (TCI) on Monday, on a previously unannounced visit, accompanying Governor Ric Todd on his return from a five-day trip to the UK to consult on the progress towards the “milestones” previously set down by Bellingham.
These milestones must be completed or clearly on the road to completion before Britain will agree to elections being resumed in the TCI to return a democratically chosen government to replace the current interim administration by Britain following the imposition of direct rule in 2009.
Hopes are high locally that the purpose of the surprise visit by Bellingham will address this issue of elections.
One of the issues relating to the election is voter registration, which is moving much more slowly than expected.
In the last election of February 2007, almost 7,000 people turned out to cast their votes. As of this week, only approximately half of this number has registered, with a registration deadline at the end of June.
In addition to the 7,000, it is estimated that approximately 2,000 more TC Islanders have come of age and are therefore qualified to vote. It is, however, not known how many of the past voters may now be excluded under the new registration qualifications.
Another problem being reported is the slowness in the issue of the required birth certificates. The presentation of an original birth certificate must accompany each voter registration.
One Providenciales resident, who is a former candidate for public office, has made several visits to the government offices in Provo attempting to expedite his birth certificate, which he applied for six weeks ago. While the interim government has since reduced the cost of the certificates from $40 to $20, this prospective voter had already paid his $40.
Another factor affecting the election is the current status of the political parties. The Progressive National Party (PNP) has had its senior executive gutted as a result of criminal charges brought against its former leader, five former ministers and one backbench member, who are scheduled in court next month to answer various allegations of bribery, corruption, money laundering and related charges.
However, the PNP now appears to be ahead of the other main party, the Peoples Democratic Movement (PDM), in setting up its new executive in anticipation of resumed elections.
While former chief minister Derek Taylor was elected to lead the PDM in November last year, it now appears he may not survive a strong challenge by another former chief minister, Oswald Skippings. Sources within the party, most media commentators and other local observers believe that, due to Taylor’s recent inactivity, he must be replaced. It also appears that, if Skippings is successful, this could signal a change in other elected and appointed party executives.
On Monday,07th of May the Governor published Quarterly Milestones Update. The Governor is aware that these Updates are highly anticipated for one principal reason: any indication they might give as to a date for elections. Like people anywhere who have been disenfranchised, the people of the Turks and Caicos Islands yearn for the return of their universally recognized right to elect and be governed by their own representatives. The British Government knows this as well: it is the same principle that they went to war for in Iraq, and continue to fight for and promote around the globe. Yet it is one they continue to deny in the TCI.
As for the 7 May Update, the words that caught most people’s attention were these:
“It is clear that while significant progress has been made in many areas, further work remains to be done before UK Ministers can judge significant enough progress to allow them to reinstate the Constitution, thus triggering fresh elections.”
Most people see this as a walk-back from the previously clear indication that elections will be held before the end of 2012. It appears to be part of a continuing pattern of borderline deceptions that include leading us to believe that HMG would bear the cost of SIPT!
It is a reckless and dangerous way to conduct the serious business of governance. As I travel around the Islands in my campaign for the leadership of the PNP, I sense a rising tide of frustration with the Interim Administration’s fixation on Milestones progress as opposed to the welfare and well-being of real people. The growing attraction of full independence is fed by this frustration as much as it is by the arrogance, insensitivity and double standards that have come to characterize the British mission here.
In my first address as Chairman of the Consultative Forum, I said that the best job the Forum could do for the people of the TCI is to work itself out of a job as quickly as possible. I resigned more than two years ago to undertake the far more important work that I am currently doing, and almost three years on the Forum is still firmly in place with no apparent end in sight.
So we are halfway through the year and suddenly doubt has been cast on the widely accepted belief, created and encouraged by the Governor and his bosses that elections will be held before the end of the year.
Many people will find that disappointing and discouraging and the only way to repair the damage now is for the Governor to expressly confirm that elections will be held before the end of the year, to name the date and to make the Milestones fit that date. They are after all his milestones, not ours!
Having had the opportunity to gauge the mood of the people, I have come to the view that an early date for elections is the single most important item on our agenda of things to be settled with the British. If that continues to be denied I will, as Leader of the PNP, and after close consultation with my Party’s Executive and with their support, devise and pursue such strategies as may be necessary to restore this most basic of human rights to the people of the TCI.
PLP leader Perry Christie (R) and his deputy Philip ‘Brave’ Davis celebrate their party’s election victory on Monday night. Photo: Donald Knowles
By Erica Wells Nassau Guardian Managing Editor
NASSAU, Bahamas — Perry Christie led his Progressive Liberal Party (PLP) to a landslide victory in Monday’s general election in The Bahamas, wiping out Hubert Ingraham and the Free National Movement (FNM) in one of the biggest wins in Bahamian political history.
The PLP appears to have won 29 of the 38 seats in Parliament — 20 in New Providence, three in Grand Bahama and six in the Family Islands, according to unofficial results.
It appears as if the FNM has managed to hang on to only three seats in New Providence, two in Grand Bahama and four in Family Islands.
“I would like to extend with the deepest humility my thanks to the Bahamian people for reposing their confidence in me and my party and for doing so in such a powerful and unequivocal voice. Now that the general elections are over, the hard work must now begin,” Christie told thousands of jubilant supporters who gathered late in the evening to celebrate the PLP’s victory. “I pledge to you that I will give my very best and my colleagues who will join me in the new wild bandito gacor government will do the same. Great challenges lie ahead, but with God’s grace and the support of the Bahamian people, we will overcome the challenges and restore peace and prosperity to our beloved land.”
Outgoing Prime Minister Hubert Ingraham conceded defeat shortly before 10 p.m. at the FNM’s headquarters. He also announced that he would not lead the party in opposition and would resign his seat in parliament, ending a more than 30-year career in frontline politics. He led the FNM to victory in 2007 and previously served as prime minister from 1992-2002.
“I shall return to private life from whence I came,” Ingraham told solemn supporters.
He said:”The Progressive Liberal Party has won the election. I want to publicly congratulate (Christie’s) party.”
It was a short and bitterly contested campaign that led many political pundits to predict in the lead up to the election that the race was too close to call. That did not turn out to be the case.
The outcome of this general election represents a massive miscalculation by the FNM of its support among the electorate.
On Monday, Governor Ric Todd released a comprehensivereport on the progress to April 2012 towards the required milestones imposed by Britain before elections will be resumed in the TCI.
Governor Ric Todd
Since 2009, Todd said, the interim administration has been working to stabilise the economic position of the Turks and Caicos Islands, update laws and legal safeguards to ensure impartial decision making in government, tackle the necessary changes in land and immigration matters, put in place robust public financial control and create a more efficient and effective public service. Progressively, as the changes identified are implemented, UK ministers will be in a more informed position to decide when the time is right to restore a locally elected administration.
Milestone 1 – Implementation of a new TCI Constitution Order
The preparation of a new Constitution was completed in July 2011 and the new Constitution is ready to be put into effect when progress has been made on the other milestones. It will be brought into force thirty days before elections, when a date is decided by ministers in London. Preparations required to be ready for an election were described by the Governor’s Office in October last year, since then they have been progressing steadily and require a few more months to be completed:
• A national census to provide a more accurate measure of the population of TCI began in late January. Enumeration finished in April and a summary of the enumeration exercise is expected to be published soon.
• An updated Elections Ordinance to tighten up the voting procedures, including the arrangements for conducting the ballot for the new ‘All Island’ candidates has been consulted upon widely and the text is completed. It is scheduled to become law in May.
• Drafting instructions for a new law on the conduct of political parties, as recommended by the Commission of Inquiry report, are with a legislative drafter. These define the intention to establish acceptable sources of political funding, campaign methods and accounting practices. Completion is intended for June 2012
• Electoral registration of voters by the Elections Office commenced in April, supported by a project led by the Ministry of Border Control and Labour to verify TCIslander status and issue secure documentary proof of status. This process will continue until 30 June 2012.
A provisional Register of Electors is expected to be published in July. Dependent upon the number of challenges to be resolved during July, a final Register of Electors will be published in August or September. An Electoral Boundaries Commission, scheduled for July, will define the ten new electoral districts and a new Boundaries Ordinance will be prepared in August. Election information and poll worker training is in preparation and will be ready for implementation in the summer.
Milestone 2 – Introduction of new ordinances
Several improvements to the laws of the TCI were identified by the Commission of Inquiry and, subsequently, others were found to be necessary. The programme of drafting new ordinances started eighteen months ago and, in conjunction with a team of legislative drafters funded by the European Union, several further ordinances are in preparation. This ‘ordinances’ milestone mentions requirements for new laws on specific topics:
• The Integrity Commission (Amendment) Ordinance came into force in March. It widens the number of public office holders in TCIG, the statutory bodies, uniformed services and future elected leadership who are required to give personal and financial data about their interests to the Integrity Commission. Information from individuals is assessed against its standards and those in compliance are granted a Certificate of Compliance. This certificate is a necessary requirement to hold public office. The ordinance also reinforces the independence of the Commission from government influence.
• A second, and complementary, ordinance is being prepared by the EU-funded drafters to confer increased powers upon the Integrity Commission for its investigations into suspected fraud and corruption.
• Considerable progress has been made in completing new public financial responsibility ordinances. The Public Financial Management (PFM) and National Audit Office (NAO) Ordinances were put into force on 1 April. The PFM Ordinance defines the new financial management and control procedures to be followed by all public servants in ministries, statutory bodies and any service receiving public funds and creates new criminal and civil penalties for failures in administration. The NAO Ordinance creates a strengthened, independent audit and investigation function over public finances, with direct reporting to the Governor
• A further financial management ordinance is in preparation to define the role of the Chief Financial Officer within the restructured TCIG civil service. This position is a requirement of the UK government loan guarantee and is specified in the 2011 Constitution Order. Completion of this ordinance following consultation is expected in June.
Milestone 3 – Establishment of robust and transparent public financial management processes
Emphasis under this milestone has focused on continued implementation of existing financial controls and the additional requirements in recent legislation:
The new PFM Ordinance came into force on 1 April 2012 and introduced a wide ranging set of verifiable accounting and compliance requirements. In particular, it sets out a clear mechanism for budget control and specifies the delegation of financial responsibilities within ministries. It also addresses financial management within statutory bodies. Public resources are only allocated to statutory bodies through a formal Letter of Sponsorship from a sponsoring ministry and these bodies must now conform to the same financial regulations as government ministries and departments. There has been wide consultation on the new law and further training and in depth briefings should be completed by the end of June
The Audit Department in TCIG is also being reformed into two distinct bodies: the National Audit Office, a statutory body that will operate outside ministerial control, and the Chief Internal Audit Department, which will focus on internal government controls, risk management and governance processes across TCIG. The National Audit Office (NAO) is mandated by the NAO Ordinance approved and scheduled to come into force on 1 September 2012. The operations of the new Chief Internal Audit Office are described in the PFM Ordinance
The TCIG Budget for 2012/13 will be approved on 23 May. Additional time was allowed for new Permanent Secretaries, who took up their posts on 1 April, to carry out a review of their new ministries and submit pragmatic budget bids for their revised areas of responsibility
The PFM Ordinance conferred an Accounting Officer role on all Permanent Secretaries from 1 April 2012. Permanent Secretaries are now legally responsible for the proper use and accounting of public funds by all departments within their ministry, as well as statutory bodies that fall under their remit. In the case of statutory bodies, financial powers are delegated to Directors/CEOs who are held at the same standards as a Permanent Secretary/Accounting Officer
Work is in progress to improve the speed and quality procurement and contracting processes used by TCIG by reform of the present central procurement model, development of a central contracting unit and introduction, where appropriate, of other forms of contract management such as category management, pricing and market testing, framework contracts and proactive management of existing contracts to ensure the public get good value for money.
Milestone 4 – Implementation of budget measures to put the TCI government on track to achieve a fiscal surplus in the financial year ending March 2013
This is a milestone that will continue to demand vigilance. Public expenditure overall for the last financial year (up to 31 March 2012) was lower than the previous one, although unplanned events pushed the final total off-track. This was due in part to the need to tackle the NHIB funding shortfall for the hospital contract and to cover more unpaid bills from the past that surfaced during the year, such as disputed medical treatment expenses with overseas providers and accumulated electricity charges and debts.
An intense and challenging budgeting round has been held since January alongside the slimming down of the number of ministries to five. The new budget is expected to confirm it is possible to achieve and sustain a financial surplus in TCIG’s current (checking) account.
Creating a surplus in TCIG’s annual accounts, where more money is received than expended, can be used to invest wisely in replacing key elements of the national infrastructure, as well as paying off part of the national debt. It is absolutely essential to rebuild the country’s creditworthiness in the eyes of the international community. Over time, restoring an acceptable credit rating for TCI will permit the country to refinance the remainder of its debt at an affordable interest rate when the UK loan guarantee expires in 2016.
Whilst government revenues have improved and public expenditure has fallen, the ability to produce a financial surplus in TCIG’s annual accounts requires vigilance to recognise and mitigate possible external economic shocks, for example major unplanned expenditures or changes in the costs of imported fuel and goods. During the last quarter:
• Considerable effort has been made within TCIG to contain the public sector budget into the future. A voluntary severance scheme was largely completed at the end of March when over 400 people left the civil service. This exercise has reduced the size of the civil service to its 2004 level
• Revenue income has been improved by more rigorous enforcement of existing charges. Further work in this area should tackle the apparent 40% drop-out rate in business licence renewals and gather in payments to TCIG required under Development Agreements
• There are still too many statutory bodies and several have salary levels and terms and conditions that are more generous than their sponsor ministries. Around $10m was spent in the last financial year on running these bodies and for most little or no assessment of their value for money has been undertaken. In January there were 37 bodies in existence. Whilst some are essential or required by the Constitution, they still need to prove their worth alongside the others. By the end of April three bodies were wound up: TC Invest, the Business Licensing Committee and the Business Licensing Appeal Tribunal. Their functions where still necessary have been reabsorbed into TCIG or ways have been found to provide them in a more efficient manner. As a precursor, the Ministry of Finance has placed the same requirement on statutory bodies as for ministries to reduce operational costs in 2012/13 by a further ~25% compared to the last financial year. It is expected this should be achieved by improving operational efficiencies and cutting out unnecessary expenditure. For example, the NIB and NHIB have been asked to combine their separate and duplicative contributions collection operations. Both schemes require payments to be made from salaries and other incomes so a practical plan for joint working should be possible
• Permanent Secretaries now have to sponsor each statutory body and they have been asked to identify if further bodies should be considered for closure, merger or transfer to the not-for-profit sector. Where changes have been identified they will be taken forward by ministries in the coming months and for those that will continue, very close scrutiny of individual business cases will be given to those that require their boards to be renewed on 31 May
• During this quarter, following intensive work by the Ministry of Finance, the compilation of the national accounts for the years of 2008/09 and 2009/10 were completed, alongside the better evidenced accounts for 2010/11 and 2011/12. TCIG is eager to publish these to demonstrate the trend in financial improvement and will do so once they have completed external audit. This audit step is under way for some time but the number of weeks it will take to complete is outside the of the control of TCIG
• A VAT Green Paper was published in March that lays out steps to be taken up to April 2013 to reform the tax system by introducing this change. It also informs the commercial sector of the preparations they will be required to undertake
• The TCIG’s economic planning team have been brought into the core of government and delivered two important tasks since January. First, they organised and led a meticulous and comprehensive national census and are now busy compiling and analysing the data. Second, work has begun on a medium term economic plan. Whilst this work requires further data to be collected from within TCIG and key business sectors, it is expected a report will be available for wider review and consultation from June. An economic development plan is an important step for TCI to show to the international community it has a sound view on what it seeks to achieve in maintaining and growing the economy over the next five years.
Milestone 5 – Implementation of a transparent and fair process for acquisition of Turks and Caicos Islander status
The nationwide consultation exercise led by the Consultative Forum ended in February. Over 140 email submissions were received, many of which represented a number of people. One submission, from The Men of Grand Turk, was signed by 387 Islanders. Hundreds of people attended a series of public meetings held on all of the islands. The high level of public engagement with this exercise was very welcome. In mid-March, the Consultative Forum met to confirm the messages received in response to the consultation. These messages are now being built into the preparation of a new ordinance to meet the milestone.
A transparent and fair process requires more than new law: it needs to be supported by clear policies and procedures and administered consistently by capable staff. The Ministry of Border Control and Labour is continuing to implement its comprehensive change programme, launched last year, to institute clear policies and consistent, lawful practice at every stage in the system. The aim is stronger borders, targeted and prioritised enforcement, effective employment services, and accurate and secure services for citizenship, civil registration and permanent status.
Achievements in the first quarter of 2012 include:
• Clearance of the long-standing backlogs of PRC and nationality cases
• Apprehension and removal of some high-harm individuals from TCI
• Significant progress towards putting the coastal radar system into operation. The mast and base facilities are being renovated and a recruitment exercise for radar operators is under way. A contract was let for the installation of radar equipment and work is planned for May and June.
Milestone 6 – Significant progress with the civil and criminal process recommended by the Commission of Inquiry, and implementation of measures to enable these to continue unimpeded
Thirteen people have been charged with criminal offences by the Special Investigation and Prosecution Team since late 2011. It is understood a number of lines of inquiry are still under investigation.
• In April sufficiency hearings before a judge were held for eleven of the defendants. Four defendants conceded there was sufficient evidence against them to stand trial and for the remainder the judge found there were sufficient grounds for all counts to be taken forward for trial. A further sufficiency hearing is scheduled for May for the other defendants and a plea and directions hearing, at which trial dates are expected to be set, is fixed for July
• The FCO announced a grant of £3.8 million at the end of April to reimburse costs by the SIPT investigations in 2011/12. A further grant of £745 000 was also made by the UK to cover construction costs to rehabilitate the court facilities on Providenciales
• The pursuit of civil recovery cases has continued actively throughout the last quarter. This work is detailed and the prospect of further recoveries remain strong
• Work has continued since late 2011 to prepare three new ordinances: Crimes Ordinance, Criminal Procedures Ordinance and a Legal Professions Ordinance. Initial drafting has been completed and it is expected these will be published by the AG’s Chambers in draft form for consultation in May or June 2012.
Milestone 7 – Implementation of a new Crown land policy
This milestone was completed when the Crown Land Ordinance came into force in March. To ensure the new arrangements for Crown land are implemented successfully various reforms are in place:
• The management of Crown Land, land valuation and land surveying has been moved to the management and control of the Attorney General
• A new Commissioner of Lands has been appointed and is answerable to the Attorney General
• The final approval for the sale of Crown Land in the future will be signed off by the Governor’s Office.
An outstanding matter is the recruitment of a permanent Land Registrar. The UK has agreed to fund further temporary assistance until the summer to provide a further opportunity for a suitable person to be found.
Milestone 8 – Substantial progress in the reform of the Public Service
This reform is not simply a matter of re-sizing departments or moving people from one team to another. It involves changing attitudes in the workplace, innovating new methods of working and reorientation of activities to provide the general public with a more welcoming and friendly service. This milestone involves creating the conditions for impartial policy-making, establishing sensible boundaries to ministerial influence in the internal affairs of a ministry, adjusting the number and structure of ministries and units, and improvements in the volume and quality of services delivered:
• Nine ministries and 13 permanent secretaries were reduced to five each on 1 April
• Following the voluntary release scheme the civil service has returned in size to its 2004 level. No further major rationalisation is expected but the recruitment freeze will continue, except in justifiable cases, and remuneration arrangements will be unaltered
• Further performance management, service quality and policy-making training for the new PSs, managers and key officials in TCIG will be undertaken during 2012
• A new Directorate for Human Resources has been created to replace OPSM
• A new Public Service Ordinance is being prepared by the EU-funded legislation team, together with a rewritten set of General Orders. One intention of this work is to return the determination of staff discipline and performance management to line managers within ministries and give a new, strategic role to the Public Service Commission. These changes are expected to be completed in the next quarter
• A separate project began in April to identify efficiencies and opportunities to pool effort, amongst four, small statutory bodies whose roles are defined in the Constitution, whilst maintaining their individual identities: Public Services Commission, Human Rights Commission, Integrity Commission and Complaints Commission
• New terms and conditions, more similar to the civil service, have been drawn up and will be applied to new board level appointees on statutory bodies. Many of the remaining statutory bodies will have to conform to the new terms and conditions when the boards are renewed at the end of May.
Whilst not specifically part of this milestone, it is pleasing to report:
• Police reform is progressing smoothly and the subject of separate progress reporting to the Governor and Advisory Council
• Prison reform has led to many changes in the regime at HM Prison Grand Turk and the creation of work training and activity programmes for prisoners. For example, the expansion of the prison farm into poultry and eggs has been reported recently in the media. Sentence management for prisoners has been implemented and interventions targeted to assist offenders for life after prison, such as Anger Management and ‘Just Think’ cognitive therapy. Work continues on court video links and plans for a remand centre on Providenciales. These should reduce the need to transport prisoners to court by plane from Grand Turk, with savings in cost and improvements in convenience for all concerned.
DFID has stepped up its assistance to TCIG in April with the establishment of a staffed Programme Office working with Chief Executive Officer. Its role is to identify improvements and maintain momentum in the reform and restructuring under way across every ministry and with the statutory bodies. This will be an active and intensive area of work during the next quarter. Ultimately, the desire is to build up within the civil service a culture of continuous improvement. Incentives and rewards for improvement in service, as well as for outstanding work, are one part of this culture change and these will be reviewed as part of the reform of General Orders.
In conclusion
Sustained and impressive progress has been made in the first quarter of 2012. It is to the credit of all involved in modernising the public service, governance processes and financial management of TCI that step by step the necessary improvements established by the milestones are being fulfilled.
United Kingdom (UK) ministers have cast further doubt about the possibility that elections that will return the Turks and Caicos Islands to self-rule will be held this year.
“It is clear that while significant progress has been made in many areas, further work remains to be done before UK Ministers can judge significant enough progress to allow them to reinstate the Constitution, thus triggering fresh elections,” said Governor Ric Todd who has just returned from an official visit to the UK where he met with UK Ministers.
“For some of the milestones, such as those relating to the constitution and Crown Land, for example, there is little left still to do. Others such as the pathway to acquiring Islander status should be well on the way to completion later this summer. We must continue to give UK Ministers confidence that the country is run according to its stated budget and a fiscal surplus will be achieved this financial year. The milestone relating to substantial progress in the ongoing criminal investigation will require their clear judgment given that the trials will not be completed this year.”
Parts of the TCI Constitution were suspended in August 2009. Elections were constitutionally due in 2011, but over the past few months, certain British officials have been teasing residents of the Turks and Caicos Islands with promises that elections will be held this year.
The Governor added: “The real story behind this update, however, is that there are a great many people both here in the TCI and the UK too working very hard towards achieving these milestones which will make this country a fairer and more transparent society in which to live, visit and to do business in. I would like to take this opportunity to thank each and every one of them for all of their hard work and commitment.”
According to a press release from his spokesman Neil Smith, Governor Todd will now conduct public meetings in North and Middle Caicos on May 10 and 11, Salt Cay and South Caicos on May 14 and 15, with dates still to be confirmed for Providenciales and Grand Turk, where he will personally update community representatives.
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The primary objectives of the Interim Administration, expressed through the milestones, to: stabilise the financial position of the Turks & Caicos Islands; update laws and legal safeguards to ensure fairer decision making; reform weaknesses in land and immigration matters; put in place robust public finance procedures and create a more efficient public service. Posted May 7 2012 in SUN TCI
With the continuing anticipation of elections yet this year, the TCI electorate is directing its attention to those who have indicated an interest in running. Also, speculation and networking is on the rise, with the names of potential candidates the main subject.
Harold Charles, the former owner of Sky King airline, has indicated an interest in running as an independent candidate running at large. Charles, who was born in Haiti, has lived in the TCI for many years and is a belonger. During the Michael Misick years, he sold his airline routes to Lyndon Gardiner of Air Turks and Caicos for an undisclosed amount. Charles has been reported to be attending meetings populated with Haitian-born belongers, who are likely to be his support base.
Also indicating a desire to run as an independent is Consultative Forum member and TV talk show host, Rev Courtney Misick of Kew, North Caicos. Misick had been connected with the North Caicos Branch of the Peoples Democratic Movement (PDM) when Floyd Seymour was the PDM leader. With the leadership now returned to Derek Taylor of Grand Turk, Misick has confirmed his political role will remain independent. Misick is interested in running at large and told TCI News Now he anticipates financial support adequate to sustain an at large election try.
Newly resigned radio talk show host and former Progressive National Party (PNP) elected member of parliament, Robert Hall is vying for approval by the PNP to run under their banner at large.
Leading the pack at the PNP is former medical director of the TCI, Dr Rufus Ewing, who resigned effective March 31.
Formerly associated with the PDM, where his father Hilly Ewing is a senior stalwart, Rufus Ewing has already taken to TV and radio, beginning his campaign to corner the PNP leadership, which he believes will lead him to an at large seat and the country’s premiership.
Also in the PNP camp is attorney Carlos Simons QC, who has apparently moved from his conservative right position in the party to a left of centre position. His new platform is to terminate the special investigation and prosecution team (SIPT), rescind the arrest warrant for Michael Misick and, as with Hall and Ewing, prepare the TCI for independence. Sources indicate that Simons has been carefully lining up delegates who will support him in the yet to be announced PNP convention planned for sometime this month.
Local speculation also has Don Hue Gardiner, local Digicel chief E.J. Saunders, and new attorney Mark Fulford as possible PNP candidates. Almost certain to run is former deputy premier Royal Robinson, as well as his son Jamal, who resigned his post as disaster operations manager. The junior Robinson has made it known he is interested in one of the two Grand Turk district seats.
According to PDM national chairman Ruben Hall, a party convention will definitely be held in June. While the meeting was thought to be scheduled for Grand Turk, where leader Derek Taylor resides, some believe it may now be held to Provo for economic reasons.
The oldest party with the oldest candidates, PDM has been reforming itself with a slate of candidates including those that won the government 18 years ago in the 1995 election. This includes Clarence Selver, Samuel Harvey and several others. Former PDM chief minister Oswald Skippings, now a pastor, has told his church to replace him, as he plans on returning to politics.
Chairman Hall has said that, to date, the party has seven people interested in running for the five at large seats. This includes party leader Taylor himself and possibly Hall. Current PDM treasurer Dwayne Taylor, who served with Derek Taylor, is also expected to run.
In order to fully understand the concept of The Presidency, one has first to understand what the events were leading up to this period in our history. From 1764 – 1848, the TCI experienced the years with The Bahamas. There were two critical problems as it relates to the relationship between The Bahamas and the TCI: (a) economic and (b) political.
Dr Carlton Mills is a graduate of Excelsior Community College and the University of the West Indies where he pursued his training in teacher education and Bachelors in History respectively. He is also a graduate of the University of London, Bristol and Sheffield where he pursued his Master’s and Doctorate in Education respectively. Dr Mills was appointed as Minister of Education in 2007 where he served until February 2009. Following the suspension of the TCI Constitution, he was invited by the governor to serve on the Advisory Council. He served for six months before resigning. Dr Mills is currently the chairman of the board of Governors of the TCI Community College. He is also the main editor of the recently published book “The History of the Turks and Caicos Islands”. He has written several articles for journals and chapters in other books and presented papers at various conferences in the region and in the UK.
The TCI was a salt producing economy. The Bahamas accrued tremendous financial gains from this relationship. The main contact that the TCI had with the Bahamas was on the occasion when the tax collectors came down annually to collect taxes on the salt that was produced in the salt ponds. The islands experienced high levels of taxation on salt exports, which they strongly resented. There was further resentment when the Bahamian government imposed legislation to enforce these measures.
In 1799, the Bahamas Assembly passed an act giving The Bahamas the power to tax the TCI, placing the islands within the political and geographical domain of The Bahamas. This Act of Parliament allowed one salt island representative to sit in the Assembly in Nassau. In 1835, the number was increased to three.
The distance between the TCI and The Bahamas, along with the lack of telecommunications, limited their attendance and involvement in the decision making that affected their lives in the TCI. On several occasions, by the time the representatives from the TCI reached the Bahamas, the Assembly had already met.
They had also made decisions that affected life in the TCI without any input from the local representatives. This helped to further aggravate the political situation between the TCI and The Bahamas.
The tax collector visited the TCI once per year while the mail boat made four visits per year. There were boats operating more frequently between Jamaica and the TCI than with The Bahamas. The islanders therefore felt more closely associated with Jamaica rather than The Bahamas.
On December 25, 1848, the TCI was separated from The Bahamas with the passing of The Separation Act. One of the main clauses of this Act was the setting up of a Presidency with a Council to assist him with the day to day administration of the government.
What was the Presidency?
The Presidency was a period of government in the TCI following Bahamas rule. It lasted from 1848 – 1873, approximately 25 years. The Act provided for the nomination of a President assisted by a Council supervised by the Governor of Jamaica. During the 25 years of the Presidency, there were a total of four presidents. I will briefly highlight the issues, problems and challenges faced by each president.
The first President was Captain Henry Alexander Forth (1848 – 54).
Initiatives
President Forth started schemes to increase salt production, which was the mainstay of the economy. This was done in South Caicos and salt production was also developed on West Caicos for the first time. He also declared West Caicos a port of entry to facilitate the salt trade. Under his watch, the Grand Turk Lighthouse was established in 1852. President Forth also started The Forth Masonic Lodge, The Royal Standard and Gazette weekly newspapers, which were used as propaganda machines for the government.
He also contemplated the establishment of a public bank and a public market but they did not materialize during his tenure. He also established the first Board of Education a demonstration of his commitment to education. He successfully paid off the remaining debt owed to The Bahamas by the TCI.
Other Challenges
President Forth had a poor relationship with most senior staff and also with Judge Duncombe. This was further aggravated when he suspended the Police Magistrate Williams Hamilton and the Stipendiary Magistrate Francis Ellis. These individuals were later reinstated by the Secretary of State. Many also felt that President Forth was abusing his powers. This gave rise to questions about his integrity resulting in a petition for his removal. This was overruled by the Secretary of State.
President Forth had previously served in Tasmania and was described as being of the ‘old colonial school’ of public administration. Yet he was sent to the TCI to run the political affairs of the country.
Second President William Robert Inglis (1854 – 62) replaced President Forth. He was a former Stipendiary Magistrate in The Bahamas. He faced unprecedented resentment from the Bermudian settlers, who were totally opposed to anyone who had previous connections with the TCI separation from The Bahamas. As a result he was not well received. He actually started on a very bad note by attempting to regulate the salt industry, which previously was a very sore issue.
He brought further resentment when, in 1859, he imposed a law to enforce order at Council meetings. Members who were brought to order twice by the chairman were fined $10. This resulted in mass resignations of members. President Inglis also had serious problems maintaining law and order. He did not think twice to use force to bring stability to situations he felt could get out of hand. As a result of his abuse of power, the Colonial Secretary concluded that the president contributed significantly to the moral, social and intellectual decay of the TCI. This resulted in his departure in December 1862.
Third President: Alexander Wilson Moir (1862 – 69)
He took up office on November 14, 1862. He also had some immediate successes. He opened the short lived Public Bank in 1864 as well as the Public Market on Grand Turk. He also expanded agriculture in the Caicos Islands and realized that salt alone could not sustain the TCI economy. This was done in an attempt to diversify the economy and to reduce the high cost of food importation.
President Moir also changed the traditional leasehold system that characterized the salt industry to a new freehold tenure of ownership. He felt that this old system stagnated the growth of the industry. His new approach saw the islands experiencing a brief period of prosperity where annual exports of salt reached a record $124,000 in 1865.
President Moir was also on the verge of becoming the most popular president but disaster struck. The hurricane of 1866 devastated the salt industry, destroyed homes and caused loss of lives in Grand Turk. The economic base of the country was wrecked. President Moir left in 1869 to take up an appointment in the Virgin Islands.
Fourth President
The fourth president was Captain Melfort Campbell (1869 – 73). He came on the heels of an economic downturn in the country. Unfortunately his first order of business was retrenchment. This was a very unpopular move, particularly following the recent hurricane. The country was experiencing serious cash flow difficulties. As a result, payment of salaries to civil servants was usually three month in arrears.
Several civil servants survived by discounting promissory notes to local merchants. On top of this, the price for salt on the global market had declined. Although the Crown had provided some assistance and the Public Bank had provided loans, this did not better the situation. The country continued to drift into debt. Revenue collection was down. The islands had to survive on revenue from taxation. This was not sustainable.
The situation in the TCI led the Governor in Chief, Sir J.P. Grand from Jamaica to make two assessment visits to the islands, one in 1872 and another in 1873. During his second visit, the Legislature took the decision to beseech the British government to annex the islands to Jamaica. By Order in Council, this was done on January 1, 1874.
Lessons
There are several lessons that we can learn from the Presidency. Firstly, there was failure on the part of the Presidency to consult with the local population on issues that could impact their lives. As a result, the local population generally felt that they were at a distance. Another drawback was the fact that all of the appointments were done from the outside. This caused further resentment. These appointments were paybacks by HMG for what they termed outstanding service.
The Presidents had no training in public administration and thus generally ruled as if they were totally in charge. It gave the impression that, because the TCI was viewed as a small colony, anyone could run its political affairs. Other than the attempt by President Moir, little attempt was made to diversify the economy. We still face a similar situation today. With the collapse of the salt industry after the hurricane of 1866, the collapse of the Presidency followed closely. The economy was in dire need of a stimulus package, which was not readily available at the time.
These 25 years under the Presidency provided the opportunity for the TCI to set the stage to become one of the most prosperous countries at the time. The TCI was on the verge of becoming a country of global significance and influence. This did not materialize because of poor leadership, high level corruption in government, bribery, dishonesty, deceit and political patronage.
Little attempt was made to empower the local population. Furthermore, the local population resented the installation of leaders from the outside who were given autonomy over them. Little was done during the period to improve the infrastructural development, educational and health facilities. These important essential services were critical to the continued growth and sustainability of the Presidency.
With the regional and international trade relations that we had going on at the time, we lost the opportunity to form strong economic partnerships that could have provided more meaningful benefits to the TCI. We lost an opportunity to use our salt to become an economic hub and an economic bargaining power, thus attracting other global partners to our shores. This could have resulted in more diversification of our economy.
We lost an opportunity to form global political networking despite the limited technology that was available at the time. We lost an opportunity to unite the TCI so that it could become a ‘country’ rather than a group of individual islands still considered to be separated in one instance by ocean and in another by banks.
Finally, the Presidency was an opportunity missed because, during those 25 years, we had the opportunity to begin our quest for self-determination. Unfortunately, no thought was even given to this critical issue. The financial gains that were derived from the salt trade in particular created a hunger for power and wealth, leading to widespread corruption, greed, dishonesty and the eventual demise of the Presidency.
History has repeated itself in 1986 and again in 2009. This is true of the TCI because of our failure to understand the importance of our own history. We will continue to make these same mistakes over and over again if we do not take time out to learn the lessons that history continues to teach us.
PLP leader Perry Christie (R) and his deputy Philip ‘Brave’ Davis celebrate their party’s election victory on Monday night. Photo: Donald Knowles
