adopted by the United Nations Special Committee on Decolonisation
Question of the Turks and Caicos Islands
Question of the Turks
and Caicos Islands
The General Assembly,
Having considered the question of the
Turks and Caicos Islands,
Having examined the relevant chapter of
the report of the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples for 2016, related to the Turks and Caicos Islands,[1]
Taking note of the working paper
prepared by the Secretariat on the Turks and Caicos Islands[2] and other relevant information,
Recognizing that all available options
for self-determination of the Territory are valid as long as they are in
accordance with the freely expressed wishes of the people of the Turks and
Caicos Islands and in conformity with the clearly defined principles contained
in General Assembly resolutions 1514 (XV) of 14 December 1960, 1541 (XV) of 15
December 1960 and other resolutions of the Assembly,
Expressing concern that 56 years after
the adoption of the Declaration on the Granting of Independence to Colonial
Countries and Peoples,[3] there
still remain 17 Non-Self-Governing Territories, including the Turks and Caicos Islands,
Conscious of the importance of
continuing the effective implementation of the Declaration, taking into account
the target set by the United Nations to eradicate colonialism by 2020 and the
plans of action for the Second[4]
and Third International Decades for the Eradication of Colonialism,
Recognizing that the specific
characteristics and the aspirations of the people of the Turks and Caicos
Islands require flexible, practical and innovative approaches to the options
for self-determination, without any prejudice to territorial size, geographical
location, size of population or natural resources,
Convinced that the wishes and
aspirations of the people of the Territory should continue to guide the
development of their future political status and that referendums, free and
fair elections and other forms of popular consultation play an important role
in ascertaining the wishes and aspirations of the people,
Concerned
by the use and exploitation of the natural resources of the Non-Self-Governing Territories by the administering Powers for their benefit,
by the use of the Territories as tax havens to the detriment of the world
economy and by the consequences of any economic activities of the administering
Powers that are contrary to the interests of the people of the Territories, as
well as to resolution 1514 (XV),
Convinced that any negotiations to
determine the status of the Territory must take place with the active
involvement and participation of the people of the Territory, under the
auspices of the United Nations, on a case-by-case basis, and that the views of
the people of the Turks and Caicos Islands in respect of their right to
self-determination should be ascertained,
Noting the continued cooperation of the
Non-Self-Governing Territories at the local and regional levels, including
participation in the work of regional organizations,
Mindful that, in order for the Special
Committee to enhance its understanding of the political status of the people of
the Turks and Caicos Islands and to fulfil its mandate effectively, it is
important for it to be apprised by the administering Power and to receive
information from other appropriate sources, including the representatives of
the Territory, concerning the wishes and aspirations of the people of the
Territory,
Aware of the importance both to the
Turks and Caicos Islands and to the Special Committee of the participation of
elected and appointed representatives of the Turks and Caicos Islands in the
work of the Committee,
Recognizing the need for the Special
Committee to ensure that the appropriate bodies of the United Nations actively
pursue a public awareness campaign aimed at assisting the people of the Turks
and Caicos Islands with their inalienable right to self-determination and in
gaining a better understanding of the options for self-determination, on a
case-by-case basis,
Mindful, in that connection, that the
holding of regional seminars in the Caribbean and Pacific regions and at
Headquarters, with the active participation of representatives of the
Non-Self-Governing Territories, provides a helpful means for the Special
Committee to fulfil its mandate and that the regional nature of the seminars,
which alternate between the Caribbean and the Pacific, is a crucial element in the
context of a United Nations programme for ascertaining the political status of
the Territories,
Welcoming the Pacific regional seminar held by
the Special Committee in Managua and hosted by the Government of Nicaragua from
31 May to 2 June 2016 as a significant and forward-looking event, which enabled
the participants to assess the progress made in the decolonization process and
to review the existing working methods of the Committee and renew its momentum
in implementing its historic task,
Recognizing the importance of the
conclusions and recommendations adopted by the seminar, which are annexed to
the report of the Special Committee[5]
and which outline the findings of the seminar, including, especially, the way
forward for the decolonization process within the context of the proclamation
by the General Assembly of the period 2011-2020 as the Third International
Decade for the Eradication of Colonialism,[6]
Noting with appreciation the
contribution to the development of some Territories by the specialized agencies
and other organizations of the United Nations system, in particular the
Economic Commission for Latin America and the Caribbean, the Economic and
Social Commission for Asia and the Pacific, the United Nations Development
Programme and the World Food Programme, as well as regional institutions such
as the Caribbean Development Bank, the Caribbean Community, the Organization of
Eastern Caribbean States, the Pacific Islands Forum and the agencies of the
Council of Regional Organizations in the Pacific,
Taking note of the statement made by the
representative of the Turks and Caicos Islands at the Caribbean regional
seminar held in Managua from 19 to 21 May 2015,
Recalling the dispatch of the United
Nations special mission to the Turks and Caicos Islands in 2006 at the request
of the territorial Government and with the concurrence of the administering
Power,
Noting the decision of the administering
Power to suspend parts of the Turks and Caicos Islands Constitution Order 2006,
the subsequent presentation of a draft constitution for public consultation in
2011 and the introduction of a new constitution for the Territory, as well as
the election of a new territorial Government in 2012,
Noting also that the administering
Power, after careful consideration, did not accept the recommendations of the
2014 report of the Constitutional Review Committee, which was submitted to and
considered by the House of Assembly, on the grounds that the Constitution Order
2011 was key to ensuring that the Turks and Caicos Islands continued to meet
internationally recognized standards of good governance, the rule of law and
sound financial management,
Recalling that, in March 2014, the Heads
of Government of the Caribbean Community received an update on the situation in
the Turks and Caicos Islands, which they will continue to monitor, and that
they expressed their support for the full restoration of democracy in the
Territory on terms driven by its people,
Noting the 2009 suspension of the Constitution
Order 2006, which abolished the democratically elected House of Assembly and
the Cabinet, and the subsequent institution of direct rule exercised by the
administering Power for a period of three years, and taking note of the
provision of a new Constitution Order in 2012, as well as the election held in
the Territory in 2012, and of the endorsement by the Heads of Government of the
Caribbean Community of the report of the Community’s fact-finding mission to
the Turks and Caicos Islands in 2013, which called for, inter alia, a
referendum on self-determination and a mechanism for amending the constitution,
1. Reaffirms
the inalienable right of the people of the Turks and Caicos Islands to
self-determination, in conformity with the Charter of the United Nations and
with General Assembly resolution 1514 (XV), containing the Declaration on the
Granting of Independence to Colonial Countries and Peoples;
2. Also
reaffirms that, in the process of decolonization of the Turks and Caicos
Islands, there is no alternative to the principle of self-determination, which
is also a fundamental human right, as recognized under the relevant human
rights conventions;
3. Further
reaffirms that it is ultimately for the people of the Turks and Caicos
Islands to determine freely their future political status in accordance with
the relevant provisions of the Charter, the Declaration and the relevant
resolutions of the General Assembly, and in that connection calls upon the
administering Power, in cooperation with the territorial Government and appropriate
bodies of the United Nations system, to develop political education programmes
for the Territory in order to foster an awareness among the people of their
right to self-determination in conformity with the legitimate political status
options, based on the principles clearly defined in Assembly resolution 1541
(XV) and other relevant resolutions and decisions;
4. Reiterates
its support for the full restoration of democracy in the Territory and for
the work of the Constitutional Review Committee in that regard, and notes the
efforts of the administering Power to restore good governance, including
through the introduction in 2011 of a new constitution and the holding of
elections in November 2012, and sound financial management in the Territory;
5. Takes
note of the positions and repeated calls of the Caribbean Community and the
Movement of Non-Aligned Countries in support of a democratically elected
territorial Government and of the full restoration of democracy in the
Territory as decided by its people;
6. Notes
the continuing debate on constitutional reform within the Territory, and
stresses the importance of participation by all groups and interested parties
in the consultation process;
7. Stresses
the importance of having in place in the Territory a constitution that reflects
the aspirations and wishes of its people, based on the mechanisms for popular
consultation;
8. Requests
the administering Power to assist the Territory by facilitating its work
concerning public outreach efforts, consistent with Article 73 b of the Charter, and in that regard
calls upon the relevant United Nations organizations to provide assistance to
the Territory, if requested;
9. Welcomes
the active participation of the Territory in the work of the Economic
Commission for Latin America and the Caribbean;
10. Also
welcomes the continuing efforts made by the territorial Government
addressing the need for attention to be paid to the enhancement of
socioeconomic development across the Territory;
11. Stresses
the importance of the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples being apprised of the views and wishes of the people of
the Turks and Caicos Islands and enhancing its understanding of their
conditions, including the nature and scope of the existing political and
constitutional arrangements between the Turks and Caicos Islands and the
administering Power;
12. Calls
upon the administering Power to participate in and cooperate fully with the
work of the Special Committee in order to implement the provisions of Article
73 e of the Charter and the
Declaration and in order to advise the Committee on the implementation of the
provisions under Article 73 b of the
Charter on efforts to promote self-government in the Turks and Caicos Islands,
and encourages the administering Power to facilitate visiting and special
missions to the Territory;
13. Reaffirms
the responsibility of the administering Power under the Charter to promote
the economic and social development and to preserve the cultural identity of
the Territory, and requests the administering Power to take steps to enlist and
make effective use of all possible assistance, on both a bilateral and a
multilateral basis, in the strengthening of the economies of the Territory;
14. Takes
into account the 2030 Agenda for Sustainable Development, including the
Sustainable Development Goals,[7]
stresses the importance of fostering the economic and social sustainable
development of the Territory by promoting sustained, inclusive and equitable
economic growth, creating greater opportunities for all, reducing inequalities,
raising basic standards of living, fostering equitable social development and
inclusion and promoting the integrated and sustainable management of natural
resources and ecosystems that supports, inter alia, economic, social and human
development, while facilitating ecosystem conservation, regeneration,
restoration and resilience in the face of new and emerging challenges, and
strongly urges the administering Power to refrain from undertaking any kind of
illicit, harmful and unproductive activities, including the use of the
Territory as a tax haven, that are not aligned with the interest of the people
of the Territory;
15. Requests
the Territory and the administering Power to take all measures necessary to
protect and conserve the environment of the Territory against any degradation,
and once again requests the specialized agencies concerned to monitor
environmental conditions in the Territory and to provide assistance to the
Territory, consistent with their prevailing rules of procedure;
16. Requests
the Special Committee to continue to examine the question of the Turks and
Caicos Islands and to report thereon to the General Assembly at its
seventy-second session and on the implementation of the present resolution.
 |
[1] Official
Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23), chap. X.
[2] A/AC.109/2016/15.
[4] A/56/61,
annex.
[5] Official
Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23).
