BRITISH DEPENDENCIES RESIST U.K. POLICY OF UNILATERAL POWER

British Overseas Territories Demand Self Rule

St. Kitts & Nevis Observer

Britain’s Overseas Territories say they will “stand together” to defend their right to self-government amid increasing concerns over “constitutional overreach” from the UK.

Any attempts to enforce legislation from Westminster on issues ranging from same-sex marriage to ‘belongership’ and financial services regulation will be strongly resisted, according to leaders of several territories, following talks in Grand Cayman this week.

Despite the disparate concerns of the various territories, leaders from the Falklands to Bermuda were united in their opposition to the UK dictating policy from thousands of miles away.

A UK law seeking to impose public registers of beneficial ownership on Britain’s territories – seen as a threat to the financial services industry – is a key concern for several islands.

“Modern-day colonialism is what is being attempted by those persons is Westminster, and I am certain that all Overseas Territories will resist it vociferously,” Bermuda Premier David Burt said at a press conference following the summit at the Kimpton Seafire Hotel on Wednesday.

Several other leaders expressed similar concerns, and insisted the pressure from the UK on various issues is helping them to forge closer bonds as they seek to resist what they see as constitutional overreach from the mother country.

“I see a beacon of hope with our team here, because we all realise that divided we fall, united we stand,” said Andrew Fahie, premier of the British Virgin Islands.

A recent report from a Foreign Affairs Select Committee, which included a number of suggestions including recommendations that the UK government force its territories to adopt same-sex marriage legislation and open discussions on allowing resident UK citizens to vote and stand for election, is also stoking controversy.

Though the current British government says it has no plans to follow through on the report’s recommendations, the uncertainty and instability in UK politics amid a Conservative party leadership battle, division over Brexit and the possibility of a general election, is fuelling concern.

Burt said it was possible that the report’s recommendations could gain traction in a new government, and highlighted the possibility that some of its authors could be part of a future government.

“It is sad to see persons who don’t have a familiarity [with the various islands] reverting to a position we thought was long gone, where Westminster feels able to dictate to the Overseas Territories,” he added.

Albert Isola, Gibraltar’s minister for commerce, said the specifics of the issues at stake were largely irrelevant. He said it was “anti-democratic” of the UK to attempt to make laws for its territories on issues that were the responsibility of the elected governments.

“There is no way today we can accept modern colonialism through the back door by allowing these things to happen. On that, as has been demonstrated today, we are all 100 percent on the same page,” he said.

The report caused ripples as far away as the Falklands. Teslyn Barkman, a legislator from the islands, off the coast of Argentina, said it was omitted entirely from the report, but could be faced with the impact of its findings.

She said the recommendation that UK citizens be given the right to vote and run for office in the territories was the most controversial.

“You are talking about giving UK citizens the right to vote in a population of 3,000. You could very quickly have a population of UK citizens who don’t know the territory’s needs or priorities, or care about the long-term viability of the economy.”

Sharlene Cartwright-Robinson, of the Turks and Caicos, said she expected pressure from the UK, particularly over voting rights and same-sex marriage, would continue.

“It is a matter of constitutional overreach, and respecting territories rights to choose how they want to govern, how they want to grow their countries, who they want to run in their elections and certainly their culture and religious beliefs,” she said.

Montserrat Premier Donaldson Romeo said the UK clearly understood the democratic values at stake, because they were fighting for autonomy from the European Union on the basis of the same principles.

“We have just the same right as they have and we need to insist on our right to self determination, and our people need to support us in this regard.”

He urged the leaders around the table to remain united on issues, even when they only affected a handful of islands, and vowed to offer Montserrat’s support to others on issues, like financial services, which do not directly affect the island.

“We have a saying in Montserrat, ‘today for you, tomorrow for me’. I am counting on us to stand together,” he said.

GUAM TELLS UN THAT ITS DECOLONISATION SITUATION UNCHANGED

UNITED NATIONS PRESS RELEASE

MEETINGS COVERAGE

GA/COL/3325

19 JUNE 2018

• GENERAL ASSEMBLY
 
• SPECIAL COMMITTEE ON DECOLONIZATION

2018 SESSION, 7TH MEETING (AM)

Special Committee Approves Texts on Economic Activities, Implementation of Decolonization Declaration by United Nations Specialized Agencies

Members Hear Petitioners from Guam, Turks and Caicos, United States Virgin Islands

The Special Committee on Decolonization approved two draft resolutions for the General Assembly’s consideration today, as it heard petitioners on the questions of Guam, Turks and Caicos and the United States Virgin Islands.

By the text titled “Economic and other activities which affect the interests of the peoples of the Non‑Self‑Governing Territories”, approved without a vote, the Assembly would call on the administering Powers to ensure that the exploitation of the natural resources in the Non‑Self‑Governing Territories under their administration was not in violation of relevant United Nations resolutions, and did not adversely affect the interests of the peoples of those Territories.

The Assembly would, by other terms, urge the administering Powers concerned to take effective measures to safeguard and guarantee the inalienable right of those peoples to their natural resources.  It would also call upon administering Powers to ensure that no discriminatory working conditions prevailed in the Territories under their administration.  The Assembly would further call upon the administering Powers to provide assistance to the peoples of the Non‑Self‑Governing Territories affected by hurricanes and other extreme weather events in order to alleviate the humanitarian needs in the affected communities, support recovery efforts and enhance capabilities for emergency preparedness.

Also by that text, the Assembly would affirm the value of foreign economic investment undertaken in collaboration with the peoples of the Non‑Self‑Governing Territories, while reaffirming the responsibility of the administering Powers to promote the political, economic, social and educational advancement of Non‑Self‑Governing Territories.  It would further reaffirm its concern about any activities aimed at the exploitation of natural resources in the Non‑Self‑Governing Territories, and the need to avoid any activities, including the use of the Territories for military activity, which would adversely affect the interests of their peoples.

By the terms of a text titled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations”, the Assembly would urge the United Nations to examine and review conditions for accelerating progress in the economic and social sectors of the Territories.  It would also recommend that all States intensify their efforts to ensure the full and effective implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples through United Nations specialized agencies and other organizations.

The Assembly would, by other terms, request that the administering Powers facilitate the participation of appointed and elected representatives of Non‑Self‑Governing Territories in relevant United Nations and international meetings.  Further, it would recommend that all Governments intensify efforts to accord priority to the question of providing assistance to the peoples of the Non‑Self‑Governing Territories through the specialized agencies of the United Nations.

As the Special Committee heard from petitioners on the question of Guam, a representative of Governor Eddie Baza Calvo noted that Guam’s decolonization situation remained unchanged, but the draft resolution before the Special Committee had undergone significant changes since the 2017 version, painting a very different picture of the situation on the ground.  Emphasizing that there was no reason to alter the text, she said that by approving the 2017 version, the Special Committee had encouraged the United States to allow the people of Guam to exercise their right to self‑determination, whereas the current draft deleted that provision despite the fact that self‑determination had still not been achieved.

Echoing that point, Julia Faye Munoz of Independent Guahan said the proposed substantive changes to the draft resolution did not reflect the situation in the Territory, emphasizing that there was no substantive reason to delete certain paragraphs which accurately reflected the situation in Guam.  She also expressed concern over Guam’s fiscal situation, noting that the Tax Cuts and Jobs Act of 2017 had cost the territorial Government $67 million in revenue in the course of 2018, thereby severely affecting Guam’s ability to educate its people on the importance of self‑determination.

Benjamin Roberts of the Turks and Caicos Forum said that the Government of the United Kingdom had unilaterally passed a decree requiring individuals and entities doing business in its Overseas Territories such as Turks and Caicos to disclose their “Register of Interests”, meaning they were no longer afforded the very important commodity of privacy for their valuable assets.  Moreover, while the administering Power had allotted money in 2015 for hurricane relief, to date, barely 2 per cent of the pledged funds had been used for the stated purpose.

Also before the Special Committee were working papers on the following decolonization items: American Samoa (document A/AC.109/2018/1); Anguilla (document A/AC.109/2018/2); Bermuda (document A/AC.109/2018/3); British Virgin Islands (document A/AC.109/2018/4); Cayman Islands (document A/AC.109/2018/5); Pitcairn (document A/AC.109/2018/12); and Saint Helena (document A/AC.109/2018/13).

The Special Committee also heard the following petitioners: Pim Limtiaco of the Guahan Coalition for Peace and Justice; Alpha Gibbs of the TC Heritage Communities; Russell Christopher of OWA‑AIVI; and Carlyle Corbin of the Dependency Studies Project.

Also participating was a representative of the Russian Federation.

The Special Committee will reconvene at 10:00 a.m. on Thursday, 21 June.

Question of Guam

As the Special Committee took up the question of Guam, members had before them a working paper on that item (document A/AC.109/2018/9) and heard several petitioners.

AMANDA BLAS, speaking via videoconference on behalf of Governor Eddie Baza Calvo, said that Guam’s decolonization situation remained unchanged and it continued to face challenges as a Territory of the United States.  However, the draft resolution before the Special Committee — to which significant changes had been made since the 2017 version — painted a very different picture.  Emphasizing that there was no reason for those alterations to the text, she recalled that by approving the 2017 version, the Special Committee had encouraged the United States to allow the people of Guam to exercise their right to self‑determination.  However, the current draft deleted that provision despite the fact that self‑determination had still not been achieved.  It was more important than ever that the United States shoulder its responsibility in that regard, she stressed, noting that a critical paragraph relating to Guam’s position in the midst of regional tensions had been deleted.  She urged the Special Committee to reject such substantive changes, which could negatively impact the pursuit of Guam’s decolonization process, and instead adopt a version of the text identical to that approved in 2017, with only technical changes.

PIM LIMTIACO, Guahan Coalition for Peace and Justice, recalled that 16 petitioners from Guam, including herself, had appeared before the General Assembly’s Fourth Committee (Special Political and Decolonization) and called upon the United States to allow the indigenous Chamorro people to exercise their sacred and inalienable right to self‑determination.  On 8 November 2017, the Committee had adopted the draft resolution on Guam by 80 votes in favour to 9 against.  While the people of Guam had received significant support, it was no surprise that the United States and its allies had voted against the draft resolution, describing it as a “political attack” and its language as “problematic”.  Additionally, the Government of the United States had halted a plebiscite on the island — which had been limited to the native peoples of Guam — following the filing of a case alleging racial discrimination against a retired United States Air Force officer and current Guam resident.  Noting that indigenous peoples had the right — under the United Nations Declaration on the Rights of Indigenous Peoples — to determine their own identity and membership in accordance with their customs and traditions, and to determine the structures of their institutions in accordance with their own procedures, she recommended that the United Nations use its influence to force engagement by the United States in Guam’s decolonization process in a such a way as to embody cooperation and implement the principles of decolonization in a manner consistent with international law, and that the United Nations adopt the language of General Assembly resolution 72/102 on the “Question of Guam” with solely technical updates.

JULIA FAYE MUNOZ, Independent Guahan, said that as a result of the Tax Cuts and Jobs Act of 2017, Guam’s Government was projected to lose $67 million in revenue in 2018.  That significant loss of tax revenues was almost $20 million more than the initial estimates of $47.9 million and had created a serious financial impact.  Local elected officials had attempted to mitigate that impact by implementing cost‑cutting measures, including by reducing the budget for the Guam Commission on Decolonization, she said, noting that each of that Commission’s task forces had seen a 60 per cent reduction in their outreach budget for 2018.  That had greatly affected their ability to educate the people of Guam on the importance of self‑determination.  She went on to express concern over the 18 per cent decrease in funding for United States territories and the additional proposed elimination of $3 million for the fiscal 2019 budget.  She recommended that the Special Committee adopt the language of General Assembly resolution 72/102 on “The Question of Guam” with only technical updates, because it accurately reflected the situation on the ground.  However, the proposed substantive changes to the current draft resolution did not reflect the situation in the Territory, she said, emphasizing that there was no substantive reason to delete certain paragraphs which accurately reflected the situation in Guam.

Question of Turks and Caicos

The Special Committee then took up the Question of Turks and Caicos, having before it a working paper on that item (document A/AC.109/2018/15) and hearing several petitioners.

BENJAMIN ROBERTS, Turks and Caicos Forum, said that the Government of the United Kingdom had unilaterally passed a decree on such Overseas Territories as the Turks and Caicos islands requiring disclosure of “Register of Interests” for individuals and entities doing business in those Territories.  Simply put, it meant that those entities were no longer afforded the very important commodity of privacy for their valuable assets.  Describing that “Register of Interests” as an atrocious, callous, hypocritical, discriminatory assault on income generation and a violation of agreed United Nations declarations and conventions, he said that instead of providing aid following the choking destruction of the 2017 hurricane season, the United Kingdom was scavenging and picking bones dry.  That measure was hypocritical and discriminatory because the British territories of Jersey and the Isle of Man were not subject to the same treatment.  With the latter’s populations being mostly white, and the targeted Overseas Territories being overwhelmingly black, could that be seen as anything other than racial discrimination?  On other matters, he said the British had sat idly for decades as the Turks and Caicos islands were overrun by illegal migration.  Moreover, they had allotted money for hurricane relief in 2015 but, to date, barely 2 per cent of the pledged funds had been used for the stated purpose.

ALPHA GIBBS, TC Heritage Communities, outlined continuing violations of the human rights of native‑born citizens of the Turks and Caicos islands at the hands of the administering Power, the United Kingdom.  That country was neither accountable nor compliant with Article 73 of the United Nations Charter, she said, expressing extreme concern that despite its membership in the United Nations, its failures as an administering Power “seem to go unnoticed and without adverse consequences”.  Currently, the Territory’s Governor was appointed by the Foreign and Commonwealth Office in London without any input from the locally elected Government of Turks and Caicos or the peoples of the islands, she said.  The Governor was exempt from all oversight, compliance or ethical codes of conduct as promulgated in the Turks and Caicos constitution, she added, noting that those codes were, however, applicable to all elected officials and civil servants.  “In practice and conduct, the Governor operates above the law,” she stressed, adding that his performance in the area of police and defence had proven woefully inadequate, with migrants regularly breaching all border controls and entering the Territory at will.

She went on to state that the United Kingdom also continued to fail miserably in other areas, including ensuring that the economic activities of foreign entities and other interests were conducted in the interests of the Territory and did not impede implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples.  In fact, it was well known that foreign firms systematically excluded locals from their middle and upper management ranks.  Noting that all administering Powers were required, under the United Nations Charter and the Declaration, to create economic, social and other conditions that would enable the Territories under their administration to achieve genuine independence and self‑reliance, she said that, instead, the United Kingdom continued to retard the growth of the Turks and Caicos and even accelerate its backward movement towards dependency and colonialism.  In that context, she called upon the Special Committee to dispatch a visiting mission to the Turks and Caicos islands in order to further investigate human rights conditions there and assist in implementing relevant United Nations resolutions.

Question of the United States Virgin Islands

The Special Committee then took up the Question of the United States Virgin Islands, having before it a working paper on that item (document A/AC.109/2018/16) and hearing several petitioners.

RUSSELL CHRISTOPHER, OWA-AIVI, said he was appearing before the Special Committee on behalf of the native peoples of the United States Virgin Islands to attest to blatant violations of United Nations treaties by the United States.  That country was in violation of several historical treaties, which had led to a system of corruption that ignored its own Constitution.  “We have no recourse, we have no voice,” he said, describing land grabs and other crimes in which members of the United States Congress themselves were involved.  Against that backdrop, natives of the United States Virgin Islands had no other recourse but to go to the United Nations, he said, noting that the administering Power had systematically dismantled the Territory’s education system, eradicated its agriculture sector and prohibited native peoples from accessing their own lands, in direct violation of their human rights.  To date, complaints to the United Nations about those actions had been ignored, he said, urging the Special Committee to finally take action.

Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations”  (OTR)

CARLYLE CORBIN, Dependency Studies Project, said the participation of Non‑Self‑Governing Territories in the United Nations was critical to the development of their readiness for self‑government.  Citing several studies conducted by the Economic Commission for Latin America and the Caribbean (ECLAC), he said the most recent one explored the common development challenges that may impede economic and social development in Non‑Self‑Governing Territories, and mapped the strategic options for enhancing the level of their integration into regional and international organizations and development mechanisms.  It also examined the level to which the Territories were included in the programmes of United Nations specialized agencies and identified a significant degree of integration into regional and intergovernmental organizations.  The study further proposed a programme of work to address the principal development challenges facing those Territories, he said, emphasizing that consideration must be given to relevant General Assembly resolutions that called upon the Special Committee to develop programmes of collaboration with the wider United Nations system.

The representative of the Russian Federation stressed that his country’s Government had always taken a careful approach to the implementation of the Declaration by agencies of the United Nations system.  The current mandate of the United Nations system must remain unchanged, he said, underscoring that all each agency already had a specific mandate, which the Declaration must not disrupt.

Action on Draft Resolutions

The Special Committee then approved, without a vote, a draft resolution titled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations” (document A/AC.109/2018/L.9).

Acting again without a vote, it then approved a draft resolution titled “Economic and other activities which affect the interests of the peoples of the Non‑Self‑Governing Territories” (document A/AC.109/2018/L.6).

DUTCH, FRENCH, BRITISH TURN TO U.N. FOR POST HURRICANE SUPPORT FOR THEIR CARIBBEAN DEPENDENCIES

Koenders requests UN support for reconstruction of 

Sint Maarten

The foreign ministers of the United Kingdom, France and the Kingdom of the Netherlands met on Monday with representatives from the Caribbean islands affected by hurricane Irma, as well as the UN institutions, to discuss the devastation the storm has caused. The parties decided to work together to do everything possible to provide the people on the islands with emergency aid and assist with reconstruction. Dutch foreign minister Bert Koenders said on behalf of the four constituent countries of the Kingdom that he hoped the UN would respond quickly and flexibly to the needs of the population. ‘This is no time for red tape,’ he said.

The international meeting about the impact of hurricane Irma was held at UN headquarters in New York. Mr Koenders gave an overview of what is needed on St Maarten, Saba and Sint Eustatius. He also expressed his thanks for the assistance provided so far and asked that it be continued.

‘Hurricane Irma has caused widespread destruction,’ the minister said. ‘Many people have lost their homes and there is major damage to the infrastructure. It will be a huge job to restore everything. So I call on the UN to be generous with contributions from its funds and to make expertise available for the reconstruction of St Maarten.’

Many UN organisations are already at work in the affected areas, establishing needs, helping assess the risk of infectious diseases, distributing high-energy biscuits and providing technical assistance. The UN’s development programme has also made $2 million available for the Caribbean islands hit by Irma, while the UN’s emergency relief coordinator is providing $10 million.

Mr Koenders believes the UN should appoint a special envoy for climate and security, who should focus on how climate change affects security. ‘We may well face hurricanes of this strength again,’ he said. ‘Small island states in the Caribbean are extremely vulnerable, and as we’ve seen, can be completely destroyed in a matter of hours. The UN plays a crucial role in developing plans in order to anticipate these risks and respond appropriately. The Kingdom of the Netherlands calls for a UN special envoy who can focus on this.’

Dutch foreign minister asks for UN help in Sint Maarten relief effort

UK territories devastated by Irma ‘too wealthy’ for foreign aid

RT

British territories devastated by Hurricane Irma cannot tap into the £13 billion foreign aid budget because they are “too wealthy” under official international criteria.

Organization for Economic Cooperation (OECD) criteria enshrined in UK law means that the British Treasury will have to foot the aid bill to Anguilla, Turks and Caicos and the British Virgin Islands, rather than the Department for International Aid.

Total UK aid has reached £57 million so far. Officials claim many millions more will be needed to help with reconstruction.

The Department for International Aid denied that its response to the crisis had been affected by any budgetary considerations. In a statement to the BBC, it said: “This is an unprecedented disaster. It is absolutely right that the UK responds immediately to the people affected.

“This has been our primary focus and continues to be our priority. We are looking at how current overseas aid rules apply to disasters such as this one.”

There are very strict international rules around what officially counts as foreign aid, making it clear that only the poorest countries can receive what is known as official development assistance or ODA.

The OECD has confirmed that Anguilla, Turks and Caicos and the British Virgin Islands do not qualify for this official aid as their national incomes are too high.

A minister told the BBC that this has made it harder for the government to raise funds needed, and claimed five times as much money would have been available if the official pot of aid could have been used.

“These millions [announced by the government] are non-ODA, therefore they come from rather scanty resources. This great pot of ODA, necessary for development, needs to be spent on crises like this and we have to find a way of doing it,” the source said.

Turks & Caicos Islands: British-imposed financial officer breach of democracy

Turks and Caicos Weekly News

A flagrant violation of TCI`s democracy – Premier

THE POSITION of Chief Financial Officer (CFO) was a flagrant violation of the Turks and Caicos Islands’ democracy.

These sentiments were expressed by Premier Rufus Ewing at the recently-held UK Overseas Territories Attorneys General four-day symposium held in Providenciales from 18- 22 September at the Blue Haven Resort.

Delivering the keynote address at the conference, Premier Ewing lashed out at the British for imposing a Chief Financial Officer (CFO) upon the country under the new 2011 constitution.

He said it was sold to the people that the position would remain until such time that the Loan Guarantee was lifted after repayment of the UK guaranteed bond.

Ewing who shocked the gathering with his strong sentiments, revealed his plan to introduce in a CFO Repeal bill to the House of Assembly to forcefully demonstrate his Government`s will to remove the CFO.

He said: "This Government upon assuming office took the stance as communicated in my letter to the UK Secretary of State in February 2013 that the position of CFO was a violation of the principles of democracy.

"The responses received made it blatantly clear that we would be fighting an uphill battle against the UK’s position and this administration made the decision to focus efforts on governing this country and aggressively embarked upon one of the most successful economic recovery strategies seen in modern times.”

"We deemed it essential to fortify ourselves to fight another day and relied on the guarantee of the UK Government that the position of CFO would be extinguished upon retirement of the UK Guarantee.”

Ewing reminded the conference that his government has since toiled arduously and the people have made tremendous sacrifice to achieve the economic recovery of the country.

"We have retired our debt in February of this year and discussions had commenced with the Overseas Territories Minister and FCO from December last year as we demanded that the U.K. Government uphold its end of the agreement with the people of these islands.”

It was agreed in the Government`s discussion with the UK Government that there would be a six month transitional period following the repayment of the bond.

However, this period expired at the end of August of this year and the UK government has failed to honor their end of the bargain to remove the CFO.

Ewing, while addressing the gathering said: "Ministers and AG's, separated by the ocean we may be, and in some cases by vast distances, there is much we have in common and much that we share beyond our status as colonies of the United Kingdom.

"We share a belief in justice, fair play, honesty and each of us at the knee of our parents learned the value of a promise and that a man's word is his bond.”

The Premier even quoted Ecclesiastes 5:5 which reads:"It is better not to make a vow, then to make one and not fulfill it," to get his point across.

He noted that as the leader of the nation he has a responsibility to speak out and stand up when a vow made to his people goes unfulfilled, especially when they have adhered to the principles and the rules.

He said: "Six months ago a promise was made to the government of Turks and Caicos and to Turks and Caicos Islanders.

"A vow agreed upon in the manner that all honorable men and women of integrity understand from a people and from a nation who have proudly, ably and more than capably, fought their way back from economic dependency under the scrutiny and spotlight of the world at large; under the institutions and standards of good governance. We have the undeniable right to expect no less than honorable actions by the FCO, whom I now advise in turn to beware of the scrutiny and spotlight of the world at large, should they continue to treat this nation in a dishonorable manner.”

He emphasized that six months ago Her Majesty's representative of the United Kingdom vowed that upon the payment of a $170M debt that the CFO would be removed by an Order in Council, which would allow the duly and lawfully elected representatives of the people to resume the rightful authority to manage the financial affairs of the Turks and Caicos Islands.

The CFO, under the provisions of the CFO Ordinance, has absolute authority over the Public Finance Management Ordinance, and through his actions and by exercising his authority, has unilaterally appropriated funds whose expenditure were not sanctioned by the duly elected members of Cabinet.

Ewing pointed out that in several instances Cabinet opposed these appropriations where they were deemed not to be in the best interest of the people of this country.

"In addition to authorizing the spending of millions of dollars to the benefit of a UK initiated legal trial and investigation team, for which there is no accountability, an undertaking with no end in sight, the CFO has denied and delayed major policy initiatives and decisions of the duly elected government with no regard as to the far-reaching implications for the livelihood of our people and our businesses.

"In my meetings with all three of the successive Overseas Territories Ministers, who held office since we were elected to office, the Secretaries of State and DFID Ministers, I have discussed the following the issues of concern: "The UK Funding of the endless SIPT Trial, Constitutional Amendments and the role of the CFO and, to date, the UK government has continued to disregard the wellbeing of the people of this nation and has continued to abuse its responsibilities as a sovereign state.”

He asserted that the Turks and Caicos has the right to its autonomy.

"I say this to you today, because there comes a time when words are insufficient and action must be taken, and I am prepared the take the action of removal of the CFO, and likewise call for an inquiry into the unaccountable and endless expenditure of the SIPT trial and seek to recover every cent of monies spent.”

ALSO READ:  "Ewing demands inquiry into SIPT"

United Kingdom uses its unilateral colonial power to force Turks & Caicos to pay British prosecution costs in the dependent territory

"The territory's Cabinet had denied an earlier British "request" on August 3 for additional legal aid funds to continue to finance the Special Investigation and Prosecution Team (SIPT). As in the earlier case, the current decision of the democratically elected territorial government to deny said request was summarily overturned by the British Governor under his 'reserved powers' which constitute absolute authority in the 'overseas territory.' Colonialism has certainly not ended in the 21st Century, but continues in earnest, and has only taken on new dimensions." -  a Caribbean academic. 

______________________________________

Turks and Caicos Weekly News

FCO approves additional $3 Million for SIPT legal aid -Despite Cabinets denial

BY OLIVIA ROSE

THE FOREIGN and Commonwealth Office (FCO) has vetoed Cabinet’s decision to deny an additional $3 million dollars for legal aid in the (British) Special Investigation and Prosecution Team (SIPT) trials.

This was confirmed by the (British) Governor`s Office which revealed that the Governor referred Cabinet’s decision to the FCO in accordance with provisions in the Constitution.

The office told the Weekly News that: "The Minister for the Overseas Territories, Baroness Anelay, wrote to the Governor on 13 September instructing him under Section 3(4) of the TCI Chief Financial Officer Ordinance 2012 to direct the CFO to make the necessary arrangements for the budget allocation primarily for legal aid for the defendants in the trial as requested by the Chief Justice to be made available.”

According to the Governor`s Office the Minister’s decision was taken to ensure that the defence in the trial has access to the appropriate resources to which it is legally entitled so as not to compromise the compilation and presentation of its case.

"The Minister believes that this is essential for the continued good governance of TCI and the proper administration of justice.”

Cabinet on August 3 denied yet another request for additional legal aid funds made by the judiciary for the Special Investigation and Prosecution Team (SIPT) corruption trials.

According to media reports, noticeable changes have been made to the structure of the security detail for attorneys prosecuting the trial: all of the foreign security staff has been replaced by local officers.

This is a stark change, as since the start of the trial this year there have been several (more than five) specially recruited UK security personnel acting as bodyguards for the members of the Special Investigation and Prosecution Team (SIPT).

The Commissioner of Police also confirmed this change, but would not say why the change was made.

In the 2016/2017 budget $5.2 million was allocated to the SIPT under the police budget. $2.6million of that sum went to security for the prosecution team, and the remaining for housing and salaries, the Minister of Finance had told this publication.

An additional $4million has already been allotted in the current budget for legal aid costs.

In August last year, Governor Peter Beckingham had approved the initial $2.2M in a separate supplementary appropriation budget for security detail for the SIPT.

The SIPT and civil recovery process records indicate that the price tag has amounted to some $36 million to date, half of which was paid by the UK government.

Already nine months into the trial and prosecutors are already of the view that the trial could last way into 2017.

This realization has evoked widespread concern about the cost of the SIPT trials and its impact on the public`s purse.

Earlier this year, Minister of Finance Washington Misick categorically stated that the cost of the Special Investigation and Prosecution Team (SIPT) trial of former Premier Michael Misick and other corruption accused should be footed by the UK government.

He said: "My view is that those costs should be borne by Her Majesty’s UK Government.”

Misick said that the funds being spent on the trial could be used to further develop the country.

"We have a lot of things that we could be spending that money on, but at the end of the day, it says justice must not only be done it must be seen to be done, and sometimes the wheel of justice turns very slowly.

"My opinion and the opinion of the government and, I believe the majority of the people of the Turks and Caicos, is that if whatever purported wrong was done, it was done while we had a British Governor here and they were sleep-walking.

"If they can indeed prove that there’s been wrongdoing, they should pay for it.

"That is unfortunate and unfair to the people of the Turks and Caicos who have to foot that bill.”

This is not the first time a request was rejected for the SIPT trial; in August 2015 Premier Rufus Ewing rejected a request for $4.3million to provide security for Special Prosecutor Helen Garlick and her team.

The Premier's move was vetoed by the Governor who later approved the money from Government funds.

According to the 2016/2017 budget statements, the SIPT judicial cost was laid at some $5 million under revised statement for 2015 and 2016, while $4 million is slated for 2016/2017.

The Myrtle Rigby Health centre renovation for the SIPT trial was funded to tune of $1 million through a UK grant.

Since 2009, when they were accused of widespread corruption in the Sir Robin Auld report, Michael Misick and others have awaited their time before the judge.

Former Premier Michael Misick and several others are accused of defrauding the Government of millions of dollars.

Former Premier Misick, who is named as the main defendant in the trial, has since the beginning of the proceedings against him stated that he is being persecuted by the British government.

The SIPT trials began on December 18, 2015, after an in-depth four-year investigation into widespread Government corruption.

The hearings were expected to last six months, but the trial has seen many delays since it began.

And according to lead Prosecutor Queen’s Counsel, Andrew Mitchell it is very difficult to say when the corruption trial will end.

Mitchell recently disclosed that they have planned and timetabled the Crown’s case until June 2017.

Turks & Caicos Islands should have a constitution which "reflects the aspirations and wishes of its people" - U.N. Committee

Resolution

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.

 

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         [1] Official Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23), chap. X.

         [2] A/AC.109/2016/15.

         [3] Resolution 1514 (XV).

         [4] A/56/61, annex.

         [5] Official Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23).

         [6] See resolution 65/119.

         [7] Resolution 70/1.