House of Commons - Foreign Affairs

Select Committee on Foreign Affairs Written Evidence

Memorandum submitted by H M Loyal Opposition, Turks and Caicos Islands

1. INTRODUCTON

The purpose of this document is to provide the Foreign Affairs Committee ("FAC") with information deemed pertinent to its review of the Foreign and Commonwealth Office ("FCO") as it relates to activities in the Turks and Caicos Islands specifically. This document is not intended to cover all instances of dereliction or inappropriate behavior, but has been limited to substantiated instances that appear from our prospective to be of importance to the FAC.

We have additionally included certain matters for which we were unable to obtain documented support, however we have limited this to matters that could be easily substantiated by the FAC.

1.1 References

1. The current Government of the Turks and Caicos Islands is referred to in this document as "the Government" or "the PNP".

2. The Official Opposition is referred to in this document as "the opposition" or "the PDM".

3. The Foreign Affairs Committee is referred to as "FAC" or "the Committee".

4. The Foreign and Commonwealth Office will be referred to as "FCO".

5. The Turks and Caicos Islands Public Accounts Committee will be referred to as "PAC".

1.2 Definition and Role of the Opposition

1. The Opposition party in the Turks and Caicos is the party that holds a minority of the electoral seats in the house of assembly of the Turks and Caicos Islands. The Peoples Democratic Movement now serves as the opposition party.

2. The Opposition's main role is to question the government of the day and hold them accountable to the public.

3. We also represent an alternative government, and we are responsible for challenging the policies of the government and producing different policies where appropriate.

4. We view our role as to not only guard against abuses of our democratic rights and freedoms by the ruling PNP, but also to "check and prod" to ensure that they manage our fiduciary affairs prudently.

1.3 Activities of the Opposition

1. The opposition while making up ¹/₃of the Public Accounts Committee chairs that committee and has ongoing reviews into the manifold working of Government. The Public Accounts Committee meets twice per month, reviewing at least two completed audit reports each time.

2. The opposition chairs the administration committee and has one additional member on this committee. The committee is scheduled to meet once per month.

3. The opposition appointed one member to the expenditure committee of the house where the government appointed 5, we do not chair this committee, however this committee is scheduled to meet once per month.

4. The Opposition of the Turks and Caicos Islands has been carrying out its role as the watchdog of the system, however many of our attempts have been met with resistance.

1.4 Overall Goals and Objectives

1. To endure openness and transparency in the Governance of the Turks and Caicos Islands.

2. To remove all appearance and opportunity for impropriety from the governance of the Turks and Caicos Islands.

3. To work with all stake holder of the Turks and Caicos Islands to ensure the adherence to all principles of good governance in the Turks and Caicos.

4. To work towards the sustainable development of the Turks and Caicos islands with sensitivity to the environment and posterity of future generations of Turks and Caicos Islanders.

5. To obtain and maintain for the Turks and Caicos people a fairer and more equitable distribution of the wealth of the islands so as to provide more security and dignity for the less fortunate.

6. To maintain the political freedom of the Turks and Caicos Islands and to ensure the adherence to the "Fundamental Rights And Freedoms Of The Individual" as enshrined in the Turks and Caicos Islands Constitutional Order 2006.

7. To promote, nationally and internationally, the concept of human rights.

1.5 Relationship with HMG and her representatives

1. The leader of the Opposition and members of the opposition meet with the local Governor periodically to discuss matters deemed to be of national importance, we have however deemed these meetings to not be as fruitful as we would like.

2. For in excess of two years we have requested an audience with the Minister of state with responsibility for the Overseas territories, both through the local governor and directly, to no avail.

1.6 Committee's Role

We accept your role:

(a) To inquire into the exercise by the Foreign and Commonwealth Office (FCO) of its responsibilities in relation to the Overseas Territories and the FCO's achievements against its Strategic Priority No 10, the security and good governance of the Overseas Territories. In particular, this Inquiry will focus on:

(i) Standards of governance in the Overseas Territories.

(ii) The role of Governors and other office-holders appointed by or on the recommendation of the United Kingdom Government.

(iii) The work of the Overseas Territories Consultative Council.

(iv) Transparency and accountability in the Overseas Territories.

(v) Regulation of the financial sector in the Overseas Territories.

(vi) Procedures for amendment of the constitutions of Overseas Territories.

(vii) The application of international treaties, conventions and other agreements to the Overseas Territories.

(viii) Human rights in the Overseas Territories.

(ix) Relations between the Overseas Territories and the United Kingdom Parliament.

1.7 Our objective in submitting this communiqué

1. to offer ourselves to assist the Committee wherever possible and to offer ourselves as resource persons were needed;

2. to inform the Committee of areas of concern in the Turks and Caicos Islands and how it impacts on their mandate;

3. to convince the Committee to select the Turks and Caicos Islands as a jurisdiction that it should visit during its review;

4. to outline areas where the committee's scope should be broadened; and

5. to document for the committee the clear need for commissions of enquiry in to certain matters of governance in the Turks and Caicos and encourage the committee to recommend same.

2. STANDARDS OF GOVERNANCE IN THE TURKS AND CAICOS ISLANDS

2.1 Conflicts of Interest

2.1.1 Health Care System

There is now a blatant conflict with the management of the Health Care system.

With limited medical expertise and resources locally, the Turks and Caicos Islands are forced to med evac many patients to the United States for further care. This cost has been escalating over the years and is due in some part to the increase numbers of catastrophic cases but recently it is largely due to the conflict that has arisen in the management system.

The Turks and Caicos Islands Government has over the years retained the services of Canadian Medical Network ("CMN"), an independent established provider of medical cost management services, to manage the overseas referral program. The main purpose of CMN's relationship with The Government of the Turks and Caicos Island ("TCIG") was to ensure quality care and obtain discounts on the fees charged by hospitals. In return for its services CMN received 25% of savings obtained as its commission.

On 8 March 2007 the Government's Audit Department produced a report of its system audit of the Grand Turk Hospital revealing among other things the "Poor Administration of the Overseas Treatment program".

In response to one of the queries raised in that audit, management indicated that it had changed service providers and was using a Cayman based company, Southern Health Network ("SHN"), as it treatment abroad coordinators. The Director further revealed that TCIG was SHN's first client in the business of managing medical treatment.

In a meeting of the public Accounts Committee held on 10 July 2007 (still awaiting minutes of this meeting),[282] the director of health services indicated that TCIG is now compensating SHN at a rate of 50% the savings obtained.

The director of health services also indicated that during the process of change CMN had offered to reduce their commission to 15% of savings.

This makes SHN's cost 200% of the cost of CMN and 333% of the proposed cost of CMN.

The Conflict

The new provider, SHN is principally owned and operated by Mr Delroy Howell, a Caymanian business man who is tied to the Government as follows:

— Mr Howell was a significant contributor to the PNP's campaign.

— Mr Howell is involved with the financing arrangements for two proposed new hospital in the TCI.

— Mr Howell is a beneficial owner in Whalewatchers Ltd, a company that owns Harbour house, a building to which the government is planning to move some of its offices.

— It is also alleged that the Minister of Finance may have an interest in Harbour House with Mr Howell (this has not been confirmed) but what is of interest is the fact that the Deputy Premier's attorney, holds a Directorship in this company.

— Mr Howell is a partner with Hon Galmo Williams, Minister of Immigration in the Turks and Caicos Islands, in First Financial Caribbean Trust Company.

— Mr Howell is also a business associate of other ministers of government in other ventures, however we have limited our details to those that we are able to substantiate at this time.

As a result of the questing of the PAC we were inform that SHN has refused to provide detailed statements of procedures, patients, original cost and savings obtained, as was the Case with CMN, to allow hospital staff to verify the calculation of SHN's commission.

Mr Howell has been known to call Staff of the hospital himself directly to complain of non payments which are largely due to his refusal to provide the original paperwork.

Supporting Information Attached[283]

1. Appendix 1—Special Report of the Chief Auditor of the Turks and Caicos Islands on the systems audit of the Grand Turk Hospital.

2. Appendix 2—Report of the Liquidator of Leadenhall Bank & Trust Company Limited, which outlines the shareholders of First Financial on Page 8.

3. Appendix 3—Copy of the Register of lands for Parcel 10304/142 (the registered block and parcel number of Harbour House).

4. Appendix 4—Details of a company search of Whalewatchers Ltd.

2.1.2 Government Housing Project

The Government of the Turks and Caicos Islands has embarked on two affordable housing projects, purportedly for the wellbeing of its citizens.

Under the scheme, there is one partially completed program on Providenciales where Crown land was awarded to Urban Development Ltd at considerably reduced prices to enable a savings to be passed on to consumers.

There is a second program planned for Grand Turk where 15 acres of crown land is being awarded to Cerulean Homes ltd for 25% of the market value of the Land.

There is also conflict as it relates to the Government's Housing Program.

The Conflict

1. Mr Jahmal Missick, who is the nephew of the Premier is a principal in Cerulean Homes, a company that was given crown land to construct affordable housing on Grand Turk.

2. Both entities have been given considerable concessions on the price of the land and on duties for importation of materials.

Supporting Information Attached

APPENDIX 4-8[284]

1. Appendix 5—Copy of Systems Audit of Housing Program.

2. Appendix 6—Copy of the offer of land to Jahmal Missick (nephew of Premier).

3. Appendix 7—Development Agreement for construction of Housing Program.

2.2 Poor Financial Management

2.2.1 TCI National Insurance/Social Security Scheme

We are extremely concerned about this fund and the Minister's direct interference with its governance.

2.2.1.1 The National Insurance Audit

The Audit Report of the National Insurance Board, as at and for the year ended 31 March 2005 conducted by an independent accounting firm under section 62 of the Finance and Audit Ordinance revealed that despite the audit being tabled the previous year on the floor of the Legislature none of the matters had been addressed by the Minister and the Board of Directors or the Director himself.

The audit highlighted serious weaknesses with the accounting function. Basic Key controls were not properly prepared, nor in a timely manner:

"The financial records presented for the audit were inaqeduate, incomplete and misleading; in fact significant adjustments were made to reflect the true financial position of the national insurance board".

The Audit Report also found that monthly financial statements presented by the NIB's financial controller to the Board of Trustees were MIS-STATED by several thousand dollars. It also found that "the lack of basic key controls was compounded by the lack of management review" and oversight of the accounting function and financial records.

The audit report found that eleven (11) issues raised in the previous year's audit report have been repeated in that year's report. The large number of repetitions suggests that management and the Board of Trustees are failing in their fiduciary responsibilities. The Audit Report also found that there was a clear lack of commitment to a good control environment and that management has not responded to any of the issues raised in this report.

There are unverified balance and missing number balances, held over from the old accounting system that remain and compounded by the level of unverified contribution statements.

There are no reports on under collection or over collection. The matter the protection of the NIB's assets is at issue here.

2.2.1.2 NIB Building in Grand Turk

The NIB is currently housed in rented accommodations in Grand Turk (main headquarters). In 2001 the Board took the decision to construct its own building and committed in excess of US$5M for its construction.

Construction began in early 2003 and was completed in late the same year.

On assuming Office, the current government took the possession of the complete NIB Building, for use of the Premier's office on the first floor and the House of Assembly on the second floor.

Four years have passed and to date the Government has not entered into a lease or letting agreement for the use of the building.

The National Insurance Scheme is the only social security/pension fund available to thousands of Turks and Caicos Islanders. The misuse or poor management of this fund may have dire effects on the well being of many Citizens.

We believe the Government's involvement in the management of the NIB, to be a breach of trust and an example of poor corporate governance.

2.2.1.3 Contravention of investment policy

Over Investment in TCI Bank

NIB has a Policy that is being breached of having not more than 5% in the total assessment of one investment and no more than 10% within the Islands. The Fund is not in compliance with its own Investment Policy and its investment in TCI Bank has surpassed the stipulation as it relates to its investment in TCI Bank.

Supporting Information Attached[285]

1. Appendix 8—Copy of the 2005 report of the Chief Auditor to the house of Assembly on the National Insurance Board.

2. Appendix 9—Copy of the 2006 Report of the Chief Auditor to the house of Assembly on the National Insurance Board—highlighting the lack of a lease agreement.

3. Appendix 10—Copy of NIB investment policy.

2.3 Government dealing with investors of questionable reputations

2.3.1 Arturo Malave

The Government of the Turks and Caicos Islands has facilitated discussions with Arturo Malave, who has a questionable pass.

2.3.2 Increasing Russian Involvement in TCI

In recent years there have been considerable new business interest in the Turks and Caicos Islands from Russian Business Men. This interest has been most easily seen, but not limited to the Real Estate Industry where there have been a significant number purchases over the past four years.

In recent weeks the Government of the Turks and Caicos Islands has led a delegation to Russia with a view of attracting additional Russian business to the TCI.

While we understand the growth in wealth in Russia and the potential for business opportunities we believe it to be equally important that proper due diligence and background checks are performed on each new investor to the TCI from that part of the world, given its less than stellar business reputation.

We have been unable to determine the extent or event occurrence of due diligence conducted.

Supporting Information Attached[286]

1. Appendix 11—(Not received).

2. Appendix 12—Copy of correspondence indicating the Government's willingness to engage in agreements with Mulave.

3. Appendix 13—News and correspondence detailing Mulave's history.

2.4 Government questionable immigration policies

Shortly after coming to Office, the Government lifted the Visa Restrictions for Russians and Columbians removing the scrutiny process and leaving only the clearance process at the Airport once landed.

The list of countries no longer needing a visa to visit the TCI has been amended to include Romania, Russia, Cuba, Philippines, Namibia, Colombia, Thailand and Honduras. The list includes Eastern Block Countries such as the Czech Republic, Cyprus, Malta, Slovenia, Estonia, Lithuania, Poland, Latvia, Hungary and Slovakia.

We believe that the limitation of controls creates a national security concern as it may provide for undesirables and terrorist gaining access to the wider world through the TCI.

Supporting Information Attached

1. Appendix 14—Government Press Release removing visa requirements.[287]

2.5 Anti-Corruption Legislation

The current government came to office on 7 August 2003 promising to bring anticorruption legislation within three months of coming to office.

On 8 August 2006, after three years in office, the opposition submitted a draft integrity in public office (anti-corruption) bill for presentation to the house of assembly.

At the house meeting in October 2006 all members of the governing party voted against the new legislation, at its first reading preventing it from proceeding to a second reading for debate.

This was alarming given that over the preceding three years we saw:

1. Ministers of government building multimillion dollar homes;

2. Ministers of government selling off acres of crown land for their own personal benefit, but no anti corruption bill (see section 5);

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4. Ministers spending millions on their private entertainment, but no anti corruption legislation;

5. We've seen alteration to the zoning of areas set aside as national parks and reserved wet land, and portions of those parcels ending up in the ownership of ministers, but no anti corruption bill;

6. We've seen companies sell their lottery license before it was issued, but no anti corruption bill;

7. A complete disregard for the tendering process, where contracts are awarded for millions of dollars above their value, and millions of dollars above what the owners of those business will see, but we have seen no anti corruption bill;

8. We had seen the lower bight road completed for almost twice what the lowest bid was, but no anti corruption bill;

9. Public funds have been paid to secure international awards and recognitions for ministers of Government, but no anti-corruption legislation;

10. In three years you've seen ministers of government gone from driving borrowed used vehicles to building homes in excess of 10 Million Dollars, but no anti corruption legislation.

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And through all of this no anti-corruption legislation has been passed by the government of the day. During the last sitting of the House, the Bill was again not passed and now left in Committee Stage.

Over the past three years we have also heard allegations of:

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2. people buying PRC's and belonger status from the cronies of this government, but no anti-corruption legislation;

3. Ministers of government allowing Kischo to operate in Grand Turk without a license, but no anti corruption bill;

4. scores of businessmen having to provide ministers of government and their cronies with proceeds from their business in order to operate, but we have seen no anti corruption bill;

5. allegations of ministers involvement a plan to purchase the airports, but no anti corruption bill;

6. allegations of minister of government strong arming telephone companies for equity and delaying licenses for more than a year until they got what they wanted, but we have seen no anti corruption bill.

Supporting Information Provided[291]

1. Appendix 15—Minutes of the meeting of the House of Assembly September 2006.

2. Appendix 16—Election Declaration of Premier in 2003.

3. Appendix 17—Copy of register for Premier's Residence.

4. Appendix 18—Register of Land showing property purchased Government in 2004 still registered in the name of Charles Washington Missick.

5. Appendix 19—Copy of Judicial review filled by Paul Keeble alleging corruption on behalf of Ministers.

2.6 Lawlessness

We believe that there has been some degree of lawlessness condoned by the current administration and will site the following as examples:

1. Lottery license

In 2007 the Government of the TCI issued a license to operate a state lottery, however before the legislation was passed the licensee was sold stating the TCI License as a significant asset of the company.

2. Casino

The government recently made an amendment to the casino's ordinance to allow Belongers earning over 70,000 per year to play, however people were playing in the casino before law was passed.

3. THE ROLE OF GOVERNORS AND OTHER OFFICE-HOLDERS APPOINTED BY OR ON THE RECOMMENDATION OF THE UNITED KINGDOM GOVERNMENT

3.1 The Governor

3.1.1 Appointment

The governor of the Turks and Caicos Islands is appointed by Her Majesty under Section 20 (1) of the Turks and Caicos Islands Constitution order 2006 ("the Constitution").

3.1.2 Role of Governor

3.1.2.1 The Governor sits as the Chairperson of Cabinet.

3.1.2.2 Section 25 (2) of the Turks and Caicos Islands Constitution requires the Governor to act in accordance with the advise of cabinet.

3.1.2.3 The Governor's special responsibilities as outlined in section 33 (1) of the Constitution include:

— defense;

— external affairs;

— the regulation of international financial services;

— internal security, including the Police Force;

— the appointment of any person to any public office, the suspension, termination of appointment, dismissal or retirement of any public officer, or the taking of any disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service for which financial provision has been made, or the organization of the public service in so far as it does not involve new financial provision.

3.1.3 Activities of the Governor

3.1.3.1 General

1. We are concerned that the over the pass few years the current governor has not paid particular interest to good governance and may not have been as vigilant as necessary.

2. We further believe that there is room for a greater degree of confidentiality with the governor.

— There have been reports to us and we have personally experienced that all statements made to the Governor is repeated to the elected government verbatim.

— In an environment where many of the business people of our country rely on government approval for work permits, licenses and other operating necessities, there is a general atmosphere of fear and intimidation.

3. We believe that on more than one occasion the actions of the Governor's office has been cause for concern.

We cite the following three direct instances that involve decisions made or not made by the Governor or his office that has raised cause for concern.

3.1.3.2 Financial Management

The finance and audit ordinance requires that all expenditure is approved by the House of Assembly. As such The Governor's office was required to submit a supplemental appropriation bill to cover the overages in the years 2005-07 as it relates to the residence that the Governor maintains at the Pinnacle on Grace Bay Beach at some $8,000 per month. The supplemental bill was never tabled in the House or debated.

3.1.3.3 Oversite

The governor has special responsibilities for appointment of members to the Public Service Commission. He appoints in his discretion the Chairman of the Commission. In late 2006 the Government decided to reduce the salary paid to the Chairman of the Commission to pressure the Chairman into resigning from the post. The Governor did not act to stop this sort of abuse by the executive to ensure that the Public Service Commission was free from political interference after the Governors office made the appointments. A case is/was pending in the appeals court regarding the matter.

3.1.3.4 General Election Oversite

1. Lastly, the 2007 General Election took place in very awkward set of circumstances. The announcement came on 12 January for a 9 February election, less than 28 days. The elections register was not complete. The elections occurred before a claims and objections process could have been gone through and the Elections Supervisor used an obscure part of the elections ordinance to add names to the register, this part of the register is rightly used to add on persons who were previously on the register, but were imprisoned and before elections they were released from prison.

2. The advice taken by the Governor in circumstances such as these should not be from persons who sit in Cabinet with other Ministers of Government as we believe there could be influence. Furthermore, the leader of the Opposition requested that the post election report published by the Foreign and Commonwealth Office be published and the Governor has never published it or given the Opposition a chance to review it. The FCO should be transparent with all things with Government and Opposition alike as it relates to the matters of the territory.

3.2 The Attorney General

We are concerned as to whether the Attorney General is able to maintain an apolitical stance and retain his impartiality and objectivity.

In July 2007 Hon Arthur Robinson, an elected member for constituency #3 North Backsalina, was assaulted by the Premier in front of a witness, yet the Attorney General did not see it as in the "public's interests" to proceed with any prosecution.

A camera was stolen from Shaun Malcolm by one of Misick's bodyguards. The camera was later returned to the police. There was an independent witness who gave a statement.

The police decision to not bring charges was a result of advice given by the Attorney General. Our only goal in matters such as these is that a judge or jury make a decision of innocence or guilt based upon the facts presented in a court of law.

3.3 Chief Justice and magistrates

(a) Pedophilia and courts There was recently a case where a gentleman was convicted of 12 counts of sexual assault on 10 school age girls, all under the age of 11 when the acts occurred. The accused, who happens to be a relative of the premier, was given a seven month suspended sentence as penalty for his actions.

4. THE WORK OF THE OVERSEAS TERRITORIES CONSULTATIVE COUNCIL

It is our opinion that the Consultative Council provides a good opportunity to regain lines of communication between the United Kingdom and her overseas territories and for open discussion on the ever changing dynamics of that relationship.

We encourage the continuation of the consultative council with a greater ability for decisions to be made in that forum.

5. TRANSPARENCY AND ACCOUNTABILITY IN THE OVERSEAS TERRITORIES

5.1 Self Dealing in Rent of Premises for Government Offices

There has been a consistent lack of tendering on Government projects, especially in the area of the Housing Projects and the Government Road Projects.

5.1.1 Constituency Offices in Party Headquarters

There is a blatant conflict of interest as it relates to the Government renting Office space at its Party Headquarters in Providenciales.

During this fiscal year (2007-08), the Government included in its Budget constituency Offices for all elected Parliamentarians. The six constituencies in the country`s most populous island, Providenciales are held by the Government members. The Offices by its very name denotes that it should in the various constituencies.

The Government is currently renting its entire PNP Party Headquarters located in the Cheshire Hall constituency for all six Parliamentarians, the property is referred to "Progress House".

We see this as just another attempt of the ruling Progressive National Party to funnel funding from the treasury to the party.

5.1.2 Government Offices in Minister's Buildings

The Premier and his wife, Lisa Raye McCoy Misick are erecting a building on the Leeward Highway. We are reliably informed that some Government Departments are being asked relocate its offices there once the building is completed. One such Office is the Small Business Division of the Turks and Caicos Islands Investment Agency.

We are also aware of the fact that the Minister of Finance has acquired a building in Grand Turk commonly known as "Harbour House" and holds same in the name of a company, Whale Watchers Ltd. We are also reliably informed that this building is now being renovated to house the Ministry of Finance.

5.2 Self Dealing in Crown Land

5.2.1 Awards to Three Ministers, directly and through Close Relatives

On 13 July 2005, evidenced by action minute 05/558, approved the grant of freehold title over parcels 60000/150 151,152 and 153 (crown land) to the following persons:

1. Jeffrey Hall—Current Minister of Housing and telecommunications.

2. Quinton Albert Hall—the brother of Deputy Premier Floyd Hall.

3. Earlson McDonald Robinson £ Brother to Current Minister of Health and Human Services—Lillian Robinson-Boyce.

4. Samuel Been—Ex Husband of Minister of Health and Social Services—Lillian Boyce and current Government backbencher.

The Executive Council has now been renamed cabinet. The membership of the Executive Council was as follows:

1. H E The Governor as Chairman.

2. Chief Minister and all cabinet ministers.

3. The Chief Secretary (post no longer exist).

4. The Attorney General.

On 7 June 2005, a month before they were awarded the freehold title, Quinton Hall, Earlson Robinson and Samuel Been entered purchase agreements with David Wex, in trust for a company to be incorporated. The agreement offered:

1. US$ 1,355,000.00 to Quinton Hall, Brother of Deputy Premier.

2. US$ 1,357,000.00 to Earlson Robinson, Brother of Minister Lillian Boyce.

3. US$ 2,144,000.00 to Samuel Been, Ex-husband to Minister Lillian Boyce and current government backbencher.

Hon Jeffery Hall has received cash and an equity state in Urban Development Limited, the company that is proposing to develop the aforementioned parcels.

Hon Hall has declared his interest in Urban Development.

The Issue

When the current government came to power large tracks of unused land were held by the crown to allow for future development. Successive governments have adopted a policy of awarding crown land to persons that see to develop the property in a manner that is beneficial to the country and its people.

Never before has crown land been awarded for on selling to prospective developers.

Ministers of Government have been able to acquire acres of Crown Land to sell themselves thus using their position for self enrichment.

The Conflict

Executive Council, made up of ministers of Government are able to award themselves and their close relatives acres of crown land and then sell the land to third parties thus using their position for unjust self enrichment.

Support[292]

1. Appendix 20—Copy of Executive Council Minute.

2. Appendix 21—Copy of Offer to Purchase—Quinton Hall.

3. Appendix 22—Copy of Offer to Purchase—Earlson Robinson.

4. Appendix 23—Copy of Offer to Purchase—Samuel Been.

5. Appendix 24—Development Agreement between Government Urban Development.

6. Appendix 25—Jeffery Hall's declaration where he declares his interest in Urban Development.

5.2.2 Undervaluing of land issued to Premier

In August 2006 the premier took 18.28 acres of beach front crown land in the northwest point area (60000/36) unto himself and had the land valued at 121,444.20 per acre.

Land on the beach in the Blue Hills area, which is less desirable than the Northwest point area has been selling for between 500,000 and 1,000,000 per acre.

In land parcels in the blue hills area, less than a mile from the island's bump site have been selling for in excess of US$200,000 per acre.

Support[293]

1. Appendix 26—Copy of letter from Minister McAllister Hanchell giving the premier freehold.

2. Appendix 27—Details of actual sales in the Blue Hills area.

5.3 Award of Immigration Status

The Change Office In The Immigration Department

The Change Office in the Immigration Department is further alarming. This office is staffed and funded by public funds collected by the taxpayers of the Turks and Caicos Islands under authorities created by the Finance and Audit Ordinance, Her Majesty and the TCI Constitution.

Yet the manager of that office is instrumental in the making of public decisions about who should get and who should not get Belongership status and Permanent Residence Certificates.

The Manger in the Immigration Change Office is the Secretary General of the PNP Party and nephew of the Premier.

Mr Gardiner is currently drafting the Immigration Bill for presentation to the House and he still serves in this capacity.

5.4 Attach on Oversight in the Legislature

When the PNP Government came to office the concept of them having a mandate was in deep dispute. As soon as the Legislative Council Oversight committees were appointed The PNP Government moved a motion and forced through an amendment to standing orders to reduce the number of members on the oversite committees, thus reducing the number of opposition members that could sit on the committees.

The Government proposed and passed a Motion to allow a maximum number of questions to be asked in one sitting. We see this as an attack on the oversight role of the Opposition especially in light of the fact that meetings are held infrequently and when held Ministers oft times disappear and do not make themselves available during question time and also there are situations where Ministers have refused to answer questions.

5.5 Land and Housing

5.5.1 Purchase of Premier's residence

Premier declared net worth of 50,000 in 2003. Please find attached the Register of Member's Interest and the Candidate`s Declaration made in 2003.[294]

In early 2004 the Premier purchased property valued in excess of 2.3 million[295] with no mortgage. The Premier subsequently built a multi million dollar house on this property in Providenciales.

Support[296]

1. Appendix 28—Copy of land registry`s register showing date of purchase and date that mortgage was placed on property.

2. Appendix 29—Copy of construction company correspondence confirming construction cost to be in excess of US$6,000,000.00.

5.5.2 Transparrancy in the issuance of Crown Land

The public are not satisfied that the recent Land Review Committee appointed by the Chief Minister contains sufficient objectivity and detachment from the Government to be able to look properly, carefully, transparently into land dealings which are in the least questionable. A committee composed of allies to the Chief Minister; the brother of the Chief Minister and other close confidants of the Government does not inspire confidence. Furthermore, the bone thrown to the Opposition to function as a minority member of such a committee is an insult to commonsense and democratic practices worldwide.

Essentially the Chief Minister has ensured that his actions will not be scrutinized. Lands are being given away and sold under this new Policy and the Minister is allowed to issue lands and then to bring his decision to Cabinet. Please see a letter of Offer from the Minister of Natural Resources to the Premier evidencing the abuse of this new Policy.

5.6 Election Year Spending

The Turks and Caicos Islands held its General Election in February 2007 and there were a number of concerns that were raised for which no satisfactory explanation has been received.

5.6.1 Premier's Entertainment Vote

We raise with concern the expenditure of the premier from his entertainment vote (07-015-34701) during the election year and request that you kindly observe the trend:

1. For the fiscal year 2003-04 expenditure from this account was $136,311.

2. For the fiscal year 2004-05 expenditure was $145,887.

3. For the fiscal year 2005-06 expenditure was $277,008.

4. For the fiscal year 2006-07 expenditure was $1,381,566.

5. For the fiscal year 2007-08 expenditure was $559,959.

5.6.2 Petty Contracts

During the months leading up to the General Elections of 2008 there were thousands of petty contracts that were awarded by the government to potential voters in an attempt to influence the outcome of the vote.

While we do not discourage the award of contracts for works that are needed we do not believe that in the weeks after an election is called and the date of polling, that the Government should be able to use its function of government to seek to influence the voting population.

5.6.3 Grant of Crown Land

During the months leading up to the General Election of 2007 there was a significant spike in the ward of crown land in that there were persons receiving the grant of land in North west Point Providenciales and in West Caicos, that had never applied for or expressed any interest in those Parcels.

While we applaud the grant of crown land to any Turks and Caicos Islander that desires to develop it. We are suspicious of the timing of the grants.

6. REGULATION OF THE FINANCIAL SECTOR IN THE OVERSEAS TERRITORIES

We make no comment on this section at this time.

7. THE APPLICATION OF INTERNATIONAL TREATIES, CONVENTIONS AND OTHER AGREEMENTS TO THE OVERSEAS TERRITORIES

We make no comment on this section at this time.

8. HUMAN RIGHTS IN THE OVERSEAS TERRITORIES

8.1 Attack on Fundamental Constitutional Rights

We are concerned about the fundamental human rights of the people of the Turks and Caicos Islands and the threats these rights are under by the current Government.

Section 75, Turks and Caicos Islands Constitution

We now turn to the basic instrument that guarantees us our freedoms here in the Turks and Caicos Islands. This instrument is the Constitution and in particular section 75 preserves the right to free speech. Section provides inter alia that "except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence".

8.1.1 Access to the Media

In a modern democracy it is expected that people will differ. Therefore it was provided that people must be free to hold opinions, express them, receive them and impart ideas without interference. In a modern democracy such as ours the section 75 has had free reign.

8.1.1.1 Access by the Opposition

The Turks and Caicos Islands is made up of 40 islands and cays, eight of which are currently inhabited. There are three cable providers in the Turks and Caicos covering the populations of 32 islands. The only media that covers the entire country is Ratio Turks and Caicos, a state run radio station that is funded by the tax payers of the country. Therefore in matters of national importance it is critical to gain access to the media through radio Turks and Caicos.

On 8 August 2006, the Official Opposition called a press conference to announce that it had drafted an anti corruption bill and were taking the bill to the house as a private members motion at the following meeting of the house. In the broadcast of that press conference we sort to have radio Turks and Caicos air the broadcast and contracted with them to provide the service.

Less than two hours before the press conference was to commence the radio station indicated that they would not be carrying the conference, but gave no explanation.

On 12 January 2007, the day that the Premier announced the date of elections in the TCI, we sort to give an address responding to the call of the election, no less than the Premier himself gave a directive to RTC to prevent us from having that broadcast aired on Radio Turks and Caicos. In this instance the Governor did intervene and we were allowed on the air, albeit an hour later than the time advertised.

On 10 February the day after the election, the leader of the Opposition visited radio Turks and Caicos and recorded a speech congratulating the government on their victory at the polls and thanking our supporters. This was recorded by staff at the station that had no problem with the speech, but they received a call from the chairman of the broadcasting commission instructing them not to air the speech.

While these breaches of fundamental human rights appear to becoming common place with this government, not one media house in the Turks and Caicos Islands saw this as a story worthy of coverage.

When the national media has become so intimidated, so compromised and so biased that the infringement of basic civil liberties are not worthy of mention, then we have much to do.

In this instance we followed the prescribed protocol and in March 2007 filed an appeal of the decision of the chairman to disallow the playing of the recording.

To date this appeal has not yet been heard.

In September 2007 there was significant labour unrest in the Turks and Caicos Islands and on 24 September the leader of Opposition recorded a press release that was recorded by staff at the radio station. That press release is yet to be aired, yet the premier was allowed to engage in personal attacks on members of the opposition and those attacks were aired several times a day for in excess of a week, with the opposition never being able to respond on that same media.

8.1.1.2 Access by Ordinary Citizens

Under the previous PDM administration section 75 was alive and well. There was a radio talk show called "Voices" which aired on Radio Turks and Caicos (RTC) the Government's radio station. This show was funded by taxpayers. It was funded from the Treasury.

People were allowed to call in and bash the PDM Government. Ministers were attacked viciously and verbally by all members of the TCI public. People had a place to vent their frustrations or pleasure with the former PDM Government on the Government`s radio station. No PDM Minister ever threatened the talk show. No PDM minister ever attacked the right of the Government`s radio station, funded by taxpayer's money to attack the PDM Government. You can say this attack on the PDM for eight years was relentless and inspired mostly by the PNP Opposition. As soon as 7 August 2003 came around, democracy was subverted. The PNP Government took Voices off the air. Can you imagine? The PNP supporters are not calling for its return. I am sure it's not because they want their Government to do what it likes but because they know that no one in the PNP Government is prepared to listen.

8.1.2 Private Sector

It has been brought to our attention that many private sector companies in these islands, confirm privately that they are afraid of doing business with supporters of the Opposition, Peoples Democratic Movement ("PDMS") and people who do not support this Government.

If you are a PDM and chose to exercise your section 75 right to be who you are and what you are in these islands then the right to be so will be attacked by the PNP Government.

There are many instances where investors come to these islands and they are shown the door of the Turks and Caicos Islands Investment Agency. Or they will be shown the letter of the Chief Minister's law firm where his name appears as one of the partners. Therefore one has no choice but to instruct that firm. The message is given out loud and clear was investors must invest. Furthermore, if people are businessmen in these islands and known PDMS come are in business with the persons on work permits that association is soon severed because instructions will be handed down not to deal with that known PDM Supporter despite the presence of section 75 in the Constitution which guarantees to us all basic rights and freedoms.

8.1.3 Plain Talk with Finbar Grant

The most remarkable thing about the Finbar Grant show was that the guests who were on that show were reading from documents sent out by the PNP Government. All those documents said was that the PNP Government ran a US$12 Million Deficit for most of 2004. No PNP Minister has ever questioned the finding. The country was run by a corrupt Government. Therefore it will run into financial difficulty. Land is being sold to friends and cronies of the PNP so there will be minimal land monies coming in to the Treasury. Therefore there will be a crunch on scholarships. Students will have to return home as they are. But the Chief Minister being well aware of these facts do address them. All he does is attack the person for reading off facts that were handed to them by the Minister of Finance. Is not section 75 at issue? The naked act of a Government attacking people who disagreed with them at the press conference shows an empty minded administration with no agenda except the cause of self enrichment.

The Constitution

It follows therefore that the PDM as the official opposition would have made a serious mistake if it had supported this Government in its quest to accrete more power unto itself. It is patently obvious that they do not believe in the basic concept of freedom and the freedom of speech. They cannot be trusted with more power.

8.2 Treatment of Migrants

There are tents being constructed on the Road to Heaving Down Rock adjacent to the Miniature Golf Course to house migrant workers on squalid living conditions. We are really concerned. This is a nightmare and a tragedy. We ask the Government to retract these decisions in the best interests of our people and economy.

These tents do not bode well for the people of the Turks and Caicos Islands. Cheap labour is not cheap. It represents a number of items which are inimical to a developing nation such as ours.

The low, cheap, poor squalid living conditions give rise to disease and the spread of communicable diseases in the community.

It represents severe living conditions where we are learning that in some other housing areas that men are being forced to live in small rooms of 9 persons to a room The probability of crime and violence is ever present.

There is serious cause for concern as it is very possible that Ministers of the PNP Government are possible recipients of bribes to allow the Planning Laws to be breached as in the case of the Chief Minister and the Health laws as in the case of the Minister of Health, Floyd Hall.

The project will also cause property values in the area to fall owing to these squalid living conditions.

There is also the concept that the developer was awarded Crown Land long before the project developed. It is clear that this developer has bribed the Minister of Finance, Floyd Hall and Mike Misick with suites two a piece in the seven Stars Project on Grace Bay in exchange for the agreement to allow serious laws of the TCI to be broken.

Treatment of Prisoners

Prisoners have been kept under the most unsanitary conditions in the Police Lock Up in Providenciales and Grand Turk where the latter is a more permanent situation. The lockup in Grand Turk has no proper ventilation and with the non functioning toilets being a usual occurrence the odor sends a stench through to the Offices on the ground floor. It is roach infested and not suitable for human beings.

A recent article by leading and oldest Newspaper, Turks and Caicos Weekly shows the conditions of HM Prison in Grand Turk. This facility continues to be in breach of the rights of remanded individuals who are treated and housed as convicted criminals.

8.3 Treats on freedom of speech

Subsequent to the FAC's visit to the Turks and Caicos Islands there was a threatening ad that was taken out in the Turks and Caicos Sun, seeking to intimidate those that had made submissions to the FAC.

The ad is attached as Appendix 30.[297]

8.4 Human Rights Legislation

After years of request the Government in February 2007 brought a human rights commission bill to the house for passage. The bill as brought provided the cabinet with appointment of four of the five appointees.

We requested that the commission be formed similarly as the public Service Commission where two members are appointed by government, two by the opposition and the governor appoints an impartial chairman, so as to avoid any politizing of the body.

8.5 Labour Organization

There are no formally established labor unions in the Turks and Caicos Islands. The government of the day has on more than one occasion expressed their unwillingness to see any form of organized labor and have thus has refused to bring any legislation to enable the proper recognition and governing of any such organizations.

9. RELATIONS BETWEEN THE OVERSEAS TERRITORIES AND THE UNITED KINGDOM PARLIAMENT

We acknowledge and respect varied roles that members of parliament and officials of the Foreign and Commonwealth Office play.

We believe that the there is opportunity for an enhancement of the relationship between the Overseas Territories and the united Kingdom through greater dialog and sharing of resources.

We applaud the recent decision to allow citizens of the overseas territories to study in the United Kingdom at the same tuition cost as UK residents.

We however believe that there is room for improvement. For two and a half year the official opposition has sort an audience with the minister with responsibility for overseas territories or a member of her staff. We have tried to go through the proper channels of the Governors office and have contacted the ministers office directly, yet to date we are yet to be granted an audience.

We do not believe that this form of disengagement where there are areas of serious concern in an appropriate manner of moving ahead with a an organization that may be the Government of the Turks and Caicos Islands.

9.1 Opposition access to UK Government functionaries

The official Opposition has tried on numerous occasions to hold direct discussions with the Parliamentary Secretary with responsibility for the Overseas territories dating back as far as November 2005, to discuss the various issues addressed above, with no success.

In November of 2005 we sort an audience with the then Minister, Lord Treisman, through the governor's office, a request that was rebuffed. We subsequently were able to meet with the minister in 2006 during his visit to the TCI. That meeting lasted less than an hour and the discussions were limited to the process for amending the constitution.

As recently as July 2007 we sort an audience with current minister Meg Mum. Given the response we had received when going through the governor`s office and our perception of inaction from that office, we contacted Hon Mum's office directly requesting an audience only to be told that we could not get an audience and that we should address our concerns with the local governor.

10. CONCLUSION

The above articled issues are limited to issues of concern that can be substantiated. There are at least four times as many concerns which we believe to be true, but for which we are unable to obtain documentary evidence.

It is our opinion that any act of inappropriate behavior by those elected to manage the affairs of our country sends a negative image of our country.

Where those clams are legitimate we would expect prosecution. Where those instances are unsubstantiated, we would home that the good name of those accused are cleared.

However we believe that the only way to get full details of information is the appointment of a commission of inquiry with powers to suppenor and that the full details of all accusations be investigated and put to rest.

We have outlined this request to the Governor of the Turks and Caicos and we now outline same to you.

13 March 2008