(CARICOM Secretariat, Turkeyen, Greater Georgetown, Guyana) The Caribbean Community (CARICOM) is following with growing concern recent political and constitutional developments in the Turks and Caicos Islands (TCI), a British Overseas Territory and Associate Member of the Community.
On 16 March 2009 the Interim Report of the Turks and Caicos Commission of Inquiry into possible corruption or other dishonesty in relation to past and present elected members of the Legislature in recent years was made public. It had been released to the Governor of the TCI on 28 February 2009. The findings of the final Report will be published on 30 April 2009. The Sole Commissioner recommended inter alia in the Interim Report “the suspension of the entire Constitution for an indeterminate period, to replace the democratic process presently provided by the Cabinet and the House of Assembly with direct rule from Westminster, acting through the Governor with, but not bound by, the advice of an Advisory Executive Council”.
An Order in Council was subsequently made on 18 March 2009 and will be laid before the British Parliament on Wednesday 25 March 2009. The Order will continue in force for a period of two years from the date of its commencement unless it is revoked earlier, or continued in force, by a further Order in Council. Once given effect, the Order in Council will suspend certain provisions of the Constitution of the TCI relating to ministerial government and the House of Assembly. It will also remove trial by jury and enlarge the franchise to the disadvantage of the TCI people.
Indeed, these provisions threaten the democratic process in the TCI by terminating the existence of the Cabinet and dissolving the elected Legislature, in effect thwarting the will of the people of the TCI. Furthermore, the power, duty or function of the Cabinet and the House of Assembly would now be completely exercised or performed by the Governor in his or her discretion without any effective checks and balances or general oversight by the TCI people.
The Caribbean Community, whose members strongly uphold the exercise of democracy, do not believe that good governance, the rule of law and representative democracy can be ensured or strengthened by constitutional suspension in the TCI and a return to direct rule by the colonial power through its governor.
On the contrary, suspending the functioning of the democratic, representative and constitutional institutions of the TCI can only weaken the efforts to ensure good governance in the TCI, the ultimate objective of the Commission of Inquiry.
The Caribbean Community is fully aware of the scathing nature of the Interim Report with regard to the present governance in the TCI and conscious of the seriousness of the situation. It however believes that the time between the Order in Council being laid in the British Parliament and the publication of the final Report of the Commission of Inquiry provides a window of opportunity for the Governing and Opposition parties to come together in the national interest as well as for deeper reflection by all involved in order to come up with a solution that will minimize constitutional disruption. The Community believes that this could be done even while providing some immediate safeguards against the abuses related in the Interim Report.
