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CARIBBEAN: Britain Suspends Constitution of Turks and Caicos Islands By Peter Richards PROVIDENCIALES, Turks and Caicos Islands, Aug 14, 2009 (IPS) - The British government Friday suspended the constitution of the Turks and
Caicos Islands (TCI) in a move that the outgoing head of government Galmo
Williams referred to as a "coup" by London.
Governor of this British Overseas Territory Gordon Wetherell - now in charge
- said that he had signed the necessary proclamation and promised fresh
general elections by 2011.
But Williams, who took over the government in March, said the action was
tantamount to an invasion, and that London had denied earlier requests for a
referendum to allow the population to decide on their future.
"...Today our country is being invaded and re-colonised by the United
Kingdom, dismantling a duly elected government and legislature and
replacing it with a one man dictatorship, akin to that of the old Red China, all
in the name of good governance," Williams said.
The move by London followed the recommendations by a Commission of
Inquiry into the government of former premier Michael Misick, who is alleged
to have amassed a multi-million-dollar fortune since he was elected in 2003.
Sole commissioner, Sir Robin Auld, had recommended that the constitution
be suspended 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."
On Wednesday, a British Court of Appeal dismissed arguments by Misick that
the Turks and Caicos Islands Constitution Order - that allows for suspending
the constitution - contravenes European Union laws. The three-member
panel also ruled that there was little evidence to support the case going any
further.
"Following the decision in the Court of Appeal in London on 12 Aug. and on
the instruction of UK Ministers, I have today signed a proclamation, published
in the Gazette, which brings into force the Order in Council suspending parts
of the Turks and Caicos Islands constitution," the Governor said.
He said that with "immediate effect, Ministerial government and the House of
Assembly are suspended... and the House of Assembly is dissolved and
Members’ seats are vacated."
"The constitutional right to trial by jury is also suspended with immediate
effect. In accordance with the Order in Council, this will be for a period of
two years, subject to extension or abbreviation as necessary," Wetherell said.
The Governor said that during the two-year period, he would be responsible
for the government of the Turks and Caicos Islands and that he has
appointed Martin Stanley as Chief Executive to head the TCI public service.
"Shortly, I will also be appointing an Advisory Council and a Consultative
Forum," Wetherell said. "I expect to announce the membership and rules of
business of these two new bodies in the next few days."
In May this year, Williams addressed the United Nations Second International
Decade for the Eradication of Colonialism conference in St. Kitts and urged
London to allow his people to determine their future in a referendum.
He noted also that the U.N. Declaration of 1960 states that all peoples have
the right to self-determination and to freely pursue their economic, social
and cultural development.
Caribbean Community (CARICOM) countries are also opposed to the move by
London. At their summit in Guyana last month they declared that they "were
deeply disturbed by the adverse findings of Turks and Caicos Commission of
Inquiry into possible corruption or other dishonesty in relation to past and
present elected members of the Legislature."
"The Caribbean Community continues to hold fast to the view it expressed in
its statement on the situation in the TCI on 24 Mar. 2009 that suspending the
Constitution of TCI and its democratic institutions and resorting to direct rule
by the colonial power are not the most effective tools to bolster good
governance and effective administration in the territory," CARICOM stated.
In a message to citizens on Friday, Williams condemned the "coup" by London
and promised "that my days of service to my country, will never be over."
He thanked all the outgoing legislators and the public servants for their
support, adding that "there will be greater challenges in our future."
"...As the grand children of slaves, left abandoned on these barren shores
centuries ago, we, together with those who came later on, have turned these
Islands into something that we can all be proud of, and indeed something
that our once delinquent masters, have stated that they will do anything
except a return to slavery to repossess," Williams stressed.
"As the legitimately and duly elected leader of this country," Williams said that
he was "strongly" objecting to the recommendations outlined in the Report of
the Commission.
"But I am convinced that this coup d'état committed against the legitimate
government of our Turks and Caicos Islands by the United Kingdom puts
them on the wrong side of history, for I can assure you that this action which
they have taken against us was not done because it is the right thing to do
nor because it is necessary, but rather it is being taken because they are able
to do such things in a country of our size and status.
"We as a people, however, should be comforted by the thought expressed by
Abraham Lincoln when he said that government of the people, for the people
and by the people shall never perish from this earth, for I am comforted in
the knowledge that our little Turks and Caicos, under God, shall indeed have
a new birth of freedom."
But the British Governor has dismissed the talks of a "take over," telling
citizens "we can finally move ahead together towards a fresh start for the
Islands."
"Our guiding principles will be those of transparency, accountability and
responsibility," Wetherell said. "I believe that most people in the Turks and
Caicos will join with me in welcoming these changes."
"This is not a ‘British takeover,’" he insisted.
"The British Government and I are committed to working towards holding free
and fair elections by July 2011. In the meantime we must all learn to foster a
quality of public spirit, listen to all those who have the long-term interests of
these Islands at heart, and safeguard the fundamental assets of the Territory
for future generations."
"Achieving a fresh start has to be a joint effort," Wetherell stressed. "As we
embark on this challenging new period, I trust and look forward to your keen
support."
(END)
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