A very British coup?

By

Stuart Yates

The Turks and Caicos Islands has a GDP of about $600 million per annum and a population of around 30,000. Small, but lucrative for those with the funds to invest in property: "Breathtaking turquoise waters, powdery soft white sand, snorkelling and diving as good as anywhere in the world, a friendly welcome and virtually no crime are just a few of the things that make these islands so special. One of the last undiscovered treasures of the tropics." says one brochure. There are some seriously expensive properties: $15.75m for a 2.5 acre mansion near Grace Bay beach. They also form a tax haven, over 15,000 companies are registered there.

In June 2008, the Foreign Affairs Committee of the UK government recommended that an enquiry be held into allegations of corruption in the territory. In July 2008 the Secretary of State for Foreign and Commonwealth Affairs responded by setting up a Commission of Enquiry:

"59. As the Committee is aware, the Government shares the Committee’s concerns about the allegations of corruption in the Turks and Caicos Islands. On 10 July 2008 the Governor of the Turks and Caicos Islands announced the appointment of a Commission of Inquiry. The Commission will inquire into whether there is any information that corruption or other serious dishonesty in relation to past and present elected members of the House of Assembly (previously known as the Legislative Assembly) may have taken place in recent years. The Commission will report to the Governor within sixteen weeks its preliminary findings and recommendations concerning;

(a) Instigating criminal investigations by the police or otherwise

(b) Any indications of systemic weaknesses in legislation, regulation and administration

(c) Any other matters relating thereto.

60. The Commissioner is the Rt Hon Sir Robin Auld. He undertook a short initial visit to the Territory from 13-16 July 2008. This is being followed by a period of preparation in the UK leading to his main visit to the Turks and Caicos Islands in September/October. He will submit his report and recommendations to the Governor by 3 November 2008.

61. The Government notes the Committee’s concerns about providing full protection for witnesses wishing to provide evidence to such an Inquiry. The Governor has directed the Commission to conduct such parts of the Inquiry as it may deem appropriate in camera in the interests of confidentiality. In the event that evidence is given by a person before the Commission, such evidence shall not be admissible against him or her in any civil or criminal proceedings by or against him or her, except where he or she is charged with perjury or contempt. In addition the Ordinance provides that anyone who attempts to interfere with this process is liable, on conviction, to a fine, imprisonment or both. The Commission also has powers to compel any person in the Turks and Caicos Islands to attend to give evidence.

62. A number of important steps have recently been taken or are currently underway in the Turks and Caicos Islands to reduce the scope for corruption, and to improve capacity in the Turks and Caicos Islands to deal with it should it occur. These include the establishment of an Integrity Commission, a Human Rights Commission, a Complaints Commissioner, a Ministerial Code, a Public Service Code of Ethics and Integrity, the appointment of a highly experienced Chief Auditor, and the adoption of a comprehensive Proceeds of Crime Ordinance."

The FCO also stated:

"10. The Government welcomes the Committee’s support for its approach that Overseas Territory governments should continue to take the lead in making proposals for reform of their constitutions. The constitutional review negotiations and consultations with the Territories so far have almost always taken place in the Territory concerned. In some cases, however, Territory representatives have been invited to come to London to agree any outstanding points and to settle the draft new Constitution with the Minister responsible for the Overseas Territories.

11. The criteria for deciding the degree of self-government that is appropriate for Overseas Territories in the context of constitutional modernisation have been made clear to the Territories at various times. The FCO agrees with the Committee’s recommendation that they be made public and will publish them on the FCO website. The criteria are the following:

(a) any modernised constitution must provide a framework for enhanced good governance and human rights protection;

(b) increased Territory self-government is encouraged, but this must be consistent with the United Kingdom’s continuing responsibilities for the Territories; these responsibilities include ensuring good governance, a nonpolitical civil service and police force, the independence of the judiciary, the maintenance of law and order, the fulfilment of international obligations, and the minimisation of contingent liabilities;

(c) there must be evidence that any proposed new constitution has the support of the people of the Territory concerned; that evidence should as a minimum consist of the endorsement of the Territory’s legislative body, as the elected representatives of the people, but additional means of wider public consultation are encouraged."

In the same document, the UK government stated:

"1. The Government has studied carefully the Committee’s Report on the Overseas Territories. This Command Paper sets out the Government’s response.

2. The Government’s overall approach to the Overseas Territories is set out in the 1999 White Paper “Partnership for Progress and Prosperity”. This identified four principles underlying the relationship:

self-determination;

mutual obligations and responsibilities;

freedom for the Territories to run their own affairs to the greatest degree possible;

a firm commitment from the UK to help the Territories develop economically and to help them in emergencies.

3. The White Paper made clear that the UK expects high standards of probity, governance and adherence to the international agreements to which the UK and the Overseas Territories are party. For as long as the Territories choose to remain British, they must meet these obligations.

4. The Government remains committed to the principles and objectives set out in the White Paper.

5. The Government has particular responsibility to manage risks in the Territories which give rise to large contingent liabilities. Overall, these are substantial and continue to grow. Recent House of Commons Public Accounts Select Committee and National Audit Office reports highlighted the Government’s duty to the British taxpayer to manage and reduce risks arising in the Territories. The Government takes these responsibilities very seriously. It means not only managing current liabilities, but not entering into new and avoidable ones."

All the above quotes are from Response to 7th report, 2007-8, Foreign Affairs Committee

It is ironic in view of the above "approach" to Overseas Territories that the UK abolished the islands' constitution and took direct governance of the islands in August 2009. Note that it took all of three days for Sir Robin Auld to arrive in the islands. Perhaps he just happened to have a few spare days. A year later, the UK Foreign and Commonwealth Office (FCO) announced:

"On 14 August 2009, the FCO Minister responsible for the Overseas Territories instructed the Governor of the Turks and Caicos Islands to bring into force an Order in Council suspending ministerial government and the House of Assembly, and replacing them with an Advisory Council and a Consultative Forum. This followed the submission to the Governor of the final report of the Commission of Inquiry set up in July 2008 to look into possible corruption or other serious dishonesty in recent years of past or present elected members of the legislature. In that report, the Commissioner found that there was information in adjudance pointing to a high probability of systemic corruption and/or serious dishonesty. The suspension will last no longer than it takes for the necessary reforms to be implemented and to take effect. The UK Government has said that elections should be held by July 2011."

This text omits to make clear that the Governor rules absolutely: the 'Advisory Council' is just that - advisory. The premier at the time of the investigation into corruption was Michael Misick, who resigned when the report was published (March 2009). He was succeeded by Galmore Williams who was deposed by Britain in August 2009 - he described the actions of the UK as a "coup": "A coup is anything that has been done without the will of the people and being a colony anything the British government wants to do to us they can do to us.". The UK for whatever reason believed the islands could not remedy the situation themselves. Direct rule by one man however is not the end of the story. Not only has the parliamentary system been suspended, a fundamental aspect of the judicial system has been abandoned in the decision to abolish trial by jury. Britain has also appointed a special prosecutor from the UK to investigate any corruption charges - Helen Garlick, together with assistance from the UK. Unfortunately she has given the impression that the UK may be there longer than the two years indicated: "have a permanent presence" and has said "I continue to encourage members of the public to contact us, if they have information that they wish to give, or if they have any concerns that they want to take up with us." Now that may sound reasonable under a democratic political system with an independent judiciary, but in a one man rule state (the governor also gets the say about the judiciary) it is alarming and itself encourages inaccurate, vindictive or mischievous reporting.

Nor was the imposition of direct rule from the UK democratically decided - UK MPs did not have a vote. An Order in Council (drafted by the UK government and signed by the Queen) was all it took to remove all independent government from the islands.

The islands' economy is, understandably, in a poor way, but, having imposed direct rule, the UK has decided that no UK money is forthcoming, so civil servants have been paid late in the last two months and a 2.5% cut in public expenditure has been imposed.

Furthermore, under direct rule by one man, homes in Five Cays are being demolished by bulldozers on the basis that they have been built illegally. Sounds much like the West Bank. Visitors to this site know of my opposition to the way in which Israel does not honour its obligations to the citizens of the territories that it occupies. The UK has the same responsibility towards all citizens of the islands.

Meanwhile there are some interesting speculations about connections between people on the islands and UK politicians. Lord Ashcroft, the deputy chairman of the UK Conservative party is a naturalised citizen of the islands. He has paid for visits to the islands by several Conservative politicians: William Hague, the shadow Foreign Secretary, in April 2007, shadow International Development Secretary Andrew Mitchell in November 2007, Michael Ancram, the former shadow Foreign Secretary, and the MP Mark Simmonds in November 2004. The Conservatives hope to form the next UK government. Lord Ashcroft is under fire for his apparent difficulty in confirming that he pays UK tax - a condition of his peerage. William Hague was also finding it difficult to say who he met on his five day visit to the area but has finally said:

"William Hague made a short half-day visit to the Turks and Caicos Islands in March 2007. He had two meetings during his stay: The first with the then governor of the islands, Mr Richard Tauwhare, and the second with the then premier, Mr Misick. He discussed UK relations with the Turks and Caicos and the political situation in the islands." William Hague nominated Lord Ashcroft, who is a major source of funds for the Conservative party, for his peerage.

Following the Queen's speech at the opening of the current session of the UK parliament, Michael Gapes, a Labour politician and chairman of the same Foreign Affairs Committee which recommended the commission of enquiry into the Turks and Caicos islands, quoted from a letter he had received from Shaun Malcolm, an opposition politician in the islands:

"I write to you in reference to your deputy chairman, Lord Michael Ashcroft, and the possibility that the Conservatives may form the next government in Britain. We respectfully and sincerely ask for your written assurance that Lord Ashcroft will not be influencing, directly or indirectly, decisions regarding the Turks and Caicos Islands should the Conservatives win the next election, and if you are willing to give us these assurances then we kindly ask for you to work with us now to establish tangible safeguards towards this goal."

So, rather in the manner of Orwell's "two legs bad, four legs good", we have the two main political parties in the UK saying oppposite things about Lord Ashcroft in relation to the Turks and Caicos islands. It has also been noted that, although several Conservative politicians have visited the islands, as indicated above, none appeared to have communicated misgivings about the political and moral state of the islands.

There were protests on December 4th about the way the one-man government is behaving but you will search the Internet in vain for any reporting on what happened - how many people etc etc. News from the islands is sparse to say the least. It makes you wonder why and how. It is interesting too that of the few recent articles on the islands that have been posted on the Internet by UK media, at least two can no longer be retrieved: error 404 is returned.

Whilst I have made enquiries, there is no information forthcoming as whether the other actions set out by the Secretary of State for Foreign and Commonwealth Affairs have been progressed:

"62. A number of important steps have recently been taken or are currently underway in the Turks and Caicos Islands to reduce the scope for corruption, and to improve capacity in the Turks and Caicos Islands to deal with it should it occur. These include the establishment of an Integrity Commission, a Human Rights Commission, a Complaints Commissioner, a Ministerial Code, a Public Service Code of Ethics and Integrity, the appointment of a highly experienced Chief Auditor, and the adoption of a comprehensive Proceeds of Crime Ordinance."

Just one-man direct rule, suspension of democratic institutions, abolition of trial by jury, delayed payment of public servants, cuts in public expenditure, bulldozing of homes. Sadly, the conclusion has to be that the combination of political interests and financial interests prejudice justice and the open reporting of events. As usual, the ordinary people suffer

Britain, as usual, also has force available: the frigate HMS Iron Duke and Royal Fleet Auxiliary Fort George have been patrolling in the area over the last few months. Nothing unusual about this, of course. The British take care to have a military presence around their overseas territories and claim, not without justification, that the ships can provide assistance in the case of hurricanes etc. They can also, with naval guns and helicopters, be used for their original purpose if so desired. Britain under Labour does seem to turn to violence quite readily.

The United Nations has a view on the situation. In April 2006 the UN Committee on Decolonisation said: "Many former territories were not as constitutionally or economically equipped as the TCI when they moved to the next level of their political advancement. The Turks and Caicos is uniquely prepared in both respects if you choose to move to the next level of political development." and on June 19th 2009: "Concerning the Turks and Caicos Islands, the Assembly would recall the Constitution of the Territory, which took effect in 2006, and note the territorial government’s view that there remained scope for a degree of delegation of the Governor’s power to the Territory so as to secure greater autonomy. It would note with concern the ongoing situation and also the need to restore good governance and sound financial management. The Assembly would welcome the territorial government’s continuing efforts to address the need for enhanced social cohesion."

Also:

"By other terms of the text, the Assembly would reaffirm the responsibility of administering Powers to promote the economic and social development of Non-Self-Governing Territories, preserve their cultural identity and to mitigate, as a priority, the effects of the current financial crisis, where possible, in consultation with the territorial governments concerned, towards the strengthening and diversification of their respective economies.

Also by the text, the Assembly would further request the Territories and the administering Powers to protect and conserve the environment against any degradation, while also requesting the specialized agencies concerned to continue to monitor environmental conditions in the Territories and to provide assistance to them, consistent with their prevailing rules of procedure. The Assembly would, by further terms, stress the importance of constitutional exercises in the Territories administered respectively by the United Kingdom and the United States, and led by territorial governments, and decide to follow closely developments concerning their future political status." Special committee on decolonization approves text reaffirming principle of self-determination as fundamental human right

So, whilst the UN talks of moving towards greater independence and in the meantime reminding the administering Powers (in this case, the UK) to provide assistance, the UK government is moving in the opposite direction and seems not to be providing any economic assistence.

Is it coincidental that the UN is encouraging TCI to progress towards greater independence and the British lurch in the opposite direction? Perhaps one aim is to delay/sabotage such progress.

A very British coup? Yes. No democratic discussion or vote on the issue, one man rule as in colonial days, little if anything reported or disclosed either to MPs or the general public. Secrecy rules.

December 2009