• by Peter Richards (basseterre, st. kitts)
• Wednesday, May 13, 2009
• Inter Press Service

Premier Galmo Williams came to the United Nations Second International Decade for the Eradication of Colonialism conference here with a simple message: Britain must withdraw its threat to suspend the constitution of the Turks and Caicos Islands (TCI), or better still, allow his people to determine their future in a referendum.

As he addressed the U.N. Special Committee, whose membership includes Bolivia, China, India, Indonesia, Iran, Iraq, and Venezuela, Williams recalled that in 1998, then British foreign secretary Robin Cook, in a statement to the Dependent Territories Association in London, had indicated that the democratically-elected governments of the Overseas Dependent Territories had the right to govern themselves and to be consulted by Britain on any constitutional changes affecting them.

'We submit that the UK Government have not consulted the people of the Turks and Caicos Islands on the proposed suspension of TCI’s Constitution,' he said.

He said that the chief objective of the 1999 White Paper was to modernise the relationship between TCI and Britain.

'It is against this backdrop and in keeping with a modern relationship that we submit that the democratically elected government should not be displaced; the will of the people should not be silenced. This is not modernisation,' Williams told the U.N. conference that ends here on Thursday.

Earlier this year, Britain announced that it would suspend the territory’s constitution and impose direct rule for at least two years following the conclusion of a one-member ‘Commission of Inquiry’, which reported that it had found 'clear signs' of corruption in the government.

Governor of the British Overseas Territory, Gordon Wetherell, said that the final report would be released at the end of May instead of April as had been originally scheduled.

At the centre of the corruption claims is Michael Misick, the former premier, who is alleged to have amassed a multi-million-dollar fortune since he was elected in 2003.

London has so far accepted the interim recommendation of the sole commissioner, Sir Robin Auld, 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'.

Williams said the governor’s statement meant that the government of Turks and Caicos, elected by the people of Turks and Caicos, would continue until May.

Earlier this month, lawyers for Misick said they would appeal a British High Court ruling that dismissed a lawsuit challenging Britain’s decision to suspend the constitution.

The lawyers - Edward Fitzgerald, Ruth Brander and Alison Gerry - had filed documents challenging the legality of an Order in Council that abolishes the right to trial by jury, dissolves the House of Assembly and suspends Cabinet for at least two years.

The attorneys had argued that the proposed suspension of the constitution contravenes European Union law. They said that the move was specifically directed at the elected officials who were the subject of the Commission of Inquiry and was thus a classic example of in personam criminal jurisdiction.

They said that additionally or alternatively, the removal of the constitutional right to trial by jury in these circumstances is contrary to other provisions of the Constitution.

As to the removal of representative government, Misick’s lawyers argued that the order exceeds the powers conferred by the West Indies Act of 1962 and is inconsistent with the internationally recognised legal principle of self-determination.

But the court felt that there was no realistic prospect of the case succeeding and pointed to the gravity of the allegations of corruption and financial mismanagement leveled against past and present elected members of parliament.

Now, as he stood at the podium addressing the conference, Williams, who succeeded Misick as premier, insisted that the U.N. Decolonisation Committee should urge London to either hold the referendum or conduct a general poll to determine 'the wishes of the people before the UK Government proceeds with suspension of TCI’s Constitution at May 31, 2009'.

He said his government has refused to remain quiet on the decisions being debated and made in the British Parliament as they relate to the welfare of the TCI, insisting that citizens have shown that they can 'govern themselves and have proven to be effective in doing so for many years without fear or favour in the process'.

'Today, when we look at the development that has occurred in the Turks and Caicos Islands, it is questionable whether it would have occurred with members of the Her Majesty’s Government at the helm or its British appointed governor in the islands,' Williams said. 'We are the ones in the region who know our history, our dreams and aspirations. We are the ones who have dreams for our children and grandchildren.'

Williams noted 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.

The three-day conference from May-12-14 is expected to discuss a number of wide-ranging issues including the decolonisation process in a changing world; strengthening cooperation with the administering powers; the Special Committee’s role in facilitating enhanced outreach to and participation by the peoples of the Non-Self Governing Territories.

The seminar will also examine the role of the United Nations system in promoting and providing development assistance to the Non-Self-Governing Territories.

The organisers said it would provide a fresh opportunity to hear the perspectives of the administering powers and territorial governments, as well as the views of experts and civil society.

© Inter Press Service (2009) — All Rights Reserved. Original source: Inter Press Service

Where next?

Advertisement