From tcweekly

Political leaders this week came out strongly with criticism for the new 2011 Constitution which came into effect on Monday (29).

Possibly the most vocal critic was deputy leader of the People’s Democratic Movement (PDM), Mrs. Sharlene Cartwright-Robinson, who made clear her thoughts at the party’s manifesto launch on Monday evening at the party’s headquarters.

The deputy leader categorically stated that the PDM “objects strongly” to several provisions in this constitution.

She said, “This new constitution sets the stage for the continuance of we, as a people, to be dismissed.

“Though advanced in many respects, it is regressive for an elected government, a confrontational type of governance.

“Whilst we recognise that there are positive things to celebrate, like the Equality Bill, the British have slipped in one or two things that make the entire document seem taboo.

“The personalities with the new constitution will make it more difficult than it has to be.

“We have under this constitution given wide discretionary powers to a Governor that has no good working relationship with the civil service, political leaders, the private sector nor the clergy, having at one time or another publicly disregarded them.”

The PDM deputy leader cited several areas of contention including the Privy Council Order, the Crown land legislation, the Chief Financial Officer (CFO) legislation and the stated powers of the United Kingdom appointed Governor.

She said that the powers of the Governor allow him to “attempt to interfere with ministerial initiative, micro-manage the process, and make ministers a part of his extended staff.”

Cartwright-Robinson said, “There are now instances where the Governor may not consult cabinet and, in the case of section 37, he may decline to do so in the ‘public interest’.”

She questioned, “What is the public interest? Who is the custodian and provider of the public interest?

“Can the Governor define or the constitution define what the public interest is?

“And can he invoke any principle and call it the ‘public interest’ in an effort to thwart the role of the elected government and the will of the people?”

The deputy leader added that the PDM is concerned by section five where the Governor by regulations may change any law within 12 months to update them to bring them in line with constitution.

It is important that he does this with an elected government and not on his own.

She added that the Governor’s discretion to consult the Secretary of State is also a point of concern.

Cartwright-Robinson said, “While in part one could envision why, in the context of bad governance and emergency matters, the Governor may be competent to consult the secretary of state, it appears to be expanded in section five, so that all decisions of the cabinet are suspended on his consultation which can operate as an effective ‘veto’ over ministerial discretion.

“This presents the possibility that the response can be lost in the woodwork and the business of government on certain areas may be held up indefinitely.”

The deputy leader also pointed to what she termed “a new clog on the constitution”, the empowerment of the Integrity Commission to decide on the tenure of government ministers.

She said, “The role of the integrity commission should not operate in these areas of a nation’s life.”

“The commission is a political entity having been appointed by the government, opposition and Governor…the commission can still ‘get it wrong’ and in many cases its findings may remain debatable for a long time but because of its role…a ministerial tenure may meet an unnecessary and untimely demise.”

Cartwright-Robinson maintained also that the CFO’s powers set the stage for an untenable situation.

She said, “The most recent development is where the Minister of Finance is to prepare the budget and the Chief Financial Officer is to ‘approve’ it.

“In fact an elected government can pass an Appropriations Bill and the CFO can advise the Governor not to sign it.

“This is insulting and untenable. It cannot be allowed to endure. And a PDM government will do as much as we can as fast as we can to remove the need for a CFO.”

Turning to Crown land, the deputy leader noted that the status quo currently is that the decisions on Crown land are a function that rests with the Attorney General (AG).

“On November 9 Crown lands need to be returned to ministers entirely,” she stressed.

However, even as the deputy leader outlined her party’s concerns, she acknowledged that there are some parts of the new constitution that the party welcomes, including the separation of the Deputy Public Prosecutor’s function, the expanded Bill of Rights and the retention of the Turks and Caicos Islander Deputy Governor, among others.

On that note, Cartwright-Robinson, said a PDM government will make representation to address the concerning elements of the constitution.

She said, “It is important that the powerful Governor understands that an elected government must have powers and work with the people’s elected representatives.

“We wish to advise HMG (Her Majesty’s Government) that in determining now the Statement of Good Governance Principles, we will see how cooperative it intends to be and we wish to remind them already that the government and opposition members will be elected voices of our people.

“A PDM government will address the contents of this constitution and wish to remind HMG of her obligations to ensure that the Overseas Territories are not regressing but are progressively moving towards being self-governing. It is not a tough balancing act.

“The grant of more powers to a Governor who failed in his role many times in these islands before and more recently before the suspension is unacceptable.

“We prefer to see fair built-in systems and not single empowered individuals such as the Governor.”

The deputy leader noted too that the PDM does not intend to engage in a confrontational relationship with the UK.

“We will put them on notice that we intend to be a strong elected voice and will hold you, HMG into account for its international obligation to its Overseas Territories,” she stressed.

Leader of the Progressive National Party (PNP), Dr. Rufus Ewing, stated that the elements of the new constitution are indicative that the UK is “by no means ready to further the development of our people and our country in a manner beneficial to this and future generations.”

He said, “This behaviour runs contrary to the United Nation’s Declaration on the Granting of Independence to Colonial Countries and Peoples, a declaration which was made some 52 years ago.

“It is therefore crucial that on November 9 we remember to vote for our future, we must remember to take that first step that will return us to self-government and self-determination.

“We must choose as our leaders, those whose plans and visions have been clearly outlined and organised and we must stand together ready to move our country forward towards progress.”

According to the PNP leader, October 15 is the day that the British, in the 21st century, have legitimised the further “subjugation and social and economic enslavement” of the people of the TCI.

Ewing said, “Our right of self-determination was stripped from us with the suspension and invalidation of the 2006 Constitution, a document crafted by our people to serve and protect all who reside on our shores regardless of race, creed or country of origin.

CONTROVERSIAL

Deputy leader of the People Progressive Party (PPP), Mr. Zhavago Jolly, said, “There are things we like about the new constitution, things like putting parties in forced positions of integrity, transparency and fiscal responsibility, which assured us of that there will be no form of corruption in government.

“But there are aspects that we are not too happy with, such as the rules against individuals with dual citizenship from running.

“I think it is too vague of a rule because it excludes some of our best top tier talent from representing our country.

“Being a public servant is a huge sacrifice that an individual makes. What this law does is put a burden on individuals who were born elsewhere to Turks and Caicos parents, individuals who did not have a choice in the matter.

“This like other elements are some of the problems we have with the new constitution and we are hoping for some amendments to be made.”

The Turks and Caicos Constitution Order 2011 being proclaimed into effect by Governor Ric Todd, marks the beginning of the end of the three year UK-led interim administration.

The interim administration took over the running of the country following the suspension of parts of the previous 2006 Constitution.

This followed the Sir Robin Auld Commission of Inquiry which stated that there was “a high probability of systemic corruption in government and the legislature and among public officers in the Turks and Caicos Islands in recent years”.

Governor Ric Todd, in commenting on the new constitution being brought into effect, said, “Today marks the culmination of a huge amount of work to get the country to this point where it is significantly more transparent, accountable and financially better run.

“I would like to thank colleagues and stakeholders, both here in the Turks and Caicos, the UK and elsewhere for all their efforts in making this possible.

“We now have a modern constitution that is the result of wide consultation including a Turks and Caicos delegation who visited London in the summer of 2011 to help ensure that it reflects the wishes of both the citizens of the islands and ministers in London.

“Since former UK minister Bellingham announced this summer that sufficient progress had been made against the milestones to allow elections, I have been meeting regularly with the political parties and have been impressed by their diligent preparations.

“I would also like to thank the elections supervisor and his team for all their detailed work in preparing for the poll.

“We have experienced international observers coming to our islands for the elections.

“They will be here to ensure that November 9 passes off as intended as a free and fair democratic election.

“I welcome their presence and look forward to receiving their reports over the weekend after polling day.

“The government’s work does not now stop until after the election results are announced and a new administration is in place.

“There is much to do and we will continue in our efforts to improve the services offered to the citizens of the TCI, although, of course, no more legislation can now be passed until the new administration is in place.

“The new constitution will help to ensure that the incoming administration governs this nation fairly and transparently, and in tandem with the other legislative enhancements put in place, will bolster transparency and good governance for the citizens of the Turks and Caicos.

“I look forward to the remainder of the political party campaigns, and trust they will continue in the same spirit that has so far been demonstrated.”

The Governor maintained that the building blocks for successful elections and return to democratic rule are now in place.

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http://tcweeklynews.com/political-leaders-criticise-new-constitution-p3088-1.htm