fp Turks and Caicos

Changes proposed for the Turks and Caicos Islands’ Constitution that would give more power to the governor are aimed at correcting past problems but should not be seen as permanent, says an advisor to the Foreign and Commonwealth Office.

The proposed Constitution is “designed to deal with the peculiar situation, the particular situation of the TCI at present and for the coming few years,” said Ian Hendry, overseas territories constitutional advisor to the FCO. “But personally … I would not see it and would not like to see it as anything other than a fairly temporary arrangement.”

Hendry came here with FCO Deputy Director of Overseas Territories Helen Nellthorp, FCO Legal Counsellor Susan Dickson, and FCO Press Officer Matt Thoume to hold public consultation May 16-20 on proposed changes to the 2006 Constitution.

The U.K. suspended that Constitution and the elected government in 2009 because of allegations of corruption and because the country was nearly bankrupt. His Excellency the Gov. Gordon Wetherell has been in charge while the Constitution is being changed to ensure good governance and financial accountability, which is a U.K. requirement for return to local rule.

“If one ends up with a Constitution like this with lots of reserve powers for the governor and for the U.K. government in order to help cope with the present difficult situation, that is not forever,” Hendry said at a press conference May 16.

“No Constitution is set in stone, and in a few years time if it’s operated well, and things settle down, the economy improves, the political situation is calm, people are relatively happy with the situation, well of course one can look at something different.”

Hendry drafted the TCI’s 1988 Constitution, and he and Dickson negotiated with the elected government in drafting the 2006 Constitution. The 2006 Constitution is “quite an advanced Constitution” that gave local officials more control and could have set them on the road to independence if the majority of voters expressed that wish, he said.

But Hendry pointed out that the TCI has not made any moves toward seeking independence in many years.

“The British government does not wish to stand in the way of the movement to independence of any territory that wants to take that step,” Hendry said.

The proposed changes to the 2006 Constitution would give more power to the governor and the U.K., and impose checks and balances demanded by U.K.

Despite those changes, Hendry said, other changes will lead to a “more democratic and better governed territory,” such as provisions for improved government finances, an Integrity Commission and a Director of Public Prosecutions.

A proposal to make it easier for people to become Belongers and obtain the right to vote is not sitting well with many residents, but Hendry said U.K. ministers have long been worried about the small number of eligible voters in the TCI — about 7,000 in a population of about 30,000 — the smallest among overseas territories. “We know that the issue of Belongership, and the word itself, is problematic to many in TCI,” he said.

“There should be a clear legal basis which can be applied, and in that way gradually enlarge the franchise,” Hendry said of ministers’ intent.
Under proposed changes, an applicant must be a British citizen or British overseas territories citizen who has held a Permanent Residence Certificate (PRC) for at least five years, or who has been a legal resident for at least 10 years. Only about 300 people hold PRCs.

Belongers who are students living abroad and in military service would also be allowed to vote under proposed changes.

Details of a new Belongership process and many other proposed changes are not spelled out in the draft Constitution but would require new legislation to make them complete.

In addition to the public meetings this week, written comments will be accepted until May 28 and sent to the Governor’s Office, Waterloo, Grand Turk, or by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Nellthorp said the FCO had received only eight submissions as of May 13.

U.K. ministers will make the final decision on what Constitution the TCI will get, and Nellthorp said the current timetable for submission to the Privy Council is July.

Click HERE to read the 2006 Constitution.

Click HERE to read the March 4 draft Constitution under consideration.

Click HERE to read the All-Party Commission’s full report on the Constitution.