HRC questions omissions

(CNS): The absence of aspirational rights such as the right to education, housing or healthcare as well as a more exhaustive list of the proposed grounds of non-discrimination in the government’s recently circulated draft Bill of Rights has raised concerns from the local Human Rights Committee. The body also noted that its members had not been sent a copy of the draft bill nor had it been asked to comment on it before it was placed in the public domain.

“The HRC notes the public release on 6 October 2008 of a CIG Working Draft Bill of Rights which purports to have broad consensus of the NGOs including the HRC, although the HRC was not sent a copy of same or invited to provide any comment of this CIG draft document,” the committee said in a statement released to the press to summarizing its position in wake of the first round of constitutional talks.

The HRC also stated that it understood, following the first round of FCO talks, the Foreign and Commonwealth Office would provide a working draft of both the Constitution and the Bill of Rights in due course.

“While the HRC are in broad agreement with the Government working draft, the HRC remains concerned that a number of critical issues, such as aspirational rights and an exhaustive list of the proposed grounds of non-discrimination, are absent from the Government draft document,” it said. “Apparently due to the fact that those and other important issues were not fully discussed at the first round of talks and still do not have broad consensus.”

The HRC also said its hopes that the Government’s decision to release its Working Draft does not negatively impact the further discussions withthe FCO, which is reportedly preparing another draft Bill of Rights document for consideration by the Cayman Island’s delegation, or cause any confusion to the people. The committee also said that since the first round of talks with the FCO on constitutional reform, there have been a number of reported inaccuracies in the press regarding its position on the horizontal application of rights and on drafting of the bill of rights.

It said it believes the horizontal application of rights “should be considered at a later stage for Cayman, in order to develop a full human rights culture.”  The HRC does not, it said, contrary to recent press statements, presently advocate horizontal application of rights for the Cayman Islands.

“Before the Cayman Islands can be ready for horizontal application of rights, there are a number of practical implications, which would first need to be addressed.” However the HRC pointed out that the Cayman Islands will need to consider, at a future date, whether it is ready to take the further step from vertical application of rights only, to the inclusion of horizontal application of rights

“It is also important to bear in mind that many citizens of the Cayman Islands could benefit greatly from the development of a human rights culture in a private sphere, for example, in relation to the workplace, schools and other organisations. However, as previously noted, there is significant practical implication which would first need to be addressed before such further step is taken for the Cayman Islands.”

The HRC also confirmed its desire to see the Bill of Rights drafted in plain English and gender-friendly rather than “gender-neutral” language, which properly acknowledges the entire population, both male and female. By “gender-friendly” language, the HRC means the Constitution uses language which recognises the equal place of both the men and women in our society. Thus, the Constitution ought to refer to “man or woman”, “he or she” or “his or her” wherever possible.