Archive for August 8th, 2012
Law proposed to tackle sexual harassment
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CNS): Seven years after a local task group revealed that sexual harassment was a pervasive problem in the Cayman Islands the Law Reform Commission has drafted legislation to tackle the issue. Following on from the recently enacted Gender Equality Law, this proposed bill seeks to address the issue formally rather than relying on voluntary codes. “Cultural perceptions, attitudes and justifications for sexual harassment, in the view of the LRC, have contributed to a failure to understand and adequately respond to the problem,” the commission stated last week as it released the proposed law for consultation that will force the community to deal with it.
“Many persons do not know how to report sexual harassment or from whom to seek assistance. As a result, the problem is usually ignored and not enough is done to address it, primarily because there is no comprehensive legislation or policyto respond to the issues,” it added.
Sexual harassment refers to unwanted and unwelcome conduct of a sexual nature engaged in by a person who directs that conduct to another person. The Young Business and Professional Women’s Club (YBPW), which established a taskforce in 2005 to investigate, assess and provide legislative recommendations, to the then government concluded that sexual harassment is a serious problem in the Cayman Islands that required legislative intervention.
The government passed the Gender Equality Law in 2011 but this law only deals with sexual harassment as it relates to gender discrimination within employment and occupational contexts. The commission said it is restrictive and presents limitations on the sexual harassment issue.
“The LRC is of the view that there is a need for legislation which mandates the formulation of a sexual harassment policy and expands the contexts in which the conduct can occur to include, among other things, educational and other institutions, associations and accommodations.”
Although some organisations and institutions have in place a code or a policy to combat sexual harassment, without a national sexual harassment policy or legislation requiring a policy, there is no obligation on the part of organisations or institutions to put policies in place or enforce them.
“Sexual harassment has long been recognised internationally and is increasingly viewed as a major international human rights problem,” the LRC said adding that it was necessary it on a holistic statutory basis.
The bill identifies the types of conduct that may constitute sexual harassment; it also requires the formulation of policies in professional relationship settings, provides for a Sexual Harassment Tribunal to deal with complaints and protective remedies for victims or potential victims.
The commission is seeking input from the public on the bill and asks people to submit comments and suggestions by 27 September in writing to the Director of the Law Reform Commission, Ground Floor – dms House, 20 Genesis Close, George Town, Grand Cayman, P.O. Box 907, Grand Cayman KY1-1103 or email cheryl.neblett@gov.ky.
Unless marked to the contrary, the LRC will assume that comments received are not confidential, and that respondents consent to our quoting from, or referring to, their comments and attributing their comments to them, and to the release or publication of their submissions. Requests for confidentiality or anonymity will be respected to the extent permitted by the Freedom of Information Law, 2007.
See notes and draft bill below.
Bush lauds Jamaicans for benefit to Cayman
(CNS): Cayman has “benefitted greatly” from the contributions Jamaicans have made in its development, the premier said this weekend while visiting the country for the 50th anniversary of its independence. According to the Jamaican government’s information service, McKeeva Bush said Jamaicans have influenced “many areas of life” in the Cayman Islands. Speaking at last weekend’s 60th staging of Jamaica's agricultural show, he said there was a long association spanning some 350 years between the two countries, which is expected to continue into the future.
“You have contributed to our growth, as a nation and as a people. I am thankful … that Jamaican teachers, Jamaican tradesmen, Jamaican educators of all kinds, legal brains of all kinds, right down to those who take care of our children, have done Cayman well. For this, I will always be thankful,” he said.
“Our (association) is an enduring legacy for both our nations. Our relationship, as neighbours, has not been circumscribed by the individual political paths that we chose. Our bonds are deep and robust. Our shared past experiences have allowed us to remain close, despite diverging paths, and as such, it is on an important occasion, such as this (Jubilee anniversary), that we acknowledge the contribution of Jamaica, and the Jamaican people to our Cayman Islands,” the premier said.
He lauded the accomplishments of many Jamaicans in sports, music, culture and education and said the country was blessed with some of the nicest people in the world.
“Jamaica is truly a jewel of the Caribbean,” he said.
JIS said that Bush had headed a government and agricultural sector delegation from Cayman while in Jamaica but the size of the group was not stated. Bush faced significant criticism at home about the trip against the backdrop of a major financial crisis at home over the budget and the contentious proposal to introduce direct taxation to Cayman.
Calls for moderator rejected
(CNS): The premier has rejected calls from the founders of the social media site opposing direct taxation on work permit holders to have an independent person moderate tonight’s public meeting at Mary Miller Hall. Eden Hurlston told CNS that he and many people from the Facebook group wanted the premier to use a moderator to ensure the public would be able to participate in tonight’s meeting about the budget, ask questions and offer solutions. However, he says that the premier has rejected the suggestion and the group fears a repeat of the West Bay meeting where people did not get answers to their questions and where too much time was wasted by the premier attacking his opponents.
Hurlston, a local musician and entertainer, said he and members of Caymanians and Expats United Against Taxation want to hear the proposals that McKeeva Bush is expected to present to solve the budget problem; they do not want him to spend two hours berating others for the problems the country now faces.
“In the interest of a truly productive discussion on these issues, which are extremely important to all of us, we proposed that tonight's meeting be moderated by a neutral party,” Hurlston said. “We hoped to have an allotted time for government’s presentation and then a set time for questions and comments. This would have helped to maintain civility during the discussion, give everyone a chance to express themselves and get their questions answered. If this truly is a public meeting that would have been a sensible way to proceed, but the premier has declined.”
He said that the group had received a response to an email they sent to the premier yesterday in which Bush said neither he nor Cabinet was interested in a neutral professional moderator.
“Unfortunately, he refused to entertain it, and said that there were laws guiding the procedure of public meetings, which we're unable to find,” Hurlston noted. He pointed to the bill of rights which will come into effect in November and the rights of the people to be treated fairly in their dealings with government, which extends to any decision government makes in relation to the people.
“It also seems that the Cabinet sees public meetings as an obligation, leaving us wondering if they really are interested in what the people have to say,” Hurlston added.
According to the last public statement from Bush on the issue, he will be using the meeting scheduled for 7:30 Wednesday evening at the Mary Miller Hall to inform the public about the revenue raising measures he proposes to introduce into the 2012/13 budget to replace the now rejected expat tax.
At the last meeting Hurlston and others had questioned the premier about the alternatives to the discriminatory proposal, which they believe would have seen guests in their country forced to foot the bill for ongoing over-spending by governments elected by Caymanians, not foreign workers.
He was disappointed that there were no answers that night and is concerned that there will not be full and transparent answers this evening either. The group is also worried about the intimidation of those who are asking questions and the rude way people were treated at the last meeting.
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“Bush said that he will personally supervise the meeting and use of the microphone,” he added. “We did ask him to ensure adequate time for the public to speak and we intend to hold him to this. After West Bay meeting, we can only hope the Red Bay meeting will be more productive and that everyone will be peaceful, respectful and focused on the common good of Cayman.”
The exact nature of the new revenue raising measures has not yet been outlined but it is understood that they are focused on the financial services sector and the high-end condo market. Bush said Monday evening that if alternative revenue raising measures could be found that did not impact poorer Caymanians, he would pull the contentious expat tax, which he had dubbed the 'community enhancement fee'.
After some confusion over the weekend about proposals by the business community being accepted and then rejected, Bush confirmed Monday that the tax was off the table. He said he had a commitment from the private sector to support other measures that could replace the controversial fee.
Whatever new fees or taxes the government proposes will need to meet the approval of the Foreign and Commonwealth Office, which is pressing government to produce a surplus budget with sustainable and credible revenue-raising measures, as well as significant spending cuts.