Caymanians now have rights
(CNS): Finally, three years after the Cayman Islands 2009 Constitution was implemented, local people and residents at last have at least some human rights enshrined in local law. Tuesday is the official commencement of the Bill of Rights, which among many other things protects people’s right to movement, thought, expression, assembly and equality before the law, as well as protections for the environment, one of many areas that could act as a barrier to government complying with the Bill. From today onwards, any Caymanian, and in some cases ex-pat, who believes their rights are being trampled upon can seek redress through the local courts.
Government will be officially commemorating the day at the National Gallery this evening, and Richard Coles, the chair of the Human Rights Commission, which so far has remained rather low key, said there were challenges ahead but the commission would continue to “promote, protect, and preserve human rights for the people of the Cayman Islands.”
Meanwhile, Cayman Islands Governor Duncan Taylor said that ensuring that people’s rights are upheld would be a job for public officials who have a duty under the Constitution to ensure that all acts they carry out and decisions they make are “lawful, rational, proportionate and procedurally fair manner“, as set out in the Bill, which is the first schedule of the constitution.
“The 2009 Constitution gives you yet greater protection for your rights and freedoms and greater authority to defend them,” Taylor told the people of Cayman Tuesday. “Adherence to the Bill of Rights, Freedoms and Responsibilities will help us to become a stronger society where all being are equally valued, can participate fully and are treated with fairness, dignity and respect.”
Although a step forward and an improvement on the previous circumstances where Caymanians had to seek redress in the European Court of Human Rights, the enshrinement of a local Bill of Rights has still proved to be a controversial. For some, the bill has gone too far, whereas others believe it has not gone anywhere near far enough as a result of pressures from the church.
During the negotiations over the 2009 Constitution the Bill of Rights became bogged down in irrational arguments about gay marriage and devil worshippers, as well as more complicated and difficult arguments in relation to the rights of foreign nationals versus Caymanians. As an appeasement to religious fundamentalism and because of the significant number of non-Caymanian residents, Cayman’s Bill of Rights has ended up allowing discrimination in a number of areas and it separates locals from foreigners in various issues, such as taxation and education.
Nevertheless, there are for the first time certain rights enshrined in local law, and despite having three years to prepare, government may not be ready yet to fulfil the obligations it now has to its people. In a number of areas government may find itself falling foul very quickly of the new laws, not least because of a lack of funding in many areas of public life.
Attorney General Sam Bulgin, whose chambers will be tasked with defending legal actions filed by people against the government, said the bill signified that government has accepted its legal obligations to secure the basic human rights for all. This means anyone who alleges that government or its public officials have breached or threatened to breach their rights will be able to bring a claim that could result in a legally binding and enforceable judgment.
Bulgin explained that the court would be the guardian of human rights and will be called upon to adjudicate on controversial matters. From now on, there will be limits to the scope and legitimacy of executive and legislative decision-making, and Bulgin pointed to the importance of an independent judiciary, served by an independent legal profession, which would interpret the constitution, consistent with the rule of law. However, he pointed to some of the limits on the new rights.
“It is also important to bear in mind that a Bill of Rights does have certain important restrictions,” he said. “Freedom of expression does not allow persons the right to wilfully make defamatory statements about others. Freedom of movement does not permit the unlawful trespassing on another’s premises, while freedom of assembly does not give the right to unlawfully block a public thoroughfare to the inconvenience of others,” he said.
“The limitations are necessary for balancing the interests of various rights against the interest of public order, safety, morality, etc. The question will be whether restrictions on the rights and freedoms are proportionate and or reasonably justifiable in a democratic society,” Bulgin added.
The attorney general said some of the rulings from the courts could be perceived as “challenging or threatening deeply rooted and strongly held cultural assumptions,” and warned they could be unpopular. Describing the implementation of the Bill of Rights as a dawn of a new era, he said it would require “a degree of recalibration and readjustment”, especially by public officials.
“It may be seen as daunting but we should all show a willingness to embrace it. It is, ultimately, about a just and fair society for all,” the attorney general added, in the face of what could become a mounting workload for his office if Caymanians choose to take advantage of the new legal protections.
Category: Local News
As of today there is a domestic bassi to clawback PR holder's work permit equivalency fees.
Correction: These Rights are only vertical.
The rights can be horizontal, government has a positive obligation to enact legislation that means everyone in CI can exercise and benefit from their rights, if legislation between, for example, employer and employee, does not allow that, then the employee could bring an action against the gov under bill of rights, provided he can show his rights have been breached. Eg if government does not regulate surveillance in the workplace correctly, might have an action under section 9.
That took 3 million years, but to become & sustain a position as a leader in the WORLD with financial markets has been just over 30 years. I dont know if i'm happy or did we all just get a tremendous slap in the face.. Yea we did.., considering also that these Rights are only horizontal.
Nunsense!
Do we have the right to NOT HAVE our money WASTED on the new Mac TV channel? Even more scary is if he didn’t pay for it, and rather and bullied his way on air. This Is no longer a democracy, it is a dictatorship, complete with media propaganda, and we are all cowering serfs.
VOTE!
Is this what you want for your children?! Even if you are one of those ‘benefiting’ do you really want to stand in front of St. Peter and tell him you sold out your country for a 52″ TV? Grow a pair and do what is right!
Yes, we have vague rights which are still in favor of pray first, think after. I suppose we cant ask a baby to run before it drools!
Can someone tell me how this will work for Civil Servants? Will they finally be able to speak up against the many injustices levelled against them?
Does this mean I have the right to know if my employer is monitoring my computer logs, door logs, who is viewing them and what they are doing with them. I dont have a problem being monitored, only when I am not told about it or what they do with the information, or the chance to verify the information they are collecting.
Yes, and will be strengthened once Data Protection Law is enacted…… All data must be processed lawfully, and you must be given access
Err, no. This falls within the "made up law" section of CNS. You get no greater rights in respect of your privacy under the Bill of Rights unless, possibly, you are employed by the government.
Sorry you are wrong, Data Protection Law will be applicable to all, public and private, and privacy rights in BoR are specifically to protect public from actions by gov.
So very happy it’s official. Just remember,
“The only way to make sure people you agree with can speak, is to support the rights of people you don’t agree with.” – Eleanor Holmes Norton
Unaah got too many rights here now all this is going to do is put Caymanians even further to the back of the que every sucka is going to be able to abuse the system besides Caymanians. trying to sell it to us as a solution for some of our problems is really disrespectful.We all know how tings run ya so???????????
Does 'Freedom of movement' mean that i can now boogie on a Sunday without being in church?
NOPE!
Will it help us folks out here who are in need of the help promised to us from the Dart Funds to fix up our homes, or that died a death too?. We havent forgotten, or perhaps it will be handed out to a few just before the next Election. A promise is a comfort to a fools heart, but not with us.
Too bad the Bill of Rights doesn't include the right to honest and competent representation in parliament
It is about time and can get some legislation for the horizontal application of rights now.pls pls private sector needs this too.
Also fear not brothers and sisters human rights are for everyone even Christians!
Tuesday is the official commencement of the Bill of Rights, which among many other things protects people’s right to movement, thought, expression,
Gosh, now I feel so secure about voicing my personal opinions. So mush so that now there is no need to have my opinions posted on this website as "Submitted by Anonymous."
Yeah right!
Signed,
Anonymous
Mr. Bulgin, Attorney General stated:-
“This means legal action brought by persons aggrieved by the violation of their rights and freedoms can now be dealt with in the local courts, which will be able to grant certain remedies in appropriate cases,” Attorney General Sam Bulgin wrote in a prepared statement this week.
Although there is a provision that allows human rights claims to be mediated by the Human Rights Commission, Mr. Bulgin said the court will be called upon to decide various human rights matters from time to time.
The provisions in the Bill of Rights only apply to certain rights and their application between residents and the government. The bill does not address rights violations between private individuals or between individuals and their employers.”
Ok,
SO the Bill of rights Allows Caymanians to prosecute the government where they are discriminated against for employment!!
IT MEANS GOVERNMENT CAN NO LONGER DISENFRANCHISE CAYMANIANS GRANTING MILLIONS OF WORK PERMITS VIOLATING THE RIGHT TO CAYMANIANS TO WORK IN THEIR OWN HOMELAND.
ITS OVER UDP an work Permit Board! lawsuits are coming
Its not Caymanians and their employees but Caymanians -vs- government the real culprit!
Woop tee dooo!
Guess that’s why the Premier granted the 10 year work permit and rushed it through the house since the work permit abuse Days are NUMBERED by this Bill of Rights!
I urge Caymanians to re-apply for the positions you were denied if they are still open and file a law suit against government if the employer is granted a work permit to hire an expat to stand in your way.
This is continued discrimination against you because you are “Caymanian.”
This is a violation of your citizen rights and your human rights BEYOND A REASONABLE DOUBT! It is Apartheid.
Alrighty then.
Go have a Pepsi and relax.
There is no right to work in the Bill of rights, and rights can be limited by lawful interference by legislature. The bill of rights provides a lot of protection for Caymanians, but there is no need to be so xenophobic!
Surely your headlines should read “Expats finally have rights in Cayman”!!!
The Bill of Rights applies to everyone in the jurisdiction, not just Caymanians, even tourists on holiday, even……Cuban Boat People…..shock horror!
Poor cayman islands fire service
POOR CAYMAN ISLANDS FIRE SERVICE
Writer please elaborate on what you main by Poor Cayman Islands Fire Service. I am Lost as to your statement. How will this Bill Of Rights effect only that Department of Government
I think he was being ironic…ie gov will be firefighting…..lol
Sorry im a she..
caymankind rights…..
Have you ever noticed that whenever religous leaders write things (Torah, books of New Testatment, Koran) it always ends up being extremely confusing and problematic? We should never have let the preachers have editorial control over our constitution.
Usually ends up in wars!!
Do the unemployed caymanians now have a right to be employed in their own country?
Well you can continue acting like you never did, won't change your attitude.
No, they have the right to remain uneducated, irresponsible, and…unemployed.
Yes, and their employers and expat colleagues have a right to expect them to not report sick when ever they feel like it, give a full days work, not take private calls at work, give decent customer service, not to expect a collection of 'friends' to arrive when the boss is away etc, etc……………
Wow – that sounds like all the expats in my building!!
They now have the right to get up off their lazy asses and go get a job they are capable of doing with competence.
Do business owners also have the right to hire who they want to hire..?
Not if it is discriminatory.
No, not if they are not entitled to work in the Cayman Islands.
Yes, if they have the right to work in the Cayman Islands.
I suppose you do all realise that this is simply completion of the first pre-requisite in the process that will eventually let the UK cut the Cayman Islands loose as a 'fully independent' nation.
or do you mean handover to Mr D?
Yaaaaaaaaaaaaahhhh!!!
I don't understand all you people who have so much negative things to say about Cayman and Caymanians; Cayman is not a country, Cayman is too small; Caymanians are idiots; and the list goes on and on, BUT you all are still in the Cayman Islands and will not leave. What is the deal? You all are most welcome to leave. Please go! If I lived somewhere and thought so little of the country and the people, I would get the hell out of there in a NY minute. It never ceases to amaze me how you all manage to live in the Cayman Islands and breathe the same air as the idiot Caymanians when you are free to go. Oh yes! that good old Caymanian Dollar…!!!!
We've just learnt to ignore your rantings, self entitlement, corruption, inept government and idleness. And yes, it is ALL about the dollar, not CI but US, (CI isn't recognised outside the rock).
Unlike those Caymanians of which I speak, expats actually appreciate the beauty and the environment of these islands. After all, we're not the one's destroying the land and surrounding seas for our own greed.
With RIGHTS come RESPONSIBILITIES, something that many, (not all) Caymanians need to learn if they are to be taken seriously and not just dismissed as lazy, work shy and unreliable by those who have to pick up the slack when they decide to go fishing or party.
Absolutely; providing they have the right skills, qualifications, attitude, politeness, friendliness and willing to learn/ work they have every right to be employed in their own country.
Putting down the crackberry and turning up on time EVERY DAY also helps too.
Has anyone told McKeeva?
I think I've found the root of all the problems with Mac.
The Governor says the Constitution requires that "public officials … have a duty … to ensure that all acts they carry out and decisions they make are lawful … "
Mac read 'lawful' as 'awful' … bada bing bada boom
MLAs are not "public officials" 🙂
If you mean MLA's don't do any work in an Official capacity for the Public who pay them I'd be inclined to agree … and Mac sets the standard.
Additional: Mrs B, "My awful wedded Wife" (see I know from experience) says nice try but no cigar.
Definition. According to Black's Law Dictionary a "public official" is "[o]ne who holds or is invested with a public office; a person elected or appointed to carry out some portion of a government's sovereign powers."
Is an MLA a "person carrying out a public function or duty"? (Section 28 of the Constitution);
You will not have rights if you are a furreigner, voodist, hinduist or homosexual. That was the whole point of the constutional "negotiations".
The Bill of Rights gives effect to the ECHR and gives each one equal rights. What it does not do is give special rights to particular groups such as homosexuals. Nor should it.
You managed to contradict yourself by saying it gives equal rights to everyone and that it should not give special rights to homosexuals. All they want and in my opinion should be entitled to, is exactly that – equal rights, not special rights.
I don't know where you found a contradiction. If you have special rights that does not make us equal, it makes you superior. They do have special rights.
Ah right, "special rights", like getting a job you are qualified for and marrying who you love. Yeah, dem unholy gays don't deserve those special rights.
Well if marrying who you love is a human right, then should we also permit incestuous marriages on the basis that the mother and son really love each other (and let's say the mother is past chiuld bearing age for the sake of argument)? What if 3 or 4 people decide they really love each other, shouldn't they be allowed to marry? Why should gays have special rights in this regard?
Just to be clear, I don't think anyone should be discriminated against with respect to employment on the basis of sexual orientation.
I can see some of these problems being very real in the Brac.
Oh how little you understand.
Oh how little you understand. You "groups" are comprised of "individuals", so protecting "individuals" can be a way of protecting "groups".
Oh yes, it has more teeth anyway.
Exactly!!!!
I am going to apply for my natural rights as a Native Caymanian in the European Union. Native Caymanians let us get registered now for our human rights and justice.
Umm – there's no such thing as a Native.
Our bright politicians refused to define "Caymanian" in the constitution… Hmmm
'Native Caymanian'. No such nationality exists and there never were any indiginous peoples on these islands. You're all expats, in one form or another.
Native Caymanians is a cultural identity rather than a nationality per se. Everyone understands exactly what it means but when it is convenient some expats pretend not to.
Sadly for Cayman the UK looks as human rights as a commodity The right price will guarantee their silence!
I want to know if civil unions, mosques, sharia laws and cultrual marriages of child brides will be allowed in Cayman and if not how does this infringe on the human right of other. As a Caymanian I also want to know how these will impact my way of life as this was not a part of my way of life and what about my human rights? How about praying in public as was and is a part of Caymanian culture (a part of our Christian heritage)? I don't want to see our school, offices and other places have to accept or deny people because of their dress codes. Iwant the same kind of human rights that is in France where they say no burkas or head covering are allowed in their schools. Did the HRC think about my human and natural rights because when and if it changes my way of living you can bet your life I will be going to the UK to see legal representation and on human and natural rights. I just hope that we have not opended a Pandora's box.
Good luck in the UK, everyone has rights there, so your claim will be laughed out of court.
You do understand that Cayman now has a Constitution because Caymanians voted for it. The HRC didn’t out this in law.
Go back to your cave and pray for guidance.
Whodatis, is that you?
Hooooray!!…. hey, wait a minute, I'm not a Caymanian….
Human rights apply to all people living in the Cayman Islands not just Caymanians.
As do a lot of protective measures. Getting one enforced without losing your permit can be a different story
Getting a permit will be particularly interesting now Caymanians can demand written reasons why a permit was granted notwithstanding a qualified Caymanian applicant.
The reason will often be: ” the employer never told immigration the Caymanian applied.” Then what? Unless immigration are willing to prosecute employers it is all a joke.
OK, so this doesn't apply to expats who live in Cayman? Do we still resort to the European Court of Human Rights?
The HRC guys on radio last week said it applied to everyone …. Im confused…..
REad the first line…
On paper but nowhere else!! what a joke this place is!!
Why do you stick around?
Money, money, money, and besides, the folks back home say I complain too much!
You are a funny one!:)
Because the government has trashed the economy to the point where I can't even sell my home to cover my mortgage. I'm trapped…
No lie.