Appointments made to three new commissions

(CNS): Pastor Al Ebanks (left), the head of the Cayman Ministers Association committee that helped negotiate the new Constitution and stood in strong opposition to an unqualified bill of rights, has been appointed Chairman of the Constitutional Commission. Chairing the new Human Rights Commission is former Attorney General Richard Coles, while Karin Thompson, a local attorney and member of the Sexual Harassment and Stalking Taskforce, will chair the Commission for Standards in Public Life, according to a release from the Portfolio of Internal and External Affairs.

The Constitutional Commission is a three-person commission established under section 118 of the new Constitution. Also appointed by Acting Governor Donovan Ebanks along with Pastor Al are community activist and former Deputy Clerk of the Courts Julene Banks and CEO of the Cayman Islands Chamber of Commerce Wil Pineau.

Under the Constitution, this commission has a threefold remit of advising government on questions concerning constitutional status and development, promoting public understanding and awareness of the constitution and its values, and publishing reports, papers and other documents on any constitutional matters affecting the Cayman Islands. In broad terms, this commission may be said to combine the functions of an advisory body with those of a think tank on constitutional matters, the portfolio explained.

The five-member Human Rights Commission replaces the Human Rights Committee and is established under section 116 of the constitution. The newly appointed members are Richard Coles (Chairman), who was attorney general for the Cayman Islands from 1992 to 1999; local attorneys Sara Collins (who was chair of the Human Right Committee) and Alistair Walters; Cathy Frazier, a member of the Planning the Future for Persons with Disabilities Steering Committee, and the Reverend Nicholas Sykes, a member of Negotiating Team for the Constitutional Negotiations.

The primary responsibility of the commission is to promote understanding and observance of human rights in the Cayman Islands. This remit includes educating the public about the Bill of Rights, Freedoms and Responsibilities (Part 1 of the constitution), most of which are scheduled to come into effect on 6 November 2012. The Human Rights Commission has powers to establish mechanisms to hear and investigate public complaints about potential breaches of human rights, to provide a forum for mediation or conciliation, to give advice and guidance to enquirers of all kinds in relation to their human rights, and to publish reports on its own initiative on human rights issues.

Appointments to the Constitutional Commission and the Human Rights Commission will be for renewable terms of between two to four years, with members serving for different periods, so that new appointments or re-appointments can take place in a staggered fashion.

Five people have been appointed to serve on the Commission for Standards in Public Life: along with the chair Karin Thompson, Managing Partner for KPMG, Roy McTaggart; Pastor Winston Rose, a former member of the Public Service Commission; former Chief Education Officer Nyda-Mae Flatley; and local architect, Hedley Robinson.

Established under sections 117 and 121 of the Constitution, this commission has a broad remit but also specific responsibilities. Its overall function is to promote “the highest standards of integrity and competence in public life in order to ensure the prevention of corruption or conflicts of interest”. As such, it is entrusted with the specific responsibility for developing and maintaining up-to-date registers of interest for those employed in public life. In conjunction with its primary role of promoting standards in public life, it has powers to monitor compliance with such standards and to investigate breaches of them. In addition, it has powers to review and strengthen procedures for awarding public contracts and making public appointments. In broad terms, it acts as a watchdog, it responds to citizens’ concerns, and it promotes public trust in public servants and elected members. Under the constitution, its commissioners serve a four year term.

Administrative support for these three new commissions will be provided by a joint Commissions Secretariat, consisting of a Manager and up to five staff. The Secretariat is being established under the aegis of the Deputy Governor’s Office. A “joint services” approach to supporting the new commissions is considered prudent in the current fiscal climate.

The Commissions Secretariat will also support a fourth commission, the Judicial and Legal Services Commission, which will advise the governor on all judicial and legal appointments and will develop a code of conduct for the judiciary and a procedure for dealing with complaints. It is anticipated that appointments to the Judicial and Legal Services Commission will be made within the next two to three months.

The portfolio said these commissions would broaden citizen involvement in constitutional governance and strengthen our democratic way of life. For more on the commissions, see Institutions Supporting Democracy.