Recent Articles
Human Rights 365
The 10th of December commemorates the date on which the United Nations General Assembly adopted the Universal Declaration of Human Rights; a declaration which recognises equality and dignity for all individuals. Today is referred to as International Human Rights Day (IHRD). This year the United Nations has chosen to recognise IHRD through the theme “Human Rights 365” focusing on the need to promote and progress human rights on a daily basis.
A key focus of the United Nations this year is the use of social media and as such the United Nations is promoting IHRD through #rights365.
Human rights in the Cayman Islands are enshrined in Part One of the Cayman Islands Constitution Order 2009 – the Bill of Rights, Freedoms and Responsibilities. They are the rights which the Cayman Islands Government commits to providing to the individuals of these islands.
Human rights are not the cause, or solution to, social issues; rather they are certain protected and fundamental rights which all of us are entitled to as human beings. They encompass such important guarantees as the right to life, the right to religious freedom and the right to a fair trial, amongst others. These rights are guaranteed, in various forms, to promote dignity and equality of all. It is through these fundamental rights that a fair and just society is created and democracy is nurtured. It is because of these rights that as individuals we enjoy the quality of life we do in the Cayman Islands.
Nothing is perfect. Human rights get abused just as other parts of the system get abused; but the nurturing and respect for these principles has underpinned the successes of the western liberal democratic model. Without the government guaranteeing these rights our islands would be in a far less stable and prosperous position today.
Many persons recently celebrated Thanksgiving and many more are about to celebrate religious holidays in the coming weeks. This is the time of year to count our blessings and be thankful. It is also perhaps an opportunity to reflect and ask what can I do to play my part in promoting equality and dignity for those around me on a daily basis?
The Human Rights Commission works to review local draft legislation, government policies and procedures to ensure compliance with the Bill of Rights. Much of this is highly technical work which takes place behind the scenes and is only detailed in the Commission's annual report. So far 2014 has seen the Commission focus on issues such as the protection of privacy, preservation of private and family life, and a reinforcement of the absolute stance against inhuman and degrading treatment.
The Commission has also been working more publicly to try to promote a better understanding of human rights and to dispel some of the misconceptions surrounding them.
Over the next twelve months we will continue working with the Cayman Islands' government and with local and international organisations to protect these fundamental rights and spread the message of human rights progress and equality – #rights365.
For more information on human rights in the Cayman Islands or to contact the Human Rights Commission visit our website www.humanrightscommission.ky or Facebook page www.facebook.com/cihrc. Educational pamphlets are available at the George Town Hospital, the Courts Offices, George Town Library or the District Administration Building. Alternatively you can call us at 244-3685 or come by our offices at Cayman Corporate Centre on Hospital Road.
OMOV inches forward
(CNS): Three months after a government motion passed through the Legislative Assembly to establish the Electoral Boundary Commission to assess the political landscape in preparation for changing the voting system, the government and opposition leaders have announced their appointees. It is now up to the governor to appoint a chair to head up the team that will make the recommendations regarding the boundaries of the single member constituencies ahead of the introduction of one man, one vote. In a short statement Monday, the premier said the government had nominated Adrianne Webb, while the opposition leader said he had chosen local barrister Steven McField.
Making it clear where he stood, McKeeva Bush said everyone already knew he was against the proposal.
“Everyone knows I am against what they are trying to do but we have appointed Steve McField,” he said. “I don’t agree with the mess they are trying to create and I hope my nominee will carry the message to them.”
The PPM’s nomination Adrianne Webb is already an experience boundary commissioner having served on the 2010 commission. As well as being a veteran barrister, McField is also considered a constitutional and political expert.
On this occasion the commission, once it is formed, will not be looking at alternative options to single member constituencies but just how to divide the country fairly. It is expected to consider the numbers of voters in each constituency but will also have regard, the premier has said, for the historic boundaries of districts, which should preserve the separate constituencies of North Side and East End.
Relatively well balanced boundaries have already been drawn up and they have been represented, broadly by the polling station boundaries within the existing six multi-member constituencies, so there should be few surprises unless the commission takes the view that East End and North Side should merge, which would stir up considerable controversy and possibly derail the plans for a fair and equitably voting system by the 2017 General Election.
The main issues that the commission should need to examine are whether or not the current divisions adopted by the previous commission in 2010 are still fair and balanced given the increase in voters in the larger districts of George Town and Bodden Town, and where the dividing lines need to come for the new SMCs between Bodden Town and George Town. They will also need to decide where exactly the dividing line should come to create two constituencies for Cayman Brac and Little Cayman.
Once the commission has done its work, the Progressive government has committed to introducing OMOV by the next election, in accordance with its campaign promise and the wishes of the majority of voters who took part in the 2012 referendum.
However, the premier has demonstrated a certain reluctance to tackle the issue and it was as a result of the pressure applied by the member from East End, Arden McLean, who was committed to repeatedly bringing his private member’s motion until the government fulfilled its election promise, that he eventually agreed to begin the process and start with a new commission.
NC Council and DoE thrash out new roles
(CNS): The debut meeting of the National Conservation Council (NCC) last Wednesday also saw its first heated debate, when members thrashed out the roles of the Department of Environment (DoE), its director and the NCC in implementing its new powers. The debate led to an early divide in opinion in the council over ambiguities in the law and the possible implications for any and all development of the island that could affect the environment. The new process requires those seeking approval for any major development to consult the National Conservation Council (NCC) under the National Conservation Law. Environmental impact assessments (EIAs) will now be compulsory if the council finds sufficient “red flags” over the impact on the environment of any development.
These assessments will take into account the potential environmental impact of developments over one acre, all coastal and marine development, and applications in areas covered by the Habitat Screening Map.
Any large scale residential, industrial or hotel development will require consultation by the NCC, to be screened and approved by them.
The law stipulates that every government entity, except Cabinet, shall “consult with the Council and take into account any views of the Council before taking any action”, including granting licences or permits they feel “would or would be likely to have an adverse effect on the environment generally or on any natural resource.”
This is all a big step forward for the Cayman Islands in terms of forming its own legal obligations to consider the preservation of the islands' natural heritage versus private and public development.
Even government entities, except Cabinet, will need to follow the law and “apply for and obtain the approval of the Council before taking any action” they feel “would or would be likely to have an adverse effect, whether directly or indirectly, on a protected area or on the critical habitat of a protected species.”
The law grants the NCC the power to issue binding cease and desist orders to anyone who fails to consult with it. The penalties for not complying with the NCC are a $500,000 fine, up to four years imprisonment and/or other punishments that may be imposed by the courts.
This has led to fears of an over extension of power for the government from certain sectors of the media and private developers. Council member Davy Ebanks questioned aloud during the meeting whether the ambiguities in the bill were leading to the creation of a “bloated” bureaucracy, hindering a private individual’s rights to develop their land without having to run through extensive and expensive EIA’s.
He also warned the NCC that this would affect small farmers and landholders principally, saying that when this “unworkable interdepartmental bureaucracy” ran into the problems he described, he reserved the right to say “I told unna so”.
The response from Gina Ebanks-Petrie, the DoE director, was that an EIA would only be necessary if the NCC agrees by vote that significant “red flags” are raised in terms of the projects potential impact on the environment. She said an EIA would take up a minimal percentage (0.1%) of the total cost of the overall development of any property based on the years of experience the government department has had dealing with EIAs and their costs on average.
She also went on to explain that ambiguities in the law allow for its flexibility in its evolution. While acknowledging the potential for abuse of such powers, she also explained that it is up to the discretion of those appointed by elected officials to preserve the integrity of such legislation.
“The detractors of the law would have us believe that it is going to usurp the authority of the CPA and other government bodies, and that is clearly not the case,” Ebanks-Petrie added
It was also confirmed that the Invasive Species Committee will be chaired by Davy Ebanks and it will give a report monthly to the NCC on matters involving non-native species, such as green iguanas and floral diseases. The attorney general will advise the NCC in legal areas, as the National Conservation Law is not yet fully in force and it is being implemented in stages.
The NCC will meet on the second week of every month and the next public meeting will be held on 25 February.
Board confirms NYE booze licence extensions
(CNS): The chairman of the Liquor Licensing Board has confirmed that people holding booze licence will get a time extension for New Year’s Eve, which this year falls on a Wednesday. Officials stated that liquor-licence holders in all seven categories will get a one-hour extension beyond their existing regular closing times on New Year’s Eve. Board Chairman Mitchell Welds said, however, that it is not automatic and licence holders must apply for the extension. He also explained that the additional hour is added to the closing time, so a business that normally closes at 1am in accordance with its licence can apply for an extension to close at 2am. Welds also noted that all other licence stipulations remain in effect.
“Liquor sales and the playing of music must cease during the last ten minutes of permitted opening hours for retail, hotel, restaurant, and beer or wine categories of licences,” he said. ‘Furthermore, customers are to vacate the premises before closing."
For more information, licence holders and members of the public may contact the Liquor Licensing Board’s Executive Secretary, Marva Scott, on 244-3168 or marva.scott@gov.ky
Cops investigating major GT crash
(CNS): Police have confirmed that they are currently investigating the circumstances surrounding a major road crash that happened on Tuesday morning (9 December) in the capital. At around 10:15am officers from George Town Police Station received a call reporting a collision at the junction of Shedden Road and North Sound Road in the vicinity of Jacques Scott Wines & Spirits. The accident involved a car and an SUV, but the details of the models were not revealed. An RCIPS spokesperson said that major damage was sustained by both vehicles, and the driver of the car was taken and admitted to the George Town hospital with head injuries.
The indirect consequences of Ebola
10 years ago, I recall desperately seeking home content insurance with the threat of Hurricane Dean looming in our midst. Having experienced the lessons of Hurricane Ivan, all 6 insurance company representatives smiled (some laughed) and told me to come back the next week, (once the storm had passed).
Whilst Cayman was fortunate to escape the wrath of Dean, the same reaction is being faced now by many emergency response delegates responding to the Ebola crisis. Given the current statistics, insuring health workers and volunteers working in the field is being considered a “Big Ask” and whilst most are covered for general health care and accidents, ‘epidemics’ aren’t often covered under such policies. Hence there are a number of personal risking their lives in the fight against Ebola who have no health insurance. So the question is, “How are we protecting/ supporting our ‘front line’ workers and volunteers, (many of whom are unpaid) in carrying out this heroic task? Are we doing enough?”
If the insurance concerns weren’t enough, many are facing other issues. Whilst these very workers are having a real impact on decreasing the spread of Ebola in West Africa, many who return home having completed their ‘assignment’ are not being treated to the ‘hero’s welcome’ they deserve but to fear, rejection and in some cases, isolation by their friends, family and community.
Having attended the IFRC’s Regional Ebola Preparedness Conference last week in Panama, I heard several stories first hand of Red Cross delegates who had recently been working in Ebola Treatment Centres in Sierra Leone, Guinea and Liberia.
One in particular commented that returning home was more difficult then the mission itself. Another delegate from Chad was locked up when he returned home only to be ‘sent back’ to Liberia the next day. Others have returned home to “Western civilization” only to be quarantined or rejected and shunned by their communities. By way of example, Martha, on returning home to Spain was hounded by the media after her neighbor ‘exposed’ her.
Despite taking all necessary precautions (testing her temperature twice daily and being closely monitored etc.), she experienced significant adversity as did her roommate who was refused entry to his school for 21 days despite never stepping foot in West Africa. Whilst I thoroughly appreciate the global concerns about Ebola and the need to take precautionary measures, such treatment is fundamentally unjust, disproportionate and will likely reduce delegates’ ability/ willingness to work in affected countries in the future.
On a different note, countries spending significant expenditure to control their borders/ set up internal emergency response structures etc. is somewhat futile if the root of the cause, the affected countries themselves aren’t being substantially invested in (to prevent the further spread of infection).
Furthermore when so many countries are desperately seeking supplies, namely personal protection gear, masks etc, producers of such items simply can’t keep up with the demand. As a consequence, such equipment is becoming increasingly difficult to access, and whilstmany countries can afford to purchase supplies ‘just in case’, priority must undoubtedly be given to those directly affected today. Unfortunately this isn’t necessarily the case.
Whilst I have already mentioned the ‘stigma’ associated with emergency response delegates and volunteers, stigmatization and racial stereotyping of African nationals is also on the rise with the epidemic.
As so eloquently put by one of the responders from Sierra Leone (JP), the battle of the Red Cross is to:
1) Fight the Ebola virus
2) Provide a voice of reason against fear and stigmatization
Similar to the post 9/11 reaction, it appears in some countries that anyone who has a connection with ‘Africa’ is considered a potential threat whilst in reality the affected areas are in West Africa (Sierra Leone/ Liberia/ Guinea/ Mali) and are microscopic given the size of the African continent.
Whilst Ebola outbreaks have been around since 1976, it is still a largely ‘unknown area’, often phrased “Fearabola”. The epidemic is largely one of fear as opposed to direct science and whilst there is a real and direct threat to those living in affected areas (in particular those caring for the sick or carrying out ritualistic burial procedures), the threat to the rest of the world is not as critical as some media outlets would like us believe. There is a real need for us to attempt to understand the reality surrounding Ebola in order to prevent further spread of fear and stigmatization.
In keeping with the theme of ‘Fearabola’, rumours amongst many nationals in affected countries as to the root cause of the epidemic is rife. By way of example, as described to a Red Cross delegate, the reason why Ebola started was because an ‘invisible plane full of witches crashed in West Africa’, others believe that ‘Ebola was spread by rain drops’ or by ‘Aid workers who want to take over the continent’ or ‘who are carrying out experiments and want to use West African nationals to practice on’. Several delegates had been chased away by locals or had their ambulances burnt and Ebola treatment centres (where they worked) sabotaged.
This sounds disturbing from an outsiders perspective, however who can blame a community when one of its’ members gets sick and are taken away by health workers dressed in ‘alien’ suits who refuse to allow them to say an intimate goodbye to a loved one nor bury family members in accordance with their cultural and religious burial practices? Whilst the reputation of aid workers responding to the crisis is slowly improving and understanding is on the rise, there is still distrust/ denial associated with these ‘aliens’, hence why decreasing the spread of Ebola is rife with numerous issues.
As JP stated, the approach by many response agencies in the field has been a ‘public health’ approach but this alone is insufficient. In the 3 countries most greatly affected, there are significant religious, ethnic, cultural and social aspects that we need to engage in in order that a humanitarian response is effective. We need to be working with community leaders, religious entities and other stakeholders who “know” their own people and who are more likely to be listened to then an outsider.
Just food for thought……..
Premier suspends political assistant over charges
(CNS): The premier has suspended his political assistant, Kenneth Bryan, after he was charged in connection with an altercation in a night club car park in October. Bryan, who denied the charges when he spoke to CNS Monday, said he was looking forward to clearing his name and getting back to his job. Alden McLaughlin announced in the Legislative Assembly that he was placing Bryan on required paid leave. In response to questions from the opposition leader regarding why, given that Bryan is a political appointee and not a civil servant, he should have to be placed on leave, the premier said it was best to mirror what happens in the civil service.
Although paid for by the public purse, Bryan, a former political candidate, is one of just three political appointments in the premier’s office on contracts and not strictly subject to the civil service regulations. But the premier said that after discussions with the top civil service management, it was decided this was the best course of action.
“It was determined that the best course and the most obvious and fair course was to mirror what is done to civil servants when there are matters such as this,” he said, adding that he was placed on leave in same way as other civil servants under investigation.
However, there are no questions regarding Bryan's conduct in office; the charges relate to Bryan cursing at an on-duty police officer who was arresting the wrong man.
It is understood that the former TV reporter and PPM party member was assisting an off-duty police officer, who was being harassed and threatened by a former boyfriend and came to Bryan for assistance.
In the course of the arguments other people became involved, and when the police arrived they appeared to jump to the wrong conclusions. Bryan attempted to set the record straight, and although he was not involved inany violence, because he swore at an officer he was arrested and subsequently charged with assault.
Bryan is expected to make his first court appearance in January.
Police confirm cop who left scene of crash resigned
(CNS): As public focus remains on the continuing revelations about wrongdoing among government employees and the consequences, as well as the recruitment of people without proper background checks, the police have recently confirmed that an officer who left the scene of an accident last year was convicted and left the service. The 54-year-old officer was never named but an RCIPS spokesperson said last week that the driver in a smash which happened in Ithmar Circle, George Town, in September 2012, who was at the time a serving police officer, resigned ahead of his prosecution for a list of driving offences.
"The officer mentioned was charged and convicted on June 6, 2013 for the offences of Careless Driving, Leaving the scene of an accident, driving without insurance and using a vehicle without a certificate of road worthiness," the RCIPS spokesperson said. “He subsequently resigned from the RCIPS before his conviction in court.”
The police did not say what damage was caused when the off-duty officer crashed or what type of vehicle he was driving, but he was suspended at the time from driving police vehicles.
Corruption reporting urged
(CNS): Although facing a firestorm himself over the recruitment of a former Jamaican cop charged with murder to the RCIPS, Police Commissioner David Baines is urging the community to report any evidence they have of corruption in the Cayman Islands. Marking the United Nation’s International Anti-Corruption Day on Tuesday, Baines released a short public statement about the issue and asked people to assist the Anti-Corruption Commission, which he chairs, by speaking up. The statement was released the day after the premier said he would be discussing with the governor the “shocking” revelation over the recruitment of the officer, who was convicted of killing a suspect in Jamaica during an investigation.
The premier has not yet joined the chorus of voices calling for Baines to resign but instead urged his political colleagues Monday to exercise restraint after many of them have, both publicly and behind closed doors, called for Baines to go.
Nevertheless, Baines remains in his post as police commissioner and also as chair of the ACC.
In the statement (posted below in full) he said that Cayman, like most jurisdiction,s has been exposed to corruption in many forms and on various levels. But so far the RCIPS Anti-Corruption Unit has succeeded in just one conviction, and despite the continued widespread allegations and recent charges and suspensions in high places, securing the evidence against those accused has proved very difficult for what is one of the smallest and underfunded units in the RCIPS.
Elvis Ebanks, a former police officer, was found guilty of soliciting a bribe in exchange for not investigating a possible phone theft. But having appealed the conviction, he was immediately released on bail and has not yet served any of the three year sentence he was given earlier this year.
Although others have been arrested under the anti-corruption law and some cases are continuing, others were prosecuted under different legislation. Edlin Myles, the former deputy chair of the National Housing and Development Trust, was originally charged with corruption offences but they were not continued. He was charged and found guilty of deception and received a six month jail term, but he has also been on bail since the sentencing in June pending his appeal against the conviction.
The former premier, McKeeva Bush, was also charged under the anti-corruption law in relation to the alleged misuse of his government credit card when he drew cash in casinos to play the slots in Las Vegas, the Bahamas and Florida. However, Bush, amidst much publicity regarding the revelations at trial, was cleared on all counts by a jury in October.
“The corrupt practices and behaviours we have witnessed have affected us all,” Baines said in his statement Tuesday. “They have caused us to become angry, shameful and embarrassed; they have caused us to question some of our public officials, and they have brought unwanted attention to our islands.
“Being able to combat corruption is an important part of any jurisdiction’s quest to promote and encourage democracy. Whilst the Anti-Corruption Commission is responsible for the administration of the Anti-Corruption Law, the Commission cannot properly discharge its duties without your help. The Commission needs you to speak up, to take a stand, to report corruption. If you have sound evidence or solid information about corruption-related offences, in accordance with the Anti-Corruption Law, you have a part to play,” he said, as he urged people to break the corruption chain in line with the UN’s theme for this year.
Corruption is a worldwide phenomenon and many activists still believe and accuse Cayman and other offshore jurisdictions of facilitating corruption as a result of the secrecy laws surrounding the financial system. Cayman continues to deny that it is any more likely to harbour the ill-gotten gains of corruption than any other jurisdiction but it remains under fire.
In his own statement about the issue, UN Secretary-General Ban Ki-moon said, “To dismantle corruption’s high walls, I urge every nation to ratify and implement the UN Convention against Corruption. Its ground breaking measures in the areas of prevention, criminalization, international cooperation and asset recovery have made important inroads, but there is much more to do.”
The UN believes attitudes on corruption are changing and that as recently as ten years ago corruption was only whispered about. Now there are signs of growing intolerance toward corruption and more and more politicians and chief executives are being tried and convicted, the organisation stated.
According to global estimates, every year over one trillion dollars are paid in bribes, while an estimated $2.6 trillian is stolen through corruption. In developing countries, the United Nations Development Programme said that funds lost to corruption are estimated at 10 times the amount of official development assistance.
The latest Transparency International report on the Corruption Perception index reveals that the top five most corrupt countries are Somalia, North Korea, Sudan, Afghanistan and South Sudan. The least corrupt countries in 2014 are Denmark, New Zealand, Finland, Sweden, Norway and, ironically given its reputation for banking secrecy, Switzerland.
To report corruption in Cayman call the confidential reporting line on 928-1747.
For more information on the Anti-Corruption Commission or anti-corruption efforts visit the website at www.anticorruptioncommission.ky or call 244-3685.
See the latest local anti-corruption commission annual report here.
Robbery suspect jailed after charge
(CNS): A 39-year-old man from Bodden Town who was arrested in connection with a knife-point mugging in the Countryside Shopping village car park last week has been remanded in custody to HMP Northward following charges and a Summary Court hearing over the weekend. The man has been charged with robbery following the mugging at around 5:00 Thursday evening, when he threatened a woman who was with her two youngchildren with the knife and demanded cash before making off on foot. He was arrested a short time later.