Human Rights Committee now active
Published 20th April 2006, 12:54pm
The Cayman Islands Human Rights Committee (HRC) is now firmly established as the national body responsible for the promotion and protection of fundamental human rights. The membership of the HRC is drawn from both the public and the private sectors and represents a broad cross-section of Caymanian society. Although members of the HRC have experience in a variety of different fields, all members were appointed because of their particular interest in human rights. These individuals have now come together to work in partnership for the advancement of human rights for all.
The Terms of Reference for the HRC have been formulated in line with international standards for such bodies and ratified by Cabinet. These Terms of Reference empower the HRC to enhance public awareness of human rights; to serve as the focal point for the direction of any public human rights concerns; and where necessary, to make reports and prepare recommendations for the improved protection of human rights.
The HRC has undertaken to meet on a regular monthly basis; on the last Wednesday of each month. However, should additional meetings become necessary, especially in emergency situations; all members are committed to convening the HRC whenever required. The HRC has additionally created two Sub-Committees, in order to address specific needs that have already been identified.
The Public Education Sub-Committee has two major functions; one of which is to increase the public’s understanding of what human rights entail. This is considered to be particularly important in respect of those rights that are already applicable to the Cayman Islands under international law and in anticipation of the inclusion of a human rights chapter in any future constitution. Alongside this work, the Public Education Sub-Committee will also seek to educate the general public about the role of the HRC itself; how it can be accessed; and what assistance it is able to provide.
The Procedural Sub-Committee, which is predominantly composed of non-governmental HRC members, including two private sector attorneys, has been formed to receive the public’s human rights concerns, either directly from the public or channelled through a member of the HRC. This is an important function; as it is evident, even from the initial concerns that have been relayed to the HRC; that these grievances are often received in an unsystematic and confusing fashion. It is the job of the Procedural Sub-Committee to identify precisely what is being complained about; to assess whether this engages any of the rights contained in the international treaties that are applicable to the Cayman Islands; and where necessary, to undertake an investigation of the matter and to report back with recommendations to the full HRC.
The most significant international treaties, to which the HRC may have reference to, are the United Nations International Covenant on Civil and Political Rights, the United Nations International Covenant on Economic, Social and Cultural Rights, the United Nations Convention on the Elimination of All Forms of Racial Discrimination, the United Nations Convention on the Rights of the Child, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention relating to the Status of Refugees and the European Convention on Human Rights. Additional note should also be made of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, which following lobbying from the HRC, will also shortly be extended to the Cayman Islands.
The HRC is currently dealing with seven issues that have been brought to its attention. One issue, in particular, has however received a considerable amount of press coverage. This complex case, involving the various issues raised by Dr. Luarca, illustrates just how vigorously the HRC is already working to resolve complaints.
Following reception of this complaint on 7th February 2006, this matter was accorded priority treatment. On the 10th February, the Procedural Sub-Committee met with the complainant in order to obtain further information. On the 16th February, the Chair of the HRC met with the complainant in an effort to assure the complainant that the HRC was actively engaged in investigating his concerns. On the 22nd February, the HRC met and received a detailed preliminary report from the Procedural Sub-Committee. On the basis of the Sub-Committee’s report, the HRC unanimously agreed that this complaint does raise important human rights issues arising out of the United Nations Convention relating to the Status of Refugees. However, the HRC was also unanimously agreed that it needed further information before rendering a final opinion. Additional research was undertaken and several further enquiries made by the Procedural Sub-Committee, who following their own meeting, reported back to the full HRC at its next meeting on 29th March. At that meeting, the complainant was afforded the opportunity to make personal representations before the HRC. In addition, the complainant has been able to meet with the Deputy Chairman of the HRC on numerous occasions throughout the process. At the meeting on the 29th March, the HRC determined that still further investigations needed to be undertaken and the Procedural Sub-Committee was once more charged with this task. Following the receipt of new replies both from local bodies and international agencies, the Procedural Sub-Committee hopes to be in a position to make final recommendations to the full HRC in the near future.
The Deputy Chairman of the HRC expressed his gratitude to all of the public officials who have responded to enquiries made by the HRC in relation to all of its cases. He commented, “The HRC aspires to work in a spirit of cooperation, with all arms of the government, to resolve any human rights concerns in a prompt and friendly manner. This approach, the HRC believes, will best enhance the standard of human rights in the Cayman Islands.”
On top of its educational and investigatory work, the HRC has also, in the short period since its appointment at the end of 2005, made contact with similar bodies in other jurisdictions; liaised with United Nations agencies; met with representatives of the United Kingdom Foreign and Commonwealth Office and sought internationally to source funding for its educational initiatives. The HRC is a vibrant and energetic body, which is seeking to make a positive contribution in the Cayman Islands.
If you would like to contact the HRC, please address written correspondence to PO Box 30664 SMB or alternatively, emails can be sent to humanrights@gov.ky.
For further information contact: Human Rights Committee