Human Rights Committee Issues Two New Final Reports

Published 19th January 2007, 12:59pm

The Human Rights Committee (HRC) has completed its investigation into two further cases and is now in a position to make its Final Reports on these cases public.

Following its wide-ranging Final Report in Case 1/06 Luarca, the next two cases accepted and investigated by the HRC were; based on the material submitted; deemed not to give rise to any breaches of international human rights instruments that have been extended to the Cayman Islands. Accordingly, no Final Reports were produced for Case 2/06 and for Case 3/06. The Final Report in Case 4/06 is now available; and whilst Case 5/06 The Dominican Republic Workers Case is still under investigation, albeit in the advanced stages; Case 6/06 The “Lifers” Case (Bruce, Dixon B, Dixon L, Powell, Roper & Thomas) has also been concluded.

The Final Report in Case 4/06 was complied notwithstanding the fact that this case was settled amicably between the complainant and the public entity concerned. This Final Report therefore highlights how the HRC can, in some cases, provide a substantive remedy for human rights concerns, particularly where the public entity is amenable to the idea of a mediated settlement. This case was referred to the HRC by the Office of the Complaints Commissioner and the HRC has also utilised this Final Report to inform the public as to the distinction between the roles and functions of the HRC and the Office of the Complaints Commissioner.

Although Case 4/06 was settled amicably, the HRC would like to note that the subject under consideration was religious discrimination in the workplace and that this issue was also raised in the HRC’s Final Report in Case 1/06 Luarca. It is therefore appropriate to reiterate the HRC’s conclusion in Case 1/06, which questioned the legitimacy of retaining religious discrimination as a requirement in job application forms and urged that this be reconsidered with a view to ensuring best human rights practice. Thus far, the Public Service Commission has declined to accept this recommendation.

The Final Report in Case 6/06 The “Lifers” Case (Bruce, Dixon B, Dixon L, Powell, Roper & Thomas) is significant, as it is the first time that the HRC has concluded that practice in the Cayman Islands is not in line with the minimum guarantees contained in the European Convention on Human Rights. In this case the HRC determined that the mandatory sentence for murder of life without the possibility of parole breaches Articles 3 and 5 of the European Convention on Human Rights, as expounded in the case law generated by the European Court of Human Rights. The HRC has also offered guidance as to how this deficit may be remedied and, as always, stands ready to assist the relevant authorities in whatever way it can to further improve the protection of human rights for all in the Cayman Islands.

The full text of the HRC’s Final Reports in these cases can be obtained by visiting www.humanrights.gov.ky.

If you would like to contact the HRC, please address written correspondence to PO Box 30664, Grand Cayman KY1 1203 or alternatively, emails can be sent to humanrights@gov.ky.

For further information contact: Human Rights Committee