Procedure
What happens after a petition has been made to the Cayman Islands Human Rights Committee?
The petition must first be received by the Cayman Islands Human Rights Committee and registered as a formal complaint. Generally, petitions are received by the full Committee at its monthly meeting.
However, where a petition is considered urgent, the Chair of the HRC may circulate the petition amongst all HRC members and request that it be accepted without delay.
What happens after a petition has been accepted by the Cayman Islands Human Rights Committee?
Following the acceptance of a petition, it is formally registered as a complaint and assigned a case number.
Registration does not necessarily indicate that a complaint will ultimately be upheld. Rather, it signifies that the HRC believes that there is a concern that merits further inquiry.
If the facts of the complaint, as provided, give rise to a clear breach of any of the rights contained in the international treaties that have been extended to the Cayman Islands, the full HRC itself can adjudicate upon the complaint and publish its findings in a Final Report immediately.
However, in most cases, either more information is likely to be needed, or the complaint may require further investigation. In such cases, the HRC will refer the complaint to its Procedural Sub-Committee.
What is the role of the Procedural Sub-Committee?
Where a complaint requires investigation or clarification, the Procedural Sub-Committee will contact the complainant, or third parties if appropriate, in order to obtain any information that it deems pertinent.
In the process of this contact, the Procedural Sub-Committee can, if the parties are amenable, operate as a mediator in an effort to broker an amicable settlement between the parties. This settlement must, however, comply with the generally accepted interpretation of the right or rights at issue.
Once it has obtained all of the information that it requires, the Procedural Sub-Committee will produce a draft Report with its recommendations, which it will present to the full HRC. In the event that an amicable settlement has been mediated, the Procedural Sub-Committee will still present its findings in the form of a draft Report to the full HRC.
How does a draft Report become final?
Only the full HRC can issue a Final Report.
Upon receipt of a draft Report, the full HRC can either refer the matter back to the Procedural Sub-Committee for further investigation or clarification; or it can adopt the recommendations of the Procedural Sub-Committee in a Final Report.
Last Updated: 2007-03-28