International Human Rights Day

Published 13th December 2007, 9:12am

On International Human Rights Day last year, the Human Rights Committee (HRC) called for significant progress towards the inclusion of human rights in the Constitution of the Cayman Islands in the upcoming year. It is appropriate therefore that the HRC should one year on, on International Human Rights Day 2007, return to this most fundamental of challenges and comment on the progress made and the path that still lies ahead.

In the intervening year, the HRC has, in addition to its Final Case Reports, worked in conjunction with international organisations, the Constitutional Review Secretariat, schools, youth groups, service clubs and other non-governmental organisations to promote a greater awareness of human rights. The experience gained by the HRC through these collaborations indicates that human rights debate has indeed become vibrant.

The recent public presentation organised by the Constitutional Review Secretariat demonstrated, in particular, how the debate has also expanded in a positive fashion. The inclusion of an environmental perspective, along with the human rights needs of children and persons with disabilities in this discussion reveals that the Cayman Islands is no longer simply considering the somewhat restrictive list of civil and political rights contained in the last draft Constitution. The HRC completely endorses this broader perspective and believes that the inclusion of these other rights are both relevant in the current context of the Cayman Islands and key in its future evolution.

Advances in other Overseas Territories in the last year suggest that the Cayman Islands will be more likely to succeed in negotiations over the inclusion of these types of rights. The new British Virgin Islands' Constitution, which came into force a matter of months ago, specifically protects both the rights of children and the environment. In light of recent Final Case Reports published by the HRC, the inclusion of the right of prisoners to humane treatment may also have some local currency.

The recent announcement that a referendum on a new Constitution will take place in May 2008 is particularly welcome coming so quickly in the wake of the Court of Appeal's judgement (CICA No 29 of 2006) which emphasised that unincorporated international human rights provisions could not be enforced by a local court where a local statute to the contrary was clear and unambiguous. This judgement highlights the unsatisfactory nature of the current situation. In one sense the Cayman Islands is obligated internationally, yet at the same time there is no domestic mechanism for dealing with the issue. Our own Bill of Rights, watched over by our own courts is, in the HRC's view the only practical solution to this predicament.

Whilst progress has undoubtedly been made and further advances appear to be very much on the horizon, there remains much work to be done refining the rights and the mechanism that will ensure that they are properly enforced and protected. The HRC believes that this work is absolutely crucial to the future of the Cayman Islands and hopes that International Human Rights Day 2007 can provide the impetus for the final, long-awaited inclusion of fundamental human rights in the Constitution of the Cayman Islands.

If you would like to know more about the work of the HRC, please visit the HRC's website at: www.humanrights.ky. The HRC can also be contacted at: committee@humanrights.ky, or alternatively, written correspondence may be sent to P.O. Box 30664, Grand Cayman, KY1-1203.

For further information contact: Human Rights Committee