Constitutional Modernisation

Published 10th April 2008, 9:19am

The HRC’s three-part lecture series held in January, February and March 2008 was aimed at encouraging public debate and receiving public input in relation to the Constitutional Review process. The lecture series concluded in March 2008 and the HRC has now produced its own position paper in response to the Government constitutional reform proposals.

As stated by Melanie McLaughlin, the Chair of the HRC’s Constitution Working Group:

“Without a doubt, the constitution is of fundamental importance to the development, acknowledgement and protection of human rights in the Cayman Islands. Accordingly, as an independent national body for human rights in Cayman, the Human Rights Committee considers it essential to provide independent commentary and analysis of the Government’s constitution reform proposals, as well as some suggestions for improvement.”

In broad terms, the HRC agrees with the proposals made by government and fully supports the suggestion to enshrine a Bill of Rights directly into the Cayman Islands Constitution, as opposed to enacting a Bill of Rights in ordinary law. According to the HRC, this is because of the inherent risks that rights could be altered and repealed relatively easily by the legislature if they were created in ordinary law.

While both entities seem to largely agree in broad terms, one area where the HRC and Government differ in opinion relates to the method of enforcing rights. Unlike the current proposals submitted by the Government, the HRC believes that the courts in the Cayman Islands ought to be empowered to enforce and protect rights contained in the Bill of Rights, to ensure protection of human rights is not subject to the vagaries of the political process.

The HRC believes that the Bill of Rights should go further than protecting the basic rights, such as the right to life, the right not to be subjected to cruel or degrading treatment, including torture or slavery and should include the right to a fair trial; the right to property, the right to freedom of religion; the right to privacy of one’s home and correspondence; along with the right to free speech and the right to lawful and peaceful demonstration. In addition to these rights, the HRC suggests that a Bill of Rights should protect rights such as children’s rights, environment rights and other collective rights. The HRC however, reiterates that under a constitution, such rights must be applicable to all persons and that they should be secured without discrimination on any basis, including sexual orientation.

The HRC also strongly supports the establishment of a Human Rights Commission in the Constitution of the Cayman Islands. In its public debates, the HRC has noticed one overwhelming concern emanating from the people of Cayman, that individuals either do not know what their rights are or are unable to access these rights. It is in both of these areas that a Human Rights Commission will assist. Much like the existing HRC, a Human Rights Commission should be charged with the provision of public education to create a broader understanding and awareness of human rights.

The full Report on Constitutional Modernisation in the Cayman Islands and the Establishment of a Human Rights Commission can be accessed on the Constitutional Modernisation page. If you would like to contact the HRC and express a view on a Bill of Rights in the Constitution, please send your comments to: Human Rights Committee. Alternatively, written correspondence can also be sent to PO Box 30664, Grand Cayman, KY1-1203.

For further information contact: Human Rights Committee