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2nd April 2008 - We are writing on behalf of the Non-Governmental Organisations Constitutional Working Group (NGOCWG), which includes representatives from the Cayman Islands Chamber of Commerce, Cayman Ministers Association, People for Referendum, Concerned Citizens Group and the Forum.
This non-partisan body has been meeting since 1999 for the sole purpose of researching, discussing, educating and informing the public about the fundamental issues to consider when determining the future relationship with the United Kingdom (UK) Government and the various forms of governance that may be available to the people of the Cayman Islands.
By educating Caymanians about the available options in the relationship with the UK and civic education in general, we believe the electorate will be better informed and equipped to discuss, consider and debate the proposed constitutional changes. If the electorate does not understand the issues then their decisions will be based on the positions taken by politicians and they will follow personalities rather than taking positions on defendable policy for the constitutional revisions. Structured education on the issues is of the utmost importance.
We commend the Government for introducing a referendum as a means to measure the views of the electorate on any proposed changes. At the same time we appeal to our elected leaders to extend the period for holding a referendum, so that a public education process can be developed to address the key questions about constitutional modernization and governance prior to seeking meaningful public consultation and holding a referendum.
Furthermore, we believe that a structured public education programme should be developed so that all of the issues associated with constitutional modernization can be reviewed to determine whether the changes are in the best interest of all of the people of the Cayman Islands. We believe that there is no document more important than the Constitution and we should not rush discussion and debate on this most fundamental law without the benefit of a good understanding.
We have found that, since we began our education efforts, the public is becoming much more familiar with the various forms of governance. Unfortunately, however, it would appear that, the only time when we discuss these matters is when we are required to do so by the UK to review our administrative relationship with them, which is the case with the current constitutional reform process. It is regrettable that the constitution is not being viewed independently of this so as to ensure that it is a comprehensive process that is not driven by political expediency by any group of individuals.
Recently, we had the opportunity to meet with Mrs. Suzanne Bothwell, Director of the Constitutional Review Secretariat and we found the meeting to be most informative and productive. We were of the opinion based on our meeting that the proposals that were released by the Government in January were not definitive and were open for discussion and further submissions from the public. We are hopeful that this continues to be the position of the Government.
We asked Mrs. Bothwell how and when the public education will be structured and implemented in order to then solicit the informed views of the electorate. We were advised that the views and the education of the public would have to be done simultaneously. This is, we respectfully submit, an untenable situation but apparently necessary due to the time constraints imposed purely as a result of seeking a referendum in May 2008. It is also not clear to us why the time frame of a May referendum is absolutely necessary.
In December 2007 when the announcement was made that a referendum would be held in May 2008, we were surprised as no one knew then what matters would be addressed in the referendum. The Government’s summary of proposals for constitutional amendments released 12th January 2008, and an announcement in early February 2008, that the referendum to be conducted in May will be in a ‘yes’ or ‘no’ form to confirm whether voters support the proposed constitutional amendments in broad terms for negotiation with the UK, supports our view that the process is being conducted in haste and leaves little time for the public to become educated on the issues, analyze Government’s positions and then comment on the issues associated with constitutional reform.
We asked Mrs. Bothwell if an analysis of the advantages and disadvantages of having a Bill of Rights enshrined in the constitution had been conducted and we were advised that it had not and with no explanation. This left us wondering how the public can then understand the means by which the Government made a decision to implement a Bill of Rights in the constitution, let alone any details that should or should not be in the written Bill of Rights.
We have also asked whether the Human Rights Committee provided any submissions on the topic of the inalienable right to self-determination as promoted by the UK in the Partnership for Progress and Prosperity document released in 1999. We have also sought through the Secretariat an opinion from the Human Rights Committee on all of the options available to the people of these Islands to self-determination as outlined in the United Nations (UN) Conventions based on human rights, and how it affects this process, if at all. We asked Mrs. Bothwell to solicit through the Government of the day the Human Rights Committee’s input in that regard as part of the public awareness/education process.
We have also asked for a better understanding of the Government decisions in determining how provisions in recently modernized constitutions of other Overseas Territories that might also be relevant to the Cayman Islands were addressed.
Has the Government discussed the imposition of Orders in Council which are not included in the Bermuda constitution? The Government’s evaluation of all other relevant constitutions, including those of other recently modernized constitutions of other Overseas Territories, would be an important part of a series of sessions open to the public, so that they too can evaluate why the decisions were made to put particular provisions forward for constitution modernization in the absence of others.
Our sole mandate as a group, since we first started meeting in 1999, was to promote the education of the public on all relevant matters of the constitution, BEFORE constitutional modernization. We raise the above points, not to state that the decisions made by Government were good or ill-conceived, but the mere fact that we have to raise the above questions without receiving sufficient answers, demonstrates that we as a country have not yet been equipped to hold a meaningful referendum.
Whilst we appreciate that the Government may be privy to some of the answers to the above questions, it is important to disseminate and convey this information to the public through a general education process. Unless the public has the benefit of structured and meaningful governance education they may not have the opportunity to focus on broader issues other than those specifically outlined in the Government’s proposed constitutional changes in order to give additional input to their own suggestions to be included in the constitution. They will also not have sufficient background knowledge to be able to ask all of the pertinent and relevant questions or focus on all of the relevant issues beyond those raised by the Government.
It is incumbent on any Government that undertakes constitutional modernization to first ensure meaningful education of the public on all issues of the constitution. This is inclusive of such matters that the Government of the day may or may not subscribe to, but it is important to do so to give the people of these Islands a fair opportunity to properly evaluate and understand those changes that are being proposed from any quarters, so as to meaningfully solicit the public views on what they want in their constitution, and it is the only fair and honest means of ensuring that it is a constitution of the people of these Islands.
In concluding our meeting with Mrs. Bothwell, we asked if she would be satisfied that the full education of the public would be complete before the referendum. She honestly and tellingly responded that she would do what she could in the time frame provided to her.
On February 13, 2008 in an interview with BBC Justice Secretary Jack Straw has sent out a strong signal that the government is ready to draw up Britain's first ever written constitution. He said the move would encapsulate in one document a citizen’s rights, their responsibilities and an outline of how the different arms of government work. He told the BBC the process could take between 10 and 20 years to establish and would involve a referendum.
The UK have themselves began from July 2007 a constitutional awareness campaign as they once again try to write their own constitution; part of that process has been education. On March 25, 2008 Justice Secretary Jack Straw introduced in the UK Parliament the “Constitutional Renewal” documents, the first building blocks of their written constitution.
We also bring to your attention the following document of which Professor Jeffrey Jowell was one of the architects and which was published in February 2007 entitled “A Bill of Rights for Britain?”
“Any move to introduce a British bill of rights must start with a comprehensive public education campaign and a major consultation process, as has happened in Northern Ireland. This is essential to obtain sufficient public awareness and consensus over its content. We consider that the bill in its final form should also be confirmed by a referendum. Any new bill of rights will significantly change the British constitution. It will affect the relationship between Parliament, the government and the courts.”
We respectfully request to commence a structured civic education campaign and a delay in the date for the referendum and we would welcome an opportunity to work with the Government in this education campaign in preparation for true democratic participatory constitutional modernization.
Cayman Islands Chamber of Commerce
Cayman Ministers Association
Concerned Citizens Group
People for Referendum
The Forum
FOR ADDITIONAL INFORMATION CONTACT:
Mr. Wil Pineau, Secretary
NGO Constitutional Working Group
949-8090 (ext. 122) or 925-2323
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