Election rules still problematic for dual citizens and others | Loop Cayman Islands

Black Immigrant Daily News

For the 2021 general elections in the Cayman Islands, representatives from the Commonwealth Parliamentary Association British Islands and Mediterranean Region (CPA BIMR) were invited by the Governor of the Cayman Islands to observe the conduct of the elections. Although the exercise was completed virtually (and not physically as voters expected), the CPA BIMR team were able to produce a report on their observations. One of these recommendations, Recommendation 7 was to “allow for broader electoral participation on an equal basis” and to review candidature rights “in line with international standards and good practices.” To date, however, this recommendation remains unimplemented.

In particular, under Recommendation 7, it was suggested that any discrimination against persons with disabilities should be abolished, the blanket ban on the right to stand for all prisoners sentenced to imprisonment exceeding 12 months ought to be reviewed and/or include a distinction between the different types of offences, residency requirements could be reviewed in line with international good practice and dual citizenship legislation regarding the right to stand could be reviewed in line with international good practice.

Discrimination against persons with disabilities

Regarding persons with disabilities, the Cayman constitution says that “a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Cayman Islands” cannot register to vote and cannot run for office.

In the absence of a definition of “unsound mind” under the Cayman constitution, it appears that an unnecessarily broad category of people with mental illness or extreme age or blindness could be subject to the voting prohibition under the Cayman constitution.

This is not appropriate because some people in this broad category are able to conduct some of their affairs with or without the assistance of a guardian and, as such, could be deemed capable enough to indicate their preferences in the voting process.

In terms of international conventions on this position, the CPA BIMR team said in their report that “the restriction against persons with disabilities is contrary to the provisions of international law.” For this and other reasons outlined, rather than have the constitution exclude a wide category of persons on a blanket basis, the constitution should be amended to be more inclusive.

Prisoners

Another prohibition in the constitution is that a person is not entitled to be registered to vote if he or she is serving a sentence of imprisonment exceeding twelve months.

Regarding this, the CPA BIMR team said:

The ban in place for persons convicted for imprisonment exceeding twelve months does not make any distinction between the different types of offence. The ban in place for those convicted of an offence involving dishonesty is too broad.

Objectively speaking, the CPA BIMR team makes an important point and, perhaps, voters should consider whether they want to amend this part of the constitution to state that non-violent types of offences will not cause a prohibition in relation to the entitlement to register to vote.

Residency requirements

Residency is also a touchy topic when it comes to voter eligibility. In relation to this, the constitution says that a person will not be entitled to be registered as an elector for elections to Parliament unless he or she is a resident in the Cayman Islands at the date of registration or unless he or she has been resident in the Cayman Islands for a period or periods amounting to not less than two years out of the four years immediately preceding the date of registration.

The issue with this is that many Caymanians have been told that they must obtain international experience in order to get jobs or promotions in their own country and, as a result, some Caymanians have spent years working overseas to improve their skills. The wording in the constitution, however, penalises these Caymanians by deeming them not to be “resident” in Cayman due to their period of “absence”. This has to be corrected on an urgent basis because, otherwise, foreign workers gaining citizenship in Cayman and registering to vote will have more rights than generational Caymanians working overseas who have lost their right to vote because of their time spent outside Cayman.

Dual citizenship

While overseas, a Caymanian may also acquire an additional citizenship to facilitate their ability to work overseas. In addition, with over 100 nationalities represented in Cayman, when they finally become Caymanian, they are likely to possess two, sometimes three, citizenships.

A modern constitution should acknowledge these facts that are unique to Cayman and, perhaps, be amended accordingly. Otherwise, some really good generational Caymanians could be inadvertently excluded from the political process, Nickolas DaCosta being a fine example of such an exclusion in 2017.

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