I wish to congratulate the
Caymanian Compass on its 13 April editorial “Anti-Corruption concerns”.
Islands still has the opportunity to get its new anti-corruption
Regrettably, strong anti-corruption
legislation establishing an Independent Commission against Corruption has
become absolutely necessary.
Previously concluded corruption
investigations have not resulted in convictions and the ongoing corruption
investigations seem to have great difficulty in uncovering wrong-doing.
This of course does not mean that
there is no corruption. Contrarily, it is still alleged that there is
widespread corruption, but the “fraternity within the system” protects their
Unfortunately these investigations
have cost our people tens of millions of dollars and will cost even more before
this flurry of corruption investigations is over.
Why have the investigations failed
to find what even the casual observer knows exists?
We all know that gambling operates
with impunity, protected by negligible fines and RCIP officers being told to
not investigate gambling.
Politicians have openly adopted the
“Doctrine of Retreat” with the position of surrender to the gamblers “because a
lot of people are violating the law”. If
that is a good policy then let us abandon laws against speeding, theft, no
parking and murder because those laws are also violated.
Even preteens know where to purchase illegal
Corruption within the over 100
boards is many times no longer even viewed as corruption. It has become just
“the way Caymanian business is conducted” – the “Black Box” corrupt systems.
Corruption is not unique to the
Cayman Islands, it is in all countries – the difference is that many countries
now recognise the devastating cost of corruption to people, their quality of
life, national security, personal security, world peace, indeed their very survival. Uninhibited corruption eventually devastates
economies, just look at our neighbouring countries.
A study of corruption fighting
organisations worldwide reveals that, to be successful, the Anti-Corruption Commission
has to be an Independent Commission Against Corruption, reporting its findings directly to and accountable
to the people and to the Legislative Assembly. As examples see www.icac.org.hk and www.icac.nsw.gov.au
and the Cayman Islands was slow to join the
worldwide fight against domestic and cross border corruption, delaying taking
action as long as we could. In playing
“catch up” the Anticorruption Law (2008) was enacted in the Cayman
Islands coming into effect in 2010.
The Cayman Islands Governance
system does not have the constitutional democratic principles of separation of
powers, this is confirmed on the Government website “…In many forms of parliamentary government, executive and
legislative branches are not totally separate”.
The deficiency of no separation of
powers in parliamentary democracy governance systems directly contributed to
the suffering of tens of millions of people with failed political dictatorship
regimes in “independent” Commonwealth countries.
Unfortunately, the Cayman Islands
Anti-Corruption Commission is NOT independent, which is now the worldwide-accepted
separation of powers are integral and necessary parts of good governance
systems established to investigate and fight corruption and to work towards
truly good governance systems for the benefit of the population as a whole and
not to protect just the usual crooked “chosen few” with the right political
connections from prosecution.
Without independent watch dog
commissions, outside of the direct UK
and Cayman Islands political and civil service control, it is impossible to
avoid the inevitable conflict of interest within the UK
and Cayman Islands governance systems and to
safeguard separation of powers.
Cayman’s Anti-Corruption Commission
is totally directed and controlled by the UK Government’s instructions via directions
from the FCO to the Governor.
The UK Government has demonstrated
that they can no longer be trusted to follow the principles of the Rule of Law. The UK Government/BAE/Saudi Arabia corrupt
bribery case exposed that whenever the UK’s
interests are at risk then the UK
has and will in the future violate laws to achieve objectives deemed to be in
“best interests”. See www.controlbae.org
As the UK Governance system cannot
be trusted to be honest, the Commission must be made into a modern Independent
Commission against Corruption not under the control of the UK or local
politicians or civil servants.
Compliance with the fundamental principles of the Rule of Law must be an
unwavering standard for Cayman Islands governance.
Legislators do the right thing for
our Islands; make the Anti-Corruption independent. Let them get on with the job