Governor Martyn Roper issued a statement Wednesday in support of the government’s recent passage of two bills mandating COVID-19 vaccinations for non-Caymanians in the Cayman Islands.
Roper said he was aware that the passing of the Customs and Border Control (Amendment) Bill and the Immigration (Transition) (Amendment) Bill was “an emotive issue” for some in the community who had been in contact with his office.
Protestors rallied in front of the governor’s home on West Bay Road Saturday to voice their opposition to the bills, and gathered again outside Parliament on Monday as lawmakers prepared to debate the bills.
Among the correspondence received by the governor was a public letter from a group called the Expat Association of the Cayman Islands, which describes itself as a newly-formed association to support and advance the rights of expatriates in Cayman. That letter argued that the bills were discriminatory against expats and called for the vaccination of the total population of Cayman.
In his statement, Roper said he supported the bills passed in Parliament on Tuesday afternoon.
“We are currently dealing with a public health emergency and the Government is doing everything it can to protect the community of Cayman, ensuring it can manage any pressures on our health services. Pushing vaccination rates even higher is an important tool in our armoury,” he said.
He concurred with comments made during the debate by Attorney General Samuel Bulgin that the bills were in line with Cayman’s Constitution and Bill of Rights and were “reasonable, rational and proportionate”.
“If individuals wish to enjoy privileges under the Immigration Law and apply for a work permit, or renewal of a work permit, one of the conditions they have to meet is to demonstrate that they are vaccinated or can’t take the vaccine due to medical reasons or another exemption permitted under the law,” Roper said. “There is no right under the law to a work permit and there is no legitimate expectation for renewal.
“Government’s policy is that if you wish to be employed in the Cayman Islands, and you require a work permit, then you are obliged to demonstrate a number of things. This will now include that you are vaccinated against COVID-19.”
Potential legal challenges to the mandate
At least two law firms in Cayman, HSM Chambers and KSG Attorneys at Law, have outlined what they say are significant problems with the government mandating vaccines and say the legislation is likely to face legal challenges in court.
Addressing these potential court challenges, Roper, in his statement, said, “The Cayman Islands benefits from an independent judicial system that allows members of the public to air their grievances in court. The ability to challenge compatibility of legislation through the courts exists for all. This is how our democracy works. If there is a legal challenge, the Government will have to justify the legislation and the judiciary will determine its compatibility with our Constitution and Bill of Rights.”
He added that he shared the government’s concern to “do everything to support the health and well-being of everyone on Island so we can safely re-open the border. We all have to live with Covid in the future. These Bills will support that outcome and my hope is that the community can come together to help achieve it.”
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