The PACT government will mark its first year in office later this month, but at least one box on their to-do list will remain unticked, that of the long-awaited sexual harassment legislation which is not heading to Parliament until later this year.
“We would expect to have the Bill enacted by the end of the third quarter if not sooner,” Premier Wayne Panton said via email in response to queries from the Cayman Compass.
He confirmed instructions have been issued to the legal drafting team to update the 2015 bill.
“As Minister responsible for Gender Affairs, I am pleased to confirm that the PACT Government is going to advance the legislation on this very important topic. Considering how long this has remained unaddressed it is important to get this done as quickly as possible,” he said.
Work in progress
However, the premier said the legal framework to address sexual harassment will take time.
“The updated version will be brought through Caucus and Cabinet and then published for the required minimum of 28 days’ notice period. It is anticipated further public awareness and engagement will be done,” he said.
Last year, the Compass highlighted the sexual harassment problem in the Cayman Islands through its Issues section where women within the community shared their experiences and the challenges they have faced from in the workplace to just walking on the street.
Panton, who addressed the issue in that series, committed to taking the law to the finish line.
“I can’t promise you we will be able to deal with the bill this calendar year but I hope we can deal with it before a full year of this government’s initial term,” he said then.
While speaking on Cayman Crosstalk on Rooster 101 last year, Panton also pointed out, “Let’s be honest. When you have policymakers dominated by males you may find that kind of thing is down the priority list,” he said then, adding, “I want to make it clear to the country and to the women of this country that for our government it is not lower down the list. It is something we are concerned about.”
Panton, in his statement this week, noted that “a great deal of effort, including research and data collection, has been put into creating awareness about the issue of sexual harassment within the Cayman Islands over the last 15 years”.
This included efforts from the 2008 report of the Special Advisory Committee on Gender Violence to the 2015 draft bill which was not published.
Attacks continue
Since then, incidents involving violence against women have continued.
The most recent attack was at Spotts beach in which victim Jolene Nelson-Henry and her two friends were accosted by a man while they were watching the sunrise.
The encounter escalated to the point where the man, who was later arrested by police, kicked her hand which in turn struck her face leaving bruises.
Prior to this incident, there had been an attack on a female jogger, reports of drink spiking and the assault of a young mother in the public library carpark.
The victims in all these incidents have pointed to the absence of a law and the urgency of having a framework enacted to provide the necessary protections.
There have also been calls for the introduction of pepper spray as a means of protection for women.
Back in 2011, Red Bay MP and former Premier Sir Alden McLaughlin, then on the Opposition benches, brought a successful motion to legalise pepper spray, but no accompanying legislative changes ever progressed to the House.
Eight years later, then-North Side MP Ezzard Miller renewed the call for pepper spray. The legal framework for such a change has to be initiated through legislative means.
Infrastructure Minister Jay Ebanks has pledged to implement law changes to allow women to legally carry pepper spray.
Sexual Harassment Act timeline
(Source: Premier’s Office)
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2008 – A report of the Special Advisory Committee on Gender Violence was published. Based on the recommendations therein, Cabinet then issued a directive that the issue of gender-based violence should be examined (issues such as rape, marital rape, sexual harassment, stalking, domestic violence, incest, child abuse and prostitution).
2009 – The Report of the Special Advisory Committee on Gender Violence along with the report prepared by the Young Business and Professional Women’s Club (YBPWC) on sexual harassment and stalking was subsequently referred to the Law Reform Commission in 2009 by the senior policy advisor (gender \affairs) in what was then the Ministry of Community Affairs, Gender, and Housing.
2010 – In responding to the referral, the LRC sought to deal first with the issue of domestic violence. This resulted in the subsequent enactment of the Protection from Domestic Violence Act, 2010.
2012 – The LRC produced a consultation bill using the key findings and legislative recommendations of the YBPWC Stalking and Sexual Harassment Report and Survey which provided local data on sexual harassment. The draft Sexual Harassment Bill, 2012 was put out for consultation. Feedback was incorporated into the 2013 version which was released with the LRC report in May that year.
2013 – The Sexual Harassment Bill 2013 was released.
2015 – Further comments from the ministry responsible for gender affairs were incorporated into a 2015 draft but this subsequent version was not issued for public consultation.
2022 – Drafting instructions issued to update 2015 bill; law expected to be enacted by third quarter.
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