Government agencies should submit yearly reports to the proposed Cayman Islands Human Rights Commission, outlining what they have done to realise human rights.
The Cayman Islands Human Rights Committee – which the Government plans to constitutionally recognise under a revised constitution as a Human Rights Commission – has argued for the change in order to require that government entities report on steps they’ve taken to improve housing, health care, food, water, social security, education and the environment.
The recommendation is part of a report exploring how a constitutionally recognised Human Rights Commission should function and what powers and responsibilities it should have.
‘In its public debates, the HRC has noticed one overwhelming concern emanating from the people of Cayman [is that] individuals either do not know what their rights are or are unable to access these rights,’ the HRC said in a statement Monday.
‘It is in both of these areas that a Human Rights Commission will assist.’
Following a model in place in South Africa, the report says the commission should be responsible for promoting respect for human rights and a culture of human rights; promoting the protection and attainment of human rights and monitoring and assessing the observance of human rights.
It also suggests the commission have a stake in encouraging the maintenance and development of harmonious relationships between individuals and amongst diverse groups in Cayman, borrowing from language used to create the New Zealand Human Rights Commission.
The report is silent on whether the commission should have any quasi-judicial enforcement powers when human rights complaints are lodged.
In its Summary of Proposals for a revised constitution, the People’s Progressive Movement Government states the commission would seek to ensure human rights are being respected, mediate in human rights disputes and help individuals bring complaints.
The HRC report argues ‘whatever legal remedy is provided, this would not necessarily prevent the new commission having a role in receiving and publicising human rights complaints that it receives; mediating in human rights disputes for prompter and cheaper resolutions; and intervening in legal proceedings where its expertise could prove beneficial to the interpretation of human rights in the Constitution.’
While the report said any new constitutional Bill of Rights should become the primary reference point for the commission when resolving human rights disputes, ‘this ought not preclude the new institution from referring to international human rights treaties both for guidance on the definition of rights … and when providing education on broader human rights issues …
‘To this end, it may be worthwhile identifying the various international treaties that the new institution may draw upon for inspiration and enlightenment in the enabling legislation.’
While the report wants the commission’s functions set out in the Cayman Islands Constitution, it says those functions could be elaborated on or extended in domestic laws.
Further administrative, investigative and conciliation functions could also be written into domestic law to address various forms of discrimination, the report adds.
The report is available from www.humanrights.ky
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