Letter to the Editor
Elections, Cayman Constitution and Human Rights
Thursday, July 8, 2004
Dear Sir,
I refer to a recent letter to the Editor from Norberg K. Thompson, OBE, in
which he reminds readers of his opinion in relation to the stewardship of the
current political leadership in these Islands.
While I respect the right which Mr. Thompson, or any other citizen (or
resident) has to offer their observations, I was shocked by the broad sweeping
conclusion to his letter.
In particular he said: (the) “Government should be reinstated even without
a November election.”
As we celebrate our Constitution Day on Monday 5th July, it is very fitting
to remind Mr Thompson, or anyone else who may wish to entertain and express
such an opinion, of the provisions of our Constitution (Order of 1972).
Section 47(2) of our Constitution mandates that HE The Governor dissolves the
Legislative Assembly four (4) years after the previous general election;
Section 48 then further mandates that the general elections are held within
two months after such dissolution.
I am certain that under the present circumstances, Her Majesty’s Government
(in “Whitehall,” London), has no intention of varying from these normal
arrangements.
I am also certain that such a repugnant wish or dictate will be vehemently
resisted by the Caymanian people, as well.
I also wish to take this opportunity to express my concern with some
information which has come to my attention, that some employers are trying to
intimidate some of their employees from getting involved in normal political
awareness and commentary, especially if it is in opposition to the current
Government.
This is an election year, and Caymanians, similar to free citizens
everywhere, are known to become involved and pay keen attention to the
position of candidates, as well as serving on candidate’s election committees.
May I also remind those employers of the legal instructions in this regard.
Section 80 of the Labour Law (2001 Revision) and Section 83 (2) of the
Employment Law 2004 (which is slated to come into effect on 1st September
2004), makes it an offence for employers to discriminate against any employee
due to the employee’s “political belief,” also implicit in this is the
reasonable exercise of any rights relating to that Law or any other law.
The sanction by the Court for an employer contravening those sections of
the law is a fine of $5000 and imprisonment of twelve months.
I trust that the foregoing may be instructive, and I also trust that as the
country moves closer to a crucial election in November, that persons of
influence will not seek to artificially engineer the outcome of due process by
financial expedience, partisan arrogance (including intimidation and
victimisation), or democratic insensitivity.
Mario E. Ebanks
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