EDITORIAL
'Dah Beach Belong To We'
Monday, September 6, 2004
"Dah beach is mine. I could bathe there any time.
Despite what he say, I goin’ bathe there any day."
The Mighty Gabby’s famous calypso Jack resonates in the hearts of Caymanians
and in the Caribbean generally because the beach is very special to us.
As Bruce Orr, a surveyor of the Cadastral Survey that established land
boundaries in the Cayman Islands, pointed out in the first of his letters on
the subject (Cayman Net News 27 August 2004), the law protects our access to
the beach in full understanding and recognition of the strong sentiments held
by Caymanians about the need to have unimpeded access to, and unrestricted use
of the beach and seashore generally.
In common with some other Caribbean islands with British heritage, there are
no private beaches in the Cayman Islands. This reflects the undeniable will of
the people and is rooted in the common law that represents the foundation of
Cayman Islands law.
The argument that this tradition and the law are somehow nullified by spending
large amounts of money is typical of the regrettable focus on the almighty
dollar in this country.
The argument advanced by another publication that there are plenty of other
beaches is equally absurd.
Any attempt to restrict access to or the use of any beach in the Cayman
Islands is a breach of faith with the people of the Cayman Islands.
Whether it is true or not, some have suggested that Westin Casuarina Resort is
really trying to keep people of certain nationalities off the beach. Nothing
reported in the Westin’s actions seems to suggest this is the case, but with
such an emotionally-charged subject as Cayman’s precious beaches, it is easy
to understand why some minds would drift in the direction of profiling.
A dispute with adjacent properties over what may or may not be misleading
advertising is a commercial matter that is quite capable of being resolved by
the courts. However, claiming beach access over public rights of way is
something we can all lawfully assert.
The Westin Casuarina Resort should also bear in mind that it has inherited
another tradition by virtue of its construction on the site formerly occupied
by the old Galleon Beach Hotel, which was a favourite of locals and visitors
alike to enjoy the beach. Through the 80s, that particular beach was the venue
for sunning and watersports by day, and dancing by night.
As another of the letter writers to Cayman Net News asks, ‘does the Westin
expect non-guest patrons of its bars and other facilities to restrict
themselves to areas of the hotel other than the beach itself?’
The issue of beach access is of the utmost importance to most Caymanians and
the government needs to clarify the law for all concerned, especially for its
own law enforcement personnel, who themselves seem to be misinformed.
It is unfortunate that with all of the publicity and controversy this issue
has causes that the Legal Department has remained silent in addressing the
situation, perhaps thinking if it just hides its head in the sand long enough,
the problem will just go away.
Part of the reason why these types of situations can sometimes get blown out
of proportion is the lack of communication with the public. Just as with one
of Cayman’s many unfounded rumours that take on a life of its own,
the best way to put this issue to rest is with the facts straight from the
source, which in this case should be the Legal Department.
Back...
Click
here for reader comments...
| 
