SPECIAL Report
Vision 2008 & the ImmigrationIssue
By Patrick G. Schmid, LLB(Hons), Dip.Ling.,Attorney-at-law
Editor's Note: Added to all that has gonedown in the past couple of months in respect of the re-shapingof the Cayman Islands as a 'Tax Haven' - the most vexing problemof Immigration - which was referred to by Baroness Scotland duringher recent visit here as "knotty" - appears to havetaken a back seat, with little chance for the myriad of issuesin connection with this subject being dealt with by the outgoinglegislators - who will be meeting for one more session beforethe General Election in November.
Less all is forgotten, and not taken as still a very serious threatto the orderly development of our society, Cayman Net News requestedthe Chairman of the territory's National Strategic Plan, Vision2008, Strategy 16 on Immigration- Caymanian Attorney, Mr. PatrickSchmid to re-visit this matter, with a view of keeping the issuesof Immigration alive.
The following is his report:
BACKGROUND
The immigration issue, though very serious, complicated and inneed of urgent attention in the form of positive action, is nota new one. The Cayman Islands has a history of immigration issuesand challenges. Caymanians have historically been a migrant people,travelling as necessary to make a living and returning home tothe Cayman Islands when possible.
The Cayman Islands do not have an indigenous population, Caymaniansrepresent a melting pot of nations and cultures, of peoples whohave settled here over the centuries.
However, the Cayman Islands have developed their own culture overthree hundred years filled with the experiences of living in theseIslands, with all the good as well as the harsh things which livingin these islands could bring. This experience has undeniably broughtabout the formation of a very unique West Indian culture.
The rapid growth in the economy of the Cayman Islands since about1965, especially in the tourism and finance industries, has broughtwith it a great deal of change in the islands previously knownas 'the islands time forgot.' There has been an impressive amountof socio-economic pressure brought about by the rapid and oftenunplanned changes which have taken place. The immigration issueis only one of those pressures, yet it is one of the most importantones!
Caymanians now make up less than 50% of the Cayman Islands workforce and remain in only a very bare majority in terms of totalpopulation, as shown by preliminary indications from the lastnational census taken in 1999. People from over 100 other countriesnow live and work in the Cayman Islands.
Whilst there are many positive things which can be said aboutthe presence of many of our islandsí'newcomers, there isnow a distinct perceived need for Caymanians to take more controland achieve a better balance in terms of both immigration policyand practice and concomitantly the management of the country ona whole.
To achieve a more viable balance in the future, there needs tobe a fair and clear system, so that newcomers to the Cayman Islandsunderstand their rights and obligations. At the same time we asCaymanians will be protecting our unique culture and ensuringproper training and job opportunities for our people. After all,these goals are precisely the purpose of immigration policiesin all modern, developed countries.
Any such considerations should of course be balanced with allobligations as regards compliance with international principlesand conventions which seek to ensure basic standards for a country'scitizens, first and foremost, as well as those of its visitorsand foreign residents present on its soil.
The Vision 2008 exercise brought together a large number of peoplewho expressed their opinions on these and other matters of nationalimportance. A predominantly Caymanian roundtable consisting ofsome 54 persons was charged with the responsibility of devisinga blueprint for the future of immigration policy and practicein the Cayman Islands.
The mission statement was: 'To create a comprehensive Immigrationpolicy which protects Caymanians and gives security to long termresidents.' The Roundtable produced 11 plans consisting of varioussteps which would need to be carried out in order to achieve eachof the plans. Suggestions were made for example for the establishment,of a Human Resources Authority, merging the present Immigrationand Labour Departments and the Immigration Board.
This would facilitate, amongst other things, an Immigration practicewhich would be run entirely by persons hired on a full-time basis,(as opposed to the present voluntary system), and would speedup processing time and clarify the procedural aspects of immigrationpractice. It would help to ensure that where there is a genuineneed it is filled but that where there is a Caymanian availableto do a job he or she is not somehow overlooked.
There are many other concepts put forward in the Immigration Planof Vision 2008, and some of these are summarised below. Overallthe plan is a good one and has been adopted by the LegislativeAssembly of these islands as policy. It is my hope that it willone day be fully and comprehensively utilised for the good thatit can bring about.
PLANS FOR THE FUTURE
How do we change present policyand practice and why?
Many people have spent much time deliberating about what wouldbe the best system of immigration policy and practice for theCayman Islands and have produced very thoroughly thought-out andsubstantial suggestions for positive and coherent change. Vision2008 is largely representative of the thoughts and desires ofthe people of these islands for its future.
The Vision 2008 Immigration strategy, in a nutshell, also proposesthe following changes:
· To ensurethat all immigration policies fit within a framework of a nationalgrowth management strategy and that they make sense as regardsthe country's national manpower needs and plans.
· To clarify the position of existing long term residents.
· To establish criteria to be satisfied prior to achievingany advanced immigration rights.
· To establish a system for the proper training of Caymaniansand proper succession planning for Caymanians within businessesoperating in the Cayman Islands.
· To ensure that a proper system of appeals is in place,including the establishing of an Immigration Appeals Tribunaland the removal of EXCO as a body of appeals on immigration matters.
· To ensure that permit applications are considered andprocessed efficiently and so as to avoid the untimely delays andundue strain on people and the system brought about by the presentsystem in which applications are considered by a volunteer Boardmeeting on a part-time basis.
· To clarify the position of Caymanians born overseas anddescendents of Caymanians wishing to return to the Cayman Islandsin order to have standardised criteria for eligibility.
· To ensure a proper balance of the cultures representedin the expatriate population so as to ensure that no one grouphas a particularly overwhelming impact on the culture of the CaymanIslands.
· To ensure equal treatment of Government and the privatesector.
Some may argue that these matters and this plan are now renderedlargely redundant, due to pressures from the mother country andperhaps even certain international bodies, to make other changesto the Immigration policy and practice of these islands.
However, I do not believe that this is entirely the case. It isstill within the scope and powers of the Cayman Islands governmentto regulate Immigration and Emigration in these islands. We havea form of dual immigration policy which requires that a personmust qualify both as a citizen and a status holder in order tohave a full set of rights under Cayman Islands law. It is up tothe people of the Cayman Islands, via their government, to devisea sensible and equitable method of dealing with the Immigrationissue.
As with all things, if we act efficiently and proactively anysuggestion for change that comes from anywhere else will finditself having to work with a sensible, defendable and establishedsystem.
Let us therefore not sit by the side of the road, ignoring theobvious changes which need to be made until its too late, untilsystem collapses under the demands placed on it or someone elsehas to intervene in our own immigration practice and policy issues.
Let's make the necessary adjustments ourselves and move forward.