No Permits for Europeans?
There has been quite a lotof discussion recently about the implications suggested if theWhite Paper now being annalzyed by the general public andprofessionalentities.
Seeking to get a feedback in the public's interest, now thatthe dateline has passed for submissions for consideration, CaymanNet News spoke recently with a young Cayman in professional whoshared the following views. The comments are excerpted from asubmission made.
Many in the Cayman Islands are becoming concerned that the incorporationof certain proposals in the White Paper will diffuse the effortsbeing made by concerned citizens to bring on stream an immigrationpolicy which will work for continued orderly growth of Islands.
While the White Paper announces an intention to offer BritishCitizenship to British Dependent Territories Citizens on a non-reciprocalbasis as far as the right of abode is concerned, it also pointsout that under European Community Law, giving British DependentTerritories Citizens British Citizenship will mean giving themcertain European Community rights of freedom of movement and residencein EU and European Economic Area member states.
It further states that "as now, newcomers to the OverseasTerritories will be subject in the first instance to regulationson rights of residence in the Overseas Territories in which theylive. These regulations differ from territory to territory andoften prescribe lengthy periods of legal residence and other qualificationsfor the grant of 'belonger status'.
Based on the foregoing it seemed clear to the Caymanian Bar Association- CBA that Her Majesty's Government - HMG was not proposing tointerfere in the domestic immigration laws and policies of theOverseas Territories.
On the other hand, the White Paper also states that HMG regards"the establishment and maintenance of high standards of observanceof human rights as an important aspect of our partnership withthe Overseas Territories. The CBA's objective is that those territorieswhich choose to remain British should abide by the same basicstandards of human rights, openness and good government that theBritish people expect of their Government.
This means that the Overseas Territories legislation should complywith the same international obligations to which Britain is subject,such as the European Convention on Human Rights and UN InternationalCovenant on Civil and Political Rights".
The White Paper identifies three specific human rights issues- judicial corporal punishment, laws criminalizing homosexualityand capital punishment - and indicates that should the OverseasTerritories fail to enact the necessary reforms legislation wouldbe imposed on the Caribbean territories by Orders-in-Council.
The CBA is aware of a draft Charter of Fundamental Rights of theEuropean Union (the "draft Charter") which was publishedon 6th January, 2000 and is based on the European Parliament'sDeclaration of Fundamental Rights and Freedoms of 1989. If thedraft Charter is adopted by the EU the United Kingdom, as a memberof the EU, will of course be bound by its provisions.
They find deeply disturbing the possibility that three provisionsin particular of the draft Charter may, in due course, apply tothese islands.
(A) Article 19 (Freedom of movement) states as follows:
1. All citizens of the Union shall have the right to move andreside freely in the territory of the Member States unhindered.
2. All citizens of third countries shall enjoy these rights tothe same extent if they have been lawfully resident in the territoryof the Member States for five years."
(B) Article 20 (Freedom to choose an occupation) states as follows:
1. All citizens of the Union shall have the right to equalityof opportunity, freely to choose their occupation and place ofwork and freely to pursue their occupation.
2. The freedom of choice of place of training shall be guaranteed.
3. All citizens of third countries shall have the rights referredto in paragraphs 1 and 2 to the same extent if they have beenlawfully resident in the territory of the Members States for fiveyears."
(C) Article 23 (Right to vote and stand for election) states asfollows:
1. All citizens of the Union aged at least 18 years shall havethe right to vote and to stand for election to the European Parliamentand to the local parliaments in the area where they live.
2. All citizens of third countries shall have the rights referredto in paragraph 1 to the same extent if they have been lawfullyresident in the territory of the Member State for five years.
In the view of the CBA these are not rights that one would normallyidentify as human rights. It seems clear, however, that the EUhas a different view of the matter. Given HMG's commitment toimpose all of its own human rights obligations under internationalagreements on the Overseas Territories this raises the issue ofwhether HMG, to maintain consistency with the representationsin the White Paper, intends to create an exception in respectof these particular rights and, if so, whether such an exceptionis agreeable to the EU.
On the other hand if, contrary to the representations in the WhitePaper, it is sought to impose these obligations on the Islandsso that non-Caymanians will acquire permanent rights in accordancewith Articles 19, 20 and 23 of the draft Charter, it would beof course nullify the efforts to reform the Immigration Law andpolicy of the Islands, and the social upheaval that would inevitablyensue would be incalculable.
The submission ended with an appeal to understand Cayman's plightas a small, still developing Nation.