Lettersto the Editor
Definitionof 'Caymanian' in the Draft Constitution
Dear Sir,
I recall that a while ago your publicationmade a major point of your decision to cease making any distinctionbetween the terms 'Caymanian' and 'Cayman Status Holder' in yourpublication on the basis that continuing this archaic distinctionwas not in tune with modern Cayman.
It is with some sadness therefore that Inote that this distinction is not only maintained, but in factreinforced and greatly strengthened by the wording of the draftconstitution recently made public. In this draft document, theterm 'Caymanian' is used in several critical areas, includingrestricting the right to vote (and stand for election) to thosewho are 'Caymanian', which is defined in the document as follows:
'Caymanian' means a person who possessesBritish Overseas Territories Citizenship by virtue of a connectionwith the Islands and who:
a) was born in or outside of the Islandsand at the date of his birth had at least one of his parents orgrandparents who was Caymanian as herein defined and who was domiciledin the Islands at the date of such birth, and
b) possesses no other citizenship and ispursuing no other claim to any other citizenship for which hemay be eligible
To summarise the comparable voting requirementsright now (distilled from the complex set of current rules), tobe eligible to vote you must:
a) Hold Cayman status
b) Hold a British Overseas Territories passport(but may also hold another passport).
As one can see, the draft constitution has greatly tightened upon the definition of 'Caymanian', when surely the shifts in oursociety dictate that the smart (and democratic) move would beto move towards reducing those restrictions and enfranchisingmore of the people of Cayman.
Let's see some examples of who this new definition restricts fromever holding the right to vote:
a) All Caymanians born outside of Caymanin countries that automatically grant citizenship to those bornin that country (pretty much anywhere in the world except Cayman!).Let's see, that includes a whole lot of high profile Caymanianswho were born in the US or Jamaica over the last several decades.Those individuals are citizens of the country of their birth whetheror not they have chosen to seek a passport from that country,so under this constitution they should no longer be entitled tovote.
b) All Caymanians who seek a UK passportunder the new British Overseas Territories Act (that recentlyreceived Royal Assent), as they would no longer be eligible tovote as they would possess UK citizenship.
c) All persons granted Caymanian statuson the grounds of marriage to a Caymanian. Those people will neverfall under the definition of Caymanian.
d) All persons granted Caymanian statuson the grounds of long-term residence.
e) In particular, children born in Caymanwho may have lived their whole lives in Cayman but were born ofexpat parents, even if they are granted status, will never beconsidered Caymanian and will never get the right to vote.
Leaving aside the citizenship issue, thebottom line is that the proposed new constitution seeks to restrictmany Cayman Status Holders from ever holding the right to voteat any time. Basically, based on the two elements now to be used,one must be a born Caymanian of Caymanian parentage. Is that reallya progressive and modern definition for this new constitution?
Tom McCallum