Ian Hendry UK’s Constitutional Review Team	Rev Nicholas Sykes Secretary of Cayman Ministers Association

By Tad Stoner
tad@caymanetnews.com

The leader of the United Kingdom’s Constitutional Review Team, Ian Hendry, has expressed belief that the draft of the Cayman Islands’ new Constitution “will form a sound and modern basis” for mutual cooperation between the UK and the Cayman Islands.

In a letter written to the Leader of Government Business, Hon Kurt Tibbetts, Mr Hendry noted the draft’s provision of “…fair balance between greater local autonomy and the powers necessary to enable the United Kingdom to meet its responsibilities.”

In expressing his “hope” that the draft “will prove acceptable to the people of the Cayman Islands,” Mr Hendry indicates, “If so approved and enacted, the draft new Constitution will represent a modern and more democratic constitutional settlement between the Cayman Islands and the United Kingdom, reflecting our relationship of partnership in the 21st century, and in terms that are acceptable to both the Cayman Islands and the United Kingdom.”

Reverend Nicholas Sykes, Secretary of the Cayman Ministers Association and member of the delegation that participated in constitutional talks held in London, says Mr Hendry’s previously unpublished letter contains “important statements and implications”.

Quoting Mr Hendry’s three-paragraph letter, Reverend Sykes said copies of the constitution and accompanying documents “represent the political agreement reached at the constitutional modernisation talks held at Lancaster House.”

As such, he said, the documents represent an agreement reached by “the polity” of the UK and the Cayman Islands, lending weight to the accord. He also expressed his belief that tampering with the draft would lead to problems.

“It is a unfortunate the letter has not been made available to the public,” says Rev Sykes. “Had it been seen, a lot of the discussions and the calls that we make changes would have been invalidated.”

Referring to the nearly two-dozen Cayman Islands representatives that participated in the Constitution deliberations, Rev Sykes says, “It is important to understand that this is a political agreement and this is it … I know because I was in there from the beginning as were all the others.”

At the last of three rounds of constitutional talks, which closed on 5 February, the UK and Cayman Islands released the final draft of the 85-page governing document and three letters detailing subsidiary agreements regarding foreign affairs, an undertaking by the governor of the Cayman Islands to consult Cabinet before issuing “Orders in Council”, and provisions for future constitutional change.

Since that time, local controversy has centred on the 28-point bill of rights. Detractors have said that the document does not protect individuals or private institutions against each other; issue has been raised that other rights, such as equal access to housing, healthcare and employment, have been omitted.

Supporters, on the other hand, have said the document affirms the UK’s obligations for protection under the European Convention on Human Rights and the Universal Declaration of Human Rights.

The Government continues to seek approval of the document in a 20 May referendum, conducted simultaneously with the general elections.

Carlene Alexander, chairperson of the human rights organisation Equality Cayman, says she thinks the letter from Mr Hendry is open to interpretation. “I don’t want to get into an argument, because that wouldn’t help… I think the letter from Mr Hendry can be interpreted depending on what you want to get out of it,” she says.

She says the Foreign and Commonwealth Office have their position, and they might have met the criteria, but she asks, “Is minimum compliance what Caymanians seek?”

Rev Sykes, meanwhile, points to the final paragraph of Mr Hendry’s letter, describing it as “perhaps even more important because it says the relationship between the UK and the Cayman Islands is a ‘modern and more democratic constitutional settlement’ and that ‘the continuation of that relationship is a matter of mutual consent.”

“What we have here,” says Rev Sykes, “is something to which the UK would certainly assent.” He maintains that changes or outright rejection of the document would jeopardise relations between the two countries.

”If it’s changed, I don’t know what that would get you, and especially if we got a ‘no’. It could change a lot. It could be a real, real problem. I just don’t think the gravity of the situation has been appreciated,” he says.

He adds that rejection would mean local governance would revert to provisions of the 1972 constitution, which has no rights protections at all.

“The UK is extremely nervous about its relationship with Cayman under the 1972 constitution because it leaves the UK feeling vulnerable to charges that it is not compliant with the European Convention, and who knows what we get into with that?” said Rev Sykes.