CPR Statement on Government Referendum Move to General Election

CPR Cayman welcomes the Government’s decision to move the Government referendum on cruise berthing to the general election, saving both public and community resources and giving a fair opportunity for eligible voters to be registered in time to participate.

Lack of Referendum Regulations

While the Elections Act (As Revised) of the Cayman Islands carefully regulates all aspects of general elections, including candidates’ expenses, advertising and disclosures, we are concerned that the Government referendum may proceed without adequate regulation to ensure a fair and effective process.

CPR urges the Government to develop a Standalone Referendum legislation governing Government Initiated Referendums (“GIRs”) and People Initiated Referendums (“PIRs”) in line with international best practices for fair and effective referendums. The Government had begun developing this legislation in 2019, as reported to the Grand Court during Roulstone v. CIG. The constitution clearly envisions a standalone referendum law, and while the outcome of the appeal of Roulstone v CIG may not compel Government in all instances to have the stand alone legislation, we are sure that most will agree that it is in the public’s best interest to have such legislative framework to guide the many intricacies of both PIRs and GIRs, to ensure our constitutional right to a fair and effective vote in all matters.

In the Constitution Commission’s 13 October 2011 research paper ‘People Initiated Referendums’, the opening paragraph reads:

‘The Constitutional Commission is of the view that legislation should be passed as soon as possible to govern the referendum process whether initiated by the Legislative Assembly pursuant to section 69 of the Cayman Islands Constitution Order 2009 (the Constitution) or by the people of the Cayman Islands under the provisions of section 70 of the Constitution.’

The following are a few of the many concerns which should be covered by the legislation:

• Timeline between notification of public and the vote being held

• Voter Registration deadlines with respect to referendums

• Public Education

• Campaign Financing

The Constitutional Commission identifies 26 different areas that the legislation should regulate (Please see page 6-7: Constitutional Commission 2011 Research Paper ‘People Initiated Referendums)

Vague question and lack of public disclosure

In the previously issued motion, the Government proposed the question: ‘Should the Cayman Islands develop cruise berthing infrastructure?’

To our knowledge there are no serious proposals to develop cruise berthing infrastructure anywhere besides George Town harbour.

The public deserves all of the relevant facts and context to make an informed decision and it is disingenuous and lacking in principles of good governance for the Government to pose a vague referendum question on cruise berthing, removed from the realities of the immense economic and environmental impacts, in the hope of garnering more support.

We hope that the Government will see the importance of building up our democratic institutions with the development of the general referendum legislation and we look forward to working with the Government to support the public consultation process for the creation of the stand-alone referendum legislation.

Despite our concerns, CPR Cayman looks forward to the upcoming referendum and the opportunity for the public to have their say on this very important issue and urge eligible person to get registered to vote to be able to participate in this historic referendum.