The Parliamentarian 2013: Cayman Islands supplement

CAYMAN ISLANDS:

Implementing initiatives to curb climate change Page 20

PLUS A history of the Cayman Islands’ Legislative Assembly

Cayman Islands’ constitutional status as a U.K. overseas territory

Healthcare financing: Quality, accessiblity and affordability

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PAGE 8

PAGE 12

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Overview of the Cayman Islands’ journey to gender equality PAGE 16

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Jim Lipschutz/Shutterstock

Schoolmasters fish feeding in the current off Grand Cayman.

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CONTENTS 2013: ISSUE 1 A Profile on the Cayman Islands, host to the 2013 CPA Mid-Year Executive Committee Meeting

A history of the Cayman Islands’ Legislative Assembly

Curbing climate change in the Cayman Islands

Cayman Islands’ constitutional status as a U.K. Overseas Territory and its relationship with the U.K. government

From stress to success

Hon. Mary J. Lawrence, MBE, JP Page 2

Hon. Juliana O’Connor-Connolly, JP, MLA Page 8

Hon. Juliana O’Connor-Connolly, JP, MLA Page 20

Hon. Cline Glidden, MLA Page 24

A brief history of the Cayman Islands Page 28

Healthcare financing: Quality, accessiblity and affordability Hon. J. Mark P. Scotland, JP, MLA Page 12

An overview of the Cayman Islands’ journey to gender equality Hon. Dwayne Seymour, MLA Page 16

Front cover A school of silverside fish in a grotto in Grand Cayman: Shutterstock® Promoting sustainable forest management

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THE LEGISLATIVE ASSEMBLY: A HISTORY

A HISTORY OF THE CAYMAN ISLANDS LEGISLATIVE ASSEMBLY From a select group appointed to bring order to a small trio of lawless islands that attracted some less than desirable early inhabitants, the Cayman Islands Legislative Assembly has developed with the Islands into an open democracy fully accountable to the Caymanian people.

Hon. Mary J. Lawrence, MBE, JP, in George Town.

Ms Lawrence is the Speaker of the Cayman Islands Legislative Assembly and President of the Cayman Islands Branch of the CPA. She was nominated from the Cayman community to be the sixth Speaker following the May 2009 general elections. She is the fourth woman to hold the office since it was instituted in 1994.

Hon. Mary J. Lawrence, MBE, JP.

The Cayman Islands Legislative Assembly had its genesis in a decision taken in a meeting held at Pedro St James on 5 December 1831 by the Magistrates and Principal Inhabitants of the island of Grand Cayman – 328 years after the discovery of the Cayman Islands

by Christopher Columbus on 5 May 1503 on his fourth and final voyage.

For much of those first three centuries the islands had remained uninhabited. Spain, its original owner, ceded them to the British along with Jamaica in the Treaty of Madrid on 8

July 1670. But, while Jamaica was considered worth fighting for, the Spanish and then the British showed little or no interest in colonizing the Cayman Islands.

The territory had no mineral wealth or other natural resources so dear to the world powers of the day. Their geographic location put them off the normal shipping routes, making it difficult to offer protection to any would-be settlers, and their inhospitable terrain inhabited by hordes of mosquitoes, was not conducive to agriculture and the establishment of plantations.

In their first 150 years the Islands’ sole claim to fame was their abundant supply of turtles which ships traversing the region harvested as a food supply for their crews.

The early years Their desolation and isolation also made them an ideal hideout for the pirates and privateers who preyed on the ships of the British, French and Spanish fleets.

The first recorded settlers were

two men alleged to have been a part of Cromwell’s army. They arrived in 1653 and were later joined by a motley assortment of men of English and European origin who arrived by shipwreck or opted for reasons best known to themselves to seek the

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The Legislative Assembly building in George Town.

anonymity provided by the islands’ isolation.

With none of the laws or formal structure of society being developed in other territories, those who settled were left to their own devices, and the lawlessness of its scant population

finally led Jamaica, the nearest British outpost, to appoint magistrates from among the settlers, in an attempt to establish law and order.

The first of these was William Cartwright of George Town, though there is no record of his commission.

The next appointment was William Bodden Sr. of Bodden Town who was appointed Senior Magistrate

by Rt Hon. Earl of Balcarres, then Lieutenant Governor of Jamaica. The commission was dated 13 January 1798 and included his two brothers,

James and Joseph, to serve with him.

It was under his guidance that the territory would take its first tenuous steps to becoming an organized society.

The magistrates were later joined in decision-making for the territory

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by its principal inhabitants. This group of persons, which became known as the Magistrates and Principal Inhabitants, held a public meeting on 13 December 1823, passed an Act to establish the courts and proceeded to make and pass laws for the good governance of the Islands. There was no appeal from their judgements.

The first Legislative Assembly The decision taken on 5 December 1831 was acted on immediately with the first elections held five days later on 10 December and the first meeting of the new Assembly of Justices and Vestry called on 31 December 1831 and 2 January 1832.

The record of these events was found among the Jamaica Papers in the Public Records Office in London (CO 137/193 s CC480) and noted that the Assembly was a bicameral House, formatted in imitation of the Council and Assembly of Jamaica, and laws framed or passed by the Representatives, were not valid until they had received the assent of the Magistrates.

The record went on to include the names of the Members of that first bicameral Legislature – with a total of eight Magistrates forming the upper House with John Drayton as Senior Magistrate and a total of 10 Elected Representatives from the settlements of Bodden Town, Prospect, S.W. Sound, George Town and West Bay, forming the lower House.

It is believed that the first sitting of this first meeting, which had been duly advertised, was held at Pedro St James, and included the swearing-in of the Members of the new Assembly of Justices and Vestry. Two pieces of legislation were passed: an Act to prevent the sale of spirituous liquors without a licence and an Act to regulate the times for the holding the courts.

The second sitting held on 2 January 1832 would see the passage of an Act to regulate the Legislative Assembly. It called for that body to meet at least once a year, on the third Wednesday in February, on five days’ notice given by the Senior

The former Clerk of the Legislature, Hon. Sybil McLaughlin (left), speaking to Prince Philip, was appointed in1994 as the first Speaker of the Legislative Assembly.

Magistrate, or Custos as that new position was now called.

The need for more representatives was raised, and the Act authorized the Magistrates to call the people in their respective districts together to elect five Representatives each for Bodden Town, George Town and Prospect, and three each for

West Bay and East End. A further two Representatives were added by Law 2 of 1897 for North Side and, in later years, three for Cayman Brac and one for Little Cayman following their resettlement.

By 1906 the Assembly had a membership of 42 persons, 16 nominated Justices and 27 elected

Vestrymen. This meant there was a legislator for every 143 persons, but attempts to limit its growth proved fruitless until 1936 when the elected membership was finally limited to a total of 27, a figure that would continue until 1959 when the Islands were granted their first constitution.

It set the quorum for meetings at

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five Magistrates and 12 Vestrymen, and ordered a fine of 20 shillings for anyone who wilfully absented himself from a meeting, having received the required notice of five days and not having given a written response to the Clerk for presentation to the Assembly.

The system develops In 1849 the Assembly passed an Act which established a more extensive legal system including Quarterly Petty Sessions at Bodden Town, Prospect and George Town, as well as a Court of Reconciliation for land disputes and a Grand Court to take care of civil and criminal matters as well as to hear appeals from the lower courts.

The British interest in the islands through all these years was scant however, despite petitions and Memorials sent to Queen Victoria and the Governor of Jamaica begging for clarification as to the Islands’ political status. To whom did they answer?

Were they a colony under Britain or a dependency under Jamaica?

Finally, in 1863 an Imperial Act formally annexed the islands to Jamaica and on 22 June 1863, 30 years after the establishment of the Assembly of Justices and Vestry by the Caymanian people, the Governor of Jamaica passed an Act to give full effect and legality to the Legislative Assembly of Justices and Vestry, and all the several Acts or Resolutions passed in the Cayman Islands prior to 1863, by that body or its predecessors.

Following this, all legislation passed in the Islands had to be approved by the Governor of Jamaica, who was now also empowered to veto legislation passed by the Cayman Assembly or make and pass laws in the Jamaican Parliament for the Islands as well.

The Assembly began keeping its own records of meetings in April 1863. Prior to that, minutes of its meetings were recorded in the court record book as a matter of convenience since meetings of the Assembly took place at the same time as that of the court.

In 1898, the powers of the

Custos was vested in a British Commissioner who was appointed by and answerable to the Governor of Jamaica and was empowered to combine administrative duties with that of Judge of the Grand Court and Presiding Officer of the Assembly which was merged into one body.

The Assembly of Justices and Vestry would continue with very little change in its structure over the next half century.

The decade of change The fifties were a decade of change for the Islands, both physically and politically. Following the end of the Second World War, the Islands had built up a thriving link with the outside world, providing seamen for foreign shipping and experiencing for the first time a reliable source of income for its people.

The advent of an air link and construction of a small airport increased its access to the outside world.

But it was the political changes in the Caribbean which would force the Legislative Assembly to consider a new political course.

Jamaica, to whom the Islands were annexed, opted first to join the Federation of the West Indies, and then three years later to declare independence.

The Cayman Islands found itself centre-stage with its attachment to that island, and the dialogue between the Assembly of Justices and Vestry, the Governor and government of Jamaica and the British government, was long and heated.

Despite its annexation to Jamaica the islands had continued on, making its own way both politically and economically, and avoiding the imposition of taxation on its people as was imposed in the other territories making up the federation. The Assembly was strenuous in its objection to being included in the federation without even the concession of being offered representation in the new grouping.

On 7 April 1955 the Assembly sent a strong Memorial to the Secretary of State on the

“With none of the laws or formal structure of society being developed in other territories, those who settled were left to their own devices, and the lawlessness of its scant population finally led Jamaica, the nearest British outpost, to appoint magistrates from among the settlers, in an attempt to establish law and order.” constitutional future of the Islands.

The Members expressed three main aims: “First, we wish to retain the right to control entry to our Islands.

Secondly, we wish to retain the right to decide what taxes should be imposed on us .

Thirdly, we wish to retain our right to maintain our established channels of trade and employment overseas.”

There was no reply.

On 11 January 1957, they reiterated the same points in a Memorial to the Chief Minister of Jamaica.

Two months later the Commissioner told the Assembly in a Special Meeting that the Chief Minister had stated that the Constitution of the Cayman Islands should be committed to paper either as a part of the Jamaica Order or as a separate Order-in-Council. The Legislative Assembly opted for the latter course and embodied in its first constitution the rights of women to vote and hold public office.

The last sitting of the Assembly of Justices and Vestry took place on 3 July 1959.

The change begins The new Constitution Order came into effect on 4 July 1959 and included provision for a Legislative Assembly made up of 12 Members elected for a term of three years, as well as three official and three nominated Members. From these three groupings the Administrator, who would serve as Presiding Officer, would appoint a five-Member Executive Advisory Council.

Following general elections the

new Legislative Assembly was sworn in on 2 October 1959.

The coming into effect of that Constitution Order would have farreaching effects on the country. The debate raged on in the Legislative Assembly, Jamaica, Trinidad and London as to the future political direction of the Islands, with various proposals offered, including full internal self-government for the Cayman Islands within the Federation of the West Indies. The terms for the latter were laid out in great detail in a West Indies Constitutional Conference held in London and presented to the Legislative Assembly by the Governor of Jamaica, Sir Kenneth Blackburne.

The Legislative Assembly accepted the proposals and the Governor called a public meeting to present them to the Caymanian people on 7 July 1961. These plans were shelved when Jamaica opted for independence.

In preparation for the further changes they felt would come, the Members of the Assembly established a party system and in 1962 the first woman was elected to the Legislative Assembly from the district of Bodden Town under the banner of the National Democratic Party.

The party system was short-lived, however, as the two groups plus independents seemed unable to find stable ground with some Members moving from one group to the next at their convenience. In 1962, Jamaica’s move to independence changed the political landscape again as legislators struggled once again with the

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Pedro St James: The oldest existing structure in the islands and the birthplace of Caymanian democracy as the first elected Assembly met there in 1831.

decision as to the right new direction in which to take the Islands.

Eventually after much debate the Legislative Assembly on 19 January 1962 passed a Motion to continue as a Crown Colony directly under Britain, with the proviso “to negotiate with Her Majesty’s government in the United Kingdom for internal self-government, taking into account the wishes of the people”.

The sitting was presided over by the Governor of Jamaica who, the day before in a most unusual sitting attended by some 500 members of the public, had made the decision to shelve the constitutional issue based on the loudest handclapping response of the crowd to the two Legislators who spoke on the subject.

The new Constitutional Order was granted in 1962 offering only minor changes and the transfer of power from the Governor of Jamaica to the Administrator of the Cayman Islands.

In 1965 it was discovered that the Order had not been laid before the United Kingdom Parliament and thus was, in fact, not legal. A subsequent Order was drawn to ratify and replace it.

A new era The next decade, 1966 to 1976, was a busy one for the Legislative Assembly as legislation befitting the country’s new political stature had to be drafted and implemented.

Further, the economic direction of the country needed immediate

attention and the Assembly rose to the occasion, passing legislation to create the economic pillars of tourism and finance and the necessary infrastructural support, including the eradication of mosquitoes (the country’s pest), the introduction of its own currency and national airline service.

Contentious legislation, such as that to regulate development, immigration, land ownership and the environment, caused long and heated debates in the House, as the country struggled to assimilate the many factors associated with this new path of unprecedented growth and development.

The life of the House was extended by one year to allow

completion of the studies for further constitutional change, which was granted in 1972.

The new Order gave the Islands its own Governor and formally established an Executive Council, made up of four elected Members and three Official Members, the latter now including the Financial Secretary.

These were assigned portfolios at the discretion of the Governor who presided both in the Council and the Legislature.

It lowered the voting age to 18, increased the term of office of an elected representative to four years from three and removed the nominated Members from the House.

It included provisions for the appointment of a Speaker, though it

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the House. I was elected as Speaker following the May 2009 general elections and was nominated from the community.

would be another two decades before the House would move a Motion calling for the Governor to appoint someone to hold that office.

Subsequent amendments gave recognition to the positions of Leader of Government Business and Leader of the Opposition.

In 1974 the Legislative Assembly adopted its own Standing Orders which are currently under review, and in 1994 had its first Speaker appointed, the former Clerk of the Legislature Hon. Sybil McLaughlin, now a National Hero.

A subsequent amendment allowed the House the option to elect its Speakers from its membership or the community. The next three Speakers were elected Members of

Open to the community A new Parliament Building was constructed and opened with great pomp and ceremony on 31 July 1972, the first in the major building plan for upgrading the infrastructure of government.

It operates with an open-door policy, providing seating in its public gallery for almost 200 persons.

The Assembly proceedings are aired verbatim on radio and, since December 2012, carried live on its own television channel. Hansards of its proceedings are available on its website.

The work of the Legislative Assembly has increased astronomically with each decade.

The population, which stood at approximately 7,000 in 1959, now stands at 55,000 with almost half of that number in an imported labour force. The growing financial industry has drawn world-wide attention and the Legislative Assembly has had to meet the challenge of ensuring that its legal and financial legislation can stand scrutiny at all times, that the country’s immigration laws and policies are under constant review and the health care, education and social development needs of its people and residents are met.

Today, in recognition of this increase, both the Ministers in the cabinet and elected Members of the House are paid a full-time salary commensurate with their responsibilities.

In 2001 the party system was re-introduced resulting in the formation of two parties, the United Democratic Party (UDP) and the People’s Progressive Movement (PPM). Members of the UDP were in a majority in the Legislative Assembly at the time.

In 2004 following devastation by hurricane Ivan, the general elections were postponed to May 2005. The PPM was successful in that election and pushed for constitutional reform.

A new Constitution Order was accepted by the people in the Islands’ first referendum held simultaneously with the general elections in May 2009 and it came into effect on 5 November 2009.

That election returned the UDP to power and its Leader became the Islands’ first Premier.

The Legislative Assembly today Among the major provisions of the Constitution Order 2009 is the appointment of a Premier by the Governor , who can be either the Leader of the dominant party, or if that factor does not materialize, then the person who commands the most respect among the total membership of the House. Included also is the appointment of a Deputy Governor, a Deputy Premier, a Leader, and Deputy Leader of the Opposition.

The Legislative Assembly continues to be a one-Chamber House with the cabinet and its Back Bench sitting to the right of the Speaker and the opposition and independent Members sitting on the left.

The House is made up now of a Speaker, 15 elected Members (five of whom are Ministers), and two nonvoting official Members who hold the offices of Deputy Governor and Attorney General.

The new cabinet includes the Governor, five elected Ministers, one of whom is appointed Premier and one of whom must serve as the Minister of Finance, and the two nonvoting Official Members – the Deputy Governor and the Attorney General.

Following general elections in May 2013, the elected membership of the House is to be increased by three Members for a total of 18, seven of whom will serve as Ministers in the new cabinet.

The constitution also established several commissions to underpin its requirements for selection and performance of its elected representatives and public officials.

Approximately one-third of its pages is devoted to the Bill of Rights which was introduced on 6 November 2012.

A Complaints Commissioner and a Freedom of Information Commissioner ensure the public has the ability to complain about or seek information on its government and officials.

The Governor continues to wield considerable discretionary powers and legislation passed in the Assembly still has to have his approval before being brought into effect.

The question of single-Member constituencies has been the subject of much public debate culminating in a government-initiated referendum in July 2012. The idea was defeated at the time but continues to remain in the public forum.

The three new Members are to be added as a result of one of the three proposals offered by the Boundaries Commission. Two will be added for George Town to bring its total number of representatives to six, and one added for Bodden Town to bring its total number of representatives to four.

West Bay will continue to be represented by four Members, Cayman and Little Cayman by two and North Side and East End by one each.

A quiet transition of power took place in January 2013 when five Members of the UDP, including three Ministers, voted with the four opposition Members and two Independent Members for a Motion of No-Confidence in the government.

The vote took place in a special meeting of the House called on the signatures of 11 of its 15 Members, led by the Leader of the Opposition.

The Governor exercised his discretion at the time and acknowledged the five Members of the UDP, inclusive of the Deputy Premier, who had joined in support of the Motion, as the new minority government and appointed the former Deputy Premier as Premier.

The five have since resigned from the UDP. The current Legislative Assembly will be dissolved on 26 March 2013 and nominations will take place the following day, with general elections scheduled for 22 May 2013.

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CAYMAN ISLANDS’ CONSTITUTIONAL STATUS AS A U.K. OVERSEAS TERRITORY AND ITS RELATIONSHIP WITH THE U.K. GOVERNMENT

The Cayman Islands is mid way through the implementation of constitutional reforms which reflect its long tradition of democratic internal self-government and its desire to maintain its British connection, says the Islands’ Premier.

Hon. Juliana O’Connor-Connolly, JP, MLA, in George Town.

Ms O’Connor-Connolly has been the Premier of the Cayman Islands since December 2012, having been Deputy Premier since 2009. She is also Minister of Finance, District Administration, Works, Lands and Agriculture. A teacher and lawyer first elected to the Legislative Assembly in 1996, she is the first Caymanian woman to be Premier, to represent the territory’s two smaller islands and to be a Minister when in 1997 she was appointed as Minister of Community Affairs, Sports, Women and culture.

Premier Hon. Juliana O’ConnorConnolly, JP, MLA. As Parliamentarians, we are interested in and learn from the constitutional arrangements that characterize our individual nations’ quests for smooth-functioning democracies. Each United Kingdom Overseas Territories’ constitutional journey is as unique and varied as the territories themselves.

In the Cayman Islands, an overriding aspect of our constitutional relationship with the United Kingdom is that the majority of Caymanians want the Cayman Islands to remain a British Overseas Territory, even though we might seek as much internal self-government as possible.

This is entirely in keeping with the proud democratic history spanning some 200 years that the Cayman Islands has experienced as a territory administered from its inception by the British.

For the first century-and-a-half, the Islands were administered via Jamaica. Without a steady supply of abundant natural resources, like our mahogany which ran out after continuous felling, the Cayman Islands was pretty much left to its own devices.

However, this helped bolster our

people’s resiliency and self-reliance, which spurred us to create our own Legislature in 1831 in an attempt to better govern ourselves.

The Islands have never faltered in carrying forward our democratic tradition, instead zealously guarding our ability to self-govern.

Nevertheless, even a few years ago, people hesitated to speak openly about constitutional advancement or modernization, lest it be misconstrued as the voice for seeking independence.

Constitutional modernization The U.K.’s 1999 White Paper: Partnership for Progress and Prosperity, which promoted constitutional modernization for the overseas territories, helped formally launch the process of thinking and talking openly about reform and

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modernization of the Cayman Island’s 1972 constitution.

In 2007, the process of revitalizing our constitutional status as a U.K. overseas territory commenced

in earnest, sparking the broadest possible consultation. This prodded debate and discussions about what the Cayman Islands wanted in an advanced constitution and responses veered from maintaining the status quo to a few seeking full independence.

Yet the majority were solidly behind remaining a British Overseas Territory while being able to negotiate full internal self-government, as is the case in Bermuda and Gibraltar.

However, if that was not possible, Caymanians wanted to be provided the full range of constitutional options that the U.K., they believed, should legitimately offer – including maintaining the status quo, free association or independence.

The consultations included a robust public education campaign, to which the Caymanian people provided vital feedback that in turn informed the formal negotiations

during three constitutional summits.

Grand Cayman hosted the first two meetings and the final one was held in London in February 2009, between a negotiating team from the Cayman Islands, and representatives of Her Majesty’s Government.

Participants from the Cayman Islands included government and opposition Members, stakeholder groups such as non-governmental organizations, Chamber of Commerce representatives and the clergy, as well as a constitutional consultant.

The three meetings resulted in a new draft constitution which was agreed on 5 February 2009, and tabled in the Cayman Islands Legislative Assembly six days later.

A draft constitution Following further public education and discussions, the draft constitution was successfully accepted by the electorate in the

Opposite page: The Cayman crest and the Union Jack symbolize the Islands’ distinctive identity and its U.K. connection; Above: The Legislative Assembly Chamber; Left: A close-up of the Mace.

first-ever national referendum in May 2009, consolidating a role for the Caymanian people as “decision makers” in our country’s future. This referendum took place alongside the general elections.

However, since the referendum was a part of the election process, we were not able to put into practice all the changes provided by the new Constitution Order that received royal assent and was tabled in the U.K. Parliament in June 2009. We will have to wait for the next general election which comes after the

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This page:The Cayman Islands and U.K. Foreign and Commonwealth Office teams who attended the final constitutional talks in London in early February 2009 which helped formulate the new constitution.

Right: His Excellency the Governor, Mr Duncan Taylor, CBE, delivering the Throne Speech in the Legislative Assembly on 27 June 2012.

House is dissolved in March 2013 to pave the way for democratically implementing almost all the constitutional reforms.

A number of the proposals came into force in November 2009 including the swearing in of the Islands first Premier and Deputy Premier. The new Bill of Rights, Freedoms and Responsibilities took three more years to become law.

Further, provisions for separating juveniles from adult prisoners are scheduled to commence in 2013.

While we did not get everything requested, in the final analysis we obtained “a document that generally captures the country’s desired vision for democracy for the 21st century whilst preserving the Caymanian values”, as outlined in the foreword of the draft constitution.

What characterizes our constitutional status as an overseas territory and underscores our

relationship with the U.K. government is that we now have a preamble that proudly upholds our Christian heritage, abiding aspirations and values. We have for the first time a Bill of Rights, Freedoms and Responsibilities that regulates the people’s relationship with the government and provides for legal recourse against government breaches.

As the elected government now shares greater power in governing, the new constitution thus strengthens Cayman’s democracy and makes both the legislative and executive branches of government more accountable to the people.

Key features Under the new 2009 constitution, H.M. Queen Elizabeth II continues to retain ultimate executive authority as before; but the Governor, her local appointee and representative,

and the elected government share responsibility in exercising her authority in the Cayman Islands.

The Governor: The Governor retains as before powers and functions as prescribed by the constitution, by law, by assignment or by instructions from The Queen.

However, the Governor’s role is now expanded to “endeavour to act in the best interests of the Cayman Islands so far as such interests are consistent with the interests of the United Kingdom”.

The Governor appoints as the Premier the elected Member who is approved by the majority of his or her party’s elected Members in the new Legislature, or, in the absence of such a recommendation, the Member who is supported by a simple majority of the elected Members.

The Governor further appoints MLAs as Ministers on the recommendations of the Premier.

He or she assigns them ministerial responsibilities, not acting solely, as previously, but in consultation with the Premier. There is now a Financial Minister with responsibility for government finances instead of a financial secretary.

Besides the Governor, the cabinet is comprised of the Premier, the Deputy Premier and seven elected Ministers (upon the general elections in May 2013), as well as the Deputy Governor (formerly Chief Secretary) and the Attorney General, the legal adviser to government. Both the Deputy Governor and Attorney General are non-voting members.

Therefore, elected Ministers determine cabinet decisions, which is also the case in the Legislative Assembly.

If the Governor is away, the Premier presides over Cabinet and in the Premier’s absence, the Deputy Premier chairs. (However, as was

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the case with the Chief Secretary previously, the Deputy Governor is appointed to be acting Governor when the Governor is absent.)

Unlike the previous constitution, the financial secretary is no longer a member of cabinet or the Legislative Assembly, but remains the principal advisor to the Finance Minister.

Under the previous constitution, the Governor had sole power to call, set the agenda and preside over cabinet meetings. While the Governor continues to preside, now either the Governor or the Premier can call for a cabinet meeting. The agenda for such a meeting would be jointly set by the Governor and the Premier.

Additionally, the Cayman Island’s democratic government is bolstered by removing the right to vote from non-elected Members both in the Legislature and the cabinet. Equally importantly, with an elected Minister now in charge of the country’s finances, there is better accountability to the Legislature, and, ultimately, to the people.

Similarly, the Governor is now required to consult with or act upon the advice of cabinet in a number of their functions. However, there are exceptions which allow the Governor to act against such advice, if so instructed by the U.K. Secretary of State, or if the Governor deems that

the advice would adversely affect the Governor’s special role.

While the Governor continues to have sole responsibility for matters of defence and the public service, his previous sole power over the Islands’ external affairs is now shared with cabinet, particularly in matters covered under ministerial responsibilities.

These include: tourism related matters; taxation and the regulation of finance and financial services, as well as European Union matters that directly affect the Cayman Islands and matters touching other regional bodies.

Additionally, the Islands’ new constitution enables sharing of more power that was previously wielded solely by the Governor through devolving it to the people of the Islands. There are now a number of bodies and commissions established covering important aspects of civil life which comprise members of the public and officials as members, actively promoting further democratization.

Notable among these commissions is the National Security Council which advises the Governor, who heads the Council, on matters of internal security. Unless in the Governor’s opinion the advice would be detrimental to Her Majesty’s interests, the Governor is obliged,

subject to certain exceptions, to heed the council’s advice when taking action.

Other commissions now active and enhancing our democratic vigour include: the Constitutional Commission; the Commission for Standards in Public Life; the Human Rights Commission; the Advisory Committee on the Prerogative of Mercy, and the Anti-Corruption Commission. Many of our stalwart citizens are members of these commissions and are thus taking an active role in the governance of the Cayman Islands.

The Legislature: The Legislature after the May 2013 election will comprise 18 Members in comparison to 15 under the 1972 constitution.

There is also provision for more elected representatives, subject to the concurrence of the Governor and the Premier, acting on the findings of an Electoral Boundaries Commission. In addition to the Premier and Deputy Premier, the Leader of the Opposition and a new Deputy Leader of the Opposition are all constitutionally granted positions.

Unlike in the past when there were no term limits on the Leader of Government Business, the Premier will be limited to two consecutive parliamentary terms and would have to wait four years before being eligible to hold the position again.

Following a no-confidence vote against the Premier of two-thirds of the elected Members, the Governor is entitled to remove the Premier from office. Unlike the Governor, the Premier has to act always in the best interests of the Cayman Islands. So clearly, the Caymanian people’s interests are now of paramount importance and they are able to constitutionally share in their governance to a much greater extent.

A valued relationship These were sentiments that were clearly underscored in the recent communiqué issued by the Overseas Territories Joint Ministerial Council on 5 December 2012, after the annual meeting of political leaders and representatives of the United

Kingdom and Overseas Territories.

This, in turn, sums up Cayman Islands’ present relationship with the U.K. The communiqué stated: “We share a vision for the Territories as vibrant and flourishing communities, proudly retaining aspects of British identity and generating wider opportunities for their people.

“We are committed to a modern relationship based on partnership and shared values. We share a commitment to the principle and right of self-determination. The people of each Territory have the right to choose whether or not their Territory should remain a British Overseas Territory.

“Any decision to sever the constitutional link between the United Kingdom and a Territory should be on the basis of the clear and constitutionally expressed wish of the people of the Territory. We believe that the United Nations decolonization committee should delist Territories where this is their wish.

“Each Territory is unique and has its own constitution. In most Territories these have been negotiated since 1999 and reflect the wishes of the people of the Territory. We will continue work to modernize constitutions and to ensure that these operate effectively.

We will sustain a mature dialogue on constitutional issues, taking into account the expressed wishes of the people of the Territories. We encourage stronger links and more active dialogue between the United Kingdom Parliament and the national Assemblies in the Territories.

“The U.K. and Territories will seek further to raise the profile of the Territories in the United Kingdom and internationally. We welcome the recent agreement to fly the flags of the Territories on ceremonial occasions in the United Kingdom and on Territory national days.”

In essence, the Cayman Islands’ relationship with the United Kingdom and its constitutional modernization has promoted more openness and transparency, with a push towards good governance while providing more tools to practice democracy.

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COUNTING THE COSTS OF HEALTH CARE

HEALTHCARE FINANCING: QUALITY, ACCESSIBLITY AND AFFORDABILITY Paying the seemingly ever-rising cost of health care is a challenge that the Cayman Islands is facing through a variety of programmes, including the promotion of healthier lifestyles, says the Islands’ Minister.

Hon. J. Mark P. Scotland, JP, MLA, in George Town.

Mr Scotland is the Minister of Health, Environment, Youth, Sports and Culture.

An engineer, he was first elected to the Legislative Assembly in 2009 as the first elected Member for the district of Bodden Town, Grand Cayman.

Hon. J. Mark P. Scotland, JP, MLA. How societies pay for healthcare and how much resources they devote to provide healthcare, affects both the care people can get and its quality.

There are two major systems that are generally utilized by countries to pay

for healthcare – by Government or

by Market-based Systems (privatized systems).

In many developed and developing countries, healthcare is paid by the government using taxes collected from citizens. The United Kingdom, for example, has a “single-payer” system, whereby the government pays directly for the health care provided to citizens.

In other countries, for example, the United States of America, a large portion of the health care system is market-based, that is, paid for by private entities such as employers and individuals.

All countries have to make choices between how broadly to provide access to basic and advanced

care, how much to pay for healthcare and what levels of care to make available to the people.

The Cayman approach In the Cayman Islands, the two broad approaches are integrated to finance

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COUNTING THE COSTS OF HEALTH CARE

Rising health care costs are forcing the government to implement new programmes and initiatives to provide quality medical care for the Islands’ citizens.

health care. In the market-based system, care is generally delivered by private facilities including one private hospital (Chrissie Tomlinson Memorial Hospital) and a number of private healthcare practitioner’s, pharmacies, diagnostic and imaging facilities. The

services are typically paid by private health insurance companies and by and large physicians and patients have free choice to determine the care that is provided.

The government-financed system provides healthcare

services to civil servants and their dependents, civil service pnsioners, seamen and veterans, medical indigents and some elderly through a network of two hospitals (one on Grand Cayman and the other on Cayman Brac), five District Health

Centres (including Little Cayman) which are operated by the Health Services Authority (HSA). Health Insurance premiums are paid to the Cayman Islands National Insurance Company (CINICO) which serves as a Third Party Administrator (TPA)

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COUNTING THE COSTS OF HEALTH CARE

to manage the claims and level of services provided to the various

groups by the healthcare providers.

In addition, government pays the

HSA for the provision of Public Health programmes, School Health

programmes, Ambulance and Emergency Services, Mental Health Services and services provided to under -insured persons.

The government ensures that everyone living in the country has access to high level of healthcare services.

The health practice legislation requires all registered healthcare practitioners to be licensed in one of the seven countries that are recognized by the professional councils and maintain certain standards, including continuing education, to be registered to practice their profession in the Cayman Islands.

The health insurance legislation makes it mandatory for all residents to have health insurance at a minimum mandatory level, and establishes the minimum level of healthcare benefits that any health insurance company can offer to residents. In addition, it outlines the Usual, Customary and Reasonable Fees for the Cayman Islands (known as the Standard Health Insurance Fees), which are

Table one: Cayman Islands Government Healthcare Costs

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COUNTING THE COSTS OF HEALTH CARE

the minimum level of fees that health insurance companies must pay to healthcare providers for services provided to patients.

In 2003, the Cayman Islands National Insurance Company, or “CINICO”, was incorporated as a government company. Its primary purpose is to provide health insurance for the civil servants, civil service pensioners, seafarers and veterans, and the clients of the Department of Children and Family Services (“indigents”). In addition, CINICO helps to facilitate access to health insurance for three other specific populations – the elderly, the health-impaired, and the low-income who sometimes find private health insurance either unaffordable or inaccessible due to their health conditions or income level.

There is no real impediment or inequality between the government and the market-based system which results in different levels or quality of care. Patients from the market–based

system can utilize the HSA facilities and government patients utilize private practitioners’ services and facilities with the approval of the Chief Medical Officer.

Rising costs The costs of healthcare in the Cayman Islands continue to increase. (see Table 1). This is a global reality and something with which all governments around the world continue to grapple. During the 2009/10 fnancial year, the actual expenditure on healthcare was $93.4 million which represents 17.5 per cent of the national budget. During 2011/ 12, the actual expenditure was $94.9 million which represents 17.1 per cent of the national budget. In 2010/11, it was CI$90.3 million; $94.9 million in 2011-12; and an estimated expenditure of $100 million in 201213.

In 2009 private health insurance companies reported $92.5 million of

net claims incurred.

The costs for tertiary-level care provided by overseas medical facilities are particularly problematic.

Government also spends a significant amount of money on overseas medical services. It is impossible to budget properly for this expenditure because of the unpredictability of acute and catastrophic illnesses which require medical care from overseas tertiary level healthcare facilities.

Population issues Government continues to strive towards achieving the vision of “health and well-being for all in the Cayman Islands”, working to identify and implement policies and programmes aimed at improving the health and well-being of all residents of the Cayman Islands. An integral part of this is ensuring that all of our residents have access to quality, affordable healthcare. The size of our population,

approximately 55,000, provides advantages and disadvantages in this regard.

Our small population has allowed us to commence the implementation of an initiative known as the CayHealth Progamme. This programme will allow us to better monitor and ensure that medical indigents are provided with quality healthcare at the best costs. It will be accomplished by assigning each medical indigent patient to a primary healthcare physician who will follow all of their care and treatment and liaise with specialists and tertiary care services, where necessary, to ensure cost-effective outcomes.

The small population also does not allow us to provide a broad range of tertiary-level care. As a result, the government through CINICO is establishing agreements with major healthcare institutions, for example the Mayo Clinic, to help reduce costs.

Another notable initiative is the Health City – Cayman Islands which will be operational within the next 18 months.

We anticipate that many tertiarylevel services required for chronic illnesses, especially those related to the circulatory system, will be provided here in the Cayman Islands.

The Ministry of Health Strategic Plan for Health established wellness and prevention programmes as an essential ingredient for a healthy nation. Individual citizens will be encouraged and challenged to take responsibility for their own health by practicing healthy lifestyles including exercise and healthy diets. It is hoped that prevention and wellness will reduce and/or delay the onset of many chronic acute illnesses such as hypertension, diabetes and some cancers.

There will undoubtedly always be challenges to financing health care, especially as we move forward in this era of economic constraints and where resources are stretched to the limits. We must, however, continue to drive all efforts to develop a more rational, cost-effective, integrated system for our people where quality healthcare will be accessible and affordable for all.

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GENDER EQUALITY

AN OVERVIEW OF THE CAYMAN ISLANDS’ JOURNEY TO GENDER EQUALITY Despite coming from a society which was heavily dependent on its women in the absence of its seafaring men, the Cayman Islands was relatively slow to move toward the goal of gender equality. The (male) Minister of Gender says steps are being taken now to make this aspiration a reality.

Hon. Dwayne Seymour, MLA, in George Town.

Mr Seymour is the third elected Member for Bodden Town. First elected to the Legislative Assembly in 2009, he was appointed Minister for Community Affairs, Gender and Housing on 19 December 2012. This article was written with the assistance of Ms Tammy Ebanks, Senior Policy Advisor (Gender Affairs) of the Ministry of Community Affairs, Gender and Housing.

Long dubbed as “the islands that time forgot”, over the past 50 years the Cayman Islands have progressed from a sleepy fishing and farming village culture to being ranked as the fifth largest financial centre in the world and having the highest standard of living in the Caribbean region at various points in time. From the 1940s, Caymanian men earned an international reputation of being proficient and dependable seamen, and nearly two-thirds of the adult male population had left the Islands for various stints either for active service in the Second World War or to earn a living as merchant marines.

With so many men away at sea, Caymanian women stepped up to the plate to keep their homes and communities running efficiently.

Without modern-day equipment or luxuries to which we are now accustomed, “they hauled water,

Hon. Dwayne Seymour, MLA.

tended livestock and made much of the clothing their families wore.”

These Caymanian women of yesteryear are fondly recalled in our history as strong women who fed their families by catching fish and cultivating the ground; instilled in their children the importance of getting an education that they themselves did not have access to, and cared for their

communities by delivering babies and tending to the sick and dying when there were no medical services and facilities.

While we look back at this era in our history with much pride and respect for these robust spirited women, it becomes obvious that despite the efforts that have been made towards gender equality Caymanian women are still challenged by the gender gaps that exist, especially in the political arena.

Caymanian women demand the right to vote One of the first major advances towards gender equality documented in the Cayman Islands was a letter written to Commissioner Ivor Otterbein Smith that declared, “It is our intention to exercise our Constitutional Right to vote today, August 19th, 1948, according to

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Opposite page: The path to gender equality has been rocky despite a seafaring history which left community development to women; This page: Caymanian women still face challenges in the gender gap when it comes to the political arena.

our conscience, in the Election of Vestrymen for the District of George Town.”

Signed by 24 female George Town residents, the letter also

demanded that the government give them a just reason if they were denied the right to vote. According to the history book Founded Upon the Seas, ‘there is no record of the

Commissioner’s response” and despite the strong language of the letter, the government seemingly successfully ignored their request for equal political participation, and no

women actually voted in the 1948 general election.

Interestingly, while Jamaica received a new constitution in 1944 which provided for universal adult suffrage, this human right was not afforded to Caymanian women despite being governed by Jamaica at that time because Cayman did not have a constitution. Former George Town MLA Lucille Seymour, BEM, JP, recalls: “The outside world and its changing attitude continued creeping into the Islands and women learned of the feminist movement abroad by listening to the BBC radio broadcasts and Jamaican radio stations.” Undeterred by the brush-off by the government nine years before, the surge of women who demanded from the Assembly of Justices and Vestry the right to vote expanded to 358 women. This 1957 petition to participate in the country’s political process was not being made just by the women of the capital district this time but by women who represented seven districts across Grand Cayman.

One of the signatories of the 1957 petition was Mrs Sybil McLaughlin, MBE, JP, the second Cayman Islands National Hero and first Caymanian Speaker of the Legislative Assembly. Mrs McLaughlin recalls,: “Many of the Vestrymen at the time just didn’t think politics was the place for women, and I think the men really thought they would be in charge forever. Even I wasn’t sure by signing it a change would actually happen.” When she was appointed as the Clerk of the Legislative Assembly (LA) in 1959, Mrs McLaughlin became the first woman in the Commonwealth to hold this position.

Nearly a year after the 1957 petition was submitted to the Assembly, 10 men from George Town nominated,Mrs. Ena Watler to stand in the upcoming elections.

Her nomination was denied by Commissioner Smith based on the Attorney General’s legal opinion that women did not have the right to vote nor stand for public office as there would need to be amendments made to the law. This was not welcomed

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The monument erected on National Heroes Day to commemorate the passing of legislation enabling women to vote.

news to the women who had been advocating for their political rights, and accordingly they held a demonstration before the 1958 election.

Despite it being a time-consuming process with several barricades and bumps in the road, things did change for the women of the Cayman Islands, and with the passage of the Sex Disqualification (Removal) Law on 8 December 1958, universal suffrage was obtained. Caymanian women were finally able to participate in the electoral process for the first time in September 1959. Soon afterwards,

Ms Mary Evelyn Wood of Bodden Town became the first women to successfully be elected into the LA in 1962.

Nearly 50 years later, the government formally recognized the importance of passing legislation to allow women the right to vote and hold public office by erecting a monument on National Heroes Day 2009. Located in Heroes Square across from the LA, the statue named Aspiration features two women, one young and one older, climbing stairs.

The younger woman, holding the

world in her hands, is at the top of the stairs looking forward as the older woman watches her ascend towards gender equality. Alongside the monument is a wall inscribed with the names of the more than 300 women who signed the 1957 petition.

Promoting gender equality Once the closed doors of public office were opened to women, they began emerging in not only in the political arena but in other areas and in positions that were historically maledominated. By the 1980s and 1990s

it was no longer extraordinary for women to run for elections or to hold senior positions in the civil service. The issue of promoting gender equality and voicing concern for the status of women in Cayman was in fact raised again in 1995 by two female Members of the Legislative Assembly.

Mrs Edna Moyle, OBE, JP, the then elected Member for North Side, moved Private Member’s Motion 1/95 that was seconded by Mrs. Berna Thompson Murphy, MBE, who was then the third elected Member for George Town. The motion

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“resolved that government give early consideration to the establishment of an office for Women’s Affairs”, in essence marked the turning point in which women’s affairs was included as a subject area of government responsibility.

While the impetus for the motion was reflective of trying to improve the status of women around areas of legislation, health and safety, there was also an acknowledgement in the discussions that Cayman was lagging behind in the area of women’s empowerment and gender equality.

At the Fourth World Conference of Women in Beijing in 1995, the Cayman Islands remained the only dependent territory not involved or included among the English-speaking Caribbean country presentations.

With the motion receiving unanimous support in the Legislative Assembly, Women’s Affairs was added as a ministerial responsibility.

“The mandate of the responsible ministry was to address issues specific to women in society relating to their social, economic and general welfare.” A consultant was commissioned to “provide initial guidance and advice on establishing a focal point within the government structure which would ensure the greater participation of women in the development of their country.”

Instead of creating an Office of Women’s Affairs or a Women’s Bureaux as was the norm in other Caribbean countries, the government decided to establish a Women’s Resource Centre which was one of the recommendations of the consultancy report. In 1997, the Women’s Resource Centre was opened parttime and staffed by dedicated volunteers, and a year later a full-time staff member was appointed.

In 2000, the Cayman Islands began embarking into uncharted territory when the government commissioned the production of a national gender policy. A research and development team was appointed, along with two external advisors, to create a policy document in which the inequities between men and women could be identified and addressed. With no model to guide the process, the gender policy document was no small undertaking as Cayman was the first country in the Caribbean region to develop such a policy document which examined gender relations and not just the status of women in isolation. With the goal of improving gender awareness among policy-makers, planners, implementers and the general public, the National Policy on Gender Equity and Equality was finally accepted by the LA in July 2004.

Legislative research began in 2007 for anti-discrimination legislation that would uphold the principles of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In September 2011, the Gender Equality Bill was passed in the LA. This progressive legislation for the Cayman Islands now provides protection from gender discrimination in employment, training, hiring and the provision of goods, facilities and services. It prohibits discrimination on the grounds of sex, gender, marital status and pregnancy, stipulates equal pay for work of equal value and prohibits sexual harassment in the workplace. A five-person Gender Equality Tribunal has been established and appointed by cabinet to hear and determine complaints brought forward under this law.

While one of the main objectives of this law is to address and redress the inequalities that many women face, it is also paving the way to ensure that, in the future, there are equal opportunities for our sons and daughters. As a result of the Gender Equality Law, the ministry responsible for Gender Affairs has embarked on public education campaigns not only to educate about the law but to also promote gender equality and diversity in the workplace which international research has shown makes economic sense (www. genderequality.gov.ky).

Future plans to advance women towards equality At the present time, the only British Overseas Territories in the Caribbean that have CEDAW extended to them are the British Virgin Islands and Turks and Caicos Islands. Government has consistently expressed its willingness to take the necessary steps for CEDAW to be extended, and in 2012, a review of our legislation was funded through the Commonwealth Foundation’s Building Human Rights Capacity in the Overseas Territories Project. The final report indicated that there appeared to be no direct forms of discrimination based on gender in the laws of the Cayman Islands

that would prevent the extension of CEDAW. My ministry is now in the final stages of the necessary steps to request the extension of CEDAW. In the Cayman Islands’ Plan of Action for Extending and Implementing CEDAW, one of the action steps is the implementation of political training for women who wish to engage in the political arena. While many countries have witnessed an increased number of females in the political arena, the Cayman Islands has actually experienced a recent decline in the number of successful female politicians.

In past elections, female politicians normally obtained 20 per cent or three of the 15 seats in the LA, and one of the five cabinet Ministers has tended to be a woman. However, the last election of 2009 resulted in only one female politician, Premier Hon. Juliana O’Connor-Connolly, JP, obtaining a seat. No stranger to being a “first”, Ms. O’Connor-Connolly was the first female Minister appointed in 1997, and with the new constitution, she became the first female Deputy Premier in 2009. As of December 2012, she now has the distinction of being the first female Premier.

While the women who signed the 1948 and 1957 petitions for the right to vote and hold public office would have probably never imagined a female Premier in their lifetimes, their actions did make it possible for the success of the many females who engage in political life and public service.

With one step forward and sometimes two steps back, the dance of gender equality in the political arena is seemingly one of the most challenging areas to invoke consistent positive changes.

Nevertheless, it is owed not only to the Caymanian women of yesteryear but to future generations of Caymanians to create an enabling environment that will not only benefit our sons but also our daughters so they are able to live up to the Aspiration Statue and have equal representation at the highest level of decision-making in the Cayman Islands.

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CLIMATE CHANGE

CURBING CLIMATE CHANGE IN THE CAYMAN ISLANDS Climate change, sea level rise and hurricanes are having an adverse effect on the local marine life as well as the flora and fauna of the Cayman Islands. The government’s environmental programmes seek to protect these valuable yet vulnerable natural resources, says the Premier of the Cayman Islands.

Hon. Juliana O’Connor-Connolly, JP, MLA, in George Town.

Ms O’Connor-Connolly is the Premier of the Cayman Islands. She was Speaker from 2001 to 2003 and Minister for Planning, Communications, District Administration and Information Technology from 2003 to 2005. She was a founding member of the United Democratic Party.

Premier Hon. Juliana O’ConnorConnolly, JP, MLA. Concern over climate change in the Cayman Islands has focused on four particular issues. These include: higher temperatures year-round, a perceived divergence between the

severity of periods of drought and heavier as well as longer periods of rainfall, an apparent increase in hurricane season activity, and finally a coastline that can appear to be in perpetual motion.

Each of these events appear to have taken on a life of its own outside the context of global warming, along with the debate surrounding the impact development has had on local marine and terrestrial flora and fauna. Yet thanks to the work of the Department of Environment, other technical agencies and the support of the United Kingdom Government, we hope to soon have a national strategy for coping with these and other issues generated by climate change.

The cost of a ‘head-buried-in-thesand approach’ are already evident, with a reduction in the number of days cruise ships are unable to dock in our only port, coupled with the limited number of conducted tours of the North Sound that is the home to much of our marine life.

Climate Change Like its neighbouring small island developing states the Cayman Islands are vulnerable to a variety of weatherrelated natural hazards due to its small size, small population, high reliance on imports, and an economy that is reliant on tourism and financial services, and hence dependent on external markets. The Cayman Islands also

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Cayman Islands’ Seven Mile Beach

“...the Cayman Islands are vulnerable to a variety of weatherrelated natural hazards due to its small size... and independence on external markets.” face the added vulnerability of being the most remote islands in the region. Global climate change is thus expected to compound and exacerbate this inherent vulnerability.

The temperature has risen by two degrees Celsius in the region since the 1950s, with the days becoming hotter, and the cool nights becoming less frequent. The resulting extreme temperatures are stressful to humans, animals and plants causing more frequent outbreaks of pest infestation on the land as well as more prevalent coral bleaching in the water. Meanwhile the northern Caribbean is also becoming wetter, as we experience more heavy rainfall events and a decline in the number of consecutive dry days.

Sea Level Rises Sea level rises exacerbates coastal erosion. In the Caribbean, sea level

rises have historically been slightly behind other areas. Yet between 1990 and 2080 it is expected to be near the global mean. This is of course a timeframe that we have already entered.

This has potentially serious implications for the Cayman Islands.

Our beaches are for the most part long narrow strips of glittering white sand to which visitors and residents are irresistibly drawn towards. With each storm season the shape of these beaches noticeably narrow, and in some cases the beach may regain its width in a subsequent storm, whereas other times the sand is lost and never returns.

Illustrating the potential impact

of beach erosion the green paper Climate Change Issues in the Cayman Islands described the changes that occurred in the Boggy Sand area in the District of West Bay, which sits at the northern end of Seven-Mile-Beach. “Sixty years ago the coastline in this area supported a church, school, market building and slipway, among other things, on land that no longer exists. Nor’westers, though destructive in terms of wave impact, facilitates replenishment of beach resources at the north end of the beach which are moved southward.

The beach is relatively stable if opposing sand transport systems remain in balance. However in recent

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Left to right: The Islands’ size makes it vulnerable to weather-related natural hazards such as hurricanes, while climate change also poses a threat to its coral reefs and the Islands’ mangroves.

years, strong Nor’westers have been visibly absent and unusually high tides combined with more southerly winds toward the tail end of hurricane season have favoured conditions for erosion.” (McKenzie-Hurlston, et. al., 2011,57) It is chilling to consider the social and economic implications of another loss of this scale of beachfront property, the most valuable commodity in the Cayman Islands, particularly given the highly developed state of such sites.

At the same time a continuing rise in the sea level has equally traumatic implications for another vital natural resource, the remaining freshwater lenses in the Islands. The loss of this resource has implications for human consumption, agriculture and biodiversity.

Hurricane preparation Perhaps the most potent

manifestation of the changes that the Caribbean climate has been experiencing is in changes to its annual hurricane season. Since 1995, there have been an above average total number of hurricanes in all but two hurricane seasons. In addition the number of storms reaching category four and five has increased globally since 1970.

It is now almost a decade since Hurricane Ivan struck Grand Cayman in September 2004 and approximately five years since the late season Hurricane Paloma struck Cayman Brac and Little Cayman in November 2008. The fact that we have for so long escaped the fate of our neighbours – who in any hurricane season might be battered by numerous severe storms within a space of weeks – is a matter of geographical chance. However, the odds stacking up against us as a result of climate change appears

indisputable. Yet this is an area in which we cannot afford to press our luck.

In the Caribbean there has been a change in the pattern of hurricane development with hurricanes forming later in the season in the Western Caribbean and moving eastward.

Notably storms, many of which can reach category 5, are forming just to the south and west of the Cayman Islands then tracking north and northeasterly to threaten us.

Given the projected increase in storm intensity, storm surge and sea level, we face the very real possibility of correspondingly severe flooding and coastal erosion. More intense hurricanes also have implications for the sand budget which relies on the contribution of coral reefs.

To mitigate these concerns a number of legislative and regulatory changes have been proposed including updates to the Development

and Planning Regulations and related processes. Other possible solutions presently being considered include the establishment of coastal construction setbacks, flood risk mapping, the creation of vegetated buffer zones, and storm-water runoff control, promotion of adequate property insurance for homeowners but also for critical infrastructure, climate-proofing waste management sites etc. Emphasis is also being placed on ensuring that all critical services are disaster ready (Cayman Islands Policy on Climate Change, 2011).

Environmental protection Coral reefs It is undeniable that the natural marine environment of the Caribbean is worth billions of dollars to its economy.

The Cayman Islands is no exception to this rule.

The phenomenon of climate

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change poses a number of threats to our coral reefs perhaps most notably coral bleaching, which is the result of the sensitivity of most coral species to sea temperature changes.

Minor bleaching events have been recorded in the warmer summers with increasing frequency during the last decade. During the mass (worldwide) coral bleaching event of 1998, the rise above mean monthly temperatures affected roughly 90 per cent of all corals on Grand Cayman.

Research into the role of hurricanes in the long-term decline of Caribbean coral reefs has found significant damage to coral cover the year after an event. More frequent or stronger hurricanes would reduce the ability of reefs to recover after each successive event. Such an outcome would also have a knock on implications for fisheries, dive tourism, beach assets and shoreline protection.

Emerging science on the ocean acidification reveals that it is yet another threat to coral reefs.

Acidification is caused when the ocean water absorbs carbon dioxide from the atmosphere Mangroves Porous barriers that have historically policed the boundary between the land and the sea, the Cayman Islands mangrove population will be challenged to keep pace with and adapt to rising sea levels. More severe storm surges have the potential to drown the mangroves. In some cases new coastal roads impede natural drainage. As mangroves become compromised, it is very likely that the islands’ shifting coastline will experience more pressure.

To protect these invaluable resources, consideration is being given to expanding mangrove replanting programmes, in

conjunction with a review of mangrove high water mark delimitation, or with provision that replanted mangroves are not to subsequently be developed (Cayman Islands Policy on Climate Change, 2011).

Wetlands On Grand Cayman, development in low-lying areas has already significantly reduced the wetlands habitat with consequences for the plants and wildlife usually found there.

A possible solution that has been mooted is for new developments in such areas to retain a percentage of in-situ wetland, particularly freshwater habitats. This may be accomplished through incorporation as landscape features and public amenities. New developments might also be required to keep impervious surfaces to a minimum (Cayman Islands Policy on Climate Change, 2011).

Accordingly the government will continue to work on identifying and cataloging all native flora present in the Islands to ensure the resiliency of these ecosystems and species to climate shocks and human stressors.

The government is also considering updating plant quarantine laws.

While the Cayman Islands is all too aware of the likely impact of climate change, it is the government’s responsibility to take the necessary steps to protect it against such outcomes.

The present government has presented a draft National Conservation Law which will address some of the issues.

There is no doubt that once national legislation and policy are in place, the government and the people will be able to celebrate that they helped to secure the future of their beautiful Islands for future generations.

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TALKING TOURISM

FROM STRESS TO SUCCESS The Cayman Islands overcame the global economic crisis to record its best tourism results in over a decade. The Islands’ Tourism Minister describes how this key sector of the economy was able to perform so effectively.

Hon. Cline Glidden, MLA, in Grand Cayman.

Mr Glidden was first elected to the Legislative Assembly in 2000 and represents the district of West Bay, Grand Cayman. He was Deputy Speaker from 2005 until December 2012 when he was appointed as Minister of Tourism and Development.

The Cayman Islands Department of Tourism recently announced that its tourism arrivals for 2012 had exceeded all expectations. It confirmed that our tiny trio of islands had registered the highest number of stay-over visitors in 11 years.

Moreover, air arrivals for the month of December were the highest of any December recorded in the past 12 years.

Conveniently located in the Western Caribbean and just 500 miles from Miami, the Cayman Islands are a popular stop for cruise lines. At the height of the season, up to six ships a day deliver curious passengers to the Islands’ shores, expanding visitor arrivals to a combined total of over 1.8 million sun-seeking tourists who visit the destination annually.

Globally renowned as a leading

international financial services centre, the Cayman Islands are home to more than 80 per cent of the world’s hedge funds and a plethora of the largest international banks and leading financial organizations.

With a total land mass of about 100 square miles – made up of Grand Cayman, Cayman Brac and Little Cayman – the Islands’ credentials as a tourist destination were established back in the 1950s by divers attracted to its underwater wonders. Today, the Cayman Islands are rated among the top five diving destinations in the world.

Nearly a knockout blow Like many of its Caribbean counterparts, the tourism sector is a significant contributor to the Cayman Islands’ economy and plays an important role in the generation

Hon. Cline Glidden, MLA.

of employment opportunities. With finance and tourism being the two main pillars of the economy, the Cayman Islands were effectively hit with a double whammy by the global recession and financial crisis that first unfolded in late 2008.

What began as a sub-prime crisis in the United States housing

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The Seven Mile Beach on Grand Cayman continues to attract tourists to its shores.

mortgage sector, quickly turned into a banking catastrophe which ballooned into a full blown, global economic crisis. As the effects of the meltdown reverberated around the world and major financial centres reeled from the suddenness and severity of the unexpected calamity, the Cayman Islands economy was thrown into a tailspin.

How then did this small Island state effectively overcome the odds to record its best results in over a decade? To answer this question it is necessary to take a cursory look back over the economic landscape and to chart the course from the onset of the global meltdown.

At the end of 2008, the U.S.A., which is the mainstay of the Cayman Islands tourism market, began experiencing rapidly rising unemployment while consumer

confidence simultaneously plummeted to all-time lows. As concerned consumers tightened their belts in response to the uncertainties of the economic crisis, vacations were sacrificed and persons who were still travelling were doing so on the spur of the moment rather than booking three to six months in advance, as was the norm.

By mid-2009 as the recession continued to tighten its grip, competition between destinations became fiercer and deeply discounted rates were offered to consumers to sweeten the deal and influence bookings. Finally, in the face of unrelenting reports of continued adversity, the Caribbean Tourism Organization predicted that tourism in the Caribbean region would decrease by 30 per cent.

Prior to the slump in 2008, air

arrivals into the Cayman Islands showed steady growth, topping out at 302,000 at the end of the year. By the end of 2009, as the recession hit harder, air arrivals had declined by 10.26 per cent to 271,000 and it was apparent that if left unchecked, visitor arrivals in 2010 would unquestionably register a further shortfall.

Moving quickly Faced with steep declines in much-needed revenue and direct investment, the Cayman Islands government was challenged to consider solutions to mitigate the effects of the economic tsunami that was already wreaking havoc at a local level causing the price of fuel and commodities to rise to unprecedented levels, which in turn had a negative knock-on effect on every other aspect of daily life.

Like any successful brand in the face of adversity, the Cayman Islands were forced to take serious stock of its tourism product in order to remain competitive among other warm-weather hot spots within the Caribbean and beyond. As other up-and-coming destinations jostled for a piece of the tourism pie, and consumers increasingly demanded more from their prized few weeks of vacation time, the Cayman Islands Department of Tourism focused its attention on driving visitation to achieve 300,000 visitors in the upcoming calendar year.

Given that the Department of Tourism is responsible for the strategic planning, marketing and general destination management of the Islands’ tourism industry, it quickly responded to the external threats.

By realigning its strategic objectives

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Left: The government has worked with its airline to support and in turn boost the tourism industry; Right: Swimming with stingrays is a poplar tourist attraction.

and implementing a range of tactics to augment the destinations appeal to prospective travellers, it set a new course to compete more effectively in the ever-changing tourism landscape and win a greater share of the diminishing market.

To combat the effects of the slump, the Cayman Islands were aggressively marketed to families in particular, and its diverse range of accommodations – from hotels to condos to small vacation rentals – were highlighted to provide costeffective alternatives to suit every budget. The Cayman Islands was determined to stay the course and marketing messages highlighting value for money were constantly reiterated to resonate with smart and sophisticated travellers.

Working with airlines The Department of Tourism and the Islands’ national airline, Cayman Airways, strategically collaborated and bold and proactive steps were taken to realign objectives and deploy the airline to support the tourism sector. While each organization has a unique business purpose with its own set of goals and objectives, the working relationship between the two entities successfully advanced and strengthened. To boost existing

capacity out of the United States, the airline resumed its twice-weekly service to Chicago’s O’Hare airport, and began operating a twice-weekly service from Washington, D.C. The new services provided travellers from the northeastern region of the U.S. with an alternative option to the existing service out of New York City’s JFK airport, and the Chicago flight offered new possibilities for visitors from the American midwest.

In addition to the new Cayman Airways flights, Delta Airlines and WestJet also began offering services into Grand Cayman. Delta introduced a weekly non-stop service from JFK which was timed to support European connections and WestJet introduced three flights a week from Toronto.

This additional airlift was tantamount to being a vote of confidence in the Cayman Islands by some of the world‘s leading airlines and during 2010, United Airlines announced that it too would be introducing service from Washington, D.C., adding a welcomed boost to seating capacity in the first quarter of 2011.

The combined new routes paid dividends and the inherent competition helped to drive prices down during the all-important winter season. As yields continued to hold

steady, additional airlines joined the fray and in the winter of 2012 JetBlue introduced a bi-weekly service from New York’s JFK and a weekly service from Boston’s Logan Airport.

Out of the cold To achieve the lofty visitation goals outlined in its strategic objectives, the Department of Tourism continued in the spirit of collaboration and worked closely with private sector partners such as the Cayman Islands Tourism Association (CITA) and other industry partners, to offer short-term, tactical promotions, designed to increase arrivals, while also supporting local businesses and service providers.

The results-driven approach delivered tactical campaigns like “Get Warm” which was timed to catch the attention of northern consumers at the height of the winter season.

Designed for the cold weather U.S. states and Canada, the campaign targeted consumers who had simply had enough of “Old Man Winter” and were ready to push the escape button to a warm and inviting tropical paradise.

Through the use of interactive social media channels, consumers were encouraged to submit compelling stories, photos and video illustrating how cold it was in their

hometown via a website that offered incentives for visiting the Cayman Islands. Although winter is typically a strong season for the Cayman Islands, the campaign happened to coincide with what was at the time, one of the worst winters on record, earning the Cayman Islands a slamdunk in terms of increased visitation during the promotional period.

Public relations Outside of marketing promotions, keeping the Cayman Islands at the forefront of consumers’ minds required a comprehensive public relations strategy to turn up the volume on destination awareness and create a myriad of opportunities to bring news of key promotions to audiences internationally.

Who could forget the sinking of the Kittiwake – the decommissioned Second World War submarine rescue ship whose final mission was the recovery of the Challenger Space Shuttle disaster – that was scuttled in January 2010 off Grand Cayman’s Seven Mile Beach? The sinking marked the first and only time that a United States Maritime Administration (U.S. MARAD) ship had been donated to a foreign government for the creation of an artificial reef to preserve the marine environment.

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It received unprecedented media coverage and brought the Cayman Islands into the living rooms of millions of viewers across the globe. In the U.S.A. alone, coverage reached an audience of millions and in financial terms was worth more than U.S.$2.3 million.

With ever-decreasing budgets the reliance on articles and features to keep news about the Cayman Islands constantly circulating increased exponentially and the need for innovative PR became amplified.

By way of response, the Cayman Islands once again hit the ball out of the park by becoming the first and only destination in the Caribbean to partner with National Geographic to host their Kids Explorers Programme and, once again, the resulting coverage reverberated across the globe.

Infrastructure and incentives Against this backdrop and the challenges of 2009, the tourism industry slowly started to take a leap forward. Prior to the full force of the economic downturn being felt, the Cayman Islands government had already recognized the need to cultivate new business and enhance the existing tourism product to drive future visitation.

Understanding that continual development is the key to sustainability, the government heavily pursued opportunities to underpin the integrated expansion of the tourism sector. In an effort to encourage hotel and resort development, the government introduced a myriad of incentives for investors, paving the way for new initiatives such as an economic trade zone (Cayman Enterprise City), and a state-of-theart hospital facility to catapult the Cayman Islands tourism product to unprecedented new heights.

Strategically expanding into nontraditional areas such as medical tourism is a deliberate attempt on the government’s part to provide a measure of resilience to the allimportant second pillar of its economy, which has incidentally been frequently impacted by external forces beyond its control.

Since 2008, for example, in addition to facing the brunt of the global economic crisis, the industry also suffered repercussions from the H1N1 virus, the volcanic ash cloud and hurricane’s Paloma and Sandy, all of which adversely affected visitor arrivals.

Going green Still with a focus on sustainability and an eye on the growing cadre of eco-conscious travellers, the Cayman Islands decided to make strides towards becoming a greener destination. Through a unique public/ private sector partnership, its Queen Elizabeth II Botanic Park is the only botanic park in the Caribbean to attain Green Globe certification, and several hotels and tourism attractions have picked up the mantle, leading the charge to strengthen the destination’s green credentials.

Given that Green Globe certification is highly regarded throughout the travel and tourism industry as demonstrating a commitment to improving environmental efficiency and performance, as more of the destinations accommodations and attractions attain Green Globe certification, it is the government’s

hope that in addition to being known for its exemplary marine conservation and preservation practices, the Cayman Islands will also be recognized for its commitment to sustainable development.

Faced with the climate of fierce competition from up-and-coming destinations like China, India, Latin America and the Gulf States, the playing field for warm-weather destinations is tougher than ever before.

Although the Cayman Islands continues to successfully attract travellers to the wealth and glamour of its famed Seven Mile Beach, and offers visitors a sophisticated range of hotel, cuisine and entertainment experiences that are unmatched across the region, its competitors continue to come out swinging, offering inducements such as free airfare and resort credits and tailored itineraries that focus on the individual.

The high value of Caymankind While the industry as a whole is reportedly seeing a small upsurge in arrivals, travel patterns which contracted as a result of the worldwide financial woes have still not returned to pre-2009 levels. Moreover, due to the deep discounting that was borne of necessity to combat the recession, the persistent expectation among travellers is that prices should remain artificially low in order to be attractive.

Notwithstanding, with consumers researching more, spending smarter and demanding more value for money, the Islands’ overarching goal is to make the most of its competitive advantages, and seize upon every viable opportunity to promote the Cayman Islands not just as a highervalue destination but also as one that delivers on the higher-value expectations of its visitors.

In keeping with the belief that delivery of excellence is intrinsic to perceived value, in 2011 the Department of Tourism unveiled its new brand identity called “Caymankind” which refers not just to the three islands of Cayman, but encompasses everything that makes

the Cayman Islands unique – from the friendliness of its people, to its rich cultural heritage and its cosmopolitan style, stunning natural beauty and the warmest of welcomes which its extends to all who visit its shores.

Already an internationally acclaimed Silver Adrian Awardwinning campaign for international sales and marketing, “Caymankind” is in part the embodiment of Random Acts of Kindness, which coincidentally ranked #1 of the top 10 most crucial consumer trends for 2011 (according to Trendwatching.com).

Out of adversity…

In the final analysis, there can be little doubt that the global economic crisis will be recorded in the annuals of history as one of the darkest and most challenging periods in the collective history of the world. However, as with all challenges, adversity often brings opportunity and the Cayman Islands impressive 2012 year-end results – achieved while its primary source markets in the United States, Canada, the United Kingdom and Europe were all experiencing tough economic conditions – are nothing short of astounding.

Coupled with the fact that the Cayman Islands are one of only a handful of Caribbean countries to register such positive increases in air arrivals from 2010 to 2012 respectively, the results clearly demonstrate that its tourism sector is not only surviving but thriving.

The Cayman Islands government remains committed to supporting the tourism sector as it regains its former strength and continues to play a pivotal role in supporting the revival of the local economy. It is also staunch in its belief that the key to the sector’s future success relies on the collaborative and productive partnerships that have been established with the private sector, fostering innovation in order to adapt and grow market share.

More interestingly, perhaps, it also lies in the hands of the Cayman Islands’ people and our natural inclination to extend Caymankindness to all who visit our shores.

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A BRIEF HISTORY OF THE CAYMAN ISLANDS The people of the Cayman Islands have developed a strong economy, world-class social systems and a global outlook true to their seafaring history.

Hon. Mary J. Lawrence, MBE, JP, in George Town.

Ms Lawrence is the Speaker of the Cayman Islands Legislative Assembly.

The Cayman Islands are three small islands located in the western Caribbean approximately 150 miles south of Cuba and 240 miles west of Jamaica. The Islands became a British Crown colony constitutionally in 1962 when Jamaica, to which it had been formally annexed in 1863, became an independent nation.

The Cayman Islands Legislature is modelled on the Westminster form of government. It has a British Governor as the Queen’s Representative, a cabinet and a Legislative Assembly whose 15 Members, including the five who serve as Ministers in the cabinet, are elected as district representatives by their people in general elections held every four years.

The cabinet is led by a Premier and the Legislative Assembly is presided over by a Speaker.

The one-Chamber House is required by the constitution to hold at least one session a year. Over the years its meetings have been carried verbatim by radio and in December 2012 the Legislative Assembly began live television broadcasting of its sittings.

In keeping with the new Constitution Order granted in 2009, the current elected membership of 15 legislators will be increased by three Members in the general elections scheduled for 22 May 2013.

Seven of these will serve as Ministers in the cabinet led by the Premier.

Economic strength The Islanders are proud of the fact that they have never been grantaided from the United Kingdom government, and indeed have enjoyed economic independence throughout their history.

Though battered in the last

decade by two major hurricanes and the effects of the global financial crisis, as well as its undertaking of a massive infrastructural development programme, the Islands have still managed to maintain a stable economy and continue to attract growth and development.

The country has, as its economic pillars, a thriving tourism industry and a well-regulated financial industry, both based on legislation which was introduced in the late 1960s, and updated and developed over the years to meet the changing times and the intense scrutiny of the world.

It has a small resident population of 55,000, half of which are

Caymanian. The other half is made up of 135 nationalities who are employed in its two major industries and their supporting infrastructure and businesses.

Integrated population and global vision Caymanians contend theirs is probably the only country in the world where true integration has taken place, and the harmony in their society is a major factor in the tremendous growth which it has experienced over the last half-century.

This atmosphere is due in large part to its people who traversed the world as seamen to earn a living

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Opposite page: The Cayman Islands relies on its thriving tourism industry to bolster its economy; This page: Schools offer British, American and Caribbean education systems.

prior to its present development, and earned a reputation not just for their performance, but for their ability to integrate and work in harmony with those they met, wherever they went.

Though isolated in the past for centuries, they are serviced today by most several airlines which, together with a daily arrival of cruise ships, bring over 1.5 million visitors annually to their shores. A technological network provides its residents and businesses with instant contact to the outside world.

The islands also have their own national airline which it began developing in the 1960s and which has proven vital to its overall growth. It

has a strong currency of its own which it introduced on 1 May 1972.

A wide sporting programme receives strong support from both the government and the private sector and in the 2012 Olympics, the country was proud to have five athletes qualify and participate in major sporting events.

Teams from primary schools and high schools travel abroad to compete in other countries on a regular basis.

Advanced education and medical care Education is compulsory in the Cayman Islands and is available to all. Schools offer the British,

American and Caribbean systems from kindergarten through tertiary education, both in well-established private primary and secondary schools operated mainly by its churches and in a public education system which is funded by its government and is constantly being upgraded to meet the country’s growing demands.

In addition, a generous scholarship programme funds tertiary education for students who wish to study abroad in the country of their choice, adding a global dimension to the development of its people.

The Islands have a medical college and a law school in addition

to a small private college based on the American system. A governmentowned University College offers a wide variety of technical courses as well as a degree programme, and also maintains a distance-learning link with the University of the West Indies. Housed on its campus is one of the most powerful telescopes in the region, adding in recent times a new dimension of study and research.

High-quality medical services are provided through its governmentowned and operated General Hospital and district clinics, as well as a small private hospital and numerous private-doctor-operated medical clinics.

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For care not available on-island, the government maintains links with major hospitals in the U.S.A. to which patients are sent for additional diagnosis and care, or trauma injury, by air ambulances or regular airline services.

The medical services is underpinned by compulsory health insurance with the government operating its own insurance company for coverage of its civil service and other government-owned companies, indigents, seamen, veterans and those deemed to be uninsurable by the privately-operated companies.

A new privately-owned medical facility is currently in the early stages of construction, and when completed will focus on making the Islands a major centre of specialized care in the region, expanding its economic base to include medical tourism.

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Social development Throughout its history, the Islands’ inhospitable terrain did not lend itself to agriculture on a commercial scale. But the recent advent of technology has brought about a tremendous increase in small farming enterprises as well as home gardens.

Fruit and vegetables and some livestock have flourished in recent times and hold promise for increase in the future as farmers and householders work at cutting their personal cost of living, and the community’s level of awareness of the need for naturally-grown produce is given greater emphasis.

The islands’ law courts presided over by a Chief Justice, enjoy an impeccable reputation both locally and in the international judicial world.

A series of primary courts presided

over by magistrates and Grand Courts presided over by eminent Justices take care of court-appointed matters on a daily basis.

The Islands have their own Appeal Court made up of a panel of judges appointed from abroad; but final challenges are taken to the Privy Council in London for decision.

The country has a well-equipped police service of approximately 450 officers with special constabulary support.

Aid and support services are provided to those in need through a broad-based social and family service programme which operates under the Department of Children and Family Services.

These are supplemented by civic and church organizations and the national Council of Voluntary Organizations.

Smaller islands Despite their small size, administration of the territory is carried out on each island, with special concessions for Cayman Brac and Little Cayman in terms of fees and government-imposed sources of revenue.

Cayman Brac has its own hospital, primary schools and high school, and District Administration which encompasses replicas of all the several branches of government service.

A small education unit is also provided for Little Cayman.

Led by its people A big factor in the Cayman Islands’ development has been its churches which do not just provide moral and spiritual guidance, but also partner

with the government and the community in providing muchneeded social services across the broad spectrum of the community.

The Islands’ government enjoys a good working relationship with the business community which is often consulted in the development of new financial legislation and revenue sources, and has contributed extensively to the development of the arts and non-government agencies.

In a century, the Cayman Islands have moved from “the islands time forgot” to the “fortunate islands” in the 1970s to a premier destination in the 21st century, offering worldclass service and a standard of living second to none in the region, one which in no small part owes its genesis and development to the unique qualities of its people.

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Fisheye capture of the sea and distinctive lava-like rocks on Grand Cayman Island.

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