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The Editor Speaks: Are we going to take notice of Commissioners’ Report?

Colin WilsonwebIt is often the norm to eagerly await the production of a report, government ministers to laud the recommendations, appoint a committee to discuss further, allow time to pass by, and then forget all about it.

We have had three prison reports on the conditions at Northward Prison, all have made similar recommendations including describing the conditions there as appalling, all have been applauded, all have had committees formed, and have gathered dust.

We have had similar environment reports produced on the almost lack of environmental regulations in our constitution, and environment issues was hardly mentioned by the election candidates as a priority. In fact one so called environmentalist said there was no one so passionate about the environment as he was but not now.

We have now the latest report submitted to us by the May Election Observer Mission Team. The Cayman Islands Governor’s Office has welcomed this, the final report (they first submitted an interim one soon after the election).

Supervisor of Elections Wesley Howell said the report met the observer mission’s Terms of Reference (TOR) and added it would be considered and discussed with all relevant stakeholders.

The major recommendation was the issue regarding dual citizenship that was highlighted in last week’s Tara Rivers court challenge. The other major recommendation was the one man, one vote that the majority of us wanted but the people’s will was squashed by McKeeva Bush’s government. We weren’t educated properly according to The Bush University of Thought.

All of the Commissioner’s Recommendations are:

Equal suffrage – The equal suffrage principle of “one person one vote or equal number of votes” could be achieved by introducing an electoral system with single-member constituencies or multi-member constituencies with equal number of elected members of the Legislative Assembly. The newly defined constituencies could contain, as far as possible and practicable, the same number of inhabitants and registered electors.

Right to vote – Reducing the required period of residency in the Cayman Islands, prior to the registration as an elector could increase the number of registered electors and enhance overall inclusiveness of the election process.

Right to stand for elections – Reducing the required period of residency of candidates in the Cayman Islands prior to the date of nomination would open up the universal right to stand for elective office to a larger number of otherwise qualified citizens.  A clear legal definition of  “his/her own act” in  relation  to  other citizenship  could  bring  more  clarity  for  the  Elections  Office  when  deciding  on  eligibility  of candidates, as well as for potential candidates when deciding whether to contest elections.

Independent Election Management Body – Establishing an independent election management body with independent budgetary financing could further increase the public confidence in the election process. A broad public and political consensus would be needed to define the qualification criteria, selection process and terms of reference for the members of such independent body.

Voter and civic education – A comprehensive and effective voter and civic education programme carried out well in advance of any electoral event would ensure that all citizens are informed about all necessary elements of the election process, starting from registration of electors to the precise location of polling stations and voting modalities.

Campaign financing – The existing provisions of the Elections Law could be reviewed in order to ensure meaningful scrutiny of campaign expenses declared by the candidates. Such a review could also reassess the current level of limits for campaign expenses and clarify the definition of election expenses, particularly regarding the pre-paid services and goods used during the campaign period. Clearly defined, realistic and enforceable campaign financing rules could reduce the role of money in elections and politics in general.

Treating of electors – The existing provisions in the Elections Law which forbid candidates to provide any food or drinks at the campaign meetings could be  reviewed  in  order  to  allow  candidates  to  offer  reasonable refreshments to the campaign meeting participants.

Media regulation – The election process would benefit from establishing the rules for conduct of public and private media during the election campaign period. Such rules could guarantee equitable access to the media for all contesting candidates and particularly in case of public broadcasters. A media monitoring mechanism could be established to monitor whether media outlets adhere to the rules.

Secrecy of the vote – An amendment to the Elections Law to remove the requirement that ballot papers contain serial numbers would guarantee the right to vote in secret. Alternative means of protecting the integrity of the ballot, such as the use of bar codes or embossing techniques could be explored instead.

Voter identification – Removing the requirement for voters to state their occupation when presenting themselves to vote could avoid demeaning situations in the case of some voters.

Assisted voting – The Elections Law could reflect the practice established by the Elections Office that any person/friend can assist only one voter in marking the ballot paper. Secrecy of assisted voting could be increased if the process takes place behind the voting screen in a polling booth.

Mobile voting – The Elections Office could consider the introduction of mobile voting for those electors who were hospitalised in medical and social care facilities after the deadline for application for mobile voting. At present such voters were disenfranchised.

Postal voting – The Elections Office together with the Postmaster General could examine all currently available options for sending the postal ballots in order to ensure that, as far as possible, all postal ballots are delivered to the electors and subsequently to the Returning Officers in a timely manner.

Domestic observers – Establishing an institute of domestic observers’ independent from the Election Office, with clearly defined rights, responsibilities and accreditation requirements in the Elections Law would increase the public oversight and confidence in the election process.

As a popular current advert says by the moderator listening to young children, “when you say it that way, it all makes perfect sense to me”.

How long will we wait to see if all or any of the recommendations come into law?

Four years actually pass by quite quickly. This is a fast paced life ….

Acting on reports hasn’t kept up with the pace. They sit on a shelf somewhere gathering dust, sand or marl.

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