HRC gives thumbs-up to proposed WP vaccine mandate

| 03/06/2021 | 121 Comments

(CNS): The Human Rights Commission has stated that the government can place a vaccine requirement as a condition of work permit grants without breaching human rights. With a proposal being floated by government to mandate proof of vaccination for new and renewal work permit applications, the HRC said the government has a duty to protect the lives of all individuals in the Cayman Islands, as outlined in section 2 of the Bill of Rights (right to life) and has done so throughout the pandemic by implementing the border closure, curfews, shopping controls, limits on gathering and face masks.

“The mandating of vaccinations against COVID-19 for grants or renewals of work permits is another condition which Government can put in place once assessed that it is lawful, rational, proportionate and procedurally fair,” the HRC said, noting the need for the mandate to comply with section 19 of the Bill of Rights on lawful administrative action.

But the commission added that government must provide for exceptional circumstances in which exemptions could be granted where there are medical issues.

The HRC fell short of suggesting employers could go further and require all staff to be vaccinated or place restrictions on unvaccinated staff. It pointed to a document produced by local lawyers HSM, saying that the commission was not able to provide legal advice or endorse one particular perspective. However, it said that employers may find the analysis useful. That document outlines some of the competing factors and issues employers contemplating mandating vaccines for staff may face and the potential legal consequences.

“Human rights is a balancing act,” the HRC said, explaining that government must balance individual rights against broader community rights. Section 16 of the Bill of Rights deals with discrimination and provides limited circumstances where discrimination if it “has an objective and reasonable justification and is reasonably proportionate to its aim in the interests of defence, public safety, public order, public morality or public health,” it is permitted.

The HRC cited section 16 of the Bill of Rights (non-discrimination) allows for discrimination in limited circumstances, where it “has an objective and reasonable justification and is reasonably proportionate to its aim in the interests of defence, public safety, public order, public morality or public health”.


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Category: Health, health and safety, Laws, Politics

Comments (121)

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  1. Anonymous says:

    I disagree. ANYONE who travels abroad unvaccinated risks bringing back the infection. If vaccinations are to be enforced, the only fair and safe way to do that is by enforcing them on all who travel, not based on residence/nationality. This thinking is illogical.

  2. Anonymous says:

    There is no human rights concern as no one is being forced to take a vaccine. Every person still has the right to choose what they want!

    Choose to apply for CI work permit? Choose vaccine.
    Choose to not get vaccine? Choose somewhere else to work.

    Personal choice, personal responsibility.

  3. Anonymous says:

    After reading some of the responses on this article it is apparent that there are many work permit holders who have not gotten the vaccine. If this is correct we are in a terrible position.

    The PACT Government better put this law into force as soon as possible. We cannot afford to to take care of these people once we re-open and lord forbid a bunch of them start getting covid. We have a lot of our own people that haven’t taken the vaccine for their own reasons and we have no choice but to take care of them but taking on the expense of some other country’s person’s health is not something that we should have to do particularly when we have the option of asking them to leave or not allowing them in in the first place..

  4. Hank Gorman says:

    I fail to understand why it would be a requirement for EXPATS but not a requirement for Caymanians. What is the difference? If the goal is to protect the population, (end goal Caymanians) why make it mandatory for people who need a work permit and not for Caymanians? Does the government even know how many Caymanians vs EXPATS have or haven’t taken the vaccine? They seem really disorganized and should have a running list / database of who has been vaccinated. They should know who on island still needs the vaccine. I refer to Caymanians and EXPATS. Of the people holding out, are they locals or EXPATS? They should know that information. I for one, don’t feel it is fair to the people currently on island and have established a life in Cayman, to make it mandatory for them to get the vaccine in order to renew their permit. They should make it a requirement for people that want to relocate here. Then if you live here and leave the island and don’t get the vaccine you have to quarantine when you come back. Pass the PCR test and then you get out. I want to stay here, but I don’t believe in the vaccine. It is not fair to not renew my permit just because I don’t want to take the vaccine.

    • Anonymous says:

      Establishing a life here doesn’t give you the right to stay. There were a lot of people that had established a life here but had to leave after being laid off when the borders closed.

      People who don’t get vaccinated are a liability because they are more likely to spread covid, use health care resources and make it more difficult to open the border. It’s perfectly reasonable that the government wouldn’t want WP holders that increase those risks. And obviously they can’t require it for Caymanians because they have the right to be here. You can choose to return home if you don’t want to get vaccinated but they’d have nowhere to go.

  5. Anonymous says:

    People have a choice. If they don’t want the vaccine, then Cayman isn’t the place for them. But I guess the money and good living is too hard to resist!!

  6. Bye Bye says:

    Ok bye. Good luck in your own covid infected country.

    • Anon says:

      The mRNA ‘science’ is that the mRNA protects the person so it shouldn’t concern that person whether or not others have had an mRNA shot too. There are numerous reasons a person may decline to take the mRNA drug – scientific, intellectual, social, physical etc. I say BRAVO! Stand your ground.

    • Anon says:

      Cayman needs to follow Florida and Sweden. What would they do? Not this!!!!!!

  7. Anonymous says:

    I hope that some of the people who blamed Caymanians as the ones not getting vaccinated read some of the comments here. There seem to be plenty of expats refusing to get vaccinated.

    If the goal is to have as many people as possible vaccinated to reduce the risk of covid spreading when the borders open then this seems like a good policy. We don’t want to have a whole bunch of unvaccinated workers come here and lower the percentage of people vaccinated.

    It’s easier to choose not to get vaccinated when you don’t have to worry about elderly relatives or the effect on the economy of having the border closed. Maybe get vaccinated for other people in the community that you live.

    • Unbeleivable crap. says:

      No it don’t work like that. You’re a wanna be work permit holder or not ? Your choice, nobody forcing you to stay.

    • Anonymous says:

      I fully support the vaccine being required for WP holders but I also know that there is a sector of our own born-and-bred people that are anti-vax holdouts too! Just look at how shamefully late that group of MPs were in getting their shots! Then, there is that one word-champion MP that has been silent on it but we all know she hasn’t had it.

  8. Anonymous says:

    It doesn’t go against human rights, if the individuals fall under (CBC – Immigration) mandates, that being tourist/visitor, business, student visas and work permits (which is really a work visa) therefore making it mandatory to be vaccinated as a requirement of the process in order to get a visa, work permit or even general entry into the country is within the rights of the government of this country.
    People that are resident here won’t fall in that category, and those who do can freely leave and return to their native homeland, therefore their rights haven’t been denied.

    • Anonymous says:

      I hope the ci government realizes alot of countries are limited to the brand of covid vaccine and accepts all

      • Anonymous says:

        Nope. Accepting only the ones shown to work is smart! Pfizer, Moderna, J&J and AstraZeneca should be it.

        All of the worthless Chinese/other ones should definitely NOT be accepted…..look at Seychelles to see where those vaccines got them.

  9. Anonymous says:

    No matter how you try and convince yourselves, this is absolutely a Human Rights violation and will be held up by the Geneva Convention Article 32 and Nuremberg Code sections 4, 5, 6 and 10 at the very least. This vaccine is extremely controversial and still under experimental use, to force it on any person is unethical, immoral and inhumane. This is NOT anything like other Work Permit conditions and you know it. You promised to protect ALL residents and never force it upon us. God has given us the agency to choose for ourselves what is best, especially regarding our health. If you aren’t following Gods laws, then we know who you serve.

    • Anonymous says:

      You are not being forced to get vaccinated. It will just be a requirement to get a work permit. You can still choose to leave. It might not be a choice you want to make but it still is a choice.

      The government has the agency to decide its own immigration policy. They also have the right and duty to choose what is best for the health of the citizens of the Cayman Islands.

      • Anonymous says:

        Unfortunately that is not how human rights legislation works. The fact that they could secure employment elsewhere is not the same as saying you are excluding them from a job they would otherwise get. To say nothing of those who have already established families ad a way of life here. The principle defence would be the greater good of society under Article 29 – but that runs into real difficulties if there are alternatives – such as quarantine – that would provide the same protection to society. You don’t have to like the Universal Declaration or its consequences, but Cayman is bound to abide by it, and whilst the original poster may not succeed in his argument, its at least arguable. A judicial review application here would be very interesting, particularly if Wayne doesn’t provide an exemption for those with medical or religious reasons, or applies it equally consistently to expat civil servants.

        • Anonymous says:

          Good luck with your argument but there are already many elements of Cayman’s immigration policy that are discriminatory. Just like every country. Public health and safety has already been used to justify many of the restrictions throughout the pandemic that might be considered human rights infractions and been found lawful. And unfortunately establishing a life and a family here does not give you the right to remain forever.

          • Anonymous says:

            And unfortunately establishing a life and a family here does not give you the right to remain forever.

            Tell that to all the Northward inhabitants who can’t be deported at end of sentence because they have a child with a Caymanian.

            • Anonymous says:

              They can be deported. The legal department seems to lack the will to do so.

            • Anonymous says:

              Establishing a life here doesn’t give you the right to stay. There would be no need for PR applications if merely bring here was all it took. Ever hear of rollover?

        • Alicia says:

          For religious reasons, I am not taking something that is link to abortion research. I prefer to go home. I love the Cayman Islands, but this is one law I just can’t follow. Kind Regards

          • Anonymous says:

            Peace out, don’t forget to drop the mic.

          • Bye Bye says:

            Bye

          • Anonymous says:

            Good luck Alicia. Because Covid is everywhere. Making a decision not to take the vaccine on ethical grounds is a fundamental decision where the consequences are not limited to whether you stay in Cayman.

            Can I suggest that, whether you go or stay, you discuss the ethics with someone you respect to have a informed view on the religious or ethical implications. It’s a big decision – and i am struggling with the fact that the Pope thinks it’s ok – not an abortion advocate – but you don’t. I think I know more about my profession than most people, and i still take advice from others on issue where I think i am too close to it, or on subjects where I think I know the answer on an intuitive basis but would appreciate the input of people whose expertise I acknowledge.

            • Anonymous says:

              Hmmmm … you are basically contesting whether or not its ethical to take the vaccine? Poor you. You yourself sound like you need to speak with someone about its ethics. There are tons of evidence to support Alicia’s claim. To me, if my conscience tells me something is morally wrong, that suffice. Alot of times, authorities including ministers have led people astray into the worse sins. Our conscience matters over what they say.

            • Alicia says:

              Thank you for your recommendations. I have done my invesigations on this topic, and have found there is no statue of limitations on baby murder. If I take the jab knowing full well what these companies do with fetal tissue, I see myself as a partaker. Heaven is my witness. I will not mark myself with innocent blood. Regards

      • Anonymous says:

        Yup, like a work permit chest xray and HIV test, you wanna work here, do the paperwork :

        we need to keep our hospitals and local population safe. Nuf said….

    • Anonymous says:

      its against my human rights to be forced by law to wear a seatbelt while driving, or a helmet when on a scooter.

      The human rights of many being broken by chicken little anti-vaxers, counts for more than the individual.

      If someone shoots 10 people, it may be against his human rights to be imprisoned, but the shooting of others was a breach of theirs, hence his incarceration is lawful even though it is against his human rights.

      And the vaccine is not ‘extremely controversial and still under experimental use’
      It has gone through the same tests as all drungs, it was just speeded up as they could run the 3 trials of varying time periods in parallel, instead of the old slow model of one after another.

      The vaccines have now been given to over 100 million people, with a tiny amount of side affects caused. Most like the blood clotting scare found that the incidence of blood clots after the vaccine was actually less than the number of people forming blood clots after the vaccine. It just out of 100 million people some will blood clots forming naturally.

    • Anonymous says:

      Just wait – these same people complaining about their human rights because it might become necessary for their WP will be whining again about the 14 day quarantine if the border ever opens to vaccinated people.

    • Anonymous says:

      God sent us a vaccine, by giving scientists the knowledge and wisdom to create it. We prayed for a miracle, for a way out of Covid. He sent it. You are disrespecting God by snubbing and refusing the gift he has provided you.

  10. Anonymous says:

    BEST NEWS EVER! There are many countries, including the USA that have vaccination requirements!
    https://travel.state.gov/content/travel/en/us-visas/immigrate/vaccinations.html

    • Anonymous says:

      Covid is not listed. Slow down. Better yet take a walk.

      • Anonymous says:

        Who said covid is listed???? You need take a walk lol. Making a simple statement that having “vaccination requirements” for immigration reasons is NOTHING NEW!
        In fact.. you take a plane please.

    • Anonymous says:

      Yes but those are all trialed and tested vaccines….so zero comparison unless you dont know or understand the difference

  11. Anonymous says:

    NO!

  12. Anonymous says:

    Presumably the same argument can be applied to non-vaccinated visiting overseas home owners. That is another group that this should be applied to as they have the same probability of importing the virus.

    • Anonymous says:

      That is a fair and very good point. Same with Civil servants and tourists.

      • Anonymous says:

        Should also include foreign spouses of Caymanians. They are already reaping much from their marriages of convenience and anchor babies. Why should they also avoid this.

  13. Anonymous says:

    This should also be a requirement of PR be independent means or any other residency program. We don’t need unvaxxed rich people walking around or clogging up our hospitals. Also require anyone who works with children or the elderly to be vaxxed, regardless of Caymanian or not. If the Covid is so dangerous then we must protect everyone.

    See the slippery slope we are on. Open the boarders and those who are vulnerable who did not get vaxxed must live with their decision.

    • Anonymous says:

      Don’t say go Independant means. We need to sell all these new developments and multi million dollar homes to them. We need the stamp duty!

      • Really ???? says:

        Tax duty as you call it has been taken away in many instances. Sooo hope you still sell them

        • Anonymous says:

          Except it hasn’t. Go in – cite the terms in which you can avoid stamp. Go on. Crickets.

  14. Anonymous says:

    Forcing an experimental treatment on any group of people is a medical apartheid. If the vulnerable are covered what is the use of a sistemic measure to impose over the healthy population that it is proven to not require hospitalization?
    The island should have an opening plan without imposing medical segregation and MOVE ON! Not all jabs are ok for everyone and that doesn’t make you a second class individual.
    Are you going to be required to inject yearly to be able to participate in the community? This is outrageous, people should be responsible for their sake how it has been. This notion of cattle safety is sad and extremely dangerous.

    • Anonymous says:

      No one is forcing you to do anything. The condition of living and working in Cayman on a work permit is that you are vaccinated. There are another 180 or so countries in the world, I am sure you can find another one.

    • Anonymous says:

      One can always choose not seek out, or renew their WP.

    • Anonymous says:

      The vaccine is not being forced on anyone. It would just be a condition of having a work permit here. People can still choose not to renew or apply. Also in the article it says that there should be medical exemptions for people that cannot take the jab.

      And why exactly is herd immunity (assuming that’s what you mean by “cattle safety”) sad and dangerous? That’s how many diseases like smallpox, measles, polio etc were brought under control.

      • Anonymous says:

        And who exactly is going to issue those medical exemptions? The same doctors here who are not specialised in virology or epidemiology? who jumped at the opportunity to do human clinical trials? the same doctors that have been negligent or misdiagnosed many of us or given us prescriptions without noting fully disclosed allergies on our files?….or the doctors who will be profiting from administering yearly boosters and are currently seeing an uptick in patient visits and income due to adverse side effects from the vaccine?

    • Don't let the door hit you says:

      If you don’t agree, bye. Flights are available.

  15. Anonymous says:

    Why can’t the health insurance companies make it mandatory in order to receive insurance coverage? This would capture people without regard for immigration status

    • Anonymous says:

      LOL…because medical insurance does not cover experimental drugs. You can dislike the comment as much as you want. It won’t magically make an Emergency Use Authorized vaccine fully approved or licensed until full FDA human trials are over in early 2023.

      Go ahead with the ignorant dislikes just because you cant handle the truth.

      • anonymous says:

        It really doesn’t matter whether you believe in the vaccine or not or whether it is safe or not. If you are on a work permit then you have a simple choice. Either get the vaccine or simply apply for work in your home country or another one. Work permits holders do not have the right to demand that they be allowed to stay regardless of local government rules. As a Caymanian who travels to Miami for medical treatments and must quarantine on return it is perhaps my right to have the quarantine period reduced to allow me to enter society as a citizen of Cayman. Herd immunity will allow this and those who chose not to get vaccinated actually are now becoming part of the problem not the solution whether agreed to or not. Choices in life are tough are returning to your home country should allow you to be happier in the long run.

  16. Anonymous says:

    Using the same logic, the government could make sterilization a condition of getting a work permit(a huge smile spreads across many faces) or literally anything for that matter. Putting a specific group of people under duress just because they can do it doesn’t make it right. It’s immoral and everyone knows it.

    • Anonymous says:

      And its its legal (and on the case of vaccinations, almost certainly rational, proportionate, and fair). We are in a literal war against a virus, and its consequences. We can use whatever weapons we reasonably and fairly deem fit.

      • Anonymous says:

        I would agree, but were not using the *weapon* equally are we. If it’s good and moral for the community then everyone should be required to take it. This is wrong and everyone knows it.

    • Anonymous says:

      Actually that is not the same logic at all unless you view sterilization as rational and proportionate.

    • anonymous says:

      Get real with this ridiculous analogy. To get a Green Card to live in the U.S. requires many vaccines and if they chose to require the COVID vaccine so be it. No one has a legal right to be another country because they simply chose to without considering requirements whether a test for HIV, or TB or for that matter COVID. Morality has nothing to do with this. And by the way I am under duress every time I have to quarantine because until Cayman gets to a clear level of heard immunity I cannot simply return to my home.

      • Anonymous says:

        So you are in favor of compulsory vaccinations for Caymanians? Why not?

        • anonymous says:

          Not really sure I see what your point is. I am referring to Green Card applicants and holders similar to work permit holders. Perhaps you didn’t understand what a U.S. green card is. U.S. Citizens are not required for instance to get pneumonia vaccination for instance but it was a requirement for the application for a green card. Citizens of a country generally are not required (but perhaps a good idea) to have mandated vaccines. Work Permits are not citizens from what I recall and therefore subject to immigration rules whether they think it is fair or not

    • Bye Bye says:

      Ok bye. Good luck in your own covid infected country.

  17. Kelly says:

    What about people who may need a medical exemption, additionally why are you mandating the vaccine for global workers but not Caymanians if it’s so safe? This doesn’t seem like a clear strategy, in fact it’s against human rights..

    • Anonymous says:

      Because Caymanians have a right to live in their country regardless of whether they comply with this or any other regulation. Work permit holders do not. Caymanians can be unemployed and continue to reside here, work permit holders must have a job or they have to leave.

      • Anonymous says:

        Nobody is saying Caymanians don’t have a right to live in their own country. They can live in Cayman on house arrest until they get vaccinated if the argument is that its for the good of the community. Spin all you want, this policy is plainly immoral. It would be wrong but not as wrong if the policy were to only include those seeking first time work permits.

      • Anonymous says:

        11.09 What a bigot

        • Anonymous says:

          Correctly quoting the law is not bigotry. I suggest you try arguing your point, rather than name-calling.

    • Anonymous says:

      Karen, the article says government must make exemptions for those who have medical reasons. Read the article.

      Additionally, those global workers choose to come here, and have (for the most part) homes to return to. The whole point of vaccination is to not clog up our limited resources. Resources which should be prioritized for the citizens of Cayman. So if those global workers want the privilege to be in Cayman they have to abide by those requirements. You can’t deport a Caymanian for non compliance so the only way to get the numbers we want to see vaccinated we have to impose it on a group of people who can be.
      Also its not against human rights according to the human rights commission… read the headline, read the article.

      • Anonymous says:

        Sanctimonious twerp. The person signed the post as Kelly and you replied to “Karen”.
        Pathetic attempt at besmirching the OP who made a valid point.
        Go and sit in the corner for a while.

      • Anonymous says:

        Resources which should be prioritized for the citizens of Cayman. I think if you start allocating medical care based on nationality you are going to have a whole different human rights breach to think about.

    • Anonymous says:

      Did you even read the article? It says that medical exemptions should be given. They aren’t going to force anyone to get vaccinated but making it a requirement as part of a work permit. People can still choose not to stay/come here. Caymanians obviously do not have that option as this is their home country. And this has nothing to do with the safety of the vaccine. We all know it is safe.

      Im a WP holder and completely support this decision. I hope they enact it soon.

      • Anonymous says:

        We all know it is safe? Relatively safe for the first 3 months or so for some people….you don’t know anything else at this stage.

    • Bye Bye says:

      Then you should go home.

  18. Anonymous says:

    When the CLINICAL TRIALS CONCLUDE in 2023 and it is no longer authorized for emergency use but rather actually approved and deemed fully safe, then we can have the conversation of mandates. However, no one, expat or otherwise should be mandated, coerced or bribed to get this shot.

    • Anonymous says:

      Why? It has been approved for use to bring a deadly pandemic under control. Also if you’re a guest in someone’s country there isn’t really a conversation to be had about mandates. They decide their immigration policies and as a guest you decide if you want to abide by them or return home.

  19. Anonymous says:

    And hopefully a caymanian unvaccinated income tax to subsidise work permit holders medical contributions if they clog the hospotals with COVID

    • Anonymous says:

      The obese should also be banned from fast food restaurants as well. They might die.

      • Anonymous says:

        Lol…all about public safety and health….meanwhile you can get a whole FREE BK WHOPPER if you take the vaccine for a disease that killed unhealthy people. Cant make this $#!+ up!

      • Anonymous says:

        Well we ill all die. but the morbidly obese are a lot more likely to die from Type 2 diabetes complications than the rest of us, especially if they eat a lot of fast food. Mind you, can make exactly the same arguments for smoking and alcohol, which all kill far more people than Covid. guess the difference is the fact that diet, tobacco and alcohol are all matters of choice, whereas you have no choice in whether you catch Covid (unless of course you have decided not to take a vaccine that could have saved you!)

    • Anonymous says:

      LOL

  20. Anonymous says:

    Section 16 of the Bill of Rights (non-discrimination) allows for discrimination in limited circumstances, where it “has an objective and reasonable justification and is reasonably proportionate to its aim in the interests of defence, public safety, public order, public morality or public health”????

    How can mandating vaccinations for only work permit holders be deemed in the best interest of public safety and health thus proportionate to the obvious discrimination ? If public health and safety is the issue all residents must be vaccinated not just the ones without votes.

  21. Anonymous says:

    i’m sure they have a human rights commission in north korea. the government doesn’t determine what a human right is.

  22. Annie says:

    Is anyone else effected by Cayman Airways is selling ghost flights on our Government’s owned and operated website. I just got a message that my flight was ‘canceled’. And now I have to pay hundreds of dollars to reroute the connection. WTF CAL. Disgusting! So wrong that it is making throw up in my mouth.

    • Anonymous says:

      Cayman Airways. The biggest drain on resources and a complete waste of money. When are the Gov going to realise that it is a bottomless pit bailing out that lot and allow other airlines to compete? Hell, maybe the consumer might even benefit from it!

      • Anonymous says:

        What we do if we didn’t have CAL during the airport closure??? FFS🤦🏻

        • Anonymous says:

          4:51, other airlines would have continued flying if government didn’t dictate CAL only. Don’t confuse CAL as being done hero that saved the day.

      • anonymous says:

        And what do we think when the local airline is the only airline flying into the U.S.. Also what about those instances up to when a hurricane could hit that our local airline steps up.

  23. Anonymous says:

    This is blatant discrimination. It must be applied to all or no one.

    • Anonymous says:

      It cannot be required of Caymanians or Permanent Residents. They already have a right to be here.

      Immigration laws are discriminatory. That is the whole point of them, and there is nothing in principle wrong with that!

      • Anonymous says:

        So unvaccinated Caymanians and Permanant Residents may be banned from traveling to other countries when same principle is applied.

        Wonder how many will rethink their decision when there is a Black Friday Sale on in Dolphin Mall.

        • Anonymous says:

          Of course other countries can ban Caymanians. Canada (for example) does, and has for more than a year, whether or not the Caymanian is vaccinated.

          • Anonymous says:

            WTF are you talking about? No ban on Caymanians in general entering Canada. Are you talking about some individual’s specific ban- for immigration or criminal reasons?

            • Anonymous says:

              No. At least until very recently only Canadians and residents of Canada could enter Canada. Non Canadians, including residents of Cayman with valid Canadian visas, have been physically removed from flights to Canada in recent months.

            • Anonymous says:

              Foreign nationals have not been allowed into Canada, except in certain circumstances, since the border closed last year. So I don’t think they were being specific to Cayamanians.

            • Anonymous says:

              There is a ban on non resident foreigners in general entering Canada.

    • Unbeleivable crap. says:

      No it don’t work like that. You’re a wanna be work permit holder or not ? Your choice, nobody forcing you to stay.

  24. Anonymous says:

    What about Global citizens? What about CEC persons working on island?

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