Fairness of cruise vote questioned in absence of law

| 30/09/2024 | 34 Comments

(CNS): The Cayman Islands Government’s failure to draft legislation for the regulation of referendums initiated by the CIG or the people means the proposed national vote on cruise berthing facilities, a legalised lottery, and the decriminalisation of ganja use may not be fairly conducted.

Activists from Cruise Port Referendum Cayman (CPR) have called on the government to enact a referendum law setting the rules for timelines, registration deadlines, public education and campaign financing. They also said the vague question is “disingenuous” since it is not connected to any real proposal.

The local activists successfully campaigned to secure a binding people-initiated referendum in 2019 based on the PPM administration’s proposal for major facilities in George Town in partnership with the cruise lines. They are now worried that the current proposal is too vague, not connected to any specific proposal and may not be conducted in accordance with best practice.

“We are concerned that the government referendum may proceed without adequate regulation to ensure a fair and effective process,” a spokesperson for the group said as they urged the government to develop the necessary law.

When challenged in 2019 over the timing, the question and other issues associated with that proposed vote, the government said in court that it had begun developing this legislation but because it was not compelled to do so, it did not complete the process. But CPR said the constitution makes it clear that there is a need for legislation.

“We are sure that most will agree that it is in the public’s best interest to have such legislative framework to guide the many intricacies of both PIRs and GIRs, to ensure our constitutional right to a fair and effective vote in all matters,” the activists added.

The Constitutional Commission has previously said that legislation should be passed to govern the referendum process, whether initiated by parliament or the people. The commission identified more than two dozen areas that the legislation should regulate.

The CPR said the law needs to address the time between when the government notifies the public that a national poll will take place and the day of the referendum. Given that it can be many months between registration and getting on the electoral roll, there is also an issue of deadlines with respect to referendums.

The activists further noted that public education and campaign financing for referendums needs to be addressed, given the power of the state to campaign for the government’s hoped-for outcome. There are also concerns about misinformation that can circulate during a referendum campaign and what disclosure government should make.

CPR has welcomed the CIG’s decision to move the referendum to coincide with the 2025 General Election, as this saves both public and community resources and provides more time for eligible voters to register. However, the group remains concerned about the vague question.

The questions relating to gambling and ganja have not yet been revealed. The government’s motion published earlier this month contained one question about the dock: “Should the Cayman Islands develop cruise berthing infrastructure?” But with no serious proposals to develop cruise berthing infrastructure in the George Town Harbour or anywhere else, the public cannot consider all of the relevant facts and context to make an informed decision.

“It is disingenuous and lacking in principles of good governance for the Government to pose a
vague referendum question on cruise berthing, removed from the realities of the immense
economic and environmental impacts, in the hope of garnering more support,” the activists have said.

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

Regardless of their concerns, the activists welcome the vote and the chance for the people to have their say on a significant issue and they are urging people to register to vote to be able to participate in this historic referendum.

Eligible votes who want to make sure they can vote n the referendum and the general election should register before 5:00pm on Tuesday of this week. This will guarantee that they will be on the 1 January list and can therefore vote, even if Election Day happens before 1 April.


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Category: 2025 General Elections, Elections, Politics

Comments (34)

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  1. Rodney Barnett says:

    Why do Caymanian leaders jump on the cruise tourism bandwagon while many European countries are considering putting on the brakes? All one needs to do is search (Google) for “Anti-Tourism movement in Europe” to find residents of dozens of European cities pushing back, instituting special taxes, and outright resident protests across Europe.

    As usual, instead of planning and developing a reasonable, reliable, and sustainable (a favorite government buzzword) way to generate fair-paying jobs and general development on the island, the Government proposes a get-rich-quick scheme for insiders at the expense of the islands. Again, I suggest the people, businesses, and government leaders Google “The anti-Tourism movement in Europe” to find all they need to know to make the right decision.

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  2. Anonymous says:

    Could Cruise Port Referendum Cayman (CPR), once it has won this battle, please consider embarking on an even more important task: the total reform of the electoral system, to exclude convicted criminals, introduce campaign finance and transparency laws, and generally drag us into the First World before our birthright is totally squandered and concreted over? No one else seems to do anything selfless in Cayman, so perhaps CPR might have a shot at structural reform?

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    • Anonymous says:

      If those are the things you really think are important, why don’t you take the lead. Find others who feel the same and advocate for change. Are you just lazy or are those issues not important enough to you so your going to assign the project to someone else? There are those that “Do” and those that “Complain”. I think we know where you fall.

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    • Anonymous says:

      We have so many laws, including anti-gifting laws, and declarations of interest, but they are not enforced. What really deflates the sails of justice in our jurisdiction is that the RCIPS leadership and Attorney General are in on the sham, unable to see any of the violations the public can witness so often and readily. eg. A recidivist MP from West Bay flyered his district inviting them to a park to win giveaways and prizes in a pre-election runup, and was not prosecuted under anti-gifting laws, even with physical copies of the flyers in hand, getting caught, and holding the event anyway. Media didn’t even show up.

    • Rick says:

      I am not sure on which planet you will find this “First World”, but in most Western Democracies, convicted felons are allowed to vote (excepting when they are imprisoned in some countries like the UK) and stand for office. The EU allows prisoners to vote and considers it undemocratic to prevent prisoners from voting. UK governments do not agree with the EU, but allows voting by convicted felons who are not imprisoned. According to Parliament.UK, only the following groups are excluded from running for parliament; members of the police forces, members of the armed forces,
      civil servants and judges, people who are subject of a bankruptcy restrictions order in England or Wales or a debt relief restrictions order, people who have been adjudged bankrupt in Northern Ireland, people who have had their estate sequestrated in Scotland. In general, it is a good thing that people with troubled pasts are allowed to re-enter society and bring their unique experiences to leadership of a country. It is admirable to reform one’s self and become a better version, including to lead your country. It is rather boring to hear idiots complain about convicted individuals holding office, when in fact that is a good thing. The real problem is that too little is done to hold people accountable for their behaviour whilst in office; let us champion that cause.

  3. Anonymous says:

    mickey mouse wears a cayman islands wrist watch

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  4. "nothing binding please" says:

    The CPR group is absolutely right about the referendum being “disingenuous”, etc. But isn’t this exactly what the ministers want — to have a referendum that won’t bind them in the least? That way, they can do whatever THEY want, not necessarily what the people want. Yet another flagrant example of bad government.

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  5. Anonymous says:

    so a bit like there was no law to not use a Govt credit for gambling so it was ok to do it… 🙄

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    • Anonymous says:

      Correct. Apparently it needs to be in writing. Still trying to figure out how Jon-Jon got managed to avoid it on multiple occasions though.

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  6. Anonymous says:

    First Wayne, next should be Kenneth and Sabrina..

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  7. Anonymous says:

    There is really no reason for this infrastructure project to go to referendum. Did we get a good deal on any infrastructure project in Cayman over the last say 40 years? No. The Clifton hunter started at 50 million and doubled and still went higher. The 4 lane highway going from West Bay to George Town was definitely needed. Remember the 4000 signatures against closing the road? It was touted as being against Darts project and one of the excuses made was my grandfather use to ride his donkey? Where was any referendum about those decisions?
    It reminds me of a famous saying by Sir Winston Churchill: “If we open a quarrel between past and present, we shall find that we have lost the future.” Albert Einstein said, “Weak people revenge. Strong people forgive. Intelligent people ignore.” We have an industry that has grown over 87 years, our Caribbean neighbors have grown and prospered while we are falling over the precipice of ignorance and lack of research.
    David Miller

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    • Anonymous says:

      What Caribbean neighbours have prospered more than Cayman? I can answer that. None! We don’t have a cruise pier and we don’t need one.

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      • Anonymous says:

        Cayman is surrounded by failed states and they all have cruise docs.

        It’s almost as if economic success and the cruise industry are mutually exclusive.

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  8. Anonymous says:

    The Cayman Islands Court of Appeal and the Privy Council have already ruled that the Constitution allows for referendums in the form they have been carried out since the very first one. CPR is making excuses and wants to stack the deck in its favour.

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    • Anonymous says:

      This is getting a bit ridiculous, why can’t CPR just let this vote go ahead? – It seems that they’re worried about losing it and so are trying to throw legal obstacles in the way wherever they can.
      The question isn’t disingenuous at all, do we want a cruise port, yes or no, if yes, then we let the elected officials and Government bodies determine the best type and location of Port. If no, then no port.

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      • Anon says:

        So you are happy to give CIG carte Blanche to do whatever they feel? The issue with this vote is there is no plan to vote for or against. At least with the previous proposed referendum, we knew what the deal was going to be.

        When you look around the world at cruise ports, locals are starting to stand up and say No more. They are destroying the towns with serious over crowding and pollution

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    • Anonymous says:

      It was Alden’s government that fought against the amenability of a CPR Referendum on the grounds there was no framework in CI law. In the years since, they have not put forward a Referendums Bill to provide this CI Constitutional Framework, presumably because Cabinets don’t want any voter intervention. That cuts both ways, for the same reason: the missing legal framework to call and conduct a binding Referendum is not defined in the jurisdiction.

  9. VOTE NO says:

    Thank you CPR and Shirley Roulstone you are all heroes and history will remember you as such.

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  10. Anonymous says:

    Thank you for standing up Shirley.

    What you and CPR are doing is heroic. It is the lies and arrogant ways of the Premier and another government why the people will not back down and do not trust any of them. The think we are stupid. In 2025 vote them all the turncoats out.

    The article below and attitude displayed by the PPM and now this government is why it is easy for the majority of people to VOTE NO

    https://caymannewsservice.com/2019/11/key-port-info-coming-after-referendum/

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  11. Anonymous says:

    CPR talking sense and calling out the BS again!

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  12. Anonymous says:

    This is all political theatre. The politicians have made certain promises to certain benefactors and now have to show they are doing something. Things will calm down after April when another four year period of inactivity kicks off.

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    • Anonymous says:

      Proof?

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      • SSM345 says:

        “The politicians have made certain promises to certain benefactors”.

        Pull your head out the sand, open your eyes and engage your brain.

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      • Anonymous says:

        An embarrassment of riches. For starters, private jet FBO records of payments, a $1mln University College of the Caribeean honorary Doctorate Degree fiasco, cage records at the Seminole Hard Rock Casino with wire confirms for a certain $200,000 per month gambling, drinking, and assault addiction problems. There’s at least one Florida arrest record confirming all three of those. So many MPs are living so far beyond their declared income that their own banks should be filing SARs on these PEPs on the account throughput.

  13. Anonymous says:

    Thank you CPR for everything you do and showing our country what concerned citizen groups can achieve when they are well organized and understand key principles of accountability, transparency and good governance.

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  14. Anonymous says:

    The activists are right… this time.
    How can you vote for something when you have no idea what it is, where it is, what it will cost, what will be its effects, its consequences,.
    No woman is going to accept “ will you marry me? “ from a stranger she cannot see, knows nothing about and has no idea what life she will endure if she says yes.
    Our government of vote hungry amateurs needs to grow up and take their overpaid positions more seriously.. and act more responsibly .

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    • Anonymous says:

      Which is why hopefully a lot of people will just vote no as I wouldn’t my yes to be misconstrued as a yes built it how you want. Maybe there should be an answer, “It depends”

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  15. Anonymous says:

    Though Julie was supposed to have “cleaned out” the “special interest” parliamentarians .???

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