Fairness of cruise vote questioned in absence of law

(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.