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Caribbean Regional Seminar

The Caribbean Regional Seminar on The Implementation of the Second International Decade for the Eradication of Colonialism: Mid-Term Review, Follow-Up And Priorities For Action

  • Saint Vincent and the Grenadines
  • 17-19th May 2005
  • “Progress towards Self Determination in the Cayman Islands:
  • A Perspective of the Non-Governmental Organisations”
  • Presented by:
  • Pastor Al Ebanks, Chairperson
  • Cayman Islands Non-Governmental Organisations Constitutional Working Group

This presentation has been prepared and is supported by the following organisations:

  • Cayman Islands Chamber of Commerce
  • Cayman Ministers Association
  • Concerned Citizens Group
  • People for Referendum
  • The Forum

Mr. Chairman, distinguished delegates of the Special Committee of 24 and representatives from the United Nations Secretariat’s office, thank you for inviting and allowing the Cayman Islands Non-Governmental Organizations (NGO) Constitutional Working Group, the privilege to address this seminar. My presentation is a collaborative effort and is supported by the following NGOs: the Cayman Islands Chamber of Commerce (CICOC), the Cayman Ministers Association (CMA), the People for Referendum (PFR), the Concerned Citizens Group (CCG) and the Forum.

Collectively, these Cayman-based organizations represent the interests of thousands of people and are committed to working with the C24, Her Majesty’s Government, elected officials in the Cayman Islands, regional experts and representatives from other Non-Self-Governing-Territories (NSGT) to educate the people about their inalienable human right to self-determination as defined by Article 73 of the United Nations Charter.

I am accompanied today by Mr. Wil Pineau, Chief Executive of the CICOC. In May 2003, some of you may recall that Mr. Pineau accompanied Mrs. Sophia-Ann Harris, the then President-Elect of the Chamber, who was invited to present an expert paper on “Self government in the Cayman Islands: The Perspective of Non-Governmental Organisations” at the Caribbean seminar in Anguilla. The Anguilla seminar was declared historic because it was the first C24 Regional Seminar to be held in a Caribbean UK Overseas Territory (OT) and also the first Regional Seminar to be attended by a representative from the Foreign and Commonwealth Office (FCO).

During the Anguilla seminar, Mrs. Harris surprised many delegates when she explained that until the CICOC invited then C24 Chair Ambassador Earl Huntley to visit to Grand Cayman in April 2003, Caymanians were unaware of the three options for self-determination and the corresponding international obligations of the administering Power.

The UK remains bound by the UN Charter and a series of subsequent Resolutions over the past four decades on the subject of decolonization passed to assist the people of the Cayman Islands and, indeed, all of their OTs to attain their “inalienable right of self-determination” in their constitutional status. Notwithstanding this, we remain acutely aware that the UK has not cooperated fully with the Special Committee on Decolonization and has not complied with their international obligations by withholding certain constitutional options available to us.

At the Anguilla seminar Ambassador Huntley announced an action plan for the C24 to ensure that in the decade of 2001 to 2010 the UN’s objective to eradicate colonialism would be achieved. However, he recognised that this could only be accomplished with the cooperation of the administering Powers and the NSGT’s respective governments. Speaking on behalf of Her Majesty’s Government, Mr. Roy Osborne, confirmed the UK’s undertaking to become engaged in the C24 action plan.

In a written address on behalf of the Cayman Islands Government, The Hon. W. McKeeva Bush, OBE, JP, the then Leader of Government Business, who also attended the seminar along with then Education Minister Mr. Roy Bodden and then Permanent Secretary Mr. Charles Clifford, who is now part of the newly elected Government, said:

“I would like it understood that the Cayman Islands wishes to fully understand and be given access to the full range of options for self-determination. We look forward to learning more from the United Nations and from all of you gathered here… We would also like to indicate our ongoing willingness to share our experiences as we progress towards that form of self-determination that complies with the UN Charter while safeguarding the interests of the people of the Cayman Islands.”

In June 2003 a delegation from the NGO Constitutional Working Group traveled to the UN to address the C24. The delegation included Mrs. Harris and Mr. Pineau of the CICOC, Mrs. Alice Mae Coe of the CCG and Mrs. Sandra Catron of the PFR. Mrs. Harris presented a paper on behalf of the NGO Constitutional Working Group, Mrs. Coe and Mrs. Catron also made presentations on behalf of their respective groups.

The response from the C24 to the presentations was positive and provided the NGO representatives with hope and encouragement. The NGO representatives were able to share information about constitutional issues in the Cayman Islands and to educate the C24 about the lack of progress the UK had made with educating our local people about UN Resolutions 1514 (XV) 2625.

The C24 action plan that was announced by the then Chair, Mr. Huntley, at the historic regional seminar in Anguilla in May 2003, was unanimously approved by the C24 members at that meeting.

At the October 2003 meeting of the UN's Special Political and Decolonization Committee (Fourth Committee) the NGOs’ Constitutional Working Group was represented by Mr. Pineau and Mrs. Harris who presented a paper on behalf of the NGOs. The C24 action plan was ratified by the Fourth Committee at this meeting.

In June 2004, at the C24’s meeting, NGO representatives, which included myself, Mr. Pineau from the CICOC, Mr. Dennie Warren Jr. from the PFR and Mrs. Alice Mae Coe from the CCG once again traveled to New York City to present a petition. I presented a petition on behalf of the NGO Constitutional Working Group, challenging the UN's C24 stated objective to implement its action plan. We also requested that the C24 includes the Cayman Islands on its list of visiting missions for the year. We were aware, however, that this request could only be carried out if the Cayman Islands Government extended an invitation to the C24.

In November 2003, following our October 2003 presentation to the Fourth Committee, we wrote to the Leader of Government Business, the Leader of the Opposition and all Members of the Legislative Assembly requesting them to invite the UN's C24 to visit the Cayman Islands. Regretfully, we never received a reply. General Elections have just been held in the Cayman Islands and a new Government is being installed on Wednesday, May 18th. We have spoken with, the new incoming Leader of Government Business, the Hon. D. Kurt Tibbetts who has indicated his support for our efforts and we are confident that an invitation will be forthcoming under his administration.

So two years have passed since the historic seminar in Anguilla and it is disappointing to know that no progress has been achieved. The C24 action plan, approved by the UN’s Special Political and Decolonization Committee (Fourth Committee) appears to be in a state of inertia. Whilst the people of the Cayman Islands, and indeed other UK OTs, attempt to deal with an administering Power that continues to assert its authority over the Territory by amending and enacting external legislation through Orders-in-Council, (which they call their “nuclear option”), the UK professes to advocate constitutional modernization yet they are prohibiting further examination and education of the self-determination options available under the UN Charter Article 73, Resolution and Affirmations and by their attempts to de-list the Cayman Islands as a NSGT altogether.

The Anguilla seminar gathered elected representatives from the Caribbean Non-Self-Governing Territories, their Administering Powers, including the UK, and the committee, to discuss the current constitutional situation in the territories. The purpose of that seminar was stated clearly by the then Chairman:-

“The United Kingdom has embarked upon a programme of constitutional modernization in the territories based on its 1998 White Paper for the territories. What we need to find out is whether this policy is leading to self government for the territories. Are the non-self governing territories satisfied with the constitutional modernization process? Does it meet their aspirations? As far as the Committee is concerned, the policy is not within the context of the United Nations mandate for decolonization as it does not offer to the territories all the options for self government which the United Nations set out in Resolution 1541 (xv). It limits the territories to either attaining independence or retaining the status quo –which is one of colonialism. What we need to do in this seminar therefore is to work out and agree upon how we can bring the present UK policy on constitutional modernization of the territories in line with the UN’s mandate on self determination so that the territories can attain self government through our action programme within the time frame that the UN has set – by the end of this decade.”

There continues to be a need for greater active involvement by the peoples of the NSGTs in the constitutional consultation process. Traditionally, the preferred path to progress the self-determination agenda for the C24 is to work with the elected Governments and the Administering Powers. Whilst we fully support this course of action, we ask you to also consider engaging the NGOs more actively in the process of preparing our people to make an educated choice regarding constitutional modernization and our right to self-determination.

Groups like ours are trying to work with the C24 to achieve its stated goal of eliminating colonialism by 2010. It is therefore sad to realize that there has been absolutely no financial assistance offered to the NGOs by the UN and unless our NGOs made personal and organisational financial commitments and sacrifices to attend this seminar then there would have been no representation from the Cayman Islands. We believe this demonstrates our commitment to the education process, even as our country continues to struggle and cope with the devastating effects of Hurricane Ivan and its US$3.2 billion worth of damage, a per resident estimate stands at CI$75,700 or US$94,625 the highest ever encountered by the UN’s Economic Commission for Latin America and the Caribbean (ECLAC). Coupled with this reality and the monument task of recovery from the devastation caused by Hurricane Ivan is the fact that the Cayman Islands has received minimal financial support from the UK and other international agencies.

Self-Determination recognizes the right of people to live according to their distinct national and cultural identity, and is crucial for determining their destiny by free will rather than others making that determination for them. However, Self-Determination must be carried out responsibly giving due regard to the rights of others. It affords opportunity for the exercise of free will, but governs this by laws that are fair, just and equitable. Our world has become a global village, more so than at any previous time in history and the right of a people to Self-Determination must be exercised responsibly and in adherence to the rule of law.

In March 1999, the White Paper ‘Partnership for Progress & Prosperity’ initiated and outlined Her Majesty’s Government’s (HMG) position and the process for constitutional modernization in all OTs, promoting Self-Determination as the first principle of partnership.

Because the constitution of a country is its “supreme law,” no effort must be spared to encourage and ensure that the people exercise their democratic right of Self-Determination in developing modern democratic constitutions which has open, transparent and accountable government as its stated goal. The implications for the people are too significant to be ignored and too complex to be properly dealt with by any single individual, party or group. The process demands partnership, consultation and agreement at all levels, and must incorporate a comprehensive public education campaign, which fully informs the people of the OTs of the various options open to them in pursuing their inalienable right to Self-Determination.

In this regard, the United Nations (UN) and the United Kingdom (UK) must be prepared to fulfill their international obligations by providing the necessary assistance to the territories as required by various UN resolutions and reaffirmations. The expertise available in the OTs must also be galvanized through partnership, participation and the sharing of information and ideas.

The UN General Assembly has declared,

“That in the decolonization process there is no alternative to the principal of self-determination… The Assembly would reaffirm the inalienable right of the people of the Territories to self-determination... It is ultimately for those people to determine freely their future political status, and in that connection, we call upon the administering powers, in cooperation with the territorial Governments, to facilitate political education programs in the territories to foster awareness of the right to self-determination, which is also a fundamental human right.” (GA/SPD/238)

This language appeared generous and was welcomed by the OTs as vital to the process of achieving Self-Determination and constitutional modernization. It was seen as providing a unique opportunity for OTs to be pioneers and architects of a constitution that meets HMG’s international obligations, while respecting local values and giving due consideration to cultural, ethnic and religious sensitivities.

However, the UK’s performance on these promises has thus far left much to be desired, creating questions about the genuineness of their promise of a new modern partnership. It is essential that no constitutional changes be made in the OTs without the production of credible evidence showing that they command majority support and are compatible with the aspirations and expectations of the people. To prove the constitutional changes have widespread support of the people in a NSGT, there must be a Constitutional Referendum.

Recent statements by UK Representatives, however, have further exasperated these concerns, leading to greater conflict.

On 12th November 2003, Mr. Bill Rammell, MP, Parliamentary Under Secretary of State, wrote Government Leaders of the OT’s, stating; “the UK did not vote for Resolution 1541 and is not bound by it.” He also assertsthat the option of “Free Association is unacceptable to the UK.” This position differs substantially from Resolution 1541, of which the UK was a primary architect and is also a departure from previous promises of Self-Determination and partnership advanced in the White Paper.

In a letter written on 3rd December 2003, Ambassador Earl Huntley, Chairman of the UN Special Committee of 24, differed with Mr. Rammell’s interpretation of the UK’s obligations. He states:

“If all UN members were to claim not to be bound by resolutions for which they did not vote, then the UN could not function. In fact, the UK was one of the authors of the resolution and in particular the concept of the three options. Its abstention during voting was only linked to disagreement with the issue of transmission of information… It is unfortunate that the UK still wants to limit the options facing the territories to gaining independence or maintaining the status quo. We have pointed out and wish to emphasize that the “free association” option offers the flexibility to allow both parties – the territories and the UK – to achieve their objectives.” (SC24/46/03)

On December 5th 2003, the NGOs also wrote to Mr. Rammell refuting his claims and requesting an explanation for his conflicting and contradictory statements. It is disappointing and totally unsatisfactory that to date there has been no acknowledgement or response to our letter from Mr. Rammell or the FCO.

The UK has rightly recognized and repeatedly promoted Self-Determination as the first principle of partnership for the NSGTs. It is therefore essential that the current conflict and confusion on Self-Determination be resolved immediately with HMG explaining their conflicting statements and contradictory positions. HMG authored the definition found in Resolution 1541 and has repeatedly reaffirmed their commitment to take seriously their obligations under the Charter. If they now take issue with this definition then surely they are obligated to explain their new position to the UN and the OTs.

Mr. Rammell’s statements contradict these confirmations and assertions and violate the spirit and letter of UN Resolutions by which the UK is obligated and bound and appears to us to also be at odds with their stated objectives as outlined in the White Paper for Partnership and Prosperity. The UN has repeatedly reaffirmed the inalienable right of the peoples of the Territories to Self-Determination and called upon the Administering Powers, in cooperation with the territorial governments, to facilitate political education programmes. The UN has offered to provide visiting missions as an effective means of ascertaining the situation in the territories, this should be embraced and viewed as critical to the decolonization process as providing openness, transparency and accountability. As NGOs we are eager to see this process advanced in our islands.

At the UN Special Committee of 24, (C24) Seminar in Anguilla in May 2003, the FCO acknowledged the UK’s failure to disclose their obligations to the OTs under the UN Charter. Ambassador Huntley as Chairman of the C24, presented a ten-point action plan on Self-Determination, designed to be carried out in four stages, public education and dissemination of information were highlighted as critical to the process.

Mr. Roy Osborne, Deputy Head of the Overseas Territories Department, FCO, assured delegates “that the UK Government would permit the UN Special Committee to carry out public education programmes in the OT’s regarding the options specified under the UN Charter.”

International laws clearly define the intimate and powerful administering role that the UK plays in the process of constitutional modernization for the Territories. The truth is that no OT has the authority to achieve any level of Self-Determination without the support and prior approval of HMG.

It is therefore desirable and appropriate that HMG continues what they promoted in the White Paper and began in Anguilla, by participating fully in the work of the C24 assisting with the development of comprehensive educational programmes as defined by the UN.

Baroness Scotland at the OTs conference at Wilton Park advocated a strong position on Self-Determination and constitutional change when she declared;

“Constitutional change is not a matter to be entered into lightly. There must be full consideration and consultation across political parties, and the community as a whole, as well as with HMG. We stand ready to consider ideas that have been fully discussed locally, and command wide local support and are appropriate, realistic and compatible with our international obligations and consistent with good government...” “Our commitment to maintaining the right of Self-Determination is unshakable.”

The peoples of the OTs are equally unshakable in their commitment to develop modern democratic constitutions while maintaining and exercising their inalienable right to Self-Determination, in the spirit of true partnership and in compliance with international obligations under which all parties are bound.

We support statements by our esteemed colleague, Mr. Carlyle Corbin during last year’s Pacific seminar. He stated that mandates of the UN General Assembly are only useful if they are implemented. It was his Government’s (US Virgin Islands) view that one of the long-standing and fundamental mandates of the General Assembly is that it addresses the two interrelated issues of: the need for support for political education programmes; and the establishment of the parameters which define the principles of political status legitimacy. He added that both issues had been touched on at the 2004 Seminar. He also called for an expansion of existing political education programmes and for the Committee to work with the United Nations Development Programme (UNDP) in facilitating such programmes for the Territories under its review.

He also proposed that the Committee on decolonization develop a working relationship with the Committee on Human Rights to exchange information on the self-determination processes in the respective Territories, consistent with the resolution recognizing that self-determination is a fundamental human right. Stating that there is no mechanism to monitor compliance with specific UN mandates, Mr. Corbin commented that without such a mechanism the relevance of the UN to their political development process comes into question. He listed several recommendations related to the decolonization seminars, including a mid-term five-year review of the implementation of the plan of action of the International Decade for the Eradication of Colonialism.

The joint statement of the Principals of Partnership developed between New Zealand and Tokelau stand as a wonderful example of cooperation and political will exercised by the representatives of the people of a Territory and the Administering Power. In their preamble they state;

“New Zealand and Tokelau (“the Partners”) wish to affirm their ongoing relationship, to honour their shared past and to build upon the close historical, social and cultural links between their people.

By articulating in this Joint Statement the principles underpinning the partnership and each Partner’s expectations of the other, the Partners hope to create a framework within which they can work together to maximise the benefits of the relationship. They wish to strengthen cooperation between New Zealand and Tokelau, and to provide a firm foundation for ongoing and constructive dialogue about their relationship. The Joint Statement also looks forward, recognising that Tokelau has the right to self-determination, and that New Zealand has a responsibility to facilitate that process in Tokelau’s best interests.” (“http://www.macmeekin.com/Library/AAA/Docs/Int'l/Tokelau.htm)

We long for such respect and dialogue in our partnership with the UK and believe much could be learned from the successes achieved by New Zealand and Tokelau in their approach to self-determination.

We firmly believe that in the process of decolonization there is no alternative to the principle of the inalienable right of self-determination, which is also a fundamental human right.We would make the following recommendations to the seminar:

  • The UN should ensure that the Administering Powers cooperates fully with the Special Committee on Decolonization to finalize before the end of 2005 a case-by-case programme of work, towards the implementation of all relevant resolutions. GA/SPD/290
  • The UN should ensure in cooperation with the administering Powers the equality of treatment of all NSGTs in their quest for self-determination and assist them to develop a united position when dealing with their respective administering Powers.
  • The UN and the administering Powers should ensure that a comprehensive education campaign on the issue of the inalienable right of the people to self-determination as declared in the UN Charter Article 73, various UN Resolutions and Affirmations is carried out in each NSGT in compliance with the approved action plan.
  • The UN should ensure that the administering Powers and NSGTs are in full agreement regarding truly participatory democratic constitutional development in full compliance with the administering Powers’ obligations under UN Charter Article 73, Resolutions and Affirmations.
  • The administering Powers and the NSGTs would do well to study the process and progress made by New Zealand and Tokelau in their pursuit of self-determination and learn from their example of a truly participatory democratic government system which is supported by the majority of the electorate.
  • We would recommend that the next Caribbean regional seminar is hosted in the Cayman Islands in May 2007.

I would like to close with a statement by UN Secretary General Mr. Kofi Anan on 19th May 2004 in a message to the C24’s Pacific regional seminar. He stated that

“…more effort is needed for decolonization…”and that it was “…up to the United Nations and the international community…to support the political, economic, and social advancement of the non-self-governing territories in their quest for self-determination…”

At the opening of the 2005 session of the Special Committee on Decolonization on 17th February 2005 Deputy Secretary-General Ms. Louise Frechette reaffirmed Mr. Anan’s message

“…You still need to explore ways to accelerate the decolonization of the 16 remaining Territories. The Plan of Action for the Second Decade calls on us to ensure, in cooperation with the administering Powers, that the peoples of Non-Self-Governing Territories are kept fully aware of the political status options available to them: free association, integration with another State or independence. Only in this way can they make educated choices about their future...”

We fully agree with these statements and the NGO Constitutional Working Group remains resolute in our commitment to ensure that the people of the Cayman Islands are kept fully aware of the political status options available to us: free association, integration or independence. It is essential that the choice be the result of the freely expressed wishes and aspirations of our people and through education and partnership we desire to empower our people to make wise choices about their future in the best interest of our beloved Cayman Islands.

Biography

Pastor Alden A. Ebanks

Alden A. Ebanks affectionately known as Pastor Al was born on January 20th 1959 in Grand Cayman. He was raised in the district of West Bay and attended West Bay Primary School and John Gray High School. At 18 he committed his life to Jesus Christ and shortly thereafter became a member of what is now Agape Family Worship Centre. In March 1979, he was united in marriage to E. Kathleen (Kathy) and together they have four wonderful children. In 1987 he was ordained as a Christian minister and became the full-time pastor of Agape. Over the past 25 years Pastor Al has served the community in numerous ways, through both Christian and secular activities. He has served on numerous Boards and Committees such as the Marine Institute, Health Services Authority, 911 Critical Incident Stress Management Team, National Youth Commission, Children and Youth Foundation, National Gender Policy, and Strategic Planning for both Education and Health. He has actively contributed to the Hospital Chaplaincy program, Canaan Land Home and the Prison Ministry. He was a founding member of the Full Gospel Businessmen’s Fellowship and Cayman Ministers’ Association. He pioneered the annual National Day of Prayer and Police Appreciation, and chaired Grand Cayman’s New Year’s Eve celebration service in 1999 which brought together many church groups for a joint Communion service attracting a crowd of some 10,000 people. On New Year’s Eve 2002, he chaired the “Kick-Off” event for the Nation Quincentennial Celebration, as the Cayman Islands celebrated 500 years of recorded history. He has been an out spoken community leader on issue of national importance and is Co-Chair of the Chamber Working Group on Constitutional Modernization in the Cayman Islands. He conceived and organized B.O.N.D. Bless Our Neighbor Day which brings hundreds of people together each year, and Camp HOPE (Helping Others Pursue Excellence) an annual youth outreach program run by Agape and the Royal Cayman Islands Police.