Bill of Rights II - problem, issues and questions of enforceability:

Though fundamental rights and freedoms are the stated pre-eminent purpose of this, Part I of the Cayman Islands Constitutional Order, 2009, the basis of much of the confusion and misunderstanding can be gleamed, (as is the case with so many other similar documents and overarching laws throughout the common law world), from the drafting style inherent thereto!

Virtually every clause begins with wording, which is along the lines: "No person shall  be subject Government Authority which....results in a discriminatory position for the person affected ". 

It should be quite clear however that there are rights which clearly, in the normal course of dealings in society, as between citizens are enforceable by each person for the protection of his or her individual rights. One relevant example would be such rights as the enjoyment of one's right to use of their property or practice of their religion. 

These, must by their very nature, be enforceable between citizens inter se.

This argument is the essence of the issue - that is to say - given the constant evolution of relationships, not just between people and governments, but between different groupings  of people who are in fact governed by ONE government, (recalling also that virtually every society now acknowledges that its people and its government is composed of a variety of ethnic and cultural groups), the Bill of Rights is the only aspect, element of tool in the rule of law which is clear and specific enough to provide necessary protection (if properly upheld!)

Where the behaviour of a particular ethnic or cultural group is such as would threaten the livelihood of another ethnic and cultural group and given that while there are usually specific laws preventing discrimination in hiring practices(Labour Laws etc.), there is usually nothing, in any society, other than those protections contained in the Bill of Rights, which speak to actions en masse.

When one grouping of people, within one society act against the human rights enshrined in the Bill of Rights of another group, the invocation of the fundamental freedoms and protection are clearly necessary to invoke. It is thus the Bill of Rights to which people must turn to seek to ensure their collective well-being.

The effect of any modern Bill of Rights simply cannot, any longer, be viably argued to apply only vertically (as between Government and the governed - within a particular state/jurisdiction). The reasons behind its obvious evolution to a clearly horizontal role are inherently obvious around the globe today! Indeed, the implications of this crucial part of the Constitution is far greater than that.

Additional pragmatic examples, which I shall continue to put forward, will also support the importance of the fundamental recognition of the wider ranging effect and implication of this most vital part of the Constitution.

RIGHTS-FREEDOMS-RESPONSIBILITIES - NOT SIMPLY TO PROTECT US FROM GOVERNING AUTHORITY - BUT ALSO FROM OURSELVES!

Today I begin a journey to uncover and de-myth what would appear to be a most dissatisfying and inadequate mis-interpretation of fundamental rights and protections sacred to all people in most democratic societies today!

Particularly however, I am using, as a guide to my discussion, the Bill of Rights enshrined in the Cayman Islands Constitution, 2009 - one of the most modern works (or products) of its kind in both the British Commonwealth as well as the European Union.

(I say this to emphasise that constitutional lawyers, senior government administrators, parliamentarians and indeed the people themselves (who approved this Constitution - and the Bill of Rights as a crucial part of it - in a rare referendum), have seldom come together, in this Century for the purpose of establishing, for the first time, in any jurisdiction, such fundamentally important and supreme legislative provisions.)

The significance of the Bill of Rights of the Cayman Islands is not only that it reflects the thinking about what are in fact to be regarded as basic human rights in one place, but indeed, the Cayman Islands Bill of Rights represents crucial thinking and commitment to human rights as they are generally regarded in the English-speaking Caribbean; the 50+ nations of the British Commonwealth and the 29 nations of the European Union. 

With these important considerations in mind therefore, I turn to what I believe is a fundamental misunderstanding of the entitlements and guarantees contained in this Bill of Rights. 

The significance of this?:  If the general populace are told that these rights are merely "vertical" (i.e. as between Governments and the Citizens/inhabitants of a country) then  much of those inherent, fundamental rights are lost. 

LOST? WHY?.....because if people believe that they have no right to seek protection nor enforce basic considerations "horizontally" (i.e. as between citizens - one 'against' the other), via the Bill of Rights, then the opportunity to put these questions to the test before the Courts never arises....thus such probable right is sadly lost forever.

Accordingly, I leave you with this, my point which gives rise to the accuracy of the widely promulgated concept of "vertical application only" theories:

A. The Cayman Islands Bill of Rights section 1(1) states "....based upon the principles of mutual benefit and international law....this Bill of Rights, Freedoms and Responsibilities is a cornerstone of democracy in the Cayman Islands.....it does not (c) affect....rights against anyone other than the government except as expressly stated [herein];

.....watch this space for more on this significant matter....it cannot be that we have sought to protect ourselves against Government authority BUT neglectfully left the protection of ourselves against each other and the guardianship of our rights and freedoms to that very same authority we felt important to be protected from....human dignity cannot have been so wantonly evaded, excluded not forgotten......watch this space for more on this significant matter.....

HOW TO PROVIDE THE BEST LEGAL SERVICES:

Perhaps the most significant ways to properly manage the provision of excellent legal services is to literally take each matter on a case by case basis (no puns intended). From 17 years of practice here are some of the most salient points that have consistently held true for myself and my colleagues in dealing with clients:

(a) Pin-point what services are actually needed;

(b) Assisting the client to understand his or her role in attaining success in their goal;

(c) Assist in collating all required supporting documentation + double-check the currency and accuracy of everything that must be done for completion of the process;

(d) Proof the materials prior to submission and ensure they are accompanied by a succinct summary from you as the cover;

(e) Ensuring clarity in your expectations of the client and from the other parties/stakeholders. Be realistic!

(f) Coordinate the timely submission of the material to the right persons - ultimately you are the only person responsible no matter how simple a matter it may be!

(g) Liaise with the client, authorities, other parties and all relevant stakeholders - at reasonable regular intervals to steer the matter towards the best, most efficient and cost-effective outcome;

(h) Keep your files and internal records complete and up to date and  keep colleagues but most importantly the client informed of the process from beginning to end. 

Patrick G Schmid

Follow these basic guidelines and it will be hard to go wrong!

Contact us on info@aalpslegal.com  or by calling:

+1345.923.1686 (Cayman) or +1305.560.5360 (USA)

Crabs in a Barrel: Human nature?

 

Although the lines between 'appropriate and inappropriate' behaviour on the part of adults the world over, regardless of race, creed, culture, religion, nationality etc. seem to become increasingly clear. With the passage of time, it also seems that throughout the globe, and without exception, so many people are still unclear about how to truly live and abide by these supposedly hard and fast common guidelines.

Indeed, whether in the work place, at home or in social settings, it seems that most people have serious challenges recalling and demonstrating the strength of character intrinsic in upholding basic right and wrong when a matter or decision somehow affects that person, a member of his or family, a friend or someone whom he or she supports.

Selfishness, greed, injustice, unfairness and general inequality continue to show their ugliness, and though often re-decorated as something else, the evil they represent, convey and effect is demonstrative of how unsophisticated still seem to be.

The very same 'universal standards' of that which is by and large considered acceptable behaviour - that is, the things and actions which touch the core values relating to self-respect and respect for others, (the absence of which results in a blatantly unequal, unjust world), are the very standards which we are witnessing being used inconsistently and applied unequally at the will of the strong against the 'not so strong' today!

Indeed, it is a sad indictment on the very fabric of our respective communities that such blatant hypocrisy is allowed to be carried out (without repercussion or correction) with such distasteful frequency.

For most of us it is (1) considered vital that we are all equal 'before the law' and (2) that laws do not seek to regulate morals but instead that their construct, interpretation and enforcement must be guided by the standards required to ensure peace, freedom and fairness.

Tied in with the two principles set out in the paragraph above functional democratic society must at all times ensure the absolute fundamentals of the separation of powers!.......It seems though, that once again, as we look around us at all that is happening around us, in all societies, humankind is forgetting how many times we have been down this road.....how much sweat, tears and even destruction of lives and livelihood had humankind been through before we accepted 'universal principles.'

Today, sadly, there are clear, (and some not so clear), indications that once something might affect a particular person or group directly and in a way which (though otherwise reasonable) is not acceptable to them at that particular time, that rather than seeking to work out a way to move forward on the basis of our accepted universal rights, people typically revert to seeking that which they want regardless of any virtually any violation of the rights of others.

In spite of lip service to the contrary, the fundamental lack of respect for all that has gone before us, is often shocking. It is worse than alarming to see so many cases where like crabs in a barrel, we try to achieve the top rung, whether or not our actions in so doing be to the detriment of fellow women and men.

Most frightening of the analysis of this reality is the most important question of all: Is humankind capable of actually achieving a 'higher level of goodness', thereby truly advancing our existence on this earth or are we inherently and forever ultimately doomed to fail at moving our civilisations forward?

The obvious reality which we must all face, is that we each have a vital role to play in ensuring that we advance humankind, the daily decisions and behaviours of every one of us is what determines our collective direction. Where would you like to see us go?

Making a difference - Cayman Islands Immigration - assuring consistent quality premium services Cayman Immigration matters:

 Immigration Services in the Cayman Islands - Professional Immigration Services

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Our staff includes professionals who have worked in the Department of Immigration, (in some instances, for over 30 years), prior to joining us. Human Resource trained specialists.

We are also privileged to have people who are fundamentally familiar with the immigration system, themselves having served as members of various past Cayman Islands Immigration Boards and official Advisory groups and committees.

Our understanding of the law, practice and procedure in this area thus goes beyond the letter of the law to an understanding of why it is in its present form and the practical implications for its application which this all has.

Complementary Services:

It is a natural fit that we provide the following complementary services to meet our clients’ needs as broadly as possible:

TRADE and BUSINESS LICENCES
Advising and applying for the grant or renewal of a Trade and Business License - preparing all documentation including the application form, return of shareholdings and covering letter and liaison with the authorities.

LOCAL COMPANIES (CONTROL) LAW LICENCES
Advising and applying for Local Companies (Control) Law License - reviewing all relevant documentation, preparing application form, return of shareholdings and covering letter, and liaison with the authorities.

Making your decision – why would you go to anyone else? :

If you are not already utilizing the services we offer – we suggest you give us a try – we are confident that we can save you a great deal of stress and wasted time, (time that could be much better utilized in focusing on other important matters). We are also confident that you are unlikely to ever consider anyone else for your Cayman Islands Immigration needs.

Contact us today with your questions: +1345.623.5611.

Email us on inquiries@fiscayman.com or visit us at our principal offices:

196 Shedden Road, George Town, Box 32181, Grand Cayman KY1-1208, CAYMAN ISLANDS

What Immigration Consultants do for people and businesses in the Cayman Islands:

Professional Immigration Services @FIS

Whatever your immigration needs may be – we can help! As a division of the  Financial Integrated Services Group, we also provide a wide range of financial, company, business, insurance and other advisory and consultancy services – this ensures our clients a truly comprehensive delivery of premium services!

Professional Immigration Services @FIS removes the complexity, helping to take the load off and saving you time, frustration and money by:

(a) pin-pointing what services you actually need;

(b) assisting you in collating the requisite supporting documentation;

(c) assisting you in the completion of the relevant applications;

(d) proofing the materials prior to submission;

(e) ensuring clarity in your expectations;

(f) coordinating the timely submission of the material to the right persons;

(g) liaising with the authorities to steer your application(s) towards the best, fastest possible outcome;

(h) keeping you informed of the process from beginning to end.  

Contact us today for your free consultation: +1 345 623 5611 or Inquiries@fiscayman.com

Completely new way to manage Cayman Islands Immigration matters:

IMMIGRATION - a Cayman Islands perspective:

The Cayman Islands enjoy a predominantly harmonious history throughout which immigrants from various backgrounds and all parts of the globe have woven a unique and successful community which is today a world player in a number of important industries, despite its size.

This growth has also brought about changes in immigration laws, regulations and policies which have become increasingly complex. A maze of paperwork and administrative requirements often challenge businesses, employers, employees, immigrants and temporary visitors alike.

Having ‘grown-up’ with the Immigration system’s most rapid evolutionary period, our team here at Professional Immigration Services @ FIS understand what you, your family or your company are going through.

Professional Immigration Services Ltd., (a member of the Financial Integrated Services Group, “FIS”), provides a comprehensive range of immigration services for individuals and companies in the Cayman Islands (and those who are planning to move to the Cayman Islands) and we have been doing so for over 20 years!

For these reasons, we make every effort to take the ‘guesswork’ out of the immigration process, giving our clients peace of mind, all whilst doing so in the most cost-effective way possible.

Our range of services include but is not limited to:

·        Business Visitor Permits

·        Student Visas

·        Temporary work permits

·        Short-term work permits

·        Work Permits: 1,2,3-year (in special cases up to 8 years duration)

·        Work Permit Variations and Amendments; additions/removals of Dependents

·        Business Staffing Plans preparation & Updates and Amendments thereto

·        Special Economic Zone work permits

·      Permanent Residence applications (all categories – including 8 year residence applications; Direct Investment Certificates; Certificates of Residency based on Independent means)

·  Cayman Islands and United Kingdom Naturalization, Registration and/or Passport  applications

·        Caymanian Status applications

· Resident Employment Rights Certificates (RERC’s) and Employment Rights Certificates(ERC’s)

·        Requests for Waivers; Special Considerations; Re-considerations

·        Appeals to the Immigration Appeals Tribunal

·        Applications to work by operation of law

·        And any of your other immigration needs  

  Cayman Islands Immigration Services for Companies and Individuals – streamlining your operations by having an immigration services provider that can tailor a package suited to your needs:  Think about it and then act - for unmatched services, 

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    _+ 1 345 623-5611 or inquiries@fiscayman.com 

    Professional Immigration Services @ FIS the only answer to meet your Cayman Islands Immigration needs.