From Colours Cayman

Public Statement & Letter To Governor Issued by Colours Cayman, 12 December 2016

Attention: Her Excellency, Mrs Helen Kilpatrick, Governor of the Cayman Islands
c/o Cayman Islands Government Government Administration Building Grand Cayman KY1-9000 CAYMAN ISLANDS
12 December 2016

I write to you with the purpose of respectfully requesting information about the current state of the Petition that Colours Cayman submitted on 20 September 2016 to obtain the intervention of the Minister of State, the Rt Hon Baroness Anelay of St Johns, and/or Her Majesty the Queen in Council in order to resolve the ongoing legal discrimination that LGBTQ people are suffering in the Cayman Islands by means of an Order in Council.

In addition, I should like to take this opportunity to make respectfully one enquiry: shortly following the Legislative Assembly rejecting the motion for a referendum regarding recognition of same-sex marriage and unions on 6 October 2016, the Minister for Gender Affairs, Tara Rivers, felt compelled to issue a public statement (on 12 October 2016) to clarify that LGBTQ issues were not within her portfolio. It would seem, in her view, neither sex discrimination nor gender discrimination includes sexual orientation or gender identity discrimination.

Beyond the point that her understanding is contrary to case law decided long ago by the European Court of Human Rights, which is binding on this jurisdiction, it seems also a blunt slap in the face of Baroness Anelay of St Johns. This is particularly so in light of the Baroness’s speech before the Legislative Assembly on 4 October 2016, in which she set out “the UK Government position” and explained why “it is in everyone’s interests to ensure LGBTQ equality and freedom from discrimination” in the Cayman Islands. Furthermore, Baroness Anelay of St Johns admonished the government, leader of the opposition and other members of the Legislative Assembly, commenting that, “continued discrimination puts the Cayman Islands in breach of its international obligations, so there is a legal imperative to change.” Tara Rivers’ stated position is therefore incomprehensible both legally and politically.

Notwithstanding the poor knowledge and understanding that Tara Rivers has shown regarding matters of discrimination law—given that she is also a lawyer—and setting aside the issue of whose responsibility LGBTQ issues fall under in the current government, her statement has inexorably led me to enquire about a much simpler issue: under whose portfolio do human rights fall? The members of Colours Cayman, myself included, would appreciate your assistance in this matter. I believe it is imperative that someone within government be responsible and it is incumbent on me, as representative for the LGBTQ community of the Cayman Islands, to ascertain a response to this enquiry as soon as possible. I thank you for your time and continued support.

Respectfully,
Billie Bryan, Colours Coordinator

CC: Premier Hon Alden McLaughlin Colours Cayman