The Cayman Islands Governor’s Office has welcomed the final report by the Election Observer Mission from the Commonwealth Parliamentary Association (CPA) on the General Elections on 22 May 2013.

Released today (23 July 2013), the 15-page document discusses the legal framework, election administration, voter registration, candidate nomination, voting and counting, the announcement of results, as well as candidate agents and domestic observers.

Supervisor of Elections Wesley Howell said the report met the observer mission’s Terms of Reference (TOR). Mr Howell added that it would be considered and discussed with all relevant stakeholders. He also expressed the gratitude of the people of the Cayman Islands for the work that that the team had carried out.

The CPA team had previously shared an early overview of their findings with the Cayman Islands public, in the days immediately following the elections. Team leader, and Maltese Member of Parliament, Hon. Mario Galea, told a press conference that the recent elections had met the international standards for a democratic, genuine and transparent vote.

FINAL MISSION REPORT

Executive Summary

The 2013 General Elections in the Cayman Islands met the international standards for democratic, genuine and transparent elections. The election campaign allowed different opinions to be expressed freely and the voting and counting process on Election Day were very well conducted. The high voters’ turnout was also a very positive sign and it showed commitment of the Caymanian people to the principles of democracy.

•          The Elections Office acted in an impartial and transparent manner and demonstrated a high level of professional competence. All electoral preparations were completed on time and from the technical point of view the elections were very well prepared and administered.

•          The overall conduct of voting operations was assessed by the EOM observers as very good or good in all polling stations. The procedures were followed, polling staff was generally well trained and polling agents representing different candidates were present in all polling stations.

•          The counting procedures were  followed,  votes  were  counted in  a  transparent  manner  in the presence of counting agents representing different candidates and no recount was requested. The turnout was high and reached 79.94 per cent.

•          The election legal framework provides for holding genuine democratic elections. The fundamental civil and political rights and freedoms, such as freedom of expression, assembly, association and movement, as well as principle of non-discrimination are guaranteed in the Constitution Order 2009.

•          The total number of registered electors reached 18,492, which is a notable and commendable increase of 20 per cent compared to 2009 General Elections. However, the 2010 Census data indicate that there are still around 5,000 Caymanians of voting age who are not registered as electors and were therefore left out of the election process.

•          In total 56 candidates were contesting 18 seats in the Legislative Assembly and competitive elections were held in each of the six electoral districts. While to a large extent candidate qualification requirements are reasonable, some of them related to the required duration of residence in the Cayman Islands prior to the date of nomination appear to be unreasonable and undermine the right to stand for elective office.

•          The election campaign was conducted in a peaceful atmosphere, candidates were able to campaign freely and voters were able to receive sufficient information to make an informed choice. The fundamental  rights  and  freedoms,  such  as  freedom  of  expression,  freedom  of  assembly  and freedom of movement were respected at all times.

•          Both public and private media played an important role in the election campaign. The public media provided balanced reporting and contributed to the fair conduct of the election campaign.

I.          Introduction

A Commonwealth Parliamentary Association, British Islands and Mediterranean Region, Election Observer Mission  (EOM)  was  deployed  to  the  Cayman  Islands  between  16  and  27  May  2013 following an invitation from the Governor of the Cayman Islands and with agreement of the Government and the Legislative Assembly. The EOM was composed of six observers deployed to all districts of Cayman Islands:

•   Hon. Mario Galea, MP, Head of Mission (Malta);

•   Ms Margaret Mitchell, MSP (Scotland);

•   Senator Philip Ozouf (Jersey);

•   Speaker Hon. Randolph Horton JP MP (Bermuda);

•   Ms Fern Narcis, Legal Officer (Trinidad and Tobago);

•   Ms Juanita Barker, Legal Officer (Guyana).

The EOM was further supported by two Election Analysts and an Election Administrator.

The remit of the  EOM  was  to  assess  the  electoral  process  in  accordance  with  international commitments for elections as well as the laws of the Cayman Islands. The EOM was independent in its findings and conclusions and adhered to the Declaration of Principles for International Election Observation signed at the United Nations in October 2005.

The EOM organised two press conferences to issue the introductory press release on 17 May and a preliminary report on 24 May 2013. In general the EOM enjoyed a high visibility in the local media as well as among the general public.

The  EOM  would  like  to  express  its  appreciation  to  the  Association  of  Caribbean  Electoral Organisations (ACEO), Electoral Reform International Services (ERIS), the authorities of the Cayman Islands, election officials, candidates, political parties, local media as well as the people of the Cayman Islands for their cooperation and assistance in the course of the observation.

II.        Political Background

The 2013 General Elections were the third elections since the introduction of the political parties system in the Cayman Islands. The amendment of elections law in 2012 increased the number of elected members of the Legislative Assembly from fifteen to eighteen. Three political parties fielded a total of 32 candidates while another 24 candidates ran as independents.

The United Democratic Party (UDP) won the previous elections in May 2009, with McKeeva Bush OBE MLA assuming the post of Premier. The UDP lost its majority in December 2012 after a vote of no-confidence in the government at the Legislative Assembly. Subsequently five members of the UDP formed a new government headed by the former Deputy Premier, Juliana O`Connor-Connolly JP MLA.

The political situation prior to elections was also significantly influenced by the unsuccessful referendum  in  July  2012  which  aimed  at  changing  the  electoral  system  to  single-member constituencies. The referendum was originally initiated by the peoples’ petition; however it was eventually called by a resolution of the Legislative Assembly. Although a majority of participating electors were in favour of a change, the level of support did not reach the required 50 per cent plus one vote of all registered electors1. The Cayman Islands is one of only a few jurisdictions in the world where voters have unequal number of votes in general elections.

III.       Legal Framework

The election legal framework consisting of the Cayman Islands Constitution Order 2009 and Elections Law (2009 Revision) in general provides for holding genuine democratic elections. The fundamental civil and political rights and freedoms, such as freedom of expression, assembly, association and movement, as well as principle of non-discrimination are guaranteed in the Bill of Rights, Freedoms and Responsibilities of the Constitution Order 2009.

Eighteen members of the Legislative Assembly are elected for a four year term in four multi-member and two single-member electoral districts. The number of elected members in multi-member districts varies between two and six. This disproportion in the number of elected members per electoral district contradicts the equal suffrage principle of one person, one vote. The equality of vote is further undermined by the fact that the number of registered electors represented by one elected member in the  Legislative Assembly  varies  considerably  between  520  in  Cayman  Brac  and  Little  Cayman electoral district and 1,240 in George Town electoral district.

While the Elections Law requires voting by secret ballot, the very same law also mandates numbering of ballot papers, thus undermining the secrecy of the ballot. Ballot papers (on the reverse) and their corresponding counterfoils include an identical serial number creating a theoretical opportunity to determine  the  choice  of  a  particular  elector. Although  numerous  safeguards  are  put  in  place  to minimise this opportunity2, the fact that it exists could be used to intimidate and coerce electors.

IV.       Election Administration

The Elections Office is responsible for organising elections and referenda in the Cayman Islands. As an executive election management body, it is part of the government portfolio of internal and external affairs. The Supervisor of Elections as well as his three Deputies are appointed by the Governor.

The Elections Office is not an independent body as it is part of the government structure. However, there was no indication of Government interference in the electoral process and the existing arrangement is widely accepted by election stakeholders.

During the entire electoral process the Elections Office acted in an impartial and transparent manner and demonstrated a high level of professional competence. The contesting political parties, as well as independent candidates expressed general satisfaction with the performance of the Elections Office. A comprehensive electoral calendar was published well in advance of the electoral process. All electoral preparations were completed on time and from the technical point of view the elections were very well prepared and administered.

The voter education was conducted by the Elections Office in close co-operation with local electronic and print media. The Elections Office regularly briefed the media outlets on the state of electoral preparations and the media in-turn provided significant airtime and space to inform and educate electors about the election process.

V.        Voter Registration

The right to vote is guaranteed by the Constitution Order 2009 to all Caymanians who are registered electors. The required qualifications for registering as an elector are generally reasonable. However one notable exception is the requirement to be a resident in the Cayman Islands for a period (or periods) amounting to not less than two years out of the four years immediately preceding the date of registration.

Although  any  period  of  absence  for  certain  specific  purposes3    stipulated  in  the Constitution Order 2009 is disregarded, this requirement appears to be overly restrictive and might have prevented a number of otherwise eligible Caymanians from exercising their right to vote. It should also be noted that according to the 2010 Population and Housing Census, only 56.3 per cent of the resident population are Caymanians who are, after meeting the other qualification requirements4, eligible to register as electors.

The total number of registered electors for 2013 General Elections reached 18,492, which is a notable and commendable increase of 3,131 electors, or 20.4 per cent compared to 2009 General Elections. This reflected the proactive action taken by the Elections Office to register more electors. However, the 2010 Population and Housing Census data indicate that still around 5,000 Caymanians of voting age have not registered as electors and are therefore left out of the election process.5

It should be pointed out that the Elections Office expressed doubts about credibility and accuracy of the last population census data and estimated that there are approximately only 2,500 Caymanians of voting age who are not registered as electors. The lack of interest in elections among the younger generation and unwillingness to serve on a jury6  were cited as the most likely reasons why these people are not registered.

Table 2: Number of registered electors per electoral district and nationwide as of 1 April 2005, 2009 and 2013 – see Attachment #2

The  Elections  Law  stipulates  that  each  registered  elector  shall  be  issued  with  a  photo  elector registration  card.  However,  presenting  an  elector  registration  card  at  the  polling  station  is  not mandatory and an elector can vote even without a registration card (or any other ID card) providing that s/he satisfies the polling clerk that s/he is the person whose name appears in the register of electors.

VI.       Candidate Nomination

In order to be elected as a member of the Legislative Assembly there are several qualification requirements that must be met. To a large extent these requirements are reasonable; however some of them appear to unreasonably limit the universal right to stand for elective office. These are namely:

•          The requirement for a person born in the Cayman Islands or outside the Cayman Islands but having at least one Caymanian parent or grandparent who was born in the Cayman Islands to reside in the Cayman Islands for a period of not less than seven years immediately preceding the date of nomination. The number of days of absence from Cayman Islands during this period shall not exceed 400 excluding any period of absence for certain specific purposes stipulated in the Constitution Order 20097.

•          The requirement for a person born outside the Cayman Islands to reside in the Cayman Islands for a period or periods of not less than fifteen years out of the twenty years immediately preceding the date of nomination and in the seven years immediately preceding the date of nomination. The number of days of absence shall not exceed 400 excluding any period of absence for certain specific purposes stipulated in the Constitution Order 2009.

•          A  person  can  also  be  disqualified  if  they  are  by  virtue  of  their  own  act  under  any acknowledgement of allegiance, obedience or adherence to a foreign power or state. The lack of clarity in the Constitution Order 2009 on what constitutes “his or her own act” led the Elections Office, which has the authority to initially decide on eligibility of candidates, to make different decisions in similar  cases. It  should be noted that many Caymanians  were  born  outside the Cayman Islands or to parent(s) with other citizenship and therefore either possess or have right to some other citizenship.

In total 56 candidates were contesting 18 seats in the Legislative Assembly and competitive elections were held in each of the six electoral districts.

Table 3: Number  of  elected  members  and  nominated  candidates  per  electoral  district  and nationwide – see attachment # 3

VII.     Election Campaign and Media

A lengthy election campaign period started immediately after the nomination of candidates on 27 March. The election campaign was conducted in a peaceful atmosphere. All candidates were able to campaign freely, presenting their political pledges. Voters were therefore able to receive sufficient information to make an informed choice. As confirmed by numerous candidates across the political spectrum as well as other election stakeholders, fundamental rights and freedoms, such as freedom of expression, peaceful assembly and movement were respected at all times.

Both public and private media played an important role in the election campaign. According to various stakeholders the public media provided balanced reporting and contributed to fair conduct of the election campaign. The private media reportedly provided airtime and space to all candidates on an equal basis, however the UDP accused some private media outlets of being openly biased against the party. The Mission did not conduct any systematic qualitative and quantitative media monitoring and therefore can neither confirm nor refute these accusations. Furthermore there is no legislation or code of conduct regulating the conduct of media during the election campaign.

The  Mission  received  numerous  allegations  of  widespread  vote  buying  during  the  campaign  by different candidates and political parties. However, according to the Police, no official report has been filed in this regard. At the same time the Police claimed that they made an effort to investigate every unofficial report they have received. For the first time, during this election, the Caymanian authorities, namely the Police Service, Anti-Corruption Commission and Elections Office took an active approach and launched a media awareness campaign. This included a confidential reporting line to prevent and fight against any illegal practices of distribution of money, goods or other benefits in exchange for potential votes.

The Elections Law sets the limits for candidates’ election expenses. Several candidates expressed the views that the limits of CI$ 30,000 and CI$ 35,000 for different categories of candidates are unrealistically low given the duration of campaign period and existing price level in the Cayman Islands. They alleged that many candidates across the political spectrum will exceed these limits. In addition the leadership of two political parties as well as some candidates expressed the views that election campaign expenses paid prior to the nomination of particular candidate are not included in the limit.

After elections, all candidates are obliged to submit to the Supervisor of Elections a declaration of election expenses containing a statement of all payments made or received by or on behalf of the candidate. Unfortunately there is no obligation for any state institution to actually verify the completeness and accuracy of declared expenses and contributions.

VIII.    Voting and Counting

On Election Day, the Election Observer Mission (EOM) observers visited all 46 polling stations located within 18 polling divisions in six electoral districts. The overall conduct of opening, voting and closing procedures was assessed by the EOM observers as very good or good in all polling stations. The procedures were followed, polling staff was generally well trained and polling agents representing different candidates were present in all polling stations. The mission would like to commend the fact that women were well represented among the polling staff as well as among the

Approximately 7.8 per cent of registered electors cast the votes through mobile and postal voting. This number appears to be appropriate given the relatively high number of elderly people in the Cayman Islands and high cross-border mobility of Caymanians. The mobile voting took place between 10 and

16 May 2013 in all six electoral districts and postal ballots were accepted by the Elections Office until 6 p.m. on 22 May. All applicants for mobile and postal voting had to meet certain qualification criteria as stipulated in the Elections Law9. The candidate agents had access to the mobile voting process, as well as to the process of issuing, receiving and counting of postal ballots. The EOM directly observed some mobile voting in West Bay electoral district on 16 May and did not notice any irregularities.

Around 17 per cent of all postal ballots mailed to entitled electors were not delivered to the Returning Officers within the set deadline. Unreliability of postal services, both in the Cayman Islands and the countries of destination, is likely to be one of the possible explanations for this situation. The EOM observers received complaints from three electors who claimed that they had not received the postal ballot.

The counting of votes took place in the counting stations and the EOM observers observed the process in ten out of nineteen counting stations in four electoral districts. The counting procedures were followed,  votes  were  counted  by  the  Returning  Officers  and  Deputy  Returning  Officers  in  a transparent manner in the presence of counting agents representing different candidates; no recount was requested.

The total number of invalid ballots nationwide was only 134 or 0.9 per cent of the total votes polled. Prior to Election Day a number of interlocutors expressed concerns that the recent increase in the number of members to be elected in Bodden Town and particularly in George Town could lead to an increased number of invalid votes. However, these concerns were not confirmed and the total number of invalid ballots in George Town was only 64 or 1.09 per cent. Furthermore, according to the internal statistics of the Elections Office, more than 85 per cent of electors correctly utilised all six votes.

IX.       Tabulation and Announcement of Results

The election results for all six districts were tabulated at the Elections Command Centre in George Town. As a transparency enhancing measure, the two-hourly voters’ turnout reports as well as progressive results of the count were continuously published on the Elections Office website. The full provisional results for all six electoral districts with polling division and polling station breakdown were available online in the morning of 23 May. The final results were sent for gazetting on 24 May 2013.

The  turnout  was  high  and  reached  79.94  per  cent.  An  almost  identical,  though  slightly  higher percentage of registered electors (80.54 per cent) participated in the 2009 General Elections.

Table 4: Final results of the General Elections 2013 – see attachment 4

X.        Candidate Agents and Domestic Observers

According to the Elections Law each candidate can appoint two polling agents and two counting agents  to  monitor  voting  and  counting  processes  on  his/her  behalf10.  The  candidates  took  full advantage of this policy resulting in the Elections Office accrediting more than 600 agents. The large presence of candidate agents at polling and counting stations contributed significantly to the credibility and transparency of the process.

The Elections Law allows observers authorised by the Supervisor of Elections to be present at the polling stations during the voting process, however it is silent on further details regarding their rights, responsibilities and accreditation. In these elections there was no local citizens’ or NGO initiative aimed at domestic election observation. As with the 2012 referendum, the Elections Office appointed a domestic observer team, consisting of ten members and representing a cross-section of the Caymanian community. Their role was to scrutinise the voting and counting process. However, using the term “domestic observer” in this case was not appropriate. The team lacked independence as the members were selected and appointed by the Elections Office – an institution whose performance the team was supposed to assess. It was also not clear to whom the team should report. The independence of the team was further undermined as the team leader nominated two political party candidates contesting these elections.

XI.       Recommendations

In order to improve future electoral processes in the Cayman Islands, the EOM would like to offer for consideration the following recommendations:

Equal suffrage

The equal suffrage principle of “one person one vote or equal number of votes” could be achieved by introducing an electoral system with single-member constituencies or multi-member constituencies with equal number of elected members of the Legislative Assembly. The newly defined constituencies could contain, as far as possible and practicable, the same number of inhabitants and registered electors.

Right to vote

Reducing the required period of residency in the Cayman Islands prior to the registration as an elector could increase the number of registered electors and enhance overall inclusiveness of the election process.

Right to stand for elections

Reducing the required period of residency of candidates in the Cayman Islands prior to the date of nomination would open up the universal right to stand for elective office to a larger number of otherwise  qualified  citizens.  A  clear  legal  definition  of  “his/her  own  act”  in  relation  to  other citizenship  could  bring  more  clarity  for  the  Elections  Office  when  deciding  on  eligibility  of candidates, as well as for potential candidates when deciding whether to contest elections.

Independent Election Management Body

Establishing an independent election management body with independent budgetary financing could further increase the public confidence in the election process. A broad public and political consensus would be needed to define the qualification criteria, selection process and terms of reference for the members of such independent body.

Voter and civic education

A comprehensive and effective voter and civic education programme carried out well in advance of any electoral event would ensure that all citizens are informed about all necessary elements of the election process, starting from registration of electors to the precise location of polling stations and voting modalities.

Campaign financing

The existing provisions of the Elections Law could be reviewed in order to ensure meaningful scrutiny of campaign expenses declared by the candidates. Such a review could also reassess the current level of limits for campaign expenses and clarify the definition of election expenses, particularly regarding the pre-paid services and goods used during the campaign period. Clearly defined, realistic and enforceable campaign financing rules could reduce the role of money in elections and politics in general.

Treating of electors

The existing provisions in the Elections Law which forbid candidates to provide any food or drinks at the campaign  meetings  could  be  reviewed  in  order  to  allow  candidates  to  offer  reasonable refreshments to the campaign meeting participants.

Media regulation

The election process would benefit from establishing the rules for conduct of public and private media during the election campaign period. Such rules could guarantee equitable access to the media for all contesting candidates and particularly in case of public broadcasters. A media monitoring mechanism could be established to monitor whether media outlets adhere to the rules.

Secrecy of the vote

An amendment to the Elections Law to remove the requirement that ballot papers contain serial numbers would guarantee the right to vote in secret. Alternative means of protecting the integrity of the ballot, such as the use of bar codes or embossing techniques could be explored instead.

Voter identification

Removing the requirement for voters to state their occupation when presenting themselves to vote could avoid demeaning situations in the case of some voters.

Assisted voting

The Elections Law could reflect the practice established by the Elections Office that any person/friend can assist only one voter in marking the ballot paper. Secrecy of assisted voting could be increased if the process takes place behind the voting screen in a polling booth.

Mobile voting

The Elections Office could consider the introduction of mobile voting for those electors who were hospitalised in medical and social care facilities after the deadline for application for mobile voting. At present such voters were disenfranchised.

Postal voting

The Elections Office together with the Postmaster General could examine all currently available options for sending the postal ballots in order to ensure that, as far as possible, all postal ballots are delivered to the electors and subsequently to the Returning Officers in a timely manner.

Domestic observers

Establishing an institute of domestic observers’ independent from the Election Office, with clearly defined rights, responsibilities and accreditation requirements in the Elections Law would increase the public oversight and confidence in the election process.

For any further information please contact the Head of Mission, Hon. Mario Galea, e-mail:  [email protected] / [email protected]