The Human Rights Commission is aware of the general concern and public interest in relation to the matter of the Cuban refugees who have been actively and peacefully protesting on the steps in front of the Government Administration Building over the past week. By way of background, a number of Cuban political refugees who have been granted asylum in the Cayman Islands are seeking rights for their spouses to obtain similar residency and employment rights in the Cayman Islands. The Customs and Border Control Act, 2018 (the “Act”) does not permit such rights.
The Commission has therefore determined that there to be a prima facie conflict between the Act and s.9 of the Constitution – Right to Private and Family Life, as well as the United Nations Convention relating to the Status of Refugees, to which the Cayman Islands is a signatory. In addition, asylum grantees are required to be treated equally to nationals, and therefore spouses should be eligible for residency and employment rights.
For the complete statement click the pdf document below.