Wednesday, August 30, 2006

Possible Solution for the Rollover Policy ?

This is another great recommendation that was sent into this site. Some of you have credited me after reading this suggestion, however I don't have all the ideas, and don't want contributors to think I am taking their credit. Read on and keep the ideas coming...

I could suggest a possible solution to the problems being experienced by the ‘implementation’ of the roll-over. I believe that the time period in which the rollover policy has been put in effect is detrimental. On the other hand, there are numerous benefits to be derived should the policy be carried out in a more responsible manner.

The roll-over policy should have applied to persons entering the Islands after the implementation date. It should not have applied to persons who were already residing here, who have contributed enormously to the economy and have been employees upon whom employers depend for continued support. The solution suggested is one of a gradual implementation process. The rollover policy should be reviewed to be applicable to all persons coming into the Cayman Islands after January 2004, when the law came into effect. The real issue that needs to be addressed is long-term “population growth”. The government could instead address this with sound long-term macro economic strategies and fiscal management. Due to the current implementation of the rollover policy, remaining citizens have to start rehiring, from scratch, especially at this time of economic instability and re-growth after hurricane Ivan. When a law is passed, it normally applies as at that date. If employers knew from the onset that their employee would have had to leave after seven years regardless of whether they found a suitable Caymanian to take on the role, they would have had an entire seven years to put programmes in place to ensure a smooth transition. With the current policy implementation, employers were not given this opportunity. If tomorrow, a country passes a law that all burglars will be hanged, legally and in fairness, the hanging sentence would not apply to persons already serving sentences for burglary. It would apply to any burglaries committed after the said date, and would be applicable to future such court cases. Passing a law such as the rollover, with immediate effect and expecting everything to be okay after a year or two? ... with no proper transition procedure? ...no government buffer or cushion offered to assist the community to recover from potential losses? ... What practical support has been offered to those Caymanian employers who are either currently or soon will be experiencing difficulties? With the way the policy has been implemented, even if looking towards the long-term, the country will have to play “catch-up” with the equivalent of a “brain drain” impact.

Transitions like these take time to properly implement. If the policy was better planned and implemented and was to apply to persons entering after the date of its adoption, there would have been ample opportunity for both Caymanians and non-Caymanians to plan effectively for a smooth transition. This would also include the opportunity for Caymanians to fully equip themselves to adequately fill posts that would become vacant within the next two to five years.A rollover policy would be very effective if:

1) the policy was applied to all persons coming into the Cayman Islands after the date of the law.

2) suitable strategies were put in place to ensure an adequate infrastructure for pending population growth.

3) it would not apply in situations where a “new” work permit would be needed to replace the “rolled-over” work permit. If attempted too quickly, as is currently the case, the negative costs to be derived may far outweigh the benefits proposed.

The above issues aside, the Cayman Islands may be failing to understand that if you have been profitable having your own right hand toil, that you do not deliberately chop off your right hand and still expect to be as viable. The Cayman Islands may be failing to understand the power of good international relations and fairness. The Cayman Islands may be failing to understand that the same persons who may leave, are the same persons that helped to build the country’s competitive advantage in the region. The Cayman Islands may be failing to understand that its indigenous people may suffer not only for a short period after the policy is implemented as is, but may feel the negative effects of this policy for years to come.

Cayman’s own people may have to interact with new entrants to the community, who may or may not have the interest of the country at heart, as would the persons who have left. The Cayman Islands may be failing to understand that it could be in need of international assistance in the future and perhaps not be granted because the international community has been treated unfairly. The Cayman Islands may be failing to understand that dismissing a member of its team with no severance pay or the international equivalent of some remuneration will not result in a favourable impression of the country. The Cayman Islands may be failing to understand that the cost of living here is not as compelling as it once was. The rollover policy as being implemented, may be failing the Cayman Islands from all angles. Yes, a policy framework is needed but in order to be successful, has to be implemented differently.

Yours sincerely,

Concerned for the sustainable future of the Cayman Islands

11 comments:

Anonymous said...

Dear Mr Paul Aiken,

I think what you are doing here is very good. Among all the noise there are some viable suggestions noted. Also noted is the need for statistics to prove the dilemma being faced by Caymanians ( eg unemployment stats), private businesses (# of expats to be rolled over in the next few years) and expats (perhaps a poll on if a shorter period in between is workable).

However, these comments noted here will do nothing if not presented to the right people. I am hoping you write another letter to the Cayman Compass with the suggestions here so that the government and the general public can know about the valid suggestions put forward.

Maybe you can even convince the government to follow the Bible .... “Thou ahypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother’s eye.”

Thank you

Anonymous said...

Paul,
Whether or not this blog influences the government in regard to the policy, I think you should consider it a success. With few exceptions the comments supporting and opposing have been thoughtful and sincere.
For the most part I've agreed with your thoughts.
No matter what happens Caymanians such as yourself (and I know quite a few) will continue to succeed. Should this implementation work out to the detriment of the economy, as I still believe it will, you are resourceful and will be able to change industry or leave your beautiful country to prosper as you can compete anywhere in the world.
Friend

Anonymous said...

thats a good idea , very very very good idea,i hope the government read this blog of yours especially mr.tibetts and mr.mc laughlin

Anonymous said...

Dear Paul:

You are to be commended for establishing this site and giving the disenfranchised a forum to express their concerns and opinions.

You are an example to leaders in the Caymanian business community and I hope others will have the courage to stand up and be counted!

Unfortunately it would appear as if nothing is going to stop the madness of the rollover from becoming law and before too long Caymanians will have more serious issues to worry about other than whether or not there are too many expatriates on the island.

With the current atmosphere I question why any expatriate would chose to live in such an unwelcoming environment.

I wish you the very best in your struggle and can only agree with the anonymous writer who said that if you are forced to leave your country and start over you will be a success wherever you go!

All the Best,

Anonymous said...

Paul,

I really do not know were to start so let’s start with, “ I think your doing a great Job with this”.

Anyway here we go;

“Cayman Culture”
How we forget that all our ancestors came across the sea on a boat from the UK, Africa, Spain and other nations, maybe we should look at what our ancestors did in those countries before we look at what we and they have only do over the last 200 years. Boy our “Family Trees” must be very short, if that’s how far we can only look or maybe we all just short memories.

Playing tops, picking whelks etc... I believe we learnt this from other cultures. If you go back in accent history they were playing tops in China (maybe that’s were Caymanian Culture came from). So really we stole our culture from other countries. Or should we say our ancestors brought these cultures with them when they arrived on the island.

"Caymanian”
Before Jamaica went independent we Caymanians were British along with the Jamaicans. Infact weren’t we a province on Jamaica. Wasn't that long ago.

So really the phase Caymanian only started a short while ago. Infact we are really not Caymanians, to this day were are a Dependant Territory of the UK making us British as we must put on our passports when we enter other countries, we are entitled to a UK passports and can go to the UK and other countries in the EU and work without a permit, now I am not saying the same should happen here, we should regulate our boards (I will address this later).

I wonder what we would be calling ourselves if the island was still called “Tortugas” “Tortugian’s”.
mind you we would be speaking spanish now mybe a pert of CUBA under Castro (that would be fun).

I really like a quote from one of our own poets here in Cayman “we are people from the Caribbean, we are Carribbean Men and Women” and that’s what we should be know as, especially as all our families were spread over the Caribbean prior to our arrival on these islands. OOPS should I say that some of our more prominent Caymanians could be from Jamaica or other countries in the Caribbean GOD FOR BID that where to be true. Again, I forget, did most of older generation have to travel by boat to get an educated in Jamaica staying with family member who lived there?

So I suppose after all this I still have not answered what a Caymanian is, I like to think of us as nationals of this world and people of the Caribbean whom welcome all nationalities with open arms as people have done to us around this world.


“Role over Policy”

God, this is ridiculous. One of our present Ministers saying Caymanians hate expats, I do not know who he has been speaking to, maybe just the 25 people who call over and over and over and over again, on the morning and afternoon chat shows. I have spoken to a number of Caymanians not 25 and they do not hate expats, like myself we do believe we need to control our boards but let’s do it reasonably. Personally I wish I had a solution but I do not.

Exempt Employees;

This is a great one, I know most people reading this forum knows of somebody who should be exempt. Well this is how I think. I have a Jamaican Helper ( who I might say we pay well) as far as I am concerned she is exempt, she has worked for me now 5 years, during this time assisted raising my 7 year old and now 11 month old child (unfortunately both my wife and I have to work to support our family). During the five yrs our helper has worked for us, she has become one of the family members assisting my 7 yr old in reading home work and teaching good manners and to be respectful to everyone. Personally to me she is more exempt than my Attorney and Accountant whom I can fire and replace at anytime. Once you find someone you can trust with your family, to me she is irreplaceable and why should the government tell me different.

I know I have baffled on a lot now, so I will end with this;

If I recall are current minister of Education was a Partner in a law firm before entering into Government, I do respect him for this because he did resigned to hold this post in Government (no conflict in business) but he had already made a lot of money off whom “THE EXPAT” isn’t this a real slap in the face. He does talk about education (which is good) but unlike myself and others his children go to private school.

I will not sign my name a business owner who hires expats for the reproductions that may happen to their residency applications.

I suppose I am a chicken then.

ML

Anonymous said...

As a newly arrived ex-pat Jaqueen's comment rings very true. I'm wondering whether I want to stay because I don't feel welcome here. I've lived as an ex-pat in a number of African countries and every time without fail I've been welcomed with open arms. I enjoy living in diferent countries and cultures and hope always to be learning a better way to live my life. In Africa there was always a mutual learning experience between myself and my hosts. Here in Cayman I'm finding it hard because I feel that I'm not wanted and not welcome. I feel guilty for being and "ex-pat".

Anonymous said...

Hello Mr. Aiken,

Thank you for including the "anonymous" option for comments on your website.


Perhaps you are willing to publish the following on your website


I quote from Caymannetnews - Issue 1181 - Wednesday 6 September 2006

page 2: Minister defends freedom of the press, Mr. McLaughlin said:
"The reason for this is that the colonial power, the United Kingdom, whilst extending most but not all of the convention and treaty provisions to the Cayman Islands as a matter of theory, has omitted to give us the practical right of individual complaint to the respective administrative bodies."
Mr. McLaughlin said the right of the individual to petition the UK could be easily verified and said, "Please go to the website. It is there for all to see on the web at www.coe.int."

" ... extending MOST but NOT ALL of the convention ..." ???

Interested to see which articles of the convention are not extended, I had a look at www.coe.int.
(Council of Europe website).
I have no doubts that IT is there for all to see, however, the website is vast and one really has to know where to look.

Perhaps somebody (a member of the Human Rights Comittee perhaps?) can point me in the right direction?

Thank you.

Anonymous said...

Permanent Residence and Employment Rights Certificate

Where can I find up-to-date information regarding the "Points system" that will be used to assess an application for "Permanent Residence and Employment Rights".
I searched the official Cayman Islands website (http://www.immigration.gov.ky).
I found "Permanent Residence and Employment Rights Certificate", Guide for applicants and the application form, but no specifics regarding the "Points system" currently in use.

It is absolutely essential to make such information available and easily accessible.

How are the points to be allocated?

Points to be deducted for "Country of Origin"?

Points allocated with relation to local investments?

Can we assume that if one obtains the maximum points, the application will be successful?

How many applicants where successfull and have been granted Permanent Residency with Employment Rights?

How many applicants have been denied the same, and for what reasons.

Anybody knows out there?

Furthermore, it would be helpful if the local media would publish the current applicable "points system".
(Rumours, the marl road, guestimates are not good enough!)

Anonymous said...

This website serves only one purpose - to let Caymanians and expats vent some frustration. The government has shown no indication that they will be considering in any way any request to "do away" with or amend this policy in any way especially the retroactive section of the policy. And why would they be motivated to do so? The law does not affect them and their employees. There are only plusses for the government as it helps them via Caymanian support at the polls. And even if you do not want to admit it, the majority of Caymanians do support the policy of getting rid of expats. So you can all stop wasting your time and use it to prepare yourselves for the reality of the roll-over.

For those against it - admit it, you are mostly expats who would like to stay here. And if your argument is that Cayman will be worse off, then do you really want to be here when the (you know what) hit the fan? At the end of the day, Cayman's economy is half tourism and service industry / half financial industry. The tourism industry and service industry is one of generally high turnover. As for the financial industry, I am sure all the expats here have a degree or two. This industry currently is enjoying negative unemployment. Just look at the ads in the papers jumping to assist you in getting a job in Bermuda, London, Canada, Jersey etc. Wherever your heart desires. You can get a job tomorrow if you so desire. I read in the NetNews yesterday that <100 Caymanians (I think this figure may be too low though but not by 100%) out of the 14,000 plus employed in the financial industry hold a degree. Do you think if any of those Caymanians work outside of Cayman easily?

For those who support the policy - admit it, you are mostly Caymanians who would like a promotion/higher pay. So if you are saying the policy is to protect Caymanian's and their jobs then consider this. The bottom line is even if every single Caymanian were to be promoted today and their (assumed) expat bosses sent home, who is going to replace you? At the end of the day, there are just not enough Caymanian workforce to support the number of jobs existing - therefore, you need expats. Mr Phillip Ebanks is right - the larger companies will survive. A lot of international companies will simply shift work from Cayman to another location. They may also be shifting staff (with their workloads) to other branches. The larger companies will probably tend to shift the higher jobs to different locations eg the IT head from Cayman sent to Miami where he will be responsible for Cayman with no need for an IT head at Cayman. So which jobs are you saving?

(Note: I said mostly as there are exceptions like Mr Aiken)

And those that say it is to prevent people from getting status - then why not look at those criteria and make those more stringent and not solely dependant on the time you are here? And why if you deny status, that person must get off - why can they not remain on a work-permit and simply not have status/ be eligible to apply for status with each subsequent work-permit renewal?

Bottom line - the roll-over policy is here to stay and I do not think the government wishes/want to change it. But let us be fair - if you are making the ex-pats leave especially if they want to stay - shouldn't they at least be entitled to get their pension when they leave? (IE not have to wait two years?) Relocation to any country (home or another) usually requires every cent you have.

Bottom line - Cayman will change because of the roll-over policy. For better or worse, we just have to wait and see. My prediction for the expat workforce is that the expats that will now find Cayman attractive for work will now be younger. What effect this will have?
Positive - they spend a lot more but they do so at the pubs/clubs so can be negative?
Positive - they are generally more interested in exploring and enjoying new places however, they generally do not have respect for these places so can be negative?
Positive - They generally are not interested in politics etc however, they are generally not interested in charity organisations either (negative)

I can go on and on, but I think I have taken up too much space already.

Anonymous said...

"Permanent Residency Application - points system".

Can one earn points for adopting an animal from the local Humane Society?
If so: How many points? Any discrimination between adopting dogs and/or cats?
(A combination should be rewarded with extra points!)
We need to know.
The Humane Society would no doubt be thrilled with such regulation.

Thank you for reading.

Anonymous said...

The Cayman Islands claim to be unique ...
So why settle for blindly copying the failing immigration policies from other countries?
You could do better Cayman.
Why not take your chance to be truly unique, set an example, send a message of humanity and harmony to the world.
A different approach.