IT IS believed that some children born to Jamaicans living in The Cayman Islands are growing up without the benefit of rights usually extended to other individuals across the globe.

This is because in recent years, the small, but economically flourishing British colony has revamped its immigration policy, barring all children born to non-Caymanians from acquiring Caymanian citizenship.

The Cayman Islands is one of the few countries in the world in which children are born, but are excluded from automatically becoming citizens. According to Franz Manderson, chief immigration officer of The Cayman Islands, prior to March 1977, any child born in The Cayman Islands was automatically extended the right of citizenship. However, subsequent changes made to the country's immigration law have withheld this right from any child who is born to non-Caymanian parents. Instead of automatically becoming a citizen of The Cayman Islands - as is done in several other countries, including the United States and Great Britain - the child is forced to take on the nationality of either of its parents.

J'can citizenship

However, according to officials at the Passport, Citizenship and Immigration Agency, under the Constitution of Jamaica as well as the Jamaican Nationality Act, the child born in The Cayman Islands is entitled to Jamaican citizenship once either of its parents is Jamaican. But, until the parents apply for this status by attaining a 'Certification of Jamaican Citizenship', the child is not considered a citizen of Jamaica.

Such children, based on definitions provided under international law, are regarded as 'stateless children' or 'aliens'. International law defines a stateless person as someone "who is not considered a national by any state under the operation of its law".

Manderson says he is not aware of stateless children living in The Cayman Islands, pointing out that every child born in The Cayman Islands, whether to Caymanian or non-Caymanian parents, has a right to citizenship. Parents, he says, are given a period of sometimes more than six months to apply for a Jamaican passport from the relevant authorities. The child then takes on the nationality of one or both parents and is allowed to stay in the islands as a dependant of its parents. "This child is in no way treated inferior to any other child," he states.

reason for change

Meanwhile, in an article published in the Cayman Net News on September 5, a former minister of education, now an advocate of human rights, alleged that the change in the law is believed to be the result of reports of non-Caymanians coming to The Cayman Islands just to have children. There were fears that allowing children Caymanian status could result in their parents and siblings justifying reasons to stay on. "This is just an excuse to exercise prejudices against certain nationalities," the education minister said in the Net News article.

While The Sunday Gleaner was unable to get the exact number for children born to Jamaicans in The Cayman Islands since March 1977, and who have been refused Caymanian citizenship, sources claim the number is in the thousands.

- A.R.