I am just wondering what Cayman’s policy is on Muslim women wearing burkas in public in Cayman. Also, do they have to remove them when coming through the airport security as they do in France? It was the strangest sight to see a woman with full face covering and long black robes at a local supermarket in our little country…just curious …


Auntie’s answer: What an important question, especially in light of horrific events worldwide and unfortunate rhetoric being ignorantly spouted by politicians on both sides of the Atlantic.

One of the great things about living in the Cayman Islands is the diversity of the population, despite the size of the country. That diversity extends to the nationalities represented (more than 130, I believe) as well the religions practised (pretty much all them). Even better, within this diverse community, I think it is fair to say that most people are able and willing to get along with fellow residents. It is a pretty harmonious mix.

Nevertheless, I am very happy to step in to shed a little light on the proper (and legal) treatment of a member of a specific religious group, though I did ask for help in navigating the way.

I called on the Human Rights Commission (HRC) for guidance and a representative was very thorough in explaining the ins and outs of religious freedom as laid out in the Bill of Rights under the Cayman Islands Constitution.

The relevant passages are found in Section 10, “Conscience and Religion”. The section begins by saying that “No person shall be hindered by government in the enjoyment of his or her freedom of conscience”, which includes freedom of thought and of religion or religious denomination along with the freedom, both publicly and privately, to “propagate his or her religion or religious belief in worship, teaching, practice, observance and day or worship”.

While this freedom is clear cut, the HRC official was careful to point out one important caveat: “The right to conscience and religion is a qualified right, meaning the right can lawfully be restricted or taken away by the Government in certain broadly defined circumstances, where it is reasonably justifiable in a democratic society to do so …”

Those justifications include the interests of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of adherents of any other religion or belief.

I realise that is a mouthful, but I think it is important to lay it all out. The HRC official then explained that Section 19 of the Constitution (Lawful Administrative Action) states, “All decisions and acts of public officials must be lawful, rational, proportionate and procedurally fair.” Based on this section, she said, “(T)here is no restriction on someone wearing a burka in public, as long as a similarly proportionate approach were applied if it was deemed necessary to require her to remove it to confirm her identity or for some other reason.”

All right, that answers the first part of your question. As for what someone wearing a burka would face when going through airport security, I checked with the Cayman Islands Airports Authority (CIAA). A spokesperson assured me that women wearing burkas would be privately checked and searched by another female behind panelling which creates a private space. Understandably, the CIAA representative explained, “We need to see the passenger’s face to verify the travel documents.” The CIAA follows similar guidelines as the US Transport Security Administration and the UK Department of Transport.

Since this situation can arise when dealing with other government sections, the HRC official added, “In circumstances where the CIAA (or other relevant government departments such as the Immigration Department, Customs Department, and Royal Cayman Islands Police Service) need to be able to confirm an individual’s identity, they would be entitled to require the wearer of a burka to remove that part of it which covers her face, notwithstanding that this would potentially interfere with her right to manifest her religion.

“Importantly though, allowances would also need to be made to respect her religious rights, and this is why the question of proportionality … is so important – it allows government to interfere with religious rights only to the extent necessary to achieve an objective reasonably justifiable in a democratic society.”

For the scenario the reader asked about, the HRC official explained, “(T)he reasonably justifiable objective is the interests of public safety. A proportionate response, which would meet the security (public safety) requirements of the situation without interfering unduly with the traveller’s human rights, might be a sensible policy that allowed her to show her face and confirm her identity to female security officer in a private room.”

I am glad to know that is what the CIAA said it would do.