J-FLAG is urging the Jamaican Parliament to make provisions to protect the human rights of all Jamaicans, and provide a framework to reduce discrimination against all persons including lesbians, gays, bisexuals and transgenders (LGBT); persons with disabilities and persons affected by particular health conditions such as HIV in the Charter of Fundamental Rights and Freedoms.
J-FLAG wishes to advise that this Charter should serve as the basis of human rights recognition for all in a society, where its basic laws are based on the concepts of inclusivity and dignity, and on an appreciation of contemporary science on human sexuality, not on prejudice, fear, habit and misinformation.
Lesbian, gay, bisexual and transgender persons continue to be the victims of extortion, physical abuse and harassment by non-state and state actors. In 2010, over 40 incidents of human rights violations were reported to J-FLAG. These incidents are infringements of human rights and reflect the harmful effects of the country’s attempt to legislate the practices of consenting adults. In fact, Jamaica continues to receive pointed criticism for the lack of political will to more comprehensively ‘promote the human rights of our people, including the poor; and the most vulnerable and marginalized groups’ (PIOJ, 2009:14)[1].
Therefore, J-FLAG encourages the House of Representatives and the Senate to use the opportunity that now presents itself to ensure that such vulnerable and marginalized groups are protected under the non-discrimination clause of the Charter. Passing the Charter of Fundamental Rights and Freedoms without clear recognition that disability, health status and sexual orientation are the grounds for non-discrimination in Section 13 (3)(i) would be to undermine the strides that have been made globally to guarantee human rights for all persons in a society. At a minimum, J-FLAG proposes that Section 13 (3)(i) of the Charter of Fundamental Rights and Freedoms simply reads ‘the right to freedom from discrimination”.
This Parliament now has an opportunity to demonstrate leadership and end the perpetuation of human rights abuses of vulnerable and marginalized populations. This is crucial because the Charter of Rights, as Hon. Edward Seaga (2010) advises, could ‘become an effective tool to foster the development of a dynamic society’.
Prime Minister Bruce Golding, having acknowledged to J-FLAG in writing on June 2, 2008, that violence against gays and lesbians should “be condemned, discouraged, investigated, prosecuted and punished with vigour and determination” should now ensure that this group is guaranteed protection in the Charter of Rights.
We urge the Parliamentarians to bear in mind that persons have been, and continue to be, severely abused and discriminated against because of their sexual orientation and/or gender identity, health status and disabilities. J-FLAG asks that they condemn these acts of violence by translating our international commitments and obligations into local law, ideally in our Charter of Fundamental Rights and Freedoms at this time. Indeed, it is our view that the Charter of Fundamental Rights & Freedoms is a crucial piece of legislation that must articulate the promotion of human rights for all vulnerable and marginalized populations that are not already included.
ENDS
Notes
The J has probably forgotten the trick played on us via the invented gay marriage debate by this very Prime Minister but at least this press release is worth it but the timing is too late I fear we should have been pressing all through the debate(s) from the very time the 2006 draft was changed with the removal of what little protection existed when the Lawyers' Christian Fellowship made agitations in Parliament to that effect.
Remember this?: Bruce Golding on No to Gay Marriage
".....those values from time to time as humanity proceeds will be placed under stress and there is the pressure for change as indeed there is now, a society must determine the changes it will embrace and the changes it will reject and defy. We are determined to resist the pressure to recognise homosexuality as an acceptable form of relationship between human beings.
Do we run risks in doing so Mr. Speaker? Yes we do, Have attempts been made to discourage tourists and investors from coming to Jamaica? Yes, not once not twice several times and quite recent times, the gay rights lobby is international it is strong it is aggressive, it wheels significant influence and have conquered important councils of power and authority with which we have to interact but we remain steadfast in our determination that the values and culture must be protected and preserved. Other countries are free to make their choices, we must be free to make our own."
It's a done deal as far as I can see we will not be included this time around.
Also see Opposition sides with Govt on No to Gay Marriage a great smoke screen to screw us up. They only showed some concern here: Opposition, People's National Party condemns anti gay comments as dangerous precedence from GLBTQ Jamaica.
PLEASE SEE THE REPORT OF THE JOINT SELECT CMT from 2006 HERE
Peace and tolerance
H
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