The Star News has joined the media coverage of the challenge to the buggery law via a former J-FLAG rep Gareth Henry and another individual but questions are being raised in certain circles as to the truthfulness of some of the parts of the challenge from within the community.
Why are there two challenges one from IACHR and now this latest one? are some of the questions being asked to which no credible answers seem to be coming. One answer suggested the following " .....seek to read both petition, then we could have a conversation after, as you would be knowledgeable of the content of both and able to see the difference and understand why. So often we jump to baseless conclusions, fuelled by varying agenda.PS. There are no limits on number of petitions that Jamaica or any gay Jamaican can submit to IACHR once you have a case they will be deem admissible and the resources to do it, well why not?"
The hostility towards objective concerns being raised by ordinary LGBT citizenry is disturbing as former Jamaican advocates who now reside overseas tend to have a condescending tone to those on the ground here since this issue has made news.
October 26th last year I had posted that legal challenge on sister blog GLBTQJA on blogger Here was the justification from AIDSFREEWORLD at the time.
Why isn’t AIDS-Free World challenging this Jamaican law in Jamaican courts?
The Jamaican constitution has a relatively unusual clause in it called the “savings law clause,” which protects Jamaica’s anti-sodomy law from being contested in Jamaican courts. When the new Jamaican Charter of Rights and Fundamental Freedoms was passed in April 2011, it contained a provision stating that any pre-existing laws relating to sexual offenses (such as the anti-sodomy law), pornography, or abortion were “saved” from constitutional review. This legal protection immunizes the anti-sodomy law from challenge in Jamaican courts, and made it impossible for AIDS-Free World to assist Jamaican lawyers to bring a case in Jamaica. Consequently, our only recourse for challenging the law was to go to the IACHR.
Where is AIDS-Free World challenging this law?
AIDS-Free World is challenging the anti-sodomy law before the Inter-American Commission on Human Rights (IACHR), one of two institutions in the 35-country Americas region that exist to promote and protect human rights. (The other is the Inter-American Court on Human Rights.) The regional umbrella organization that brings together these 35 countries to discuss a wide range of issues, including democracy, human rights, security, and development, is called the Organization of American States (OAS). The IACHR and the Inter-American Court on Human Rights fall under the authority of the OAS. Their activities are focused on the human rights situation in the 35 countries that make up the Americas region.
Meanwhile see the Star News headline, see what you make of it:
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Two homosexual Jamaicans have mounted a legal challenge against the laws of the island, which in effect criminalizes the act of homosexuality, on the basis that they are unconstitutional and promotes homophobia throughout the Caribbean.
According to the article published on www.guardian.co.uk last week, this landmark action, which is being supported by the United Kingdom-based Human Dignity Trust, is aimed at removing three clauses of the island's Offences Against the Persons Act of 1864, commonly referred to as the buggery laws.
In Clause 76 of the act, while not formally banning homosexuality, provides for up to 10 years' imprisonment, with or without hard labour for anyone convicted of the "abominable crime of buggery committed either with mankind or any animal". Two further clauses outlaw the attempted buggery and gross indecency between two men.
culture of hatred
The mounting battle over the legislation is being blamed by critics for perpetuating a popular culture of hatred against homosexuals as is evidenced by the derision of these men in dancehall music, the article notes.
It continues that the legal challenge is being taken to the Inter-American Commission on Human Rights, which is modelled on the European Court of Human Rights to which Jamaica is not a full member. However, any ruling being made by the court would only be advisory and would nevertheless send out a strong message of international disapproval.
The article quotes the executive director of the Jamaica Forum of Lesbians, All-Sexuals and Gays (J-Flag) as saying, "This year there has been nine murders. The violence in Jamaica is having a spillover effect on other parts of the Caribbean: St Lucia now has a murder every year or so," he said.
An executive chief of the Human Dignity Trust and a London barrister was also quoted as saying, "We want to ensure that Jamaica satisfies its international human rights treaty obligations. We are supporting J-Flag in this case," said the
executive chief.
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One body arguing to preserve the Offences Against the Persons Act is the Lawyers' Christian Fellowship of Jamaica. The Office of the Prime Minister in Jamaica did not respond to enquiries made by The Guardian, the article concluded.
In the meantime, other legal challenges have been mounting in recent weeks, as an attorney has taken the decision to bring two of Jamaica's major free-to-air television stations to court claiming a breach of his human rights for failure to air an advertisement.
ENDS
Meanwhile take a look at this:
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