also see a previous post: Justice Minister exploits homophobia to gain CCJ support
We've always held Senator Mark Golding in high regard. For we have found him to be rational and one who applies intellectual rigour to debate.
We don't always agree with Senator Golding's positions on some issues, but we have always admired and respected the passion with which he defends his views, as well as the fact that he doesn't seem to engage in trying to impose his opinions on other people.
Therefore, we were extremely surprised to hear Senator Golding, who is also the minister of justice in the current Government, resorting to what amounts to scaremongering in a discussion on the Caribbean Court of Justice (CCJ) last Sunday.
The debate on the Government's intention to replace the United Kingdom-based Privy Council with the CCJ as Jamaica's final appellate court has been vibrant and, indeed, healthy for our democracy.
Senator Golding and his colleagues in the Government have raised a number of arguments to support their position, among them is that the Privy Council represents one of the last vestiges of colonialism, and that the CCJ is set up as an itinerant court, whereas the Privy Council is not.
The latter point, however, is not supported by the Privy Council's offer, made five years ago, to hear cases in Jamaica.
Proponents of the CCJ have also argued that the judges of the Privy Council are not au fait with Caribbean culture, as opposed to those who sit on the CCJ.
On Sunday, Senator Golding, in making his case for the CCJ, pointed to the fact that the Privy Council is resident in England, a country that recognises same-sex unions.
He also said that he had no doubt that the buggery law will be tested in the Constitutional Court of Jamaica, and that that test will be taken to the final court.
"We feel that it's appropriate that when that goes to a final court, it should be a final court of judges that come from the societies of the Caribbean which share a common identity, a common history, a common culture, and a common set of values around these issues," Senator Golding said.
He then said that the Privy Council reflects the values of contemporary British society, which has essentially embraced the rights of the LGBT community.
With that in mind, he proposed that it was appropriate that, when the challenge is made to the buggery law, "decisions on those types of issues should be by a final court that comes from the same place that we are".
What Senator Golding is trying to accomplish here is fear of the Privy Council in order to manipulate Jamaicans' opposition to same-sex unons. It is, we believe, most unbecoming of him. It also flies in the face of his Government's position on the Buggery Act, which was clearly stated by Prime Minister Portia Simpson Miller in the National Leadership Debate just before the 2011 General Election, when her party was in Opposition.
Since that debate, the Government has not kept its word to review the buggery law, a fact that has disappointed the LGBT community, even as we all know that the Administration will not move a muscle to keep the promise as it would infuriate the wider society.
But even more troubling is the perception to be drawn from Senator Golding's remarks that the CCJ would not form an independent opinion on this issue. For, implicit in his comments is the spectre of political interference in the CCJ, and there, we hold, is where many Jamaicans have a concern.
ENDS
The minister' pitiful response only makes matters worse in my views when he was interviewed on Nationwide. His response in part was:
"The point I was seeking to make which was at a small church hall meeting in Vineyard Town; to create a final court is a fundamental issue because it's a final court as the ultimate arbiter of legal issues in your country; and especially it is the final court that interprets and applies the broad principles in one's constitution especially the charter of rights; my own view is that at this time 'round in our country we ought to have a final court reflects who we are and comes from the societies of the Caribbean that share a common history as I said; values and attitudes and cultures and mores.
Sometimes the issues that go to the final court are not just clear cut issues of applying law to fact but rather applying the broad political views expressed in the charter of rights for example ....."
It is not worth my time quoting the rest of this garbage basically as he only repeated his stance in a continued long-winded response.
So the conscience vote is out, the buggery review is out, sensible discussion in the upper house is out and hence the push to take on a court that we feel will preserve the old 482 year old buggery law.
Pick sense out of nonsense yah man.
Peace & tolerance
also see:
JFLAG Tries to Clarify its Agenda
"Outdated" Bail Laws to be changed but Buggery Laws remain ... how convenient Mr.Golding? 2010
Jamaica Observer deliberately aiding the further discrediting of the remaining LGBTQ credibility
also see:
JFLAG Tries to Clarify its Agenda
"Outdated" Bail Laws to be changed but Buggery Laws remain ... how convenient Mr.Golding? 2010
Jamaica Observer deliberately aiding the further discrediting of the remaining LGBTQ credibility
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