Harding warns against discrimination based on language, sexual orientation

BY ALICIA DUNKLEY Senior Staff reporter dunkleya@jamaicaobserver.com

Wednesday, April 06, 2011

PRESIDENT of the Senate Dr Oswald Harding has urged that the issue of discrimination on the basis of language and sexual orientation not be swept under the carpet, with the passage of the long-awaited Charter of Fundamental Rights and Freedoms which will replace Chapter III of the Constitution.

Speaking in the Senate last Friday during the clause-by-clause examination of that Bill, Dr Harding said his comment was prompted by a newspaper editorial titled "End discrimination towards gays now" which argued, among other things, that "legislators should expunge the buggery law, the main bit of existing legislation that makes homosexuality illegal" and questioned why the new Charter had provided for "no freedom from discrimination because of a person's sexual orientation".

Said Harding: "As someone who deals in philosophy of law, it is something that needs to be considered and I don't think we can just throw it out the window. The reason I say this (is that) we talk about parliamentary rights and freedoms but let us not make jokes about whether people have inclinations or so, the question is, it is an arising problem.

"I happen to have a lawyer who is on my staff and he wrote a letter to the newspaper and his life has been threatened. Now I don't think there is anything amusing about that, or anything to laugh about. We have two issues that we can't perhaps face now but the country needs to face; one is the question of our Creole language and whether it's recognised or not and there is the suggestion that speakers of Creole are disadvantaged. The second one is the question of the rights of people who have different sexual orientation," he continued, despite obvious signs of disagreement with the line of argument from some senators.

However, he said: "The question of marriage is quite a different matter, defined in our law as the union of one man and one woman to the exclusion of all others for life. I mention these things of course because they are not going to go away, they are going to come back long after we have shuttled off this mortal coil, those problems are still going to be here. These matters cannot be pushed under the mat, they are going to come again. We don't have to accept the views but at least we could give some consideration of them."

Leader of Government Business in the Senate, Attorney General and Justice Minister Senator Dorothy Lightbourne, however, said: "The other issues over sexuality were fully ventilated during the Joint Select Committee meetings but the debate continues, we know that..."

At the same time, Harding expressed solidarity with Leader of Opposition Business in the Senate Senator AJ Nicholson who had once again voiced disappointment that the Senate had not allowed more room for Professor Hubert Devonish (head of the Department of Language at the University of the West Indies, Mona) who had proposed that the Constitution should guarantee freedom from discrimination on the ground of language to make his case to that body.

Nicholson had said the Senate had not kept its promise to Devonish and his group to allow them to present the work which they were asked to do and urged that the senate apologise to Devonish and explain that it was too late for the proposed amendment at this point but encourage him to continue his work to help Jamaicans understand the Charter. Devonish had presented a paper containing his proposal to a Joint Select Committee of Parliament which had been deliberating the amendment to the Constitution.

That same matter prompted a last-minute call from Public Defender Earl Witter for the passage of the Charter to be delayed for that inclusion to be made.

On Friday, the Public Defender in a letter to the Senate, which was copied to several people, including Prime Minister Bruce Golding, Opposition Leader Portia Simpson Miller and House Speaker Delroy Chuck, had urged that the Senate before enacting the Charter give an audience to Professor Devonish and the work of the language unit.

Said Witter: "in any event even as I appreciate the Government's determination to press ahead without further delay, with enactment of what is undoubtedly the most fundamental piece of legislation since Independence (if not in all our history), I think it would be wise to have the benefit of Professor Devonish's and the unit's work prior to the Senate giving final approval to the measure today".

"It is therefore my urgent, respectful and humble recommendation that the Honourable Senate reserves the matter for further consideration before proceeding to enactment. This may even obviate the need for amendment before the ink is dry," Witter said.

The University's Language Unit, Witter said, has now found "on empirical grounds that approximately 30 per cent of the Jamaican population could not use or has difficulty comprehending standard English (in which the Charter is written) while nearly 70 per cent have positive attitudes to the Jamaican Creole being embraced as a formal language".

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COMMENTS (7)

Pondering Jamaican
4/6/2011

Thanks Senator Harding for speaking on the issue of discrimination based on sexual orientation despite the displeasure of some of your fellow senators. To discriminate against non-heterosexuals, and worse to have such discrimination endorsed by the laws of the land, is disgraceful for any country. As long as we keep the archaic buggery laws and fail to recognise the right of all to practise their preferred sexual orientation, we will not make any real advances as a country. Full rights for all!!

Jakan 2011
4/6/2011

I hope Mrs Harding is listening keenly! I think it's time Mr Harding retires from our parliament. He is advocating fireworks and other mayhem in Jamaica. 1st COMMANDMENT- Politician must not provoke the populace unto wrath
@ Paul, why yu want to cuss us so? Yu gawn? So wha yu a du yah tiddey 'mongst wi?
By the way Paul there are many prominent gay men living in Jamaica and no one has harmed them. Why? They do not try to tell us to love it, or even love them. We choose and decide on that.

pete delisser
4/6/2011

Ive always respected Senator Harding, a very intelligent & dignified public official who really knows & understands the law. He said it well in his comments, perhaps the first public official to speak up & question these issues, as it pertains to human rights (for all), and the Jamaican Charter of Rights. BRAVO!

Kellie Stewart
4/6/2011

Senator Ossie Harding, as always a voice of reason in dark times. Adrian and 2kool, for centuries people had used just such logics to conclude that Negroes were not fully human and there are still people who do and there were laws to that effect. It is ironic how people who themself have suffered such discrimination can become the most vigilant discriminators.

Paul Harris
4/6/2011

When will this INSANITY in Jamaica end? Here we are in 2011 and folks born with with a sexual orientation NOT of their choosing are still (with direct and indirect sanctioning by the laws on the books) marginalized, discriminated, persecuted and physically harmed. I'm so glad I got out of that country at 16 y.o. It will go NO WHERE and always remain a 3rd world entity. The "brain drain" from gays fleeing will continue unabated. Get with the times Jamaica! Justice FOR ALL!!

Adrian Wright
4/6/2011

Please permit me to enlighten those parliamentarians who appear to physically reside in JA but offer up an American/Euro mentality with respect to the establishment of laws. The state of Virginia in the Northeast US do have anti-discrimination laws. They however, do NOT extend to sexual orientation. That behavior or proclivity is not consistent with a 6000 year old moral code. We are Jamaicans and should not baseline our laws based on what laws exist in some states here in the Union. Wake up

2kool .
4/6/2011

..and these are the learned scholars among us. Heaven help us when our leaders and scholars are more backwards than the people they claim can't read.
...AND LEAVE THE BUGGERY LAWS ALONE.

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Harding warns against discrimination based on language, sexual orientation