Tells Human Rights Watch that only Jamaicans can set legal agenda

The Government yesterday reprimanded Human Rights Watch for what it described as insensitive handling of the group's research report on Jamaica's treatment of homosexuals and bluntly told the New York-based organisation that it has no say in the crafting of Jamaican laws.

WHITEMAN. we are certainly not about to respond to any organisation, external to the country, which may want to dictate to us how and when to deal with the laws of our land

"We. as the duly elected representatives of the people feel that it is the people who must set our agenda in respect of the legislation which we pass or the repeal of any existing laws," Information Minister Burchell Whiteman said in a statement responding to the American group's call for legal and constitutional reform here to address perceived biases against homosexuals.

Added Whiteman: "We are certainly not about to respond to any organisation, external to the country, which may want to dictate to us how and when to deal with the laws of our land."

On Tuesday, Human Rights Watch (HRW) released its 81-page report titled 'Hated to Death - Homophobia, Violence and Jamaica's HIV/AIDS Epidemic' at a news conference in Kingston and called on the Government to:

. repeal laws against buggery;

. amend the anti-discrimination clause in the Charter of Rights and Freedoms in the Jamaican Constitution to include 'sexual orientation and gender identity' and 'sex'; and

. open itself up to international scrutiny by ratifying conventions against torture.

The group also claimed that homophobia in Jamaica was impacting negatively on the treatment of people with HIV/AIDS, and specifically named Prime Minister P J Patterson and Health Minister John Junor for refusing to approve recommendations by technocrats to abolish anti-gay laws.

Although the report gives some credit to the health ministry's handling of the HIV/AIDS problem, it charged that "other parts of Jamaica's Government undermine these important efforts by condoning or committing serious human rights abuses".
But yesterday, Whiteman said it was inappropriate for Human Rights Watch to link the homophobia issue to the response to the HIV/AIDS epidemic.

"The Government of Jamaica, through various ministries and agencies, has taken measures to arrest the HIV/AIDS epidemic," Whiteman said.
He also expressed the Administration's concern that the group's stated policy was to release its report to the public and the Government simultaneously.

"This Government is open to the sharing of public information," Whiteman said, "but proper procedures, rules and courtesies must always apply. HRW seems not to accept that the duly elected government of a sovereign nation has a right to hear and respond to the views of those who are accommodated by our country and claim that they wish to improve the quality of life of our citizens."

The Government, he added, "welcomes dialogue in these circumstances rather than public confrontation".

Human Rights Watch's charge that the Jamaican police, in some cases, "harass and attack men they perceived to be homosexual" also elicited a response from Police Commissioner Francis Forbes who wrote to HRW researcher Rebecca Schleifer asking her for specific information to support the charge.

"Consequent upon you making a public statement in this matter, it is the view of the High Command of the Jamaica Constabulary Force that the matter be investigated with the utmost urgency," Forbes said.

"We are therefore requesting a written report, in addition to any other material/information which you consider to be helpful in this investigation. At the completion of our investigation, we will then invite you to participate in a face-to-face discussion on the matter at which time our investigators will be in attendance," Forbes said.

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