A submission from the Lawyers Christian Fellowship and the National Church Alliance, activist groups seeking changes to the provisions of the proposed Charter of Rights, were severely criticised Wednesday, with one senator fearing it could give rise to intolerance.

BURKE... sided with lawmakers

The church groups' proposed the insertion of the words, "and in keeping with the aspirations and norms of the Jamaican people" as a qualification to the phrase "free and democratic society" in the Charter.

Government senator Trevor Munroe called the proposal 'retrograde', placing his objection on record; as did parliamentarian KD Knight (PNP-East Central St Catherine).
Their position was supported by the Roman Catholic Archbishop of Kingston Lawrence Burke.

"I have the gravest disquiet, reservations and, at this stage, opposition, to the proposal being placed before us to qualify free and democratic society with the terms proposed," said Munroe, a university professor and expert in the study of governments.

Arguing that the move would counter the intent of the concept of universality of rights, Munroe said the qualification of freedom proposed by the christian groups could give rise to intolerance.

MUNROE... it's a retrograde step

"The insertion of this would be a retrograde and backward step which is not, I am sure, the intention, but could easily be the outcome in a country where norms are now being impacted in such a way as to rekindle intolerance, for example," he said.
"What is the norm of the Jamaican people? - intolerance of certain kinds of religion; Intolerance of political affiliation; vigilantism.

To insert a qualification of this nature to what we have proposed - 'free and democratic society' ... would reverse, not only the global understanding of the universality of rights, but would open the door for Jamaican society to regress to norms which we have moved beyond, but which may be reappearing."

The courts, he added, may end up having to interpret these rights.
Shirley Richards, spokesperson for the christian groups, said that she saw the validity of Munroe's points, but continued to push for the amendment.

But Archbishop Lawrence, in support of Munroe's position, argued that all groups deserved protection under the constitution, even those whose lifestyles were unacceptable to the church, suggesting that the proposal could have a negative impact on the vulnerable.

"... If we look at the norms of our present society where we have all of this promiscuity and so many children being born out of wedlock - is that what we are going to describe in interpreting this (norm)?" he asked.

"We look at the fact that we are so homophobic and it was mentioned earlier how we have to protect the rights of our homosexuals, even though we don't approve of what they do. But they have certain rights.

"We also you know, and I don't want to open up a Pandora's Box here, but we are particularly concerned about this whole question of a conscience vote on the area of capital punishment. Because again, it is the norm of our society to be for capital punishment. But some of these norms are not norms that are well thought out," he said.

Knight said that he would be surprised if the court, in making a decision on what would be necessary in a free and democratic society, would not take into account the norms of the Jamaican people.

"When the court looks at the legislation to determine whether or not (it) is demonstrably justified in a free and democratic society, one of the things that the court must do, in my submission, is to look as to whether or not that piece of legislation is in the public interest," said Knight.

"So those who harbour the view that to deal with the public interest is inimical to the preservation of rights must, for God's sake, think this through again."

Senator AJ Nicholson, chairman of the committee, said that the phrase was unlikely to be included in a constitution but suggested that it ought to be the watchword.
He said he wished christians would be equally strident in supporting the move away from the Privy Council as the island's final court of appeal and its replacement with the Caribbean Court of Justice.

balfordh@jamaicaobserver.com

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