THE right to freedom of expression, like several other rights we enjoy, is enshrined in our Constitution. It is an important right and should always be protected. The right to freedom of expression confers on every citizen, rich, poor and whatever race, the right to freely express his/her opinion on any matter that he/she believes he/she should comment on. In addition to freedom of expression, our constitution also gives us the right to freely assemble with whomever we wish to assemble with. This is known as freedom of association. We are also entitled to freedom of movement, that is to say the right to move about the country in all public spaces, meaning roads, highways, streets and anywhere that is not private property. We are entitled to move about in these spaces once we comply with the law.

Jamaicans exercise these rights provided to us by the constitution and this is all a sign of a healthy democracy. However, in exercising our rights we should always bear in mind that we are not entitled to so exercise our rights that we deny other’s citizens their rights our abuse the rights of other citizens in the process of enjoying our rights. Over and over we have seen instances where people demonstrating, whether for a just cause or not, conduct their demonstrations in a way that violates the rights of other citizens. Perhaps the time has come for the Government, the Opposition, the police and civil society to agree on certain basic principles that should be adhered to during demonstrations. When demonstrators block roads, light fires destroying the road surface, trespass onto private property and cut trees falling them across the road are all instances of people who, in demonstrating, violate the rights of other citizens.

Recently there was a demonstration in the Portmore area of St Catherine by citizens who were complaining about the lack of an adequate water supply to their community. These demonstrators blocked the Dyke Road which is the main connection between the leg of the highway bypassing Spanish Town and the Portmore to Kingston highway. As a result, thousands of commuters were denied the right to go about their business and to meet their appointments.

There were at least three people on their way to medical appointments in Kingston who failed to meet their appointments because they could not get through on time. There was also at least one person who missed her flight out of Norman Manley airport, and her story is terrible. She should have been at the airport at 9:00 am. She got to Dyke Road at 7:00 am, but was only able to reach Kingston after 9:00 am as her driver, in attempting to bypass Dyke Road by going through other areas of Portmore, missed his way on many occasions and ended up lost. By the time they found themselves back onto the Kingston to Portmore highway she was too late to get to the airport. In addition to these experiences several workers were late for their jobs and several students were late for school.

The people who were denied freedom of movement by the demonstrators saw their constitutional rights abused by the demonstrators who purported to exercise their right of freedom of association by gathering at a demonstration and freedom of expression by bearing placards shouting for water. The children who were prevented by the demonstrators to get to school on time have no authority or power to supply these persons with water. Neither do the people going to their medical appointments or the person going to the airport. It follows that these demonstrators abused the rights of fellow citizens as they sought to enjoy their rights. No citizen is entitled to more rights than another citizen. We are all equal before the law and we should all accept this equality of status.

The approach I propose to both political parties, the police and civil society is that they come together and see if they can agree on a framework or set of guidelines that people demonstrating should adhere to. These guidelines should include the agreement that no demonstration should be conducted in a way that blocks the public thoroughfare. Instead, demonstrators should be encouraged to line the road with their placards and allow others using the road to pass by peacefully. They should also agree that demonstrators should never trespass onto people’s private property, cut down their trees and throw them across the roadway. Demonstrators should not block the access of motor vehicles and pedestrians using the thoroughfare. Most importantly, demonstrators should never bring minors into their demonstrations. Instead they should protect the innocence of children and ensure that there is no chance of their demonstration being conducted in a way that is a danger to the public, but in particular to the disabled, the aged and to children.

We are approaching the period leading up to a general election. It is highly likely that there will be demonstrations over just about anything. This is a good time for the parties, the police and civil societies to make an effort to agree on a way that will see citizens enjoying the right to demonstrate while remaining cognisant of the rights of persons who use our highways and who are entitled to go about their business peacefully and without obstruction.

Linton P Gordon is an attorney-at-law. Send comments to the Observer or lpgordon@cwjamaica.com.