Parliament Passes Charter Of Rights .......

by Daraine Luton, Gleaner Senior Staff Reporter

PARTISAN POLITICS found no place in the House of Representatives yesterday when it became apparent that members have successfully taken a giant step towards amending the Constitution.

Even before Heather Cooke, clerk to the Houses of Parliament, could announce the passage of the Charter of Rights in the lower house at 5:59 p.m., members rose in one accord, thumping desks and smiling gleefully. They have been able to complete a journey of constitutional amendment which began in the 1990s.

"Unity is strength," shouted West Portland representative Daryl Vaz, applause drowning out his voice.

The Charter of Rights, which required a two-third majority of the vote, received unanimous support from the 51 members who were present for yesterday's sitting.

Eight members of parliament - Dr Peter Phillips, Natalie Neita Headley, Olivia Grange, Michael Peart, Dean Peart, Dr Patrick Harris, Roger Clarke and Kern Spencer - were absent from the vote.

The South West St Catherine seat is the only vacant one in the 60-seat house of representatives.

Even before the vote, Prime Minster Bruce Golding was revelling in the moment. He said the Charter of Rights, which is to replace Chapter III of the Constitution "represents what our people are entitled to".

Human-rights obligation

The Charter of Rights places on the State an obligation to promote universal respect for, and observance of, human rights and freedoms for all persons in Jamaica and affords protection to the rights and freedoms of persons as set out in those provisions.

The Charter of Rights dictates that Parliament shall pass no law and establish no organ of the state which abrogates, abridges or infringes the fundamental rights of citizens.

Meanwhile, the House also passed another constitutional amendment which is intended to nullify the Pratt and Morgan ruling of the United Kingdom-based Privy Council.

Based on the Pratt and Morgan ruling by the Privy Council, a condemned man cannot be executed if his process of appeals lasts more than five years from the date of his sentencing. The amendment has removed the five-year stricture making it easier for the carrying out of capital punishment.

Central Kingston Member of Parliament Ronald Thwaites abstained from voting on the amendment.

The House was, however, plunged into laughter after East Hanover MP Dr D.K. Duncan voted for the amendment, going against his conscience.

"I am sorry. I made a mistake," Duncan said after he enquired if he could change his vote and was told no by Speaker Delroy Chuck.

The Senate is to vote on the constitutional amendments before the parliamentary year ends in just over a week.

If the amendments are not approved by the Senate then the process would have to be re-started next parliamentary year.

daraine.luton@gleanerjm.com

ENDS

Notes:

Never forget these two folks who are mostly responsible for the removal of the draft clauses from old version of The Charter of Rights that offered some protection to lgbt people though not directly stated as such at the time, they feared that the then clause would leave room opened for gay rights groups and others to challenge full legalization of homosexuality and the sanctioning of gay marriage in their eyes:

Anti Gay and restorative therapy advocate Rev Al Miller (right) who is scheduled to return to court today for aiding a fugitive, pastor of Fellowship Tabernacle Church, confers with always panicking Shirley Richards of the Lawyers' Christian Fellowship (LCF), as Church leaders and the LCF joined forces and urged the Joint Select Committee of Parliament, which is examing details for a new Constitution, to allow the group to make a presentation on the proposed Charter of Rights in March 2006. - Rudolph Brown/Photographer Gleaner

See the Observer's take on it here:

PASSED! - 51 MPs vote in favour of Charter of Rights Bill

"The Bill, which has been before Parliament for nearly 17 years, provides for the protection of property rights; protection from searches; respect for private and family life and privacy of home and of communication; and the entitlement of every child who is a citizen to publicly funded education, in a public education institution at the pre-primary and primary levels, among other things.

The JLP, in its manifesto leading to the 2007 general elections, had pledged to seek entrenchment in the Constitution of a new Charter of Rights to guarantee the fundamental rights of every citizen and establish a Citizens' Protection Bureau. The bureau is expected to have expanded powers to defend the rights of and secure redress for citizens whose constitutional rights may be violated.
Commenting ahead of the historic vote yesterday, Simpson Miller said the Opposition had decided to take the high road as far as completing the discussions on the Charter was concerned.

"The Charter of Rights and Freedoms was started by our administration... and the present Government completed the charge. In our almost 49 years of Independence we have never had an amendment of an entrenched Constitutional provision largely because an Opposition could not resist using the effective veto to reflexively frustrate the policies of the Government of the day and I am pleased to declare that this Opposition is going to take the historic and progressive decision that we are putting principle and the interest of the people above party politics," she said."

Meanwhile Letter writing campaigner and activist returned to business after a short hiatus following a threat issued to him via email, he contended in his last letter to the Gleaner that:

".............Ideally, this charter should be as inclusive as possible and create a framework for a consistent approach to the rights of all Jamaicans, including the minority of those whose sexual orientation currently makes them vulnerable to hate crimes and other forms of institutionalised discrimination.

Currently, institutionalised discrimination is inconsistent in Jamaica. On the one hand, Section 13.1 of the 2004 revision to the Public Service Staff Orders - which has the force of law - prohibits discrimination in the civil service on the grounds of, inter alia, sexual orientation. On the other hand, the proposed charter, which will govern all other Jamaicans, contains no such grounds for non-discrimination.

Further, the proposed charter re-entrenches the country's 1864 anti-buggery law, despite the fact that this law has been held to constitute discrimination on the basis of sexual orientation by treaty bodies to which Jamaica has subscribed.

Whoever drafted the 2004 Public Service Staff Orders understood that no good purpose could possibly be served by criminalising the private lives of consenting adults. This progressive and enlightened view needs to be reflected in the Charter of Fundamental Rights and Freedoms."

I am, etc.,

MAURICE TOMLINSON
maurice_tomlinson@yahoo.com
Montego Bay