Lawmakers fears Christian lawyers want to curtail freedoms
June 18, 2006
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.
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.
"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....
Author: Balford Henry
Source: Jamaica Observer
