Not Much has changed since eh….Charter of Rights Bill Deliberations

here is an excerpt from the REPORT OF THE JOINT SELECT COMMITTEE ON ITS DELIBERATIONS ON THE BILL ENTITLED AN ACT TO AMEND THE CONSTITUTUTION OF JAMAICA TO PROVIDE FOR A CHARTER OF RIGHTS AND FOR CONNECTED MATTERS – July 20, 1999.

view the full PDF report here

here we are ten years later and nothing much has changed see former Prime Minister Edward Seaga’s take Charter of Rights/dynamics of development (Part 11) many others are worried about the so called loopholes in the proposed charter that would make “homosexuality” too out there.

Excerpt reading…….
Discrimination on the grounds of sexual orientation

Another issue raised was whether the Constitution should also guarantee freedom from discrimination on the ground of sexual orientation. This issue was raised, in written presentation and by oral address to the Committee, by a group called the Jamaican Forum for Lesbians, All-Sexuals and Gays (J. Flag). The written presentation is attached as Appendix 5. Representatives of J. Flag quoted what was said to be a statement by Professor Edwin Cameron, now a Judge of the South African Constitutional Court, at page 450 of the 1993 volume of the South African Law Times, that “sexual orientation is defined by reference to erotic attraction: in the case of heterosexuals, to members of the opposite sex; in the case of gays and lesbians, to members of the same sex”.

They argued that the Constitutional Bill of Rights and Freedoms should seek to protect the inherent human identity from abuse and that what was included in human identity were those features of a person, or characteristics, that that person was born with. Sexual orientation, they said, was one of those features or characteristics of human identity, in the sense that everyone has a sexual orientation and that that sexual orientation was largely, if not entirely, outside the individual’s control. Homosexuality, they said, was, to the homosexual, as natural and unchangeable as heterosexuality was to the heterosexual.

The balance of scientific opinion, they argued, was weighted in favour of the view that sexuality, including sexual expression, was indivisible from individual identity, and was in the same category as race, gender, or brown or blue eyes. Furthermore, they said, there was no credible evidence or convincing argument that sexual orientation could be changed. On that basis, the representatives of J. Flag argued that sexual orientation should not form the basis of discrimination against, or abuse of, any human being and proposed that the best way to achieve this was to include, in the Constitution, provision for protection against discrimination on that ground. That proposal, they added, was consistent with current international trends.

The Constitution of South Africa, it is to be noted, includes sexual orientation among the grounds on which the state and persons are prohibited from unfairly discriminating directly or indirectly against anyone. The Committee is concerned, however, as to the effect which implementation of that proposal would have in relation to the Marriage Act and the institution of marriage and on parenting. The representatives of J. Flag had themselves conceded that the Marriage Act would be inconsistent with such a constitutional provision. Other matters which the Committee has taken into account include the view of some of its members that the proposal by J. Flag challenges Christian society, and that, as heterosexuality is what assures the perpetuation of the human race, homosexuality could be regarded as a challenge to the existence of the human race.

These views, of course, are not shared by the representatives of J. Flag. It is important to record that the representatives of J. Flag have stated that they regard the legislation which criminalizes buggery between persons as the essence of discrimination against homosexuals, particularly in relation to its enforcement against male homosexuals, and, therefore, that if a recommendation for the repeal of that legislation in relation to consenting adults in private is as far as the Committee would be prepared to go, they would be grateful for that concession.

The Committee urges J. Flag to carry out further research as to
(i) the Constitutions which guarantee protection against discrimination on the ground of sexual orientation;
(ii) the laws which would be inconsistent with such a constitutional provision;
(iii) scientific data as to the causes of homosexuality;
and (iv) whether there has been an increase in homosexuality following on such a liberalization of the law in other countries.

The Committee is not at present disposed, however, to include in the Charter of Rights a guarantee of protection from discrimination on the ground of sexual orientation, because of the implications which this would have, in particular, its implications in relation to the institution of marriage and questions of parenting. It would, however, bring to the attention of the Government, as a matter for consideration, the issue of the repeal of the provisions of the Offences Against the Person Act in so far as it relates to the offence of buggery between consenting adults in private.

see also the Parliamentaty submission by JFLAG HERE & HERE

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Author: GLBTQ Jamaica Moderator

Activist and concerned gay man in Jamaica with over 19 years experience in advocacy and HIV/AIDS prevention work, LGBT DJ since 1996.

1 thought on “Not Much has changed since eh….Charter of Rights Bill Deliberations”

  1. THE CURE for HIV/AIDS…….AMBUSHTHE IDEA that AMBUSH cures AIDSis being proven by the more than 400 individuals who have taken a dose of 60 ml three times daily for 21 days. The result is that AMBUSH ‘KILLS’ the virus by causing the protein envelope to rupture and the viral particles are discarded by the white blood cells. AMBUSH is able to ‘KILL’ the virus that are ‘hiding’ in the lymph system by its ‘natural radioactive’ properties. This process allows the body to ‘return to normal health’ with a corresponding immunity to that or those strains of the virus.What is AMBUSH ?AMBUSH is a radioactive isotope of uranium that is found in the ‘palm’ plant of which there are more than 3000 species. When ingested, AMBUSH causes the body temperature in the trunk area to rise to about 102 degrees when the individual is sleeping. The preparation takes four hours per batch, which is then given to the individuals for consumption 60 ml three times daily for 21 days. AMBUSH is a herbal preparation in this form but it contains an active ingredient which is a ‘NEW’ crystalline substance, a drug from the ‘palm plant’ similarly to ASPIRIN originating from the willow tree barkRESULTS:After 21 days on AMBUSH, ALL the individuals experienced a decrease in viral load to undetectable, an increase in cd4, increase in RBC, an improvement in general health such as more color to the face, decrease in Buffalo hump, an increase in gluteal muscles, a decrease to having no joint pains whereby individuals can bend to touch their toes, and walk up steps are but a few examples. There is also a dramatic increase in their sexual appetite beginning after the first week of therapyDISCUSSION:In any plant concoction such as percolated ‘tea’, there are 30-40,000 compounds, whi ch would take the scientific community twenty years to isolate one particular ingredient if they knew what they were looking for. The LORD GOD has given me seven steps to isolate the active ingredient, which is soft and metallic in nature and has a carbon- uranium-sulfur-(classified)-phentolamine configuration or structure. This is similar to Federick Kekule and the discovery of the benzene ring where he dreamt the structure.As an antiviral and ‘natural radioactivity’ producing agent, AMBUSH is also effective against leukemia, lupus and HPV. Here I am saying that I have ‘GIVEN’ AMBUSH in the same ‘strength’ and dosage to patients with leukemia, lupus and HPV. A 35 year old male with HIV found it difficult to impossible to urinate was put on ‘green tea’ and water while the doctors contemplated prostrate surgery. One of the doctors gave him my number , I sent him a supply of AMBUSH an d he has not been given any more ARV’s, since taking AMBUSH 18 months ago, is in ‘good’ health and has expressed a willingness to be examined by HIV investigators like many others who have taken AMBUSH.I have sent this ‘IDEA’ to most HIV research agencies, scientist of the field, universities, hospitals, clinics, politicians and news agencies to which it is REJECTED because the name of THE LORD GOD is mentioned. He has steered me scientifically through the processes such as which plant and how to produce the active ingredient. What are the odds of a Florida Pharmacist picking a plant would contain the CURE for HIV/AIDS ?I have never charged any of the people for their supply of AMBUSH but a life saving has been spent on the project with NO renumeration from any sources because AMBUSH falls outside the walls of modern medicine and research.PROPOSAL:My proposal is that I PROVE that AMBUSH CURES HIV/AIDS by giving it to a number of END-STAGE or DRUG-RESISTANT people and the scientific community watches their recovery. This proposal addresses the problem in that I have already outlaid the results to be obtained.This IDEA is unconventional in that the scientific community has rejected AMBUSH because I say it is GOD given. Secondly if I wrote it according to certain standards, then it might be peer reviewed. However, THE LORD GOD has also shown me that there are five enzyme systems associated with the virus, reverse transcriptase, protease, fusion and two more of which causes the virus to be AIRBOURNE. This means that without DIVINE intervention mankind and ALL warm- blooded mammals will be extinct in a number of years.The PROOF of what I am saying is found in scientific papers wherein it is found that when the protease cuts the viral strands, it cuts it at DIFFERENT lengths EVERY time, to which it should always be a valine at the end but is a different amino acid every time. This is why it is IMPOSSIBLE to produce a VACCINE.Since this is NOT a hypothesis but there are about 400 individuals who have taken AMBUSH, here lies a vast area in which to check, recheck and confirm that AMBUSH CURES AIDS. Let it be mentioned that during the HIV reproductive cycle, reverse transcriptase converts viral RNA into DNA compatible to human genetic materials. Thus the human DNA has been ‘hijacked’ and since each person has a DIFFERENT DNA, then the new viral copy is unique to that person which shows that each individual has a DIFFERENT STRAIN of the virus. Consider two HIV positive people swapping viral strains and increasing its complexity with multiple partners.It can also be proposed that they be revisited as proof that the strain or strains that they had were ‘killed’ at the time of taking AMBUSH considering that a person can catch as many different strains as there are people who are infected by HIV.I am also willing to work with the scientific community in identifying those individuals who took AMBUSH and wish to be identified with this process notwithstanding that some are stigmatized while others are jubilant,Once AMBUSH is verified as being able to accomplish that which is aforementioned then the next stage might be the natural and artificial synthesis of the substance.Finally, if this is accepted or not, believed or not, THE LORD GOD always wins and this is the heavenly truth to which AMBUSH was divinely given to mankind for the CURE of HIV/AIDS and it will be here forever. Apostle Shada Mishe.apostleshadamishe@gmail.comHere is a video taped presentation that I gave at t he Martin Luther King library in Washington

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