Remarks of
The Most Honourable Portia Simpson Miller, Prime Minister of Jamaica
at the opening of Pan Caribbean Partnership Justice for All Human Rights Opening Ceremony
April 2014
• The Rt. Honourable Dr. Denzil Douglas Prime Minister of St. Kitts and Nevis and Chair of PANCAP • Professor Edward Greene UN Secretary-General Special Envoy For HIV and AIDS in the Caribbean •
The Honourable Michael Kirby, AC, CMG
• Professor Archibald McDonald Principal, Mona Campus, UWI • Mr. Michael Sidibé Executive Director, UNAIDS • Dr. Luiz Loures Deputy Executive Director, UNAIDS • Ms. Kate Spring UNAIDS Country Coordinator • Dr. Arun Kashyap United Nations Resident Coordinator • Dr. Mark Dybul Executive Director, The Global Fund • Mr. Dereck Springer Director, PANCAP Coordinating Unit • Ms. Mandeep Dhaliwal Director, HHD, UNDP • Dr. Carolyn Gomes Executive Director Caribbean Vulnerable Communities Coalition
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Ladies and Gentlemen, I extend a warm welcome to you all as you meet to tackle one of the most pervasive problems – human rights and the accompanying challenges of HIV-related stigma and discrimination. My Government is pleased to join PANCAP, The Global Fund, the Joint UNAIDS Programme and the University of the West Indies in hosting this event. We look forward to the guidance emerging from your deliberations and recommendations for moving this region to concerted actions towards the elimination of HIV-related stigma and discrimination. These were matters raised by CARICOM Heads of Government at our last meeting in St. Vincent and the Grenadines. At that meeting, Prime Minister Denzil Douglas was commended for his bold and dynamic leadership in piloting so many positive regional developments in the critical areas of education, health and HIV. Of particular relevance is the Pan Caribbean Partnership, which he chairs, and his insistence on the need for placing Justice for All high on our agenda for action. The peoples of this region have continuously sought to overcome stigma and discrimination based on race, ethnicity, class and gender. Human rights has been a part of our history rooted in a struggle that ended over 200 years ago in the abolition of slavery, the worst form of human degradation and for which this region is justly advocating for reparations. Our independence constitutions offered the hope of a community of rights for reducing inequalities and increasing social justice for all. These appropriately resonate in the aims of this regional event. The Justice for All consultation is taking place at a time when this region has to confront a number of issues related to the security and rights of our citizens. Among them are unemployment, poverty, crime and violence. These discussions are also taking place at a time when the world community is looking at a new global development agenda. In a few months world leaders will converge in New York to discuss the post-2015 agenda. Two themes within that agenda are critical considerations of this meeting. Those are reducing inequality and poverty. Development will not occur unless we lift our people out of poverty and provide equality of opportunity for all. These challenges are not new. As we consider them we must understand that, in the current economic climate, a general deterioration of the human rights situation would disproportionately affect the poorest sectors of our society. (MFAFT)
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While it is clear that the impartiality of the Jamaican judiciary is not in doubt and the highest level of its integrity and fairness is affirmed, the justice system continues to be challenged by the heavy volume of cases that it has to deal with. My administration is making every effort to reform our justice system and tackle what has been identified as “the culture of delay”. Steps are being taken to modernize our criminal justice procedures; deepen the use of audiovisual and other technology; improve the physical court facilities; and expand the cohort of judges at each level of the judicial system. In addition, steps are being taken to further strengthen the institutional arrangements for investigating alleged state abuses, and our capacity for forensic examinations has also been strengthened. In addition, over 2,000 persons who benefit from Legal AID have their cases completed each year, served by more than 350 Jamaican lawyers who patriotically provide that service. Special measures must be put in place to protect those disadvantaged sectors of society: sectors that have been treated with disrespect and have to continuously confront discrimination. We will shortly be introducing a Disabilities Bill to Parliament, which will protect the rights and interests of persons with disabilities for the first time in our law, and we will be introducing legislation to tackle sexual harassment. Like most other Governments in this region, Jamaica has signed on to several international agreements designed to guarantee the human rights of individuals – for example, the UN Declaration of Human Rights, the International Covenant of Civil and Political Rights, and the Inter-American Convention of Human Rights. Integrity and impartiality are essential features for sustaining human rights. Like all West Indian constitutions, ours guarantees basic rights of all citizens and, in this regard, the state cannot justifiably favour the rights of one part of its citizenry over the other. In their recent book on HIV and Human Rights Sir George Alleyne and Professor Rose-Marie Bell Antoine highlight a quotation from Justice Ajit Shah, one of India’s legal luminaries, which seems very relevant for this occasion. I quote: “A right which is upheld only when the majority agrees with it is not much of a right.” This underscores the dilemma posed by the “savings law clauses” in our West Indian constitutions, which bar pre-existing laws from being tested by the courts for consistency with the rights enshrined in the constitution. A recent study shows that most Jamaicans -- over 75%¬85% -- believe that same sex relations are immoral and support the law that prohibits it. (MFAFT) Even as we are aware of this statistic, we must also acknowledge two important facts: Firstly, the Jamaica society and indeed, Caribbean society, is changing. 4
The recent polls on attitudes to sexuality done by UNAIDS Caribbean and others are showing that there is more tolerance of diversity than some headlines in the papers would lead us to believe. There has been progress. Yes, change may be slow, but Jamaica is changing. We need to promote and take forward a public education agenda for promoting the human rights of all. Jamaica is committed to Justice. Jamaica is committed to Equality. Secondly, our young people have rights, too! They have a right to information and services. Information on sexual health and sexuality is essential for our youth. Information is power. There are still those who believe that we must not provide comprehensive sexual and reproductive health services to our young people. Some believe this information must not be available in our schools. However, another perspective is that if they are denied this right, our young people and in particular our young women will be exposed to early and multiple pregnancy, HIV and other sexually transmitted diseases. For many, their opportunities and prospects in life will be prejudiced. Ignorance is not a right! Information and appropriate services are. Some challenging questions that arise are: • • •
How do we change the deeply held attitudes of people and groups? How do we take forward an agenda for protecting the human rights of vulnerable groups that runs counter to entrenched cultural mores? More specifically, how can we ensure that vulnerable populations come forward for testing and receive treatment in this environment?
The national consultations, and now this regional engagement under the Justice for All programme, are vital in helping to pave the way for developing a formula that provides the basis for getting to the Zero discrimination that is advocated by the Deputy Executive Director of UNAIDS. These are not simple or straightforward issues to consider. This Justice for All process provides opportunities for a rich dialogue of various stakeholders. Among these stakeholders are parliamentarians, faith-based leaders, representatives of the private sector, the youth and civil society organizations. Through this process we hope to identify meaningful options on which there is sufficient consensus for our governments to take action. Let us be clear, however, justice is not about HIV or health alone. Justice is not just about sexuality or young people. Justice is not confined to women. It is not confined to men. It is not just about the elderly or just the disabled. 5
Justice is about all Jamaicans. All Caribbean people. Justice and the provision of justice are about ensuring the equality of all citizens, in all spheres of national life. This is why this is such a complex process. Specifically regarding HIV, we will not end stigma and discrimination unless we ensure that all persons, especially those most in need, have access to treatment, care and support without fear of victimization and ridicule. In Jamaica, we continue to enjoy strong bipartisan support for our 2011 Declaration of Commitment to end stigma and discrimination and gender inequality affecting the HIV and AIDS response. We have strengthened our collaboration with faith-based organizations in particular, as we recognize the need to embrace and assist our brothers and sisters even more in times of struggle. Jamaica was the first country in the Caribbean to undertake a sustainability study in relation to our National HIV Programme in a bold attempt to end AIDS. I want to thank UNAIDS and the World Bank for the support they provided to the Planning Institute of Jamaica to conduct this study. In approaching the challenge of HIV/AIDS we realize that it cannot be business as usual. We have taken some important decisions, such as the integration of sexual and reproductive health services. We have put in place an integrated national strategic plan for sexual and reproductive health including HIV. We have advanced the treatment agenda, placing emphasis on affordable medicines. We have increased the budget allocation for HIV/AIDS services, and put in place mechanisms to counter the intractable issues of stigma and discrimination. We have put precious and scarce national resources to support our prioritization, and Mr. Dybul, we are pleased to know that The Global Fund will continue to invest in Jamaica. If you invest here, we will see results! Jamaica can deliver! We are very grateful for the support of our Partners in advancing our HIV response and are glad that so many are represented at this consultation. This augurs well for Jamaica and the PANCAP network which has been so vital to the successes we have so far achieved. There are yet many rivers to cross but we are optimistic that the PANCAP roadmap on Justice for All resulting from this consultation will help to chart the way towards the goal of ending AIDS and addressing inequality in Caribbean societies. Our motto is clear: Out of Many, One People. We have to live up to it. __________ 6