11 News
guyanatimesgy.com
monday, DEcEMBER 9 2013
Times Notebook Legal conundrum – how are we going to respond to same-sex marriages?
T
he talk about the same-sex marriage of a Trinidadian lesbian couple in Johannesburg, South Africa will persist. An increasing number of samesex marriages are taking place among Caribbean nationals in jurisdictions far from home. One group of people the late Nelson Mandela fought for is the group referred to as Lesbians, Gays, Bisexuals, Transgendered and Intersex (LGBTI). South Africa took bold action in the aftermath of apartheid to guarantee rights under its constitution and laws to LGBTI. Globally, about 60 per cent of countries now recognise same-sex relations. In the British Commonwealth, only 20 per cent of countries do. Not all countries that recognise same-sex relations have legalised samesex marriages. More than 100 countries have decriminalised same-sex relations, but only about 18 have legalised same-sex marriages. Same-sex relations are illegal in Caribbean Community (Caricom) countries, except for Suriname, and same-sex marriages are illegal throughout Caricom. But same-sex relations are increasingly becoming vis-
The increasing number of same-sex marriages among our citizens occurring in countries where same-sex marriages are legal create an interesting scenario for us that will challenge our legal minds and create a moral debate that is likely to be contagious and contentious
ible in all of our countries. Increasing, too, are samesex marriages, even though they are not legal. Facebook, in the last two weeks, has been buzzing about the marriage of the lesbian couple from Trinidad. While it is clear that same-sex marriages, right or wrong, are illegal when they occur in Caricom countries, what about those which take place in jurisdic-
tions elsewhere where they are legal, when the couples come back to their own countries to live?
Sexual orientation and fundamental rights
The much-publicised marriage of the Trinidadian lesbian couple in South Africa raises this question. Times Notebook sees a busy time for the courts in the Caribbean and for the
Caribbean Court of Justice (CCJ). Already, the courts in Guyana, Belize, Trinidad and Tobago, and Jamaica have been approached to address the issues of fundamental rights relating to sexual orientation. In Guyana, the court was asked to pronounce on whether transgender dressing is illegal and the acting Chief Justice Ian Chang ruled that there is no ille-
gality in transgender dressing in public. But he also ruled that only the legislature can change the law criminalising homosexuality. It is possible that local individuals and organisations will be joined by international groups to challenge this ruling. In the meantime, courts in Belize, Trinidad and Tobago and Jamaica are addressing motions brought to challenge the legality of laws which prohibit homosexuality. In Guyana, Belize, and Jamaica, the United Nations Commission on Human Rights through the Universal Procedural Review has given these countries until 2016 to bring their laws in compliance with international conventions.
Moral debate
The fact is that while our legislatures are slow in reacting to a new dispensation around the world, citizens demanding fundamental rights are challenging the systems by practice and through the law courts. The increasing number of same-sex marriages among our citizens occurring in countries where same-sex marriages are legal create
an interesting scenario for us that will challenge our legal minds and will create a moral debate that is likely to be contagious and contentious. As we celebrate the 150th anniversary of the emancipation of African slaves in the Caribbean, we now cannot escape the inevitable new frontiers of human freedom. Our countries have risen from political oppression, slavery, indentureship, and racism. Our legacy is that we overcame these major human rights violations. We are at a new stage in confronting our past and the legacies we are proud of – the legacies of fighting oppression and violations of our human rights. Some of our citizens believe that freedom is restricted and their fundamental rights are being violated. They are not waiting for our legislators to correct the anomalies – they are taking the bull by the horn and challenging us through public affront and through the courts. These are interesting times. Readers are invited to send their comments by email or Facebook to times. notebook@gmail.com.
Polls proved right as opposition sweeps elections in India By Vishnu Bisram in Delhi
T
he pre-election and exit polls have correctly predicted the outcome of Indian’s state elections. This writer interviewed some voters and came up with similar results as the other pollsters. The opposition Bharatiya Janata Party (BJP) has won sweeping victories defeating the ruling congress in elections to four critical state assemblies in what is being called a semi-final election – the outcome being suggested by analysts as a harbinger of what is to come in the May general election. This writer has conducted polls and covered general elections in India since 1998.
State
BJP
The election commission reported that the BJP got absolute majorities in three states (Rajasthan, Madya Pradesh, and Chattisgarh, which is a breakaway section of Uttar Pradesh to where most Indo-Guyanese trace their roots). In a fourth state, Delhi, the BJP won the most seats (a plurality), but is short of a working majority by four seats. The counting for a fifth state will take place today. The BJP chief minister’s candidates will be asked to form the government in the states it won convincingly. But it is not clear which combination of parties will be asked by the governor to form the government in Delhi territory. Thirty-six seats are needed to form the cabi-
Cong
BSP
net, but the BJP has only 32 seats with the newly-formed AAP running a close second with 28 seats, the Congress eight and the BSP two. Stunning defeat It is conceivably possible that the AAP and Congress could form the government but the AAP is insisting it will not team up with any group to form a government. If no party can get a majority, the governor could ask someone to be a caretaker chief minister and dissolve the assembly paving the way for a fresh election. The most stunning defeat was of Delhi Chief Minister Shiela Dikshit who was trounced by 25,000 votes by AAP founder Arvind Kejriwal from the New Delhi constitu-
AAP
Ind/Others
Madhya Pradesh
00/165
00/58
00/04
NA
00/03
Rajasthan
00/162
00/21
00/03
NA
00/13
Chhattisgarh
00/49
00/39
00/01
NA
00/01
Delhi
00/32
00/08
00/00
00/28
00/02
BJP star campaigner and prime ministerial candidate for the upcoming May general election, Narendra Modi, displaying a lack of ego, credited “team work” for the winning streak
ency. Kejriwal got 44,269 votes, while Dikshit received 18,405 votes. It is the first time Dikshit has lost an election. Conceding defeat, Dikshit submitted her resignation to Lieutenant Governor Najeeb Jung, who dissolved the legislative assembly and forwarded her resignation to President Pranab Mukherjee. It was a carnival atmo-
sphere at BJP chief ministerial candidate Harsh Vardhan’s residence in Krishna Nagar where he won his seat for a fifth consecutive term. Supporters burst firecrackers and distributed sweets outside Vardhan’s Krishna Nagar residence where this writer met the BJP leader early in the morning offering congratulations. The activists of AAP, a product of an anti-corruption campaign, also celebrated their performance waving a broom in the air symbolising the desire to sweep out the old corrupt politics of the past. The BJP’s star campaigner and prime ministerial candidate for the upcoming May general election, Narendra Modi, displaying a lack of ego, credited “team work” for the winning streak and thanked the people for reposing faith in the BJP. Commenting on the outcomes, leader of the Congress Party, Sonia Gandhi said she was very, very disappointed, point-
ing to the need for “deep introspection”. Gandhi and her son, Rahul, congratulated the opposition for their victory. She attributed the defeat to price rises and expressed confidence that the results of assembly polls will not have a bearing on the next Lok Sabha polls. “General elections are quite different. People in state elections do focus on personality at the state level, at leaders who are likely to lead them,” she said. However, in national elections “people look at the person who is likely to guide them and govern them at the national level”, the Congress chief said. Rahul said through the elections, “people have given us a message, which we have heard”. The Congress party has to transform itself to stand up, he said. “We have to move to a new paradigm and give serious space to the common masses.”