Canton

THE INTER-AMERICAN Commission on Human Rights (IACHR) is bemoaning the fact that Jamaica, has not yet recognised the jurisdiction of the commission's Court of Human Rights.

"It is extremely important for either this, or a future administration in Jamaica, to accept the jurisdiction of the Inter-American Court of Human Rights for many reasons," Dr Santiago Canton, executive secretary of the IACHR told The Sunday Gleaner last week. "Among these reasons is the fact that Jamaica has an outstanding judge at the court - Margarette Macaulay," he pointed out.

Members of the IACHR are currently on a visit to the island on the invitation of the Bruce Golding administration. "We cannot visit a country without an invitation and the Jamaica Government decided to invite us," Canton explained.

Jamaica is in the company of several countries that have not yet recognised the jurisdiction of the Inter-American Commission Court of Human Rights. Among these are Canada and the United States and English-speaking Caribbean countries lead the pack. Barbados is the only English-speaking Caribbean country that is currently signed on to the Inter-American Commission's Court of Human Rights. Trinidad did so, but subsequently withdrew.

rulings not binding

Commenting on the impact of Jamaica not recognising the IAC Court of Human Rights, local rights advocate, Dr Carolyn Gomes, says: "The commission can rule on matters, but their rulings are not binding. It makes recommendations and if the Government chooses not to follow them, then that's it."

Gomes said Jamaica's behaviour is "quite shameful, considering that we actually have a judge on the court." She cited a "lack of will" on the part of the Government, adding that the previous administration was "contemptuous of the system and so had no interest in exploring the possibility and, in fact, saw it as an invasion of their sovereignty". He said, however, that recognision of the human-rights court seemed a little more likely with the current administration, which has demonstrated some enlightenment by inviting the commission to visit.

Asked to comment on the application of the death penalty by member states of the Organisation of American States, the IACHR executive secretary explained that the Inter-American Conven-tion on Human Rights that Jamaica ratified on July 19, 1978, does not prohibit the death penalty.

He said the convention prohibits those countries that did not have the death penalty at the time of ratification of the convention to put it in place. But for those countries that at the time of ratification of the convention already had the death penalty, the convention on human rights does not prohibit the measure.

Dr Canton explained: "The jurisprudence of the commission and the Inter-American Court on Human Rights, as well as the Eastern Caribbean Court of Justice, maintain that the death penalty cannot be mandatory, which is the case in Jamaica and other countries in the Caribbean.

violates due process

"The concern of the commission is that mandatory death penalty violates the due process of law and the Inter-American convention. That's the concern that the commission has had in the past. We have raised this issue with a few Caribbean countries."

Addressing the matter of homosexuality, Canton disclosed the commission's view that "you cannot discriminate based on sexuality at all. That's very clear in the jurisprudence of the Inter-American Court of Human Rights." He stated that this was strictly a legal perspective based on the legal instrument, which is mainly the Inter-American Convention on Human Rights. He said the commissioners, while here, would be discussing issues regarding safety and security, as well as the issue of gay, lesbians and homosexuals and the bisexual community.

Offering a perspective on press freedom in Jamaica and the Caribbean, the IACHR official stated that freedom of expression was one of the key pillars for the strengthening of the democratic system all over the region. He said one of the main issues that the commission has raised in Latin America, North America and the Caribbean was the impact of defamation laws on press freedom. These issues, he said, would be discussed during the visit here.

Canton said during this week, the commissioners will hold meetings with civil society and representatives of Government, after which they will make specific recommendations to the Government regarding human-rights issues.

IACHR activities include

Forum hosted by Jamaicans for Justice on Tuesday, at the Knutsford Court hotel

Signing of a Memorandum of Understanding with the Norman Manley Law School on Wednesday