An epidemic of fake 'rights'

By Peter Espeut

It seems that the minister of justice, Mark Golding, has caught the bug. On Thursday, June 12, I heard him on the radio announce the Government's intention to decriminalise the possession and use of small quantities of ganja, and describe it as a 'human rights issue'.

So Minister Golding: Are you saying that smoking ganja is a human right? Where is this 'right' codified and agreed to?

In Jamaica, smoking ganja publicly is against the law, and will remain so even after Minister Golding's announced amendments. At the moment, should one be convicted for the possession and use of ganja, one will have earned a criminal record that might prevent one from obtaining a visa. Is this a breach of human rights? Does anyone have a human right to obtain, say, a United States (US) visa? If having a criminal record for possessing or using ganja disqualifies someone from obtaining a US visa, is this a human-rights issue requiring decriminalisation of ganja as redress?

The ability to travel is not a human right, and is not mentioned in the Universal Declaration of Human Rights. Section 1 of Article 13 does say, "Everyone has the right to freedom of movement and residence within the borders of each state." Section 2 says, "Everyone has the right to leave any country, including his own, and to return to his country." But no one has the right to enter any country he or she wishes; if that were a human right, requiring visas for entry would itself be a human-rights violation.

On what basis does Minister Golding claim that decriminalising ganja is a human-rights issue? Or is he infected by the epidemic of fake 'rights' plaguing some of his Cabinet colleagues who speak of 'abortion rights' and 'gay rights'? And don't forget: The Jamaicans for Justice sex-education programme in the children's homes was 'rights-based'.

An issue of justice

Now, I might argue that obtaining a criminal record for smoking a spliff is gross injustice; and I might support the Government removing possession of small amounts of ganja from being a criminal offence to being a minor offence, but that would not be because it is a human-rights issue. It is a justice issue.

I agree that it is a grave injustice that someone should have their job future blighted with a criminal record for smoking a spliff, but not for speeding, which can threaten the lives of others.

Minister Golding's proposals for decriminalising ganja are clearly unclear. In his announcement, Minister Golding made it clear that, when the law is amended, the possession of small amounts of ganja would still be an offence, and ganja would still remain an illegal substance; possession of two ounces or less of ganja (56.7 grams or less) will not lead to an arrest and a criminal record, but will be a ticketable offence. What is unclear is whether the two ounces or less of ganja will be seized, or will the ticketed offender be left in possession of the illegal substance?

Presumably, possession of 57 grams of ganja will lead to an arrest and a criminal charge and the ganja being seized. Will the possession of 57 grams of ganja still lead to a criminal record? That is unclear.

Rasta and the herb

Rastafarians claim that ganja is their sacrament, and that when they smoke it, they are "burning incense in the temple of the Holy Spirit". Minister Golding announced that he intends to decriminalise the use of ganja for "religious purposes". Does this mean that Rastafarians are not restricted to the "two ounces or less" limit which applies to non-Rastafarians? It would seem so, for otherwise the decriminalisation for "religious purposes" would have no real meaning. Surely 100 or even 200 grams of ganja is an appropriate sacramental quantity!

We all know that "You don't have to be dread to be Rasta", and that not everyone with locks is a Rasta. How will the police know whether I am a Rastafarian or not, so that I can claim my extra allowance for "religious purposes"? Will all true Rastas have to carry an authorised Rasta ID card?

The minister has announced that all Rasta places of worship will be licensed so that sacramental ganja smoking can take place there. How does this mesh with the "no smoking in public places" regulations?

Minister Golding's announcement last week reeks less of well-thought-out law reform and more of rank political opportunism. It is the sort of announcement that usually precedes the calling of an election.

Peter Espeut is a sociologist and environmentalist. Email feedback to columns@gleanerjm.com.