Questions about Samoa Agreement still not answered, says Davies
THE JAMAICA Coalition for a Healthy Society (JCHS) is voicing concern that there is no clarity about the Government confirming the definition of terms within the European Union/Africa Caribbean Pacific ( EU/ACP) Partnership Agreement to prevent violations of Jamaica’s Constitution in favour of the LGBTQI community.
JCHS advocacy officer Philippa Davies raised the issue on Sunday while addressing an online forum hosted by the Association of Christian Communicators and Media [ ACCM] on the Zoom platform. The forum was held under the theme ‘ Man Plus Woman: God’s Perfect Plan’.
In her address, Davies referenced a meeting which her organisation and other stakeholder groups had with the Ministry of Foreign Affairs prior to Jamaica’s December 14, 2023 signing of the partnership agreement, also known as the Samoa Agreement.
She noted that assurances were given at that meeting that clarity would be sought before affixing Jamaica’s signature to the document.
“They wanted to assure us that we had nothing to worry about, that nothing in the agreement would affect our Constitution. They said we are a dualist system, meaning that anything the Government signs onto in the international arena does not automatically come into national law; it would have to be passed by Parliament in order for it to become a national law.
“We know that, but we said very clearly, ‘Then why would you not want to sign an agreement that makes it clear as to what you agree or don’t agree?’” said Davies, referencing Jamaica’s previous withholding of its signature to the Samoa Agreement on November 15, 2023.
“They announced in the press that they signed the agreement on December 14, and that an interpretative declaration was submitted to affirm the primacy of the Constitution and laws, but we have not seen it. We have since written to the ministry asking if we could have sight of it, and we have called the ministry, even in January, asking if we could have sight of it,” Davies added.
MULTIPLE CLAUSES
Prior to Jamaica’s delay of its signature on November 15, the JCHS issued a release expressing concern about what it termed the “glaring danger” of multiple clauses in the agreement which would bind Jamaica to undefined human-rights obligations.
That release noted, among other concerns, that the agreement would reintroduce comprehensive sexuality education into schools, despite outrage in 2012 with regards to the curriculum’s sexualising content, and that it would demand the acceptance of terms that directly threaten citizens’ freedom of conscience and speech.
Following Jamaica’s signing of the agreement on December 14, Foreign Affairs Minister Kamina Johnson Smith issued a statement saying that Jamaica’s Constitution was taken into account when Jamaica’s Ambassador to Belgium and Representative to the EU, Symone Betton-Nayo, signed the agreement at the headquarters of the Organisation of African, Caribbean and Pacific States (OACPS) in Brussels, Belgium.
“I emphasise that the final text of the agreement, which respects and aligns with Jamaica’s domestic legal framework, is testament to our commitment to the inclusive and comprehensive discussions at the local level with various stakeholders,” Johnson Smith said at the time.
LONGSTANDING PARTNERSHIP
But Davies declared in Sunday’s forum that lingering questions about the definition of human and reproductive rights as given by the EU must be resolved.
“We still do not have an explanation or clarity as to the meaning of the terms that we have been asking about for the last two and a half years. If the Minister (Johnson Smith) is saying that our Constitution is not going to be breached by this agreement, then why couldn’t she or her team have simply said to us that the meaning of the word ‘gender’ will mean male or female, and that it will not mean transgender, if the Constitution is being upheld? We believe we have cause for concern, as our questions have not been fully answered,” said Davies.
“They say that sexual reproductive rights are human rights, and where you have respect for human rights, you must have respect for sexual and reproductive health and rights… this is how the EU is interpreting it–that if you dare to affirm what is established by God, you are speaking hate speech and you are threatening rule of law and democracy. If this is what they say to themselves within the EU, what are they going to bring to the negotiating table with the ACP?” Davis added.
The Samoa Agreement, which succeeds and replicates many provisions of the 22-year-old Cotonou Agreement, is intended to strengthen technical cooperation between the EU and its member states, and the member states and regions of the OACPS.
It also represents a continuation of Jamaica’s long-standing partnership with the EU, a relationship that has supported Jamaica’s economic growth and development initiatives for over four decades.