The Constitution, however, does guarantee as fundamental rights, with limited circumstance for their abridgement, freedom of association and freedom of expression, such as the right to watch horseracing at Caymanas Park and/or to follow these meets by the electronic media. The Charter of Fundamental Rights, recently approved by Parliament and now awaiting the elapse of the appropriate time for its implementation, will not only make these rights more explicit, but strengthen their guarantees.
Critical foundations
Most Jamaicans are in favour - with good reason.
Freedom of expression and the right of association are critical foundations of democracy. So, we are wary when people, even with good intentions, do things that chip away at these rights. Hence the concern over recent developments.
The Jamaican Government owns a company called Caymanas Track Ltd (CTL), which owns the Caymanas track and is the sole legal promoter of horseracing in Jamaica, a $7 billion-a-year business that employs directly an estimated 12,000 people. It was one of the few handful of state companies in recent times into which the Government has not had to pour buckets of financial subsidies.
An anomaly in the law
However, the Government has said it would like to divest the company so that it has the capital to expand the business and never again become a burden on taxpayers. As part of their effort to enhance the viability of business, the directors of CTL decided to introduce horseracing on Sundays, starting today. CTL hoped to exploit, to its own advantage, an anomaly in the law that prohibits the operation of bookmakers on Sundays, but is silent on the operation of the off-track betting parlours (OTBs) - these are of more recent vintage - which are operated as franchisees of CTL.
Church leaders balked at the idea of horseracing on Sundays, with arguments ranging from the likelihood that the event would keep people away from church services, to concerns that it would lead to an expansion of gambling and further erosion of values. At the ninth hour, almost, the Government, as a form, caved in to the church lobby. Horseracing will go on at Caymanas Park today, but the Government, as owners of the company, instructed the board of CTL, neither to open its OTBs nor allow the broadcast of races from the track.
'Prophetic voice'
This newspaper has no problem with the Church speaking with its 'prophetic voice' and seeking to persuade people to adopt moral values founded in Christianity. We, however, are concerned if this leads to the erosion of fundamental freedoms, beyond the limits already agreed in the law for decency, public order and good governance.
We may not like horseracing or approve of gambling, but our society, including people of assumed high moral standing, do not find them to be vulgar or indecent or scandalous to public morals. The Government has not, in this case, acted on principle, but on the presumed capacity of the Church to deliver votes. It is in danger of stepping on fundamental rights.
Perhaps it is fit and proper for civic organisations or any individual to test in the courts the constitutional merit of the Government's action.
The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.