May 11, 2000
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May 11, 2000 |
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Ganja as sacrament?
Newly-appointed Public Defender, Howard Hamilton has suggested that Rastafarians could be permitted the restricted use of marijuana as part of a sacrament. He said however, that Rastafarianism would first have to be recognised as a religion by the Constitutional Court. According to Mr. Hamilton the Rastafarians' right to their religion was "guaranteed under the Constitution", although a part of their sacrament involved the use of marijuana which is against the law. He was quoted by JAMPRESS yesterday as saying that the approval of marijuana for religious use would not be synonymous with decriminalisation of the substance. Mr. Hamilton pointed to the Roman Catholic Church being allowed to use wine in the Eucharist during the prohibition period in the United States, when the law prevented the manufacture and sale of alcohol. The Gleaner was unable to contact Mr. Hamilton yesterday but the report was based on a JIS interview in which he explained the role of the Public Defender which included the functions of the Ombudsman in addition to addressing constitutional abuses by the state. He said the role of the Ombudsman included investigating "complaints of injustice or hardships suffered by any citizen at the hands of any government office, agency or ministry." "If somebody was charged for an offence and cannot afford legal representation, legal aid lawyers would deal with the charge, but if his constitutional rights were abused the Public Defender would intervene," he elucidated. He advised that in relation to constitutional violations the Public Defender must first receive a complaint in order to act. Explaining that the law precluded the Public Defender from going to Court, Mr. Hamilton said his office would identify "landmark issues" which could affect "the vast majority of people", then refer citizens to a list of leading lawyers. Where persons could not afford legal fees the legal aid system would come into play, he added. Reacting to criticisms of his proactive stance on social issues, Mr. Hamilton said he had an activist role because he still performed the duties of an ombudsman, who was required and empowered by law to be proactive. He said the issues of discrimination against Acquired Immune Deficiency Syndrome (AIDS) patients and Rastafarians and the abuse of children were issues that had come before him while he was the Ombudsman. On the issue of gay rights, Mr. Hamilton explained that the circumstance of gays was "contrary to existing laws" and, as such, was illegal. |
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