Marital Rape - Let Balance Prevail

I am totally at one with the urgent need to protect wives from husbands who might assault or rape them, so I unequivocally support amendment to existing legislation to prosecute marital rape. In the same breath however, responsible and forward thinking legislative processes must contemplate unintended negative consequences that may result from well-intentioned laws, and be prepared for even the remotest possibility of a loophole that will cause undue injustice to the supposed offender as well. 

It is necessary to consider all possibilities and views when shaping legislation so that any needed caveat to mitigate negative outcomes can be included. I invite you to consider this in the same way in which we are all rightfully appalled by all crime, especially murder, but we support civil society in their campaign to provoke thought and demand questions about unintended consequences when legislators sought to craft the anti-gang legislation in response to crime.

In our attempt to discuss this matter, we should be careful not to instinctively assume that the presumption of sexual entitlement is  an idea held by men alone. In the contract of marriage, BOTH PARTNERS are expected to, in a healthy, respectful and loving context, give themselves to each other sexually, support each other materially and emotionally, while working together to build a lasting family unit, the cornerstone of society. 

It follows therefore, that in a healthy relationship, a man SHOULD NEITHER deprive his wife of material or emotional support nor healthy sexual fulfillment. In the same way, the woman should NOT deprive her husband of those same things. A marriage will go nowhere unless both partners are willing to recognize that their individual rights must be balanced against the interest of the unit. This is why it is absolutely crucial to  enter this important arrangement with clarity of thought and singularity of purpose.

However,  I am well aware that in an imperfect world, relationships do not always run a smooth course; therefore, where there is a breakdown of sorts and where either partner has lost trust, interest or has other factors that make sexual intercourse undesirable, then each person should have the right to withdraw or say no. Once a marriage reaches this point, it will require serious intervention for reconciliation or otherwise, the parties should separate to prevent resentment, possible violence and eventually forced sex. 

Hence, I hold the view that if a man or woman, in a marriage,  inflicts violence on the other or schemes or plots to murder the other, then the offending party should be prosecuted. In the same way, if a marriage has gotten to a point where there are issues that would genuinely cause a woman to deny sexual intercourse to her husband, and he resorts to force, violence or other means to violate her person without her consent, then he should be subject to prosecution for an offence, of rape, because the woman is not his property. 

But, we should  be careful to note, that there are and will be women who use and withhold sex from their husbands for multiple reasons that are unjustified; we must also bear in mind that a woman may also utilize the cry of rape to malign a partner for vengeance etc.  So let us approach this subject with balance. A man should not simply say that his wife is his property, thus he has the right to take sex from her whether she is up to it or not; and at the same time a woman should not simply say, her body is her's alone so she can say no anytime she feels like. This hard line approach from either party is a recipe for disaster - not a pretext for rape of course, but grounds for a strange marriage.

Thus, the institution of marriage deserves a more balanced and thorough discussion on both sides so that we can arrive at the best position to uphold the individual rights of each person, while preserving the noble institution of marriage. As the legislators consider the law to be amended and as interest groups place their positions on the table, let us ensure that provision be made for either party to be protected from abuse, violence or forced sex, while also safeguarding against either party using the cry of rape frivolously.

The Cost of Chik V Denial - Things WERE Done Wrong

Let us not be afraid to seek and speak the truth; it has no colour, political allegiance or nationality. If the truth hurts a White man, do not accuse the truth of being Black. If the truth hurts a Black man, do not accuse it of being White. If the truth hurts the PNP, do not accuse it of being JLP, and if the truth hurts the JLP, it must not be accused of being PNP. The truth will make naked, those who are clothed in lies.

Since the prolific Chikungunya virus pitched on our shores, many Jamaicans have been experiencing biting pains and nagging joint aches rendering them immobile. When honest, sincere and concerned Jamaicans raised the alarm and revealed the truth of this epidemic, our responsible Ministry in the person of Minister Fergusson went on the defensive, pitched a net and resolved to shielding the government from responsibility, by downplaying, if not outright denying the severity of the outbreak. True to form, the speakers of truth were branded as ‘alarmists’, and accused of ‘political mischief making’. But, like the meshed fabric that we use in defense against the aedes aegypti vermin, Dr. Fergusson’s covering had holes, and all Jamaicans, except those blinded by political loyalties, could clearly see through.

In spite of reports from the Jamaica Manufacturers Association that 20,000 man hours were lost and approximately 490 persons took sick leave owing to ailments attributed to Chik V, our esteemed Minister thought it prudent to repeat the mantra that there were only 35 confirmed cases. In spite of the Yallas Primary school’s alarming incident of approximately 200 students being absent on suspicion of Chik V infection, the refrain continued like the sound you hear from the nagging gnat that ambushes us like a thief in the day. Pharmacies are out of paracetamol. The Opposition repeatedly called upon the government to initiate cleaning of our drains, removal of garbage and effect fogging, among other suggestions; they urged the government to ramp up public education and to speak the truth of the epidemic proportions of Chik V. The erudite Dr. Kenneth Baugh was the visible and credible voice of reason, providing information and suggestions fitting of a proactive Minister of Health.

Efforts to educate the public and call on the government to act were not scare tactics. Thousands are now sick and never had to be. Several of my colleagues, clients and workers are unwell. Several Jamaicans can account for many of their friends, family and colleagues who are also unwell. We pussyfooted with this outbreak. If leadership was more honest, the better our response would have been. The truth is that the authorities did not handle this crisis well. More people will suffer unduly and more productivity will be lost. This economy and the people of Jamaica cannot afford this kind of foul up – not now and not anytime in the near future. Given the way in which this Chik V outbreak has been dealt with, I shudder to think what will happen if Ebola paid us a visit. Public Health is no joke, and must neither be treated lightly nor dealt with as an afterthought.

I know it's hard, but please, let us not allow political allegiance and defense to blind us to evident truths. We have a problem. Hundreds of people have presented with identical symptoms indicative of Chikungunya and our authorities failed to lead from the front in managing this crisis. Of course, Jamaicans will welcome and support the belated actions now being taken by the Government of Jamaica, following the calls from Leader of the Opposition et al. But we must agree that reactionary treatment for this public health ailment is not good enough. You don't have to be a supporter of any political party to recognize that confidence is lost and people are now left with greater suspicion of the authorities as well as conspiracy theories breeding several stories and versions of how Chik V is contracted. This causes people to be at greater risk, and is a direct result of how this matter was handled from the beginning. Denying this or downplaying the negative impact cannot help - it has and is likely to continue to make the situation worse. Listening to the current defense suggesting that this outbreak was not that bad, and that nothing wrong was done, is as painful and irritable as the aches and rashes brought on by Chik V. The people of Jamaica deserves better leadership; leadership that is more proactive, honest and accountable. We cannot continue with more of the same.

Volunteerism (pt II): In Pursuit of Democracy

Volunteerism is more than a pastime. People involved in service for the benefit of others usually have a commitment to something bigger than themselves; something that requires stamina & strategy. Of note, people committed to helping others for meager or no compensation are sometimes viewed as impractical idealists, or worse, misrepresented as self seekers. Further, it is often challenging to engage the general public to take volunteerism & social activism seriously; serious enough to recognize that the issues that community development practitioners contend with, are for the most part, the central issues that lie at the root of many of our social & economic ills. In the face of these ills, effective social activists are not always the best administrators, but their ability to effect social change is next to none. They are often keen on substance & less on form, with an undying belief that people matter more than paper, especially the least among us. Yet I submit that it is still more than that. There is an ideal, not fully appreciated, but worth fighting to preserve – we call it Democracy. It is fraught with challenges, but provides the platform for us to improve it.

Democracy is not merely an exercise of franchise at the polls. It doesn't end there. Democracy is not only freedom to speak & protest or to assemble. It is all that & more. Democracy is not just an act, but an attitude. It is a healthy habit of inclusion & participation in the collective destiny of societies & nations. It must manifest in social institutions & arrangements that enable the opulent & humble alike to actively pursue mutually benefiting goals in furtherance of the common good, where all parties can engage & be engaged in self interest while considering the impact of one’s interest on the other, whether the other be a person, an idea or the physical environment. Democracy necessitates an attitude of awareness of one’s ability to shape one’s times & circumstances, rather than an attitude of one merely been shaped by times & circumstances. It implies that anyone can make a difference. In spite of the social  and economic ills that beset a people, democracy implies that people's voices and actions matter. Yet, so many of us, do not believe that we matter, understandably, owing to real manifestations of injustice, disenfranchisement and abuse of human rights. But, without a good sense of what the ideal of democracy envisages, one would not fully appreciate the power of civic action,  nongovernmental organizations, & yes,  ultimately, the power of the vote.

While there are genuine points of debate on aspects of US history both domestic & foreign, their democratic systems both in principle & in practice remain, deservedly so, the envy of the modern world. To be called ‘leader of the free world’ is not only a corollary of military might & economic power, but confirmation of the strength of democratic institutions including the federal system of government (partially self-governing states, separation of powers etc) & vibrant non government institutions with a citizenry convinced that they have the power to shape their society. It is in the latter that we see social institutions, private voluntary organizations, faith based groups & businesses alike, actively engaging in social, economic and political processes that assures a strong & vibrant civil society. It is also this that drives the dream of the underdog to be audacious enough to do simple things that can have profound consequences.

Hence, while I consider my own role in pursuing networks & partnerships to advance Social Capital formation during my time at the Stella Maris Foundation in Grants Pen and moving forward, I am challenging myself, colleagues & fellow practitioners to re-commit to the core values & deeper implications of democracy & the value of civic action. I am encouraging the wider society & the many stakeholders to examine our attitudes toward social activism & revisit the ideal of democracy & its benefits. Trail blazers in the private sector like the Digicel Foundation, Jamaica National Building Society Foundation, ProCommunications Ltd., among others; International agencies & diplomatic partners like USAID & the US Embassy; NGOs like Stella Maris Foundation, Hear the Children Cry & Children First, among others; Volunteers like Laurell Demercado & Christine Parkinson among others & community activists like Rose-Marie Francis & Etmour Williams are in pursuit of this ideal. There are many more unsung heroes, but much more than heroism is needed. Without an intimate embrace of this ideal called democracy, the practice of partnership and mutual cooperation will not be fully realized. I am also challenging us to understand that the power of citizenship is fully manifest in active, informed participation by ballot & through community involvement. In pursuit of democracy, we will not have it given to us on a platter, we must reach for it and work to preserve it.

In The Handbook, ‘Democracy is a Discussion, Civic Engagement in Old and New Democracies’, William M. Sullivan (Democratic Imperatives: Trust, Goodwill, Idealism) puts it beautifully; ‘… the civic virtues of trust, goodwill and idealism are essential sources of social and political power. In today’s increasingly interdependent world, the resilience & strength of both individuals & societies depend upon their ability to cooperate for a common purpose. Without the civic virtues of trust, goodwill among citizens, & a strong dedication to the ideals of democracy, individuals & societies lose the capacity to attain their goals…. From social conflict to … environmental degradation … all parties would be better off if they could cooperate, but … lack of mutual trust & goodwill makes common action impossible…. The consequence of this lack of goodwill is that everybody suffers victims of a self-imposed inability to act together for a common good.’

You are One in a Million, Make it Count (Part 1)

In the last general elections of 2011, in which I worked as a Supervising Presiding Officer with the Electoral Commission of Jamaica, we had a voter turnout of just about 53%. Let us look at the numbers closely - Though the total number of persons that were of voting age was 1,897,725, only 1,648,036 were actually enumerated, or eligible voters on record. This leaves a difference of about 200,000 individuals who were of the voting age, but were not registered to vote.

Finally, of the total 1.6 million plus eligible voters, only 876,310 voters actually turned out to vote. That left just about 800,000 registered citizens who did not participate; added to that was the approximately 200,000 who were not enumerated, taking the total to approximately one million Jamaicans who were of voting age, but did not exercise their franchise for a variety of reasons. The result was that the PNP got 53% of that total, which is just over 460,000 votes, while the JLP got 46%, which is just over 400,000 votes.

In essence, with those numbers, the government of Jamaica was elected by less than 30% of the actual number of eligible citizens in Jamaica. While I understand that many jamaicans are turned off from the political process, neither apathy nor abstinence will achieve much; because while the uninterested majority (in numbers) distances itself, the loyal minority (in numbers) will chose for us as long as possible. 

Let me make it abundantly clear, there is nothing wrong with loyalty - all groups & organizations, including political parties, need loyal members & supporters to survive; however, no group or organization is sustainable, neither will maintain long term relevance if it relies solely on the existence & support of a loyal few. But, the chances of achieving improved governance, accountability and transparency, are likely to be increased by the participation of a wider cross-section of participants, whose numbers can turn the tide either way. And make no mistake about it, ineffective governments can survive, even if only for a season and will happily do so at our peril, on the backs of a loyal few, with no sense of urgency, in view of the assurance that the rest of the population is unlikely to do anything about it, by way of the polls.

Hence, no organization or government is likely to take seriously, the complaints of one million non voters, if they know that those non voters will do nothing to remove them from office. Such governments are more likely to be preoccupied with the business of elections, mastering the manipulation of the electoral process, while achieving very little or nothing of long term significance for the nation's growth &; development. But an active, informed & game-changing electorate can make the difference in how the political directorate behaves. This is not rocket science. 

To be continued......

Now is the Time....

Why should we be hesitant to pursue justice for the dispossessed, slow to repay damages to the oppressed, reluctant to relinquish colonial relics that preserve privileges for only a few, afraid to step aside gracefully when we have done our time, apprehensive about scrutiny & accountability, stubborn to unite around common principles & tough decisions for the collective good?

We should Neither be afraid nor divided. This is Jamaica, your home, your moment - seize it!! The wind of change is blowing - are you ready?