Beaches Advocate calls Press Conference on behalf of Jamaican baby born to Haitian Asylum seekers.

FOR IMMEDIATE RELEASE

Contact: Name: Karen Francis aka Empress Zaria

Human Rights Defender

Organization: Beach Party for Sovereign Indigenous Peoples

Phone: 876-816-1953

Email: Empress@EmpressZaria.com

Website:  www.EmpressZaria.com

 Date:  May 14, 2024

Understanding Our Rights: The Urgency of Promulgating Jamaica’s Charter for Fundamental Rights and Freedoms

By Karen Francis, International Human Rights Defender

In a critical moment for our nation, the fundamental human rights enshrined in Chapter 3 of Jamaicaʼs Constitution Charter for Fundamental Rights and Freedoms demand our urgent attention and action. The Charter, an amendment to Jamaica's Constitution, outlines the fundamental rights and freedoms guaranteed to every Jamaican citizen, yet remains underutilized and largely unknown to many Jamaicans, both on the island and in the Diaspora.

As we approach the court hearing on June 6, 2024, which will determine the fate of 37 Haitian asylum seekers and a Jamaican-born child, Baby J, it is imperative that we as Jamaican's become aware of and demand these constitutional protections. The case of sending a Jamaican born baby and her Haitian family back to a politically unstable country not only tests our commitment to human rights but also challenges the accountability of our government and our judiciary in fulfilling their mandate under UN International Humanitarian Law to, amongst others, implement, promote, and protect, ALL human rights.

The Role of Chapter 3 in Todayʼs Jamaica

Chapter 3 of the Jamaican Constitution (Charter for Fundamental Rights and Freedoms) is designed so that United Nations member states ensures that all persons under its jurisdiction enjoys all social, economic, political and other rights; and to provide an effective remedy for persons who claim to have been victims of human rights violations. The Charter was added as a safeguard against abuses by governments, ensuring that all citizens can live free from abuse of the State's power.

However, the effectiveness of these protections depends on the public's awareness and the judiciary's adherence to these principles. In the case of Baby J, a six-month-old born on Jamaican soil to Haitian asylum seekers, her rights as a Jamaican citizen and those of her parents and 5 year old brother are not merely abstract legal concepts; they are immediate and vital necessities. As Baby J's human rights advocate, I am calling for a rigorous examination into human rights violations by the Jamaican government and judiciary.

Judicial Accountability and Possible Reforms

The perception that our judges have remained "above the law" is alarming and erodes trust in our judicial system. If the judiciary does not adhere to the very constitution it is sworn to uphold, what recourse do citizens have? This is not just about Baby J or the Haitian asylum seekers; this is about ensuring governments protect human rights and appropriately remedy human rights violations.

Every Jamaican must be assured that their rights are protected and that their voices are heard. Impeachment of judges, while drastic, is a legal recourse that must be considered if there is clear evidence of misconduct or failure to uphold the constitution.

We need a broader judicial reform that includes:

·         Increased Transparency:

·         Clearer processes and public insight into judicial decisions and disciplinary actions.

·         Enhanced Education: Robust programs to educate the public about their constitutional rights and how to exercise them.

·         Community Involvement:

·         Greater involvement of civil society in monitoring and advocating for judicial integrity.

Enforcing the Charter

It is imperative that the Chief Justice promulgate the Charter of Fundamental Rights and Freedoms—emphasizing the respect for and realization of the rights and remedies enshrined within. Moreover, the Caribbean community must hold each member accountable, ensuring that the judiciary in Jamaica, and by extension in all CARICOM countries, adheres strictly to these principles, protecting the vulnerable and ensuring justice is both accessible and equitable.

A Call to Action

As we move forward, let us mobilize not only in support of the Haitian refugees and Baby J but also in defense of our constitution and the rights it guarantees. I urge all CARICOM states to rally in support of Haiti, beginning with the recognition of asylum and freedom of movement for Baby J and her family. This entails providing them with provisional IDs that will allow for gainful employment and the ability to live with dignity within the CARICOM regions. We must transcend mere sympathy and move towards actionable empathy.

To Jamaicans and Haitians, at home and abroad, I encourage you to: 

Educate Yourself: 

Educate yourselves about Chapter 3 of Jamaica’s Constitution and the Responsibilities of CARiCOM Nations , the African Union , and the Ethiopian World Federation, Inc in protecting Haiti’s sovereignty and supporting its economic development.

Legal and Advocacy Support:

Make a financial contribution to the attorney working on Baby J, her family, and the other 34 Haitian Asylum seekers. Donate here

Lend your support as a human rights advocate with advocacy/legal assistance to ensure that Baby J and similar cases are treated with the fairness they deserve.

Invest In Haiti:

Invest in our Bitcoin for food Investment that uses your bitcoin contribution to purchase  agricultural foods from local farmers and receive a return on your investment in 1 year.

Engage actively in discussions about judicial accountability by joining my weekly Virtual Press Conference & Town Hall Meetings with public servants from both Political Parties, and the judiciary beginning Sunday May 19, 2024 via Zoom. Register Here

Invited guests for May 19, 2024 Virtual Town Hall meeting about Charter for Fundamental Rights & Freedoms of Jamaica’s Constitutional Court Process include:

  Dr Jacintha Asarfi- Guest Lecturer- contrast between CCJ and European Union Court of Justice

·         Andrew Holness-Jamaica Prime Minister-JLP Party Leader

·         Mark Golding Leader of the Opposition PNP 

         Patrick Brooks-President of the Court of Appeals

·         Chief Justice Bryan Sykes

·         Yola Grey Baker-Pres FINSAC Debtors

·         Lloyd Daguilar & Myrtha Desulme– Haiti Advocacy

·         Dr Devon Taylor Beach Birthright Movement

·         Kathy Howell & Queen Iffiya-Rastafari Rights

·

We are at a crossroads, and the path we choose now will define our commitment to justice and human dignity. Let's stand together to ensure that our legal system assures the application of the highest possible legal standards of human rights.

For more information, to get involved, or to schedule an interview with Empress Zaria (Karen Francis) please contact [Empress@EmpressZaria.com].

About Beach Party for Sovereign Indigenous Peoples SIP. Sip is committed to developing trade between Jamaica, Haiti, and Indigenous Peoples, Defend Human Rights, and prosecute corrupt judges and elected officials.

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Note: This press release is intended for immediate distribution and action. The lives of Baby J and her family, along with many others, depend on our swift and decisive response. Please prioritize the dissemination of this message.

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