Responding to the news that the Gibraltar Government intends to seek a declaratory ruling from the Supreme Court on the Rock regarding the constitutionality or otherwise of the presently unequal age of consent (16 for heterosexuals and lesbians, and 18 for gay men), Equality Rights Group Chairman, Felix Alvarez (left), has today said tht "GGR is not only pleased to see that the law will be tested through proper democratic means in the Courts, but also that inthe case that the Court decides the present law to be discriminatory, the people themselves will be able to participate in deciding the precise age at which any new law would be set. Nonetheless, GGR is astounded at the way the tax payers' money is being thrown about so liberally, when all that is normally required is for a simple consultation process to be put in place at zero expense. Ofcouse, we will have to see whether the Chief Minister, Peter Caruana's proposed Referendum is simply about age of consent or whether it is a wider ploy to try and scupper progress on other issues as well."

"Nonetheless," continued Mr Alvarez, "given the fact that not too long ago, Government introduced severe cutbacks on access to legal aid by ordinary people, making it virtually impossible for Gibraltarians to get funding from the public purse on civil issues, the fact that he dips so regularly and so deeply into the public pocket to indulge in legal manoeuvres which are doomed to fail is symptomatic of many things. This comes within the context of the European Court of Human Rights clear rulings that inequality in age of consent legislation violates the European Convention of Human Rights, but also reflects the increasing weakness of the Chief Minister politically and leads us to various considerations."

"Firstly, that Mr Caruana is now besieged within his Party with internal divisions - a substantial numberof his Ministers are clearly in disagreement about the direction he is taking Gibraltar, and this has been made plain in their arguments and voting in Parliament recently on this same question of the age of consent, wherein leading members of his Government argued in favour of reducing the gay age of consent to 16 in order to achieve equality with heterosexual citizens. Four out of ten Government Ministers voted in favour of this change out of a total of 10 Government seats in Parliament. The Opposition, at the same time, clearly pronounced itself in favour of equalisation as a block, whilst opposing the Government's refusal to introduce the law via the mechanism of a free vote. The argument rested on the fact that, under international law, there exists an inescapable international obligation to change the law, and this cannot be dealt with on a conscience basis."

"And, secondly, that there is no doubt that the Foreign & Commonwealth Office in London have a clear, up-front determination throughout not only the Overeseas Territoriesbut at a global level as part of its international Foreign Policy. This was recently re-stated by Chris Bryant, the Foreign Office Minister, in which he made no bones about his commitment to ending any kind of discrimination against sexual minorities. Mr Caruana can only be too aware of these facts."

"The public at large in Gibraltar are increasingly perplexed. They do not understand why it is that so much fuss is being made over something which most people now see as only far - that all citizens should be treated equally."

"In this respect, Mr Caruana knows his winning streak as a politicianis over. His strategy for a long time has been in line with his "over my dead body"policy. Whether in the case of the lesbian couple seeking joint tenancy rights in Government housing which have been denied to them by Government because of their sexual orientation, and which is shortly to be heard by the UK's Privy Council, or indeed on the issue of age of consent (where Gibraltar is the only European country not to already have equalised). Mr Caruana is insistent on keeping Gibraltar little in every respect. Little in mind, little in progress, and little in equality.

"The sad diagnosis is this: Mr Caruana is living in the past. His time is over. It is good, however, to hear new voices with an openness to the future arising with the Gibraltar Social Democrats, the party currently in Government. We welcome that fact, as indeed we welcome the Court action Government has announced. That is not to say that whatever the Supreme Court rules will remain at the Supreme Court. There is a hierarchy of legal action, which means GGR will fight any ruling it considers erroneous to whatever level is necessary. We are and have been prepared for all eventualities, and as I have previously announced, details will be released tothe public at the appropriate moment," the statement ended.

No surprises in Parliament's defeat of the Age of Consent Bill

Equality Rights Group GGR Chairman Felix Alvarez has reacted to news that the Private Member’s Bill presented to the Gibraltar Parliament has been defeated as “not surprising.”

“However, the reality is quite different from what has been painted. The truth is that a clear majority of Parliament are actually in favour of equalisation. And the public must not be confused by the complicated manoeuvres which have fudged the realities. The single most important truth is that a majority of MPs are now clearly in favour of equalisation since all members of the Opposition without exception have made their support for equality clear as a block (even though they had to vote “no” to what they considered a flawed Bill), in addition to 4 members of Government. That fact is real and cannot be glossed over. Whilst GGR was already aware that Government was split not only on age of consent but on other gay equality issues, it is gratifying to find that the GSD government is progressing in its realization that Gibraltarian citizens cannot be denied progress and equality. We congratulate Government members who voted to pass the Bill, and in particular the Justice Minister for his courageous sponsorship. We congratulate the Opposition, likewise, for their principled stand and for unequivocally standing up for equality. The only regret, however, is that they were obliged to take the stand they did. ”

“This is not a defeat for age of consent equalisation. It is a defeat for Democracy and respect for our community,” added Mr Alvarez. “And it is a result of the additional fact that Government consciously called a lightning meeting of the House, in the full knowledge that a good number of Parliamentarians were absent from Gibraltar and in its procedural obstruction of a motion to make wide consultation with the public a possibility. That single truth makes the whole argument over Government’s concerns for the delicacy of the issue and the need to reflect the wider community’s concerns questionable, to say the least. We have to acknowledge that on this sensitive issue, there are two main views to this divide – those who want to increase and those who wish to maintain the 16 year level which has been in place for over 150 years. That reality about our community’s views should have been respected and reflected in consensual debate, as GGR has maintained throughout. A debate which should have formed the basis upon which well-founded decisions could have been arrived in order to effect a just and acceptable modernisation and compliance with international law requirements.”

“What cannot be done is to impose an age. What must be done is to implement equality. As a serious human rights organization, Equality Rights Group has never expected a positive outcome to this Bill given that the Chief Minister himself has repeatedly made clear from the outset that progress towards non-discrimination measures for sexual minorities will only come when he has no further option. We have previously warned that Mr Caruana is leading Gibraltar towards an international stand-off on this matter, something which does little service to our country and our people who, increasingly and majoritarily, fail to understand the sense behind this attitude. The Campaign for an equal age of consent will continue, and GGR has already put in place further steps and measures which we shall announce in due course.”

We call on MEP candidates & parties to break the silence

Charles Trico (left), Equality Rights Group GGR Secretary, has today called on “all MEP candidates asking for votes from Gibraltarians to say exactly where they stand regarding the rights of gays and lesbians in this community. Whilst the gay community has received not inconsiderable support from some MEPs, notably Graham Watson, as far as public statements during these European elections are concerned, so far all we have heard is a deafening silence on their position regarding gay people’s rights from each and every person who has been presented to the public asking for their votes.”

“It’s not as if there is nothing to have an opinion about any more, is it?” asked Mr Trico, referring to the presently lively topic of age of consent before Parliament, as well as to the challenge going before the courts regarding Government’s refusal to grant joint tenancy to a same-sex couple.

“We are seeing politicians come and politicians go. Why is it we continue to have to prompt them to make statements about the rights of sexual minorities? It’s about time that, at election time, they were clear and upfront with the voting public, whichever way they think.”

“Whether it’s progress or otherwise, it appears that it’s the politicians who now need help in ‘coming out’” on issues which are not necessarily ‘convenient’ for them”, ended Mr Trico.

Age of Consent: Gib Govt could provoke international stand-off

Referring to the presentation of a Bill to equalise the age of consent in Parliament yesterday, Felix Alvarez, Chairman of Equality Rights Group GGR has welcomed the fact that “after 9 years of GGR raising the public debate on sexual minorities in Gibraltar, we are pleased to see that Parliament has finally considered the
question of age of consent inequality currently in force.

Mr Alvarez stated that “Justice Minister Mr Feetham’s private support for a change in the law is notable, as is the unanimous and principled support in favour of equality given by the Gibraltar Socialist Labour Party (GSLP)/Liberals not only now, but for the past 6 years. Leading opposition member Fabian Picardo’s unwavering arguments on behalf of the Opposition was the culmination of solidarity with sexual minority citizens in Gibraltar since 2003.”

“Whilst Government has failed to introduce the debate as a public Bill on what, after all, is a public issue and, instead, preferred to rely on one of its own members in a purely private capacity, it has, nonetheless passed the motion to proceed on the formal reading of a Bill to equalise the legislation. This, in effect, falls short of Government’s legal requirement to comply with what is unarguably an international law obligation and not, as they have argued, a mere question of ‘conscience’.

“In this, the Opposition’s vote against proceeding on a Private Member’s basis is consistent with their principled stand on the need for Gibraltar to respect and comply with international law commitments. They have, however, made absolutely no bones about their commitment to equality for sexual minority citizens in Gibraltar. It is, in our opinion, an admirable position to have taken and we cannot but agree with their view that Government has collectively failed in this regard.”

However, Mr Alvarez continued by saying that “No change of the law occurred today. What we have witnessed in Parliament is just a first stage. The government benches have today refused to confirm, in questions from the Opposition, as to whether they intend to support the proposed Bill or not when it eventually comes before the House. Whilst we would hope that Government complies with its obligations under the European Convention of Human Rights by voting majoritarily in favour of equalisation, if it steers away tactically from doing so, it would be acting provocatively by purposely leading Gibraltar on a head-on collision with both the United Kingdom government and the Council of Europe. And that would be a disservice to Gibraltar and Gibraltarians.

“We must understand that the British government itself is duty bound to honour the European Convention of Human Rights, and any obstacle on the part of the Gibraltar Government by permitting voting against equalisation would be an act of high irresponsibility in terms of the Gibraltar-UK relationship. Gibraltar has more important things to do at an international level than to endanger that relationship by provoking situations such as these.”

“Failure to comply with international law on the part of Government could once again result in it being forced to the highest courts in the land at huge cost to the taxpayer. This would exacerbate the already extravagant spending government is undertaking in defending the issue of discrimination against same-sex couples in housing.”

“Government Ministers have been suggesting that the matter must be put to a ‘conscience vote’ since, it has been said, they have scope to argue maintaining the inequality on the basis of “reasonable and objective” justification in law. After hearing the debate in the House today, it is difficult to believe they sincerely hold this recalcitrant opinion, as the European Court thoroughly demolished that particular argument back in 2003 and Government would be well-advised to reconsider their position before embarking on dangerous confrontations with HMG, which risk direct intervention on an issue of international law.

“Furthermore, that a Bill which purports to ‘modernise’ legislation should continue to retain demeaning and insulting language to the disabled in our community is wholly unacceptable.

“Mr Feetham’s Bill perpetuates the anachronistic language of old legislation by labelling the cognitively disabled as “imbeciles, idiots and defectives” and his apologia in the House today for this fact just does not wash. Given his welcome move to address inequalities in our community, it would be advisable that, in a Bill whose principle aim is to equalise the age of consent he either drops the sections in which these terminologies arise in favour of addressing them appropriately and respectfully in his announced wider modernisation in a proposed new Crimes Bill, or he amends the terminology. Perpetuating offensive language on administrative grounds is both condemnable and disrespectful.”

“Furthermore, the retention of the offence of “gross indecency”, a 19th century legal term created to punish homosexuality, has long disappeared from most statute books in favour of a gender and sexuality neutral focus around the issue of public order. For most reasonable people will agree that what consenting citizens of any sexual orientation do in private is nobody’s business, least of all Government’s. Again, the thinking behind the drafting of this Bill suggests a regrettable lack of awareness as to what modernisation requires in terms of equipping the law to the context of the century we live in. Nonetheless, we fully welcome Mr Feetham’s move to remove the offensive term ‘buggery’ from the statute book and see no reason why the more factual and correct term ‘anal intercourse’ could not be used in a neutral manner.”

“In brief, it is far too early to make definitive statements. We reserve our judgement until the outcome of the debate on the Bill eventually comes before the House. At that stage, the intention behind current moves will become clearer. Meantime, there will be no let-up in GGR’s campaigning on this issue” Mr Alvarez ended.

Caruana should hold his promised Traditional Values Referendum!

The group insists Parliament will debate the Age of Consent issue out of obligation, “not personal conscience”

In a statement to the media, Felix Alvarez, Equality Rights Group GGR Chairman, has today said he welcomes “the announcement that Parliament will soon debate the Age of Consent issue,” adding that “it is clear this is happening because after 9 years of GGR’s campaigning, international law institutions are serious in requiring that the Rock complies with its obligations. Quite simply, the matter is being raised in Parliament out of obligation and not because of some sudden sense of personal conscience within the Chief Minister’s ranks.

“In fact, I have to say that GGR is very disappointed to find that, so far, Mr Caruana has failed to put before the people the much-touted Referendum on traditional values he so tantalisingly promised some time back. We would urge him in this endeavour as we would with any open discussion on difficult issues, and cannot understand his hesitation.”

“While we will not comment on the proposed introduction of a Bill by a member of government until we have read the detail, we appreciate all individual commitments to equality. Despite the Party leadership, we believe there are nonetheless decent GSD members who are in favour of social change and who have been active in advocating it within their Party. On the other hand, we expect that, following their various Manifesto commitments, the GSLP/Liberal Alliance will be voting unanimously in favour of equalisation. However until change is confirmed by Parliament, GGR will not dismantle its active campaign work on the issue.

“This being the case, GGR remains on course for two further phases in its campaign which, depending on results, may continue: firstly, we have started work in re-engaging the Council of Europe after its requirement a year ago that the British Government ensure age of consent equality in Gibraltar “within a reasonable period of time.” The CoE normally expects rectification within a one-year time frame. That time has now elapsed. Additionally, GGR has already placed a new Report before a new Human Rights Inquiry announced on 2 April by the Foreign Affairs Committee of the House of Commons and which is presently before that institution. The new submission has been undertaken jointly by GGR and a European human rights organisation (ILGA-Europe) and aims to highlight the UK government’s failure to date on age of consent in Gibraltar."