GGR considering Court action in Govt declaration

Equality Rights Group Chairman, Felix Alvarez (left), has made a brief public statement following recent media information that government, through the offices of the Attorney General, has filed for a hearing regarding the constitutionality or otherwise of Gibraltar's current law on the unequal sexual age of consent (16 for heterosexuals and lesbians but 18 for same-sex male partners).

In a brief statement to the media, Mr Alvarez has revealed that he has given instructions to the group's lawyers to consider intervening in this matter.

"There are important judicial and other implications to this move, and GGR is actively considering pursuing them in the Courts. I will be making no further comment at this juncture, and until further developments require," Mr Alvarez ended.

We welcome Police recognition of homophobic crime

Following a Royal Gibraltar Police (RGP) statement last week that an alleged homophobic attack had recently occurred in Gibraltar, Equality Rights Group GGR has welcomed the police's public statement.

"Up to a few years ago, GGR worked closely with the RGP, engaging in regular face-to-face meetings with the Commissioner and his team. This was seen as a positive dialogue of benefit to both sides. So much so that GGR created and undertook training sessions regarding sexual minority citizens from the perspective of police awareness for new recruits," Chairman Felix Alvarez commented.

"Following some important allegations of homophobic crime in Gibraltar, the matter was raised with the Commissioner at one of our meetings. However, we were, at the time, surprised by a less than constructive attitude and a refusal to recognise the existence of homophobic crime in Gibraltar. At that point, representatives of GGR broke relations with the RGP, insisting that if recognition that the protection of sexual minority citizens did not feature as a fundamental obligation of the police, there was little value to on-going dialogue. GGR made a public statement to that effect."

"It is therefore with satisfaction that we welcome the RGP's recent explicit recognition of homophobic crime in their latest statement on this matter. The fact that the police are now willilng to call a spade a spade and have departed from what, until now, has always been an exercise in avoidance by categorising homophobic acts of delinquency under wider terminology is both healthy and positive. It is a stepin the right direction towards effective policing and protection of sexual minority citizens in our country."

"We therefore openly welcome the police's new public stance, as it will contribute to not only bettering relations with the RGP, but will also build confidence and trust towards them from individuals, easing thus the freer interchange of information which can only benefit the RGP in carrying out its role more effectively," Mr Alvarez stated.

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.