EQUALITY RIGHTS GGR

'Another step towards Equality says GGR after Supreme Court ruling

2011-04-08T17:10:00.000+01:00

After almost eleven years of their campaign to bring equality to Gibraltar's age of consent law, Equality Rights Group GGR is today celebrating what they consider to be 'a first but very hard won step forward towards equality for all sexual minorities in Gibraltar.'

'There is no doubt,' added Acting Spokesman for the group Charles Trico, 'that much still remains to be done and we will be keeping an eye out for political parties' promises in their coming Manifestoes. But this first major hurdle towards Gibraltar law recognising equality for this sector of our community is a litmus test not only for how the issues have moved on in modern societies generally, but especially in Gibraltar since GGR started to air the questions affecting LGBT people on the Rock in September 2000.'

'Despite many difficulties over the years, it is good to see the law finally agreeing with our arguments. We hold no bad feeling or rancour towards any side, and extend a hand of friendship towards anyone who may represent an opposing view. We are also always willing to dialogue with any government or Party whatever their colours. This is an opportunity for political attitudes to change to this question, and for people to wake up to the fact that Gibraltarians have 'moved on' from prejudice towards a more accepting attitude towards minorities.Let me take this opportunity to thank John Restano of Hassan's for his committed and sterling work, as well as the UK Government and Unite the Union for having supported the arguments for equality on sexual orientation in Court.'

'Meanwhile, Mr Trico ended, 'I have been asked to add that GGR expects to announce the results of elections of a new Chairperson for the group in the coming weeks.'

2011-03-04T21:22:00.001Z

Felix Alvarez interviewed on Gibraltar Radio and TV about his 10 years as Chairman. Acknowledgments and thanks to Gibraltar Broadcasting Corporation (GBC)

2011-03-02T22:17:00.000Z

Equality Rights Group GGR has today announced that Felix Alvarez, founder and up to now Chairman of the group, gave notice some months back that he would not be standing for the post at upcoming periodic elections within the group, due to take place next month.

‘After over a decade in post, and having taken the programme for equal rights forward to successful conclusion on various counts, it is now time for fresh leadership,’ Mr Alvarez stated. ‘I continue to be interested in the rights of all people and I do not intend to give up contributing to furthering citizens’ rights,’ he said.

‘The aims of generating social dialogue, debate, awareness, and establishing important legal and political precedents are all there now for sexual minorities in Gibraltar, though much still needs to be done. The judgment on the age of consent issue is still pending, but there is little doubt in my mind that equalisation will have to come. GGR in its election of a new Chairperson and Committee will, I am confident, be continuing the campaign work and the evolution of issues into the future.’

The Group has said that it will make a statement regarding Mr Alvarez’s successor in due course, and has thanked him for the ‘very hard work, unceasing commitment, intelligence and prudence with which some extremely difficult goals have been successfully achieved over the past ten years.’

GGR hosts visit of leading international lawyer to Gibaltar

2010-06-24T14:07:00.001+01:00

In a statement to the press, Equality Rights Group Chairman, Felix Alvarez, has announced that the group is hosting the visit to Gibraltar of Professor Robert Wintemute at the beginning of July.

"Professor Wintemute obtained his Doctorate in Comparative Constitutional Law from the University of Oxford, and currently leads King's College London's Human Rights degree programme. He is considered one of the leading international experts on sexual orientation law, in particular with regards to the European Convention on Human Rights. He has an impressive track record of representation at the European Court of Human Rights and elsewhere.

"Robert Wintemute will be holding a series of meetings during his stay, and we are honoured to host his visit and to welcome him to the Rock," the statement ended.

Age of Consent: We call for 'reconciliation of differences' between Justice Minister and Women's Association

2010-05-20T12:06:00.001+01:00

GGR suggests ‘near to age’ provisions in consent law to bring together the community

Equality Rights Group GGR Chairman Felix Alvarez has called for a ‘reconciliation of differences on the age of consent issue between the Minister for Justice and the Gibraltar Women’s Association. Both, after all,' says Mr Alvarez in a statement to the Press, 'are in favour of an equal age of consent. Let all parties therefore engage constructively on seeking the best way forward in the interests of Gibraltar as a whole.’

‘In this respect,’ stated Mr Alvarez, ‘I believe that it may be useful, as a suggestion, for ‘near-to-age’ provisions in age of consent law found in other jurisdictions to be taken into consideration as a means to reasonably addressing the feelings of community opinion. ‘Near-to-age’ in this context means that the law can be written so as to make sexual activity legal between persons close to each other in age, but still set margins beyond which an unacceptable difference in age between one partner and the other would be determined in law. This may reasonably address the issue of predators. For example, if the consent age were set at 16, there is nothing to stop the law from requiring that consenting sex be lawful between a 16 year old and a person up to no more than two years older. However, once 18, the person would be free to engage in any consenting relationship. It is important not to lose sight of the fact that this debate is, indeed, about consent, and that we already have laws to deal with sex where consent is absent. The two issues are often, but should not be, confused.

‘As Chairman of GGR, I am more than happy to engage in talks with the Minister for Justice on the matter," Mr Alvarez ended.

Spanish TV4 coverage of age of consent issue in Gibraltar 8th April 2010

2010-04-09T18:01:00.001+01:00

Click the link to watch this Spanish tv national news report. More to come. Watch this space!

http://www.youtube.com/watch?v=9VKZ6uLKvEc

Age of Consent court case: Caruana would do the same as the UK in their shoes

2010-03-31T13:02:00.001+01:00

Alvarez accuses Caruana of a homophobic crusade ‘at tax payers’ expense’

Responding to news that the British government has filed to intervene in the upcoming Supreme Court hearing on the age of consent issue, Felix Alvarez, Equality Rights Group Chairman, has welcomed the fact that “the UK, the party responsible for this matter under international law, has once more made its position clear regarding the legal obligation for the age of consent to be equalised.
Mr Alvarez further stated that “Mr Caruana would do exactly the same as the UK is doing were he in their shoes. Perhaps he hasn’t yet understood that the British government is under an inescapable legal obligation under the European Convention of Human Rights to ensure there is no inequality in this law in Gibraltar. Indeed, two years ago, HMG was given notice by the Council of Europe Committee of Ministers (the highest sanctioning body in that organisation) to ensure this came about.
“Almost a year ago I publicly warned that the path the Chief Minister was treading could provoke a confrontation between Gibraltar and Britain on this matter, a situation which would be of great disservice to Gibraltarians.
“Nonetheless”, Mr Alvarez continued, “Mr Caruana did not present a Bill guaranteeing equalisation would take place. Instead, he used the delaying tactic of a free vote, risking an uncertain outcome, thus ignoring the legally binding nature of the requirement.

“For a Chief Minister of Gibraltar to place the whole community so close to direct intervention by the UK, and despite his much-touted new Constitution, is irresponsible to say the least. One can only conclude that Mr Caruana cares very little for the wider interests of Gibraltar in its UK relationship when it comes to promoting his on-going crusade at tax payers’ expense against the Gibraltar gay community in pursuing what is a sectarian homophobic agenda. Gibraltar is for all – and the Chief Minister must look after the interests of all its citizens, without exclusion,” Mr Alvarez ended.

We welcome age of consent change in Guernsey

2010-03-26T17:08:00.000Z

Following the recent passing of a law equalising the age of consent in Guernsey – a UK dependent territory – Equality Rights Group GGR has welcomed the news.

“This is one further example – closer to home – of the increasingly unacceptable injustice which is enshrined in any unequal age of consent law. Guernsey, like the UK, has opted for a consent age of 16. The arguments whether medical, psychological, social or justice-wise seem to hold water not only at UK level, but indeed across the majority of European states.
“GGR itself has never advocated any particular age level for consent, but instead has insisted over the past 9 years since it started to campaign on the issue, that equality is the fundamental point at heart. We continue highlighting that inequalities between citizens breach not only common-sense and fundamental democratic norms, but indeed only serve to create an atmosphere of social division, not cohesion.
“GGR looks forward to the rectification of Gibraltar law through the democratic mechanism of parliamentary change.”

Government finally equalises housing policy

2010-03-23T16:58:00.002Z

We will continue working for Equality - whether Gibraltar's Chief Minister likes it or not!

Equality Rights Group GGR Chairman, Felix Alvarez (pictured left) has acknowledged Government’s announcement that it has changed its policy in housing allocation to recognise the right of a lesbian couple to joint tenancy of a government flat. This follows the decision of the Privy Council, the UK’s highest court, that discrimination against same-sex couples in housing issues by the Government of Gibraltar was illegal.

“There was never any sense or benefit,” said Mr Alvarez, “to anyone in insisting that a same-sex couple should not be able to live together, and that, instead, they would be granted two separate housing units instead of one!” Mr Alvarez stated. “This change benefits everyone who is looking for government housing in Gibraltar in a situation of housing stock shortage.”
“Furthermore, what a dreadful waste of tax payers’ money this stubborn and behind-the-times attitude of Mr Caruana’s has turned out to be!” indicated Mr Alvarez. “Let us hope the Chief Minister has learnt his lesson in modern equality law on this occasion and does not subject the public to a similar waste of money on the pending claim regarding equalisation of the age of consent in Gibraltar. Certainly, GGR will continue to press for equality in this area of law, as well.”
“On the housing issue, whilst it has taken several months since the Court decision for Mr Caruana to finally make public this change in policy in compliance with a legal requirement, there was never any doubt whatsoever that it would have to come about. Same-sex couples today needing government housing now clearly know they will need to be treated on equal terms with other citizens.
“It is a matter of regret, however, that so much public money had to be wasted in pursuing a claim that was evidently going to fail – not only because of legalities, but also because public opinion has shifted not only Europe-wide on many of these issues, but in Gibraltar itself. People today just do not see discrimination in this field as fair or correct any more. We are confident that full equality for gay people is just round the corner, and GGR will continue working for it, whether Mr Caruana likes it or not.”

GGR questions proposed new Govt law

2009-12-06T17:53:00.007Z

Equality Rights Group GGR Chairman, Felix Alvarez, has today questioned the publication by the Gibraltar Government of a proposed Bill granting exclusive powers to the Chief Minister (Peter Caruana) or his designate to refer issues of constitutional compatibility to the Courts.

"In the first place, the Courts have long had sufficient jurisdiction under Gibraltar law to rule on the constitutionality or otherwise of any legal provision. Government knows this to be the case, and it is for this reason that it announced not so long ago that it had asked the Attorney General to apply for a declaration from the Courts regarding the age of consent provisions which currently stand. It is with some dismay, however, that barely a few days after the Attorney General filed his application, Government published a proposal for a new law which confers powers to the Chief Minister or his designate alone to be able to refer a question of constitutionality to the Courts.

"This coincidence in timing raises suspicions that Mr Caruana may have realised that the Gibraltar Constitution would not allow him the powers of referral to the Courts that he appears to be seeking, and is now aiming to bridge the gap via the mechanism of a new law. GGR is currently examining the legal implications of the Bill. Constitutional amendment is normally undertaken via a rigorous process with high parliamentary benchmarks, and the possibility that such established procedures could be circumvented at the flick of a Government pen raises serious issues for our democracy.

"Even if the new proposed law does not infringe constitutional precepts, as Chairman of a Gibraltar human rights and democracy organisation, I have the obligation to question why it is that only the Chief Minister or his designate are to be given the right to obtain compatibility rulings from the Courts under the new Bill. Government has a vast machinery and huge financial resources and teams of lawyers at its free disposal. Civil Society does not. It is Civil Society which is at a vast democratic disadvantage in being unable to fund and obtain constitutional rulings. It is Civil Society, therefore, which has most needfor safety nets such as the one the Chief Minister is intending for Executive use only.

"While compatibility issues are indeed addressed by Ministers in other countries - the UK, for example, through the Human Rights Act - it is the politician who makes declarations in Parliament as to such matters. In effect, the Chief Minister would be passing the buck to the Judiciary. This is a dangerous precedent on two counts: firstly, because the Executive arm of Government could be appropriating powers for itself which it could easily abuse for its own political ends in what should be an even democratic playing field. And, secondly, because the Judiciary should not be placed in a situation of having to make assessments verging on the political. The principle of Separation of Powers in a democracy is fundamental, and the proposed Bill could dangerously fudge the necessary margins.

"This move by Government deserves open and ample debate about not only the proposed Bill, but also concerning the manner in which our society is moving with respect to the skewing of the balance of power between citizens and the Executive. We urge Mr Caruana to reconsider his proposed Bill and, as a very minimum, ensure that the powers currently to be awarded to the Executive alone be balanced out by providing similar rights for Civil Society in a set of clear, detailed and fair provisions which would allow the imbalance between the power and resources of Government and that of Civil Society to be satisfactorily addressed," Mr Alvarez ended.

GGR considering Court action in Govt declaration

2009-11-06T14:26:00.004Z

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

2009-10-18T23:06:00.003+01:00

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.

2009-07-16T14:52:00.003+01:00

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

2009-06-18T23:44:00.000+01:00

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

2009-05-30T16:41:00.006+01:00

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

2009-05-17T23:58:00.007+01:00

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!

2009-05-04T11:17:00.007+01:00

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."

Government continues to waste tax payers' money

2009-03-26T18:00:00.001Z

Following recent news of a Gibraltar Appeal Court ruling on the on-going lesbian joint tenancy case, Equality Rights Group GGR has criticised what it calls “Government’s wasteful use of taxpayers’ money in pursuing court actions which, in the end, it will have to go back on.

“The facts are these: while government spends many thousands of pounds in preventing a gay couple from being able to occupy one flat jointly instead of being allocated two separate housing units as a couple of long-standing, they know as well as we do, that the EU will be introducing binding law which will make discrimination in housing illegal on the grounds of sexual orientation. In other words, government will have no choice in the matter in a few years’ time. The vast majority of Europeans today consider the kind of treatment being meted out by the Housing Allocations Committee to same-sex couples as unfair and unacceptable.

“Despite this, the Caruana government continues to pour big money into the defence of a position it is doomed to lose. What kind of reasoning is this when not so long ago we were being told by the Minister for Justice that the access of ordinary citizens to Legal Aid had to be re-defined and curtailed in order to save money?

“Something somewhere just does not fit in what appears, more and more, to be a government policy led by prejudice and homophobia.

“The rulings of the Courts must be respected at all times. However, judgments are subject to further appeal. GGR will continue to support this and any other same-sex individual or couple with a just cause in discrimination to take their complaint as far as the law permits.

“In this case, we look forward to the Court of Appeal’s recent ruling being overturned either by the Privy Council in the UK, or by the European Court of Human Rights in Strasbourg. We are confident this will turn out to be so. And even if it isn’t, in a few years’ time we will still live to see government obliged to change its policy by law, whether the present administration likes it or not. The only shame is that government should still insist on wasting citizens’ money.”

Government continues to waste tax payers' money

2009-03-26T18:00:00.000Z

Plans for new EU Directive - we criticise Gib government 'extravagance'

2009-03-25T12:20:00.002Z

Equality Rights Group Chairman, Felix Alvarez (left), has welcomed news that MEPs in the EU’s Civil Liberties Committee have now formally backed plans for a Directive on multiple discriminations.

“Over the years, legislation on separate discriminations has been introduced and the EU and individual member states have been in the process for some time of bringing anti-discrimination measures together in a more coherent way,” commented Felix Alvarez, the Group’s Chairman.

“This, ofcourse, is ironic for us, since it is happening against a backdrop in Gibraltar where we hardly have any anti-discrimination law at all, and what there is, is woefully inadequate.”

“Of particular importance,” said Mr Alvarez, “is the fact that under the new Directive, governments will not be able to discriminate on housing against people whether disabled, gay, or across a range of categories.

“Government should take note. It is just 3 months since the Gibraltar courts ordered the Housing Committee to re-consider their discriminatory treatment of a lesbian couple regarding a joint tenancy, a decision they subsequently refused to change. The case went to appeal, at huge expense to the Gibraltar taxpayer. And it is likely to proceed further and further until exhausting the judicial process at Strasbourg.

“This indecent use of taxpayers’ money to simply delay the inevitable, only serves to emphasise the entrenchment of a Gibraltar government increasingly at odds with modern trends in social law.

“If we are to believe that government is serious about cutting down costs on litigation, this kind of spending is not only disproportionate, it is also extravagant. At the end of the day, we are talking about treating all citizens in a fair and equal way.”

Alvarez hails Gibraltar court decision as 'important'

2008-12-03T16:26:00.001Z

GGR preparing ‘further court action’ against Government in Strasbourg and Luxembourg

Equality Rights Group Chairman, Felix Alvarez, has hailed today’s High Court judgment concerning the right to joint tenancy of a Gibraltarian lesbian couple. The case was decided by Mr Anthony Dudley, Acting Chief Justice, and Mr Alvarez described the judgment as ‘the first important same-sex rights issue to have been taken up by the Gibraltar courts.”

“Following the Court decision, GGR calls both on Government and the Chief Minister to immediately reformulate housing policy in respect of same-sex couples, and, additionally, calls on the Housing Allocation Committee to consequently review Ms Rodriguez’ case favourably by allowing her partner to become a legitimate joint tenant.

“The Judiciary has recognised the foolishness of a government housing policy which allows for two persons in a same-sex relationship to separately apply for and be allocated different housing units, when all they want to do is occupy one. This more logical attitude would benefit everyone because it makes more sensible use of limited housing. Instead, the population at large, and especially those affected by lack of housing, are given a raw deal by a policy which is short on common sense and long on prejudice.

In further statements to the Press, Mr Alvarez revealed that “GGR has been working hard for the past 5 months in preparing the way for further court action in the coming New Year once EU legislation on goods and services discrimination is in place.

“We therefore reserve our position regarding further court actions to challenge government policies, and, if necessary,” Mr Alvarez closed, “we are determined to go all the way to both the European Court of Human Rights and the European Court of Justice.”

GGR announces international moves

2008-09-21T12:00:00.002+01:00

Felix Alvarez, Chairman of Equality Rights Group GGR (left), is in Madrid all week, according to a communiqué today.

“We are very busy on a range of issues which require international coordination,” Mr Alvarez stated. “During this week I shall be holding meetings with a range of internationally-placed organizations, individual activists, and politicians on matters of interest to GGR. I shall also be attending a three day Conference on broad-based rights issues with a view to establishing and coordinating human rights initiatives on an international front.”

Mr Alvarez reveals that “a great deal of effort has been focussed over the past months in putting together a phase of international level work for GGR designed to reinforce due changes for same-sex individuals in Gibraltar. This will include close work with MEPs and well-established organisations in Brussels, where I will also be travelling in the early part of October.”

“GGR continues to concentrate on developing local rights for Gibraltar citizens while reinforcing its wider human rights base through increasing international perspectives,” Mr Alvarez ended.

GGR welcomes Westminster Report

2008-07-07T00:01:00.003+01:00

“GGR celebrates Gay Pride low-key but in respect ,” says the group

Equality Rights Group GGR has today welcomed publication of a Report by the parliamentary Foreign Affairs Committee at Westminster into issues affecting the Overseas Territories. The group’s Chairman, Felix Alvarez, was one of the contributors to the Committee’s deliberations. In its Report, the Committee has recommended that the British Government “should take steps to ensure that discrimination on the basis of sexual orientation or gender status is made illegal in all Overseas Territories.”

Mr Alvarez says that “the Committee in its Report summarises the evidence it received on all sides, and it is clear they were not convinced on reasons why Gibraltar and Overseas Territories in general should continue to discriminate against same-sex couples.”

“The Report’s recommendations, along with recent requirements by the Committee of Ministers of the Council of Europe obliging the UK Government to deliver on equalisation of the age of gay consent in Gibraltar means that Mr Caruana’s homophobic policies are increasingly embarrassing both the UK and Gibraltar abroad, whilst painting the GSD into an increasingly internally divided corner locally.

“As Chairman of GGR and using the now traditional summer period for celebrating Gay Pride worldwide, I am happy to express gratitude on behalf of Gibraltar’s gay and lesbian citizens not only to those Gibraltarians who are increasingly supporting sexual minority friends and relatives, but who also more and more disapprove of intolerance. Also to both Joe Bossano and Keith Azopardi, as indeed all members of the GSLP and PDP, for their clear and unequivocal policies in this regard. It is not GGR’s style nor policy to organise pride parades in Gibraltar. Instead, we celebrate Pride in typical low-key Gibraltarian fashion, which nonetheless is rooted in respect and celebration,” the statement ended.

Government should now withdraw from court case

2008-06-15T00:00:00.000+01:00

Equality Rights Group GGR has today welcomed news that the EU will be introducing a new Directive prohibiting discrimination in the provision of goods and services across many categories, including sexual orientation.

Chairman Felix Alvarez commented that “EU Commissioner Barroso had previously announced that only disability would be covered by this Directive. Under pressure from the European Parliament, which potentially threatened to refuse to approve any new Commission line-up, the original promise for a wide-ranging anti-discrimination Directive has now been announced. This will mean that shops, hotels, bars and others will no longer technically be able to turn anyone away on the basis of a range of important human categories. Gibraltar at this moment in time only protects people against this type of discrimination on the grounds of race.”

Alvarez further added that “Government must now seriously reconsider their policies. In particular, they should now step down from contesting the present Judicial Review case in which a Gibraltarian lesbian couple have been denied joint tenancy simply because they are gay. The new EU law will probably be in place in 4 or 5 years’ time. The provision of housing by Government is likely to be considered a ‘service’ under the Directive and a continuation of the Caruana Government’s present homophobic housing policy will be against the law. GGR will now be studying the effect that the pending illegality of discrimination in goods and services will have across a range of government policies in order to assess actions that may need to be taken.

“My question is this,” said Mr Alvarez, “how can Government justify continuing to throw taxpayers’ money down the drain in fighting a case they are almost guaranteed to lose one way or another? Surely the right and decent thing to do, not only for the gay community, but for the community in general, is to admit their error, change their policy and give this couple the joint tenancy they want. This would not only save the public a great deal of money, but it would also demonstrate that Government is capable of owning up to a mistake and to move on. GGR would certainly commend Government for such a stance, and without reproach. Messrs Caruana and Feetham should lead by example, and if the intended Legal Aid Reforms aim to cut back on unnecessary expense, then it makes no sense for Government to pursue an expensive case through the courts in the full knowledge it is destined to lose. What’s sauce for the citizen goose must be sauce for the government gander! It's time to act sensibly in the interests of the community and the taxpayer.”

Alvarez named European Coordinator by international Foundation

2008-05-26T21:29:00.008+01:00

Equality Rights Group GGR has today confirmed that Felix Alvarez, the group’s Chairman, has been appointed European Coordinator for an internationally based human rights organisation.
“My work in Gibraltar will continue”, commented Mr Alvarez, “however it is true to say that responsibilities on the international front increasingly require my attention.”

For his part, the Director of the Beirut-based Foundation for the Defense of Prisoners of Conscience (Syria), Mr Wissam Tarif, explained that Alvarez “will contribute to the Foundation’s work in various ways. His main role, however, will be in strategizing our campaigns with the EU institutions in Brussels, and networking with other international and EU human Rights NGOs and foundations. Alvarez's credentials and standing across the whole spectrum of political and human rights issues, as well as his depth of regional knowledge and connections, will be a very real asset.

“In this role, Mr. Alvarez will be working closely with European politicians in order to augment EU external policy toward the Middle East focusing particularly on the Euro-Mediterranean Partnership, exploring more efficient ways of making EU funds spent in the Middle East work in favour of EU policy goals.”

Mr Tarif ended by saying that “FDPOC and I are glad to have Felix on board our international team and we are looking forward to working with him in the coming weeks and months in London and Europe during the course of joint meetings with a range of policy makers, think tanks and Middle East regional experts.”

Mr Tarif, of Lebanese nationality, is both a staunch pro-democracy campaigner and a well-regarded political analyst with strong ties in regional diplomatic circles, as well as a known media commentator and writer. He has coordinated human rights issues within Arab political circles and NGOs, the White House and the European Union. He is a frequent visitor to London, Berlin, Brussels and Washington DC, and is considered a policy expert on Syrian affairs.

GGR welcomes Court action and Council of Europe decision

2008-05-17T13:05:00.001+01:00

“Nowhere is the ridiculous nature of discrimination more clear than in this local Court case”

Equality Rights Group GGR has welcomed the start of a hearing in the local courts today of a complaint by a lesbian couple against the Gibraltar Housing Department. (Photo by courtesy J. Bugeja, Gibraltar Chronicle).

“It is a measure of GGR’s commitment to reasoned change through our democratic institutions that not only have we worked – and will continue to do so – for legal and responsible change to come about through parliamentary and judicial routes in our community, but we will not cease from insisting on it,” Chairman Felix Alvarez said today.

“It is ridiculous and backward in this day and age in a situation of housing shortage that two people in a committed relationship should be required by government to apply for and obtain two separate housing units when they, in fact, wish nothing more than to live together. The only reason why the Housing Dept are refusing to accept to place one of the partners as a joint tenant is the fact that they are lesbian.

“Nowhere is the ridiculous nature of discrimination and prejudice more clear than in this case. It’s time government became reasonable, stop being on the defensive, and help create an atmosphere of responsible dialogue in order to lead to what the majority of people in Gibraltar consider today to be fair and reasonable treatment of sexual minority fellow citizens.

“As Chairman of GGR I have said it so many times that I have lost track. But I will not tire from repeating it: I am willing to sit around the table with government in a spirit of reasonable understanding.”

At the same time, Mr Alvarez took the opportunity to comment on the recent statement issued by the Council of Europe’s Committee of Ministers regarding GGR’s complaint on age of consent legislation in Gibraltar.

“Statements from the Committee of Ministers are only published after consensus has been reached. The fact that the Committee clearly signalled that a change in the age of consent in Gibraltar must be effected in the ‘near future’ in order to make equality in consent between gays and heterosexuals a reality, is significant and welcome. It signals the UK’s clear endorsement.

“GGR is confident of information it has received that meetings between government and Foreign & Commonwealth Office officials have been taking place in order to reach agreement about the manner and timing of these changes. GGR clearly welcomes developments on this front and looks forward to further announcements. We shall, nonetheless, be keeping a vigilant eye on progress on this matter,” the statement ended.

Gibraltar Minister for Justice tightening noose on human rights

2008-04-13T20:38:00.006+01:00

Government’s commitment to citizens’ rights is “of the zero-fat variety”, says the group

Equality Rights Group GGR has reacted strongly to the Government’s recently-published Consultation Paper on Legal Aid and Legal Assistance. “This is more evidence that Mr Caruana and his government’s commitment to and interest in human rights is of the zero-fat variety,” Felix Alvarez (above), the group’s Chairman, stated.

“Indeed, the new low-calorie Legal Aid & Assistance Scheme Mr Feetham proposes is deliberately designed to tighten the noose around Gibraltarians’ human rights, whilst at the same time and for political cosmetic purposes, painting a façade of what Mr Caruana calls “civic rights”. Unfortunately shop-fronts like the Citizens’ Advice Bureau are no substitute for the introduction of legal rights for citizens.

“Government has just approved the purchase of a brand-new Jaguar for Mr Caruana, to replace his previous official car. Practically in the same breath, Mr Feetham now has the gall to throttle what little oxygen is available to ordinary people under the present Legal Aid & Assistance Scheme, whilst cynically using ‘cost-cutting’ as his main argument. GGR recommends to Mr Feetham and his Ministerial colleagues to reduce their high salaries and donate them to the Gibraltar economy instead as a sign of their cost-cutting sincerity.

“Furthermore, given the GSD’s narrow definition of ‘family’, Mr Feetham’s proposal to focus the civil legal assistance scheme on family law is a thinly-disguised but intentional measure to discriminate against the gay community. The aim is to make human rights litigation for sexual minorities even more difficult than it already is. In a word, the Minister for Justice himself is, both ironically and cynically, aiming to exclude the gay community from access to justice.

“Any human rights litigation which, up to now, qualifies for legal assistance will, under Feetham’s scheme have to jump various qualifying hurdles and filters. Whilst Feetham attempts to portray his proposals as a move forward, the reality is that it represents a studied curtailment of access to justice not just for gays and lesbians but for Gibraltarians as a whole. Under the GSD, access to justice as a system, is in fact, going backwards and not forwards.

“Government, at this stage, still has an opportunity to correct the defects in its proposals for this scheme. However, if the new legal aid and assistance scheme is eventually put in place by this government without the necessary corrections, Mr Caruana can only expect confrontation from across the community. In the meantime, and in parallel to Government’s publication of its Paper, GGR is already consulting across the Gibraltar community and putting in place the necessary legal and political contacts with relevant authorities as a first step towards any challenge which it may be necessary to mount against Government for breach of fundamental rights.”

We thank PDP for support on Whistleblower law

2008-03-27T19:09:00.001Z

GGR says GSLP/Liberals have remained ‘silent on the matter’

Equality Rights Group GGR Chairman, Felix Alvarez, has today thanked the leader of the PDP, Keith Azopardi, for his Party’s swift support in the group’s recent call for introduction of Whistleblower legislation, “even though they did not have the courtesy to acknowledge GGR’s role in that recent initiative in their press release.”

“In contrast, we give credit where credit is due, and the PDP rightly points to the very particular requirements for Whistleblower protection in a community as small as Gibraltar, where Government is more ‘on top’ of citizens than in larger countries.

“It is for this reason, and due to the increasing experience that is being accumulated regarding the fate of individuals who take the trouble to stand up to alleged malpractice or corruption, that GGR, concerned as it is with the rights of citizens in our community, issued the call.

“We would, similarly, appreciate hearing publicly from the GSLP/Liberal Alliance, to whom our call was similarly directed, but who have remained silent on the matter” Mr Alvarez stated.

We call for Whistleblower and Anti Corruption Legislation

2008-03-11T15:15:00.007Z

Alvarez says “a system lacking effective vigilance over corruption and malpractice is one we cannot have faith in”

“We should support not punish Whistleblowers,” says GGR

Equality Rights Group GGR Chairman, Felix Alvarez, has today called on the Chief Minister, Leader of the Opposition Joe Bossano and PDP Leader Keith Azopardi to make public commitments to the introduction of legislation to support Whistleblower and anti-corruption vigilance.

“I am happy to work closely with political leaders to look at possible statutory measures for adoption. The present Criminal Offences Act handling of corruption issues is no longer sufficient, and certainly the role of whistleblowers is an important extra that democratic societies today are building into their laws,” Alvarez said.

“Citizenship in Democracy is the slogan I work to as Chairman of this Organisation, and with the merest suspicion of corruption or malpractice goes a loss in ordinary people’s faith in politicians and in the system in general. Today, Gibraltar is no longer the small town society it used to be. It is a place awash with investment and project money. It is a country ever more complex. And without measures which restore faith in politicians and officials, it is difficult for the ordinary citizen to believe that there is an even playing field, an equality of opportunity, and a clean slate with regard to institutional even-handedness and non-abuse as well as transparency in the handling of capital and commercial opportunities,” he said.

“Corruption and malpractice occurs in every country, whether rich or poor, developed or not. In many of the most advanced nations, and in some of the most powerful international institutions this has been so emphatically recognised that clear and open measures have been adopted to combat corruption and protect whistleblowers. Acknowledgment of the reality of corruption is therefore the first important step we must all take.

“As things stand today in Gibraltar, those people who have the moral courage to stand up to denounce irregular practices cannot rely on official protection for the service of vigilance they offer society at large. Instead, they face the very real possibility of themselves becoming victims. They can lose their jobs, face long years of difficult and expensive court trials, and endure crippling suffering and loss to themselves and their loved ones. This is a huge injustice when, in fact, as a society we should be grateful to these people for acting with a conscience in the service of us all.

Caruana's Foreign Affairs Committee intervention: 'embarassing red herrings"

2008-03-05T16:24:00.002Z

“The Chief Minister’s intervention before the Foreign Affairs Select Committee this week was embarrassing because of its misleading ambiguities,” Equality Rights Group GGR Chairman, Felix Alvarez (pictured left), stated today in a communique to the press.

“Once again, Mr Caruana has tried to pull the wool over everybody’s eyes by saying that the 2006 Constitution is a full and modern expression of the European Convention of Human Rights in Gibraltar. While this may be the case in purely legalistic terms, what is the use of such a status to the ordinary person facing the violation of his human rights if it means he has to trawl before the Gibraltar courts, mortgage his and his family’s life to be able to pay the lawyers’ fees, only to end up having to go through the whole thing all the way up to Strasbourg? The reality is that this situation would have been different had Mr Caruana accepted the request I put before him for full incorporation of the Convention into the Constitution. Instead, he consciously chose not to do so. The reason is clear: he does not wish to see citizens being able to have easily accessible and open human rights in Gibraltar.

“Whilst ,according to reports, Mr Caruana has told the Committee that Gibraltar is in the very same situation as the UK even after its passing of the Human Rights Act 1998, the reality is this: under the UK’s law, judges must make law ‘compatible with’ the European Convention. This is a status very close to incorporation of the Convention into UK law. However, under Gibraltar law judges only have to take European Convention decisions and opinions ‘into account’ in reaching their own judgments. “Taking into account” is not the same as making local law ‘compatible with’ the Convention, and whilst the Chief Minister may feel quite able to pull the wool over the general public’s eyes on legalistic details of this sort, eminent Parliamentary members are unlikely to fall for fishiness of such a red variety from Mr Caruana.

“The reality is this: in Gibraltar judges do not have to match the Convention as highly as in the UK. The difference to ordinary people is that they are far more likely to have their human rights addressed at local level in the UK than in Gibraltar, Mr Caruana or no Mr Caruana.
“On the age of consent,” Mr Alvarez added, “it would appear that, finally and at long last, the Chief Minister is beginning to see the light. During his intervention, he appears to have conceded that his cluthcing-at-straws last-ditch legal attempt to save face in the light of GGR's successful campaign by constructing a case based on an “objective reason” for denying equality in age of consent legislation is not likely to succeed. It is good that Mr Caruana is now agreeing with GGR as to the meaning of the European Court’s decisions and looks forward to government finally conceding defeat on this matter.”

Industrial Tribunal concern - subtle Prisoners of Conscience categories are not acceptable

2008-02-25T09:57:00.005Z

“Aspects of the manner in which the Industrial Tribunal is being run are giving us reason for serious concern,” Equality Rights Group GGR Chairman, Felix Alvarez, has today stated in a press release a day before the Joanna Hernandez case is due to be heard once again. Ms Hernandez has claimed unfair dismissal following what she alleges to be instances of mismanagement and physical and sexual abuse at the Dr Giraldi Home.

“As many will know, as a human rights organisation, GGR has closely monitored developments in the case of Ms Hernandez and will continue to do so. Whilst the case is currently still on-going, GGR has, nonetheless undertaken a preliminary but close study of aspects of the case so far. This is leading us to begin consideration as to whether steps will need to be taken by this organisation in relation to these concerns.

“In relation to this, we shall be keenly noting whether the Tribunal finally provides for Ms Hernandez to be allowed to fully present all her evidence in the form of Witnesses and their Statements which the Chairman of the Tribunal must now, in the interests of natural justice, rule on once and for all and in a manner which clearly upholds the right to a fair trial.

“In this society we do not purport to torture or imprison people for their beliefs. But those who dissent or voice their opposition to Authority may find themselves cut off from employment, face years-long technical delays in the hearing of their case, and a multitude of personal difficulties and pressures which we normally only associate with outright human rights violations.

“As Chairman of a human rights campaigning organisation,” Alvarez added, “I am in constant painful touch with and aware of the scale of human rights abuses around the world and we can be grateful that our own experience is not so extreme. However, I am not willing to merely watch while Gibraltar through default, omission or inertia, creates its own more subtle category of Prisoner of Conscience. We must serve our people with openness, justice and fairness at every turn. Anything less is unacceptable in a Democracy,” the statement ended.

Bossano statement "Leadership with capital L"

2008-02-07T10:21:00.000Z

Equality Rights Group GGR Chairman, Felix Alvarez (left) has today welcomed “the common sense and openness with which Joe Bossano (leader of the Gibraltar Socialist Labour Party, the GSLP) has laid evidence before the Foreign Affairs Committee on human rights issues in Gibraltar. Bossano’s plain speaking on these issues is Leadership with a capital L.

“Joe Bossano has not beaten about the bush, and has made his views abundantly clear: unequal treatment of citizens not only contravenes Gibraltar’s international law obligations but also goes against the grain of the majority of Gibraltarians’ sense of tolerance. We live in a small community and in this community the majority of us understand that we should treat others as we would wish ourselves to be treated too. It is only the prejudice and discrimination of a minority of bigots which brings Gibraltar into disrepute internationally and brings us discredit within our own land.

“The GSLP leader’s clear commitment to human values in our community, and in the plainest of terms” Mr Alvarez added, “is a signal to Gibraltar that there are, indeed, human and political leaders still left among us who are willing to make a sincere stand on behalf of ordinary people regardless of political considerations,” the statement ended.

We call for Holocaust Memorial Day to be commemorated in Gibraltar

2008-01-27T21:03:00.000Z

Equality Rights Group GGR has today once more called for Gibraltar to commemorate Holocaust Memorial Day, which was celebrated across Europe on Sunday.

“It’s about time Gibraltar also commemorated this day, along with the rest of Europe,” Chairman Felix Alvarez (left) said.

“The hatred and discrimination which led to the terrible tragedy of the Holocaust must never be forgotten. It is an important commitment to the value of humanity that annual commemoration should take place around that historic tragedy.

“As a group, GGR has on many occasions made this call. We will continue to do so and once more ask all sectors of this community to unite in commemorating the importance of fundamental human values in a specific annual event which can only enrich our community in tolerance and understanding,” Mr Alvarez ended.

Chief Minister's arguments come tumbling down

2008-01-22T23:30:00.000Z

Equality Rights Group GGR has today welcomed a ruling this Tuesday from the European Court of Human Rights confirming that excluding prospective same-sex adoptive parents from equal consideration is a violation of the European Convention of Human Rights.

“Family is not the exclusive monopoly of any sexual orientation category. It forms part of every human being’s desire for belonging and caring. This ruling from the highest Human Rights court in Europe emphasises that sexual orientation cannot be the basis for denying access to adoption anywhere within Europe. This includes Gibraltar.

“In adoption, the central concern must be the child, and the provision of a stable, loving family environment for him or her. This cannot be determined on sexual orientation grounds alone.

“The empty “traditional family values” argument that Mr Caruana is trying to use to boost his failing electoral support, lacks logical, judicial and moral support throughout Europe and in international law. The Chief Minister’s attempt to monopolise the Family for his own ends has just come tumbling down.

“GGR has but one message for Mr Caruana and his fundamentalist friends: gay people exist – get used to it! There is no room for the inhuman politics of narrow-mindedness, exclusion and extremism in a modern Europe,” the statement ended.

We welcome plans for a Sex Offenders Register

2008-01-16T11:47:00.000Z

Reacting to news that Government intends to introduce comprehensive changes to criminal law provisions in Gibraltar, Equality Rights Group GGR has today thanked “the three-thousand-plus civic-minded individuals across our community who supported and signed our Petition in favour of the introduction of a Sex Offenders Register in order to protect minors from adult sex abuse.

“Even if Government has dragged its feet in finally and under pressure proposing this important change, it will, however, be gratefully received by this community and will bring peace of mind to the many people who continue to express their concerns to GGR on this matter,” Chairman Felix Alvarez stated.

“Whilst at this stage, details of the proposed change are necessarily very limited, this Group welcomes Government’s stated intention and highlights the importance of a broad range of coordinated resources for a Register system to function. We will, however, provide proper comment and analysis upon eventual publication of the final law text to which we look forward.

Council of Europe publishes Gib discrimination issue

2008-01-14T21:04:00.000Z

Following an announcement from Equality Rights Group GGR last week, the official website of the Council of Europe (http://assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc08/EDOC11485.htm) has now officially published a question tabling issues of sexual offences discrimination in Gibraltar. A brief communiqué from the Group states as follows:

“Question no. 539 to the Committee of Ministers reads as follows:

“To request the United Kingdom Government to:

- comply with its obligation under the Convention in respect of Gibraltar;
- set out the actions it will now take to ensure such compliance through the elimination of all aspects of the Gibraltar Criminal Offences Act 1960 that discriminate on the basis of sexual orientation.”

Chairman Felix Alvarez stated that “Outdated sexual offences affecting not only gay men but also heterosexual people in Gibraltar and some of them dating back to the times of Henry VIII contravene aspects of the European Convention of Human Rights. Campaigning to advance the individual human rights of all our people will continue to be a top priority for GGR. We look forward to Chief Minister Peter Caruana responding directly before the UK in order to answer the case before the Council of Europe regarding his non-compliance with international law."

“This latest move," he added, is in addition to a report which GGR has placed before a Parliamentary Select Committee at the House of Commons investigating, amongst other things, issues of human rights in the Overseas Territories.”

Gib Govt taken to Council of Europe for LGBT discrimination

2008-01-07T13:13:00.000Z

“Caruana’s asphyxiating ‘doctrinally correct’ personal crusade is harming Gib in the UK, in Europe and within the GSD” says the group

Equality Rights Group GGR has taken the issues of Gibraltar’s unequal age of consent and discriminatory sexual offences legislation to the Committee of Ministers of the Council of Europe. This is the highest possible level of the European body responsible for overseeing Human Rights.

In his comments, Chairman Felix Alvarez (pictured) explained that the question which has been tabled directs itself to the United Kingdom’s responsibility regarding the Gibraltar Government’s failure to respect human rights standards not only in regard of unequal age of consent but across criminal offences such as 'buggery' and 'gross indecency; which exclusively criminalise gay men.

“The question has been tabled by Lib-Dem MP Mike Hancock, and places British Prime Minister Gordon Brown under additional pressure to ensure the Gibraltar government complies with international law requirements. It is now seven and a half years since the European Court ruled that age of consent inequality is in violation of the Convention. Compliance is normally required within a maximum 3 to 4 years.

“This regrettable situation,” he adds, “flies in the face of the Chief Minister’s new year claim that he will ensure ‘every’ citizen’s human rights. The facts tell a very different story and certainly the tabling of this issue at such a high level would not have been possible if the Chief Minister’s words had a grain of truth in them. There would simply be no basis for it. This is evidently one more “New Year Massage” that Gibraltar has once again been subjected to by Mr Caruana. And it is regrettable because the Chief Minister’s asphyxiating personal crusade against diversity and tolerance across this whole community is harming Gibraltar in the UK, in Europe and within his own party, the GSD.

“The historically kind and tolerant traditions of Gibraltar and Gibraltarians must be safeguarded against Mr Caruana’s frustrated impositions of failed puritanical ideologies masquerading as “traditional family values”, Mr Alvarez added.

“We must all be wary of politicians who manipulate sentiment in this manner so as to bolster their failing electoral support. Family is valued by all human beings, but cheap populism has historically exploited the ‘family values’ argument to justify repressive policies on issues as diverse as interracial marriage, slavery and women’s rights and have been at the root of much incitement to hatred in the past. GGR will continue independently to resist all such pressures, while continuing to work to ensure that the real and legally recognised human rights of every citizen are truly respected and upheld despite every possible political and technical obstacle being placed by the Chief Minister. Under the rule of law, that work, as indeed that of Justice in general, can only be trusted to independent democratic institutions and human rights organisations and not to the Chief Minister."

GGR walks out on meeting with Police Commissioner

2007-11-21T12:49:00.000Z

“How many people must get hurt before the Commissioner acknowledges the problem of homophobic violence?”

Commissioner's main response before the facts was “no” says the group

Equality Rights Group GGR in a press statement today, has lamented that following a meeting with the Commissioner of Police last Tuesday, at which the Chairman and Secretary of the group put before Mr Wink concerns over what GGR says is a slow trend of increasing homophobic violence and harassment at times leading to attempted suicide, the Commissioner refused to acknowledge the situation.

“This flies in the face of the worrying facts, even though the numbers in a small community such as ours are currently small. The point is that positively tackling the issue now may help to break the trend and avoid future aggression. How many people need to be hurt before the Commissioner will convey the message that homophobic attacks are just downright unacceptable and criminal?

“We are saddened by this attitude, since GGR has had a cordial relationship of cooperation and exchange of views over the past seven years with the previous Commissioner and the RGP as a whole,” Mr Alvarez added. “Our disagreement with the Commissioner in no way diminishes our respect for or appreciation of the Force as a whole.

“Nonetheless, our aim, throughout, has been to foster understanding at the highest levels of the RGP in order to assist and contribute towards a reality of best practice policing in our community. This has extended to the development by the group of a training programme on police issues regarding the gay community which we have conducted at the police’s behest and from which enthusiastic and positive feedback has been received.

“The Commissioner should play an important part in projecting determination to policing this community fairly and effectively in respect of all sectors. Whilst we understand that as head of police he has an obligation to robustly act against crime of any sort, it is, in our view, neither sensible nor wise to bury his head in the sand and deny the rise locally of homophobic violence.

“We were surprised by the Commissioner’s stonewalling and complete unwillingness to even explore positive ways forward. The Commissioner’s main response was “no”. This is a notable change of attitude following the Government’s introduction of the Police Act 2006.

“The proactive protection of sexual minority citizens in Gibraltar is too basic a police function for GGR merely to smile and move on to the next agenda item.

“The incidence of homophobic violence in Gibraltar though presently low is nonetheless very serious. It is, however, on the increase. We will not stand idly by and watch anti-gay attacks increase whilst the Commissioner thinks about it. He is the man responsible and it is he who must answer.

“To that extent, as Chairman of GGR I will return to the table with Commissioner Wink any time he sees fit on the basis that he has something positive to say about his plans for protecting the gay community but not before.”

Anti-gay violence and suicide in Gibraltar 'is beginning to worry'

2007-11-19T22:15:00.000Z

The group welcomes Bayside anti-bullying initiative

"Bullying, self-harm and gay suicide are underscored by systems of unequal institutional treatment"

Equality Rights Group GGR has applauded the initiative of Bayside School in acknowledging ‘the very real problem of bullying in schools." They similarly take the opportunity to congratulate the work of DAWN in tackling issues of bullying in the workplace. "Both these initiatives can help to return self-esteem to victims and contribute to overcoming the problem."

"With respect to the School, the measures being taken are significant not only because they are backed up by practical measures to alert and act against bullying and thus protect pupils, but for what they also imply: acknowledgment and, by extension, sensitisation of teaching staff to the issues involved. Confronting the issues are the important first steps towards dealing with the problem."

"The issue of homophobic bullying at school is an increasingly real one. Not too long ago, local young gay people at school spoke openly in the Gibraltar press about their experiences in this regard. Equality Rights Group GGR continues to hear of incidents of this nature, and we very much trust that Bayside and other schools will develop their initiative to take into account the many forms that bullying takes in our school system."
"In this particular context, measures recently developed and introduced by the Leicestershire County Council in the UK are of particular note, and we would hope the Education Department in Gibraltar will introduce similar measures for advice, information and support.

"On a wider consideration, GGR views with particular concern the growing level of homophobic attacks in the community. These range from attacking gay-identified premises to harassment and physical violence against openly gay people in this community. Whilst these are issues which are rarely reported or attended to in a public manner in Gibraltar, GGR is keeping tabs on the situation in order to raise it with police and other authorities on the Rock. Let noone think, however, that because these incidents of intolerance do not receive public attention that they do not exist in our community. They most certainly do.
"What we cannot have are situations, as has indeed occurred over the past year or so, where a gay person has been repeatedly subjected to insults, harassment and physical violence to such an extent that they were driven to multiple suicide attempts.

"This ugly face of homophobia in our community, underscored by institutional inequality, is a reality that cannot and must not be hidden from public view or scrutiny. This is not a numbers game. Even if it only happens to one or two people it is, in our view, one or two people far too many. UK statistics suggest that up to 41% of gay peoples are subjected to physical violence at school. There is no reason why Gibraltar cannot learn from such developments elsewhere so we are not condemned to repeat the same errors.

"GGR is certain that the majority of people in Gibraltar disapprove and repudiate such treatment, but the reality is one which the police and other responsible authorities must now address with greater vigour and determination than ever before. To this end, Equality Rights Group GGR will be raising the issue directly with the Commissioner of Police."

GGR questions inequality in transfer of MOD workers in Gibraltar

2007-11-18T15:40:00.000Z

Equality Rights Group GGR Chairman Felix Alvarez has today expressed “alarm and strong concern” for the rights of workers in the MOD, following recent announcements of an agreement which, says Mr Alvarez, “we have recently been told by the negotiating parties is supposed to have brought an end to the injustices originally planned to take effect in detriment of local workers. I shall be taking a close interest in the matter to ensure workers’ rights are not being violated, and in that the workforce has my fullest support.

“However, I have been approached by a number of drivers from the MOD Motor Transport section who have allegedly already been served last week with 7 days notice that they either take or leave a set of new terms regarding conditions of employment which did not form part of their original contract. This may allegedly have been done under the threat that they will otherwise become “surplus to requirement”.

“Contractual amendments of this calibre are, reportedly, not applicable to UK-based employees working in Gibraltar. If this is so, the question of possible unequal treatment will therefore have to be closely examined,” says Mr Alvarez.

“Whilst I have not yet seen the detail of these purported changes, I expect to be fully briefed during this week. The problem seems to be that none of these drivers has been clearly told what becoming “surplus” means. In these circumstances, being asked to sign the new deal within the short decision period given would be tantamount to putting a noose around MOD workers’ necks. Noone can make important decisions on their and their families’ livelihoods when they have not been properly informed of the alternatives before them.”

Alvarez says this would not be in the spirit of what the public has been led to believe regarding the negotiated deal.

“Without prejudging the issue, if this situation turns out to be accurate, it leaves a great deal to be desired, in particular the high-handedness of treating Gibraltar’s long-term and loyal workers with such scant consideration. We will have to see whether, indeed, the changes in the conditions of employment being supposedly foisted upon workers formed any part of the original agreements between the Government of Gibraltar, the Unions and the MOD. I trust that both Government and Unions and all political parties will take the necessary steps to ensure these workers and their rights are not being left in the lurch.

Alvarez added: “Mr Montiel, as the Minister responsible, has a whole lot of explaining to do with these workers in respect of the much trumpeted Government ‘safety net’ to ensure noone falls through it.”

Government has no right to spy on gay or heterosexual bedrooms!

2007-11-13T18:18:00.000Z

In what is being seen as a widening of its campaign, Equality Rights Group Chairman Felix Alvarez (photo left) has today informed the press of the group’s determination to "eradicate outdated, discriminatory and unjustifiable intrusion of Government into citizens’ private lives.

"Seven years ago, the European Court of Human Rights ruled the existence of criminal offences determined on sexual orientation to be in violation of the European Convention of Human Rights. As Chairman of GGR I have been patiently awaiting Government’s awakening to the fact that the citizens of Gibraltar have just as much right to freedom in their private lives within the law as in any other European State. However, it is clear to us that Government will only move in the direction of progressive change under the threat of legal sanction," Mr Alvarez stated.

"Consequently, I have written to the Chief Minister, the Minister for Justice, the Attorney General and the Commissioner of Police, on this matter. Seven years after judgment from the European Court is more than ample time for compliance to have come about. I am determined that it should come about now and will be taking measured but appropriate steps in this regard at British, European and international levels as I have done on the issue of age of consent.
"I am therefore inviting the Chief Minister, as part of his necessary review of age of consent legislation in Gibraltar following recent statements from the British Prime Minister, to take this opportunity to address the comprehensive issue of outdated sexual offences in current Gibraltar law in order to modernise them in line with the UK’s Sexual Offences Act 2003.

"To give an example of what we are talking about, ironically, whilst anal intercourse between males over the age of 18 is currently legal in Gibraltar, anal intercourse in heterosexual relations is criminalized. Similarly, whilst consenting heterosexual sex between more than two persons is not illegal, the same practice between consenting homosexuals continues to be criminal. Were it not for the fact that these provisions imply the right of Government to enter our bedrooms and dictate what consenting private sex lives we may or may not engage in, the absurdity of keeping offences dating back to the times of Henry VIII ("buggery") or which were responsible for the imprisonment of Oscar Wilde ("gross indecency") would be laughable. Let us be quite clear: noone is calling for modernisation provisions to oblige anyone to enter into any acts – but those who do consent and are above legal age should not have Government spying in their gay or heterosexual bedrooms and telling them what to do. That is an area that is purely personal. It is citizens’ right to personal privacy that is at stake here.

"As Chairman of GGR, I urge Government to address these issues and as a matter of course reiterate my willingness to dialogue in the interests of progress on these matters," the statement ended.

GGR welcomes debate on age of consent

2007-10-25T12:39:00.000+01:00

Equality Rights Group GGR has today welcomed a call to open debate on the issue of age of consent made by Charles Gomez (NGD), an independent contender to recent Elections who obtained 1% of the votes.

“Indeed, as everyone knows, GGR has been openly talking of this issue for the past 7 years,” the group said.

“But why did Mr Gomez deprive voters of open debate regarding his policies on these long-standing issues by maintaining a studied silence on them? Especially when he acknowledges the issues are not simple and require debate,” the group asks.

“He did this not only during his Election campaign, but also we have no recollection of him ever having raised these issues in the very ample time since the start of his party. Indeed anyone can see that Mr Gomez’s Election Manifesto made zero mention of these issues.

“This is hardly consistent with the transparent, democratic approach Mr Gomez was keen to sell voters.

“It is peculiar that, in contrast to GGR’s years-long open advocacy for legislation to protect children against abuse, Mr Gomez did not join forces on such a public demand at the time of the 3,000 strong signature petition organised by GGR. It is equally surprising that he himself did not independently raise the matter or present options for the electorate to approve.

“Given the facts, we and the people of Gibraltar may be forgiven for having been left in some doubt as to Mr Gomez’s sudden public concern, since the issues of age of consent and protection of children have formed part of GGR’s public campaigns for many years now.

“On the substantive points, however, we take responsibility for our statements and noone else’s. This group has on multiple occasions made its position abundantly and publicly clear: we do not advocate a specific level of age of consent, simply that equality be applied in compliance with international human rights law.

“We believe that position on our part to be respectful with the public’s right to choose whilst defending the rights of minorities over the rule of the mob which we do not understand to be the basis for Democracy.

“GGR confides fully in the democratic process, and in the legal and rational foundation for Equality. There is no objective data to support the view – across any of the countries where age of consent Equality operates – that the collapse of Civilization is consequently imminent.

“Nonetheless, delicate issues of this sort deserve far more respect of the electorate, far more Reason, far more research, and far less irresponsible and opportunistic
scare-mongering. The answer is to deal justly and responsibly with two wholly distinct issues: that of protection of minors against abuse by criminals of any sexuality through appropriate legal means, and the eradication of injustice by eliminating inequalities in law.

“Let us have open debate by all means. But mixing up the two issues is either the product of regrettable ignorance, or of a deliberate attempt to cynically inflame and confuse the debate in order to politically exploit and take advantage in circumstances where the electorate has otherwise chosen not to be convinced,” the statement ended.

GGR and Cashman re-confirm Brown to look into age of consent issue

2007-10-22T19:38:00.000+01:00

GGR confident no objective criterion for inequality in consent

In a brief press release today, Equality Rights Group GGR has welcomed further confirmation from Michael Cashman MEP that he did raise the question of age of consent with Prime Minister Gordon Brown, as reported earlier by the group.

Chairman Felix Alvarez has welcomed the further direct clarification and, in particular, Mr Cashman’s assertion that the Prime Minister is taking direct action by looking into this matter.

“Given that Government has stated that this move by the Prime Minister is perfectly proper, it would appear that there is little to disagree about between us,” Mr Alvarez added.

“GGR continues to be confident that there is no reasonable and justifiable objective criterion for the continuation of inequality in the age of consent and looks forward to Government’s introduction of equalisation legislation.”

Meanwhile, the Office of Michael Cashman released the following statement:

Michael Cashman, MEP for West Midlands, recently elected MEP of the Year for Fundamental Rights and Justice, has confirmed details of his brief meeting with Prime Minister Gordon Brown in which he raised the issue of the unequal age of consent in Gibraltar.

Michael highlighted that the fact Gibraltar maintained a different age of consent for same-sex sexual relations (18) as opposed to 16 for heterosexual relations was likely to be incompatible with the European Convention of Human Rights. The Strasbourg Court has on several occasions ruled against Member States who maintained such unequal age of consent as being in violation of the European convention.

"I unequivocally can confirm that I raised this with the Prime Minister and he said he would look into the matter, especially in relation to the European Convention of Human Rights."
Michael has reiterated his call that Gibraltar does what it can to review the existing law. He welcomed the Government's statement in which it would announce a decision on this matter following a study as to whether they found the law to be justifiable under objective and reasonable criteria. "I, for one, can think of no such arguments that would allow this unequal age of consent to remain," Michael added.

Gibraltar government in denial over Gordon Brown's intervention

2007-10-20T17:17:00.000+01:00

Alvarez regrets Govt’s ‘lack of consensual good faith’

“Following last week’s announcement by Michael Cashman MEP, Government’s recent statement on Downing Street’s agreement to intervene in the age of consent issue in Gibraltar is a sad case of psychological denial and desperate face-saving,” Equality Rights Group GGR stated today. It was reacting to a press statement by Government repudiating a report published by the group last week regarding announcements that Gordon Brown had determined to take action on the age of consent in Gibraltar.

“Given Mr Cashman’s clear public statement referring to the Prime Minister’s decision, perhaps Government should explain which part of the words “ensure that steps are taken to end this discriminatory practice” it does not yet understand.

“This is especially so given that Government itself acknowledges that Gordon Brown has pledged, in No 6’s own words, that “he would look into the matter”. Indeed, it is difficult to envisage a more direct action that could be taken by a British Prime Minister in the circumstances. However, if after 7 years of resistance and inaction on this matter, Mr Caruana now prefers to receive the applause for changing the law, we will have no problem in according to him the part that belongs to him when that happens,” the statement added.

“Instead of sitting round the table to talk, No. 6 is acting with a regrettable lack of consensual good faith. This style of politics cannot be good for our community,” Chairman Felix Alvarez added.

“Government are well enough advised by batteries of lawyers to know that what GGR has said in its statements last week relates to European Court case law and its effect on the obligations of signatory states. At no time has GGR spoken of age of consent being defined by Articles of the Convention which, as Government well knows, is framed broadly and interpreted in its detail by judges adjudicating on the bench of the European Court of Human Rights. This interpretation has been consistent in its condemnation of age of consent inequality in all the relevant case law since 1997. An inequality that, in fact, Mr Caruana has failed to address for the past 7 years.

“Furthermore, the statements made by GGR to the Gibraltar media reflect the press release published by MEP Michael Cashman himself who stated that “The Prime Minister has agreed to take this matter up to ensure that steps are taken to end this discriminatory practice, the existence of which is incompatible with our obligations as an EU member and as a party under the European Convention”.

Mr Alvarez closed by saying that “This is not about ‘we win you lose’ on either side, but rather, about how we can jointly do the best for Gibraltar and all its citizens. If Mr Caruana wishes to pretend that any action now is in reality his own, then so be it. Our only interest is that this community begin to enjoy the equality and standards of rights it deserves. For the rest, people are well aware of the facts and can judge the truth for themselves. Let us look forward to change and not backward to bad feeling.”

Age of consent breakthrough - Gordon Brown steps in

2007-10-16T13:26:00.000+01:00

“Today, Prime Minister Gordon Brown has pledged direct action to ensure the Government of Gibraltar equalises the age of consent. This comes after submissions recently made by GGR to the Foreign Affairs Committee of the British Parliament,” Felix Alvarez, Chairman of Equality Rights Group GGR stated today.

“This is an opportune moment for Government and GGR to sit round the table and start a process of real dialogue towards progress for Gibraltar’s gay community. It is a good moment also for the new Justice Minister to play a role in reconciliation,” he added.

Mr Alvarez added that Equality Rights Group GGR is indebted to the support it has received from Patron Michael Cashman MEP for raising the matter directly with the British Prime Minister.

“In a recent press release, we predicted that the unacceptable situation of same-sex partners in Gibraltar would lead to intervention similar to that of 1993, when the British Government had to enforce European Convention provisions on the Rock as a result of moral and legal failure on the part of our own authorities,” Mr Alvarez continued.

“It is a shame for Gibraltar that, despite all the spin we hear from those in power, human rights progress comes only as a result of external pressure and obligations. But it is a particular shame because such backward thinking and recalcitrant attitudes do not accurately reflect the overwhelming support the majority of the people of Gibraltar today express on this matter. In 2007, Gibraltarians understand less and less why it is that prejudice and inequality in this area of social legislation should continue in our country,” Mr Alvarez added.

“Just one small proof of this particular pudding and of the growing support being received on this matter is the growing heterosexual support being received on Gibraltar-based internet pro-gay rights forums which have spontaneously established themselves."

“As Chairman of GGR I will not cry victory until change has actually been introduced. Today’s news, however, is without doubt a welcome breakthrough,” he added.

Taking the opportunity for the establishment of good relations with Government, Alvarez went on to say that “ Whilst this news may perhaps be a bitter pill for Mr Caruana to take, I once more stretch the hand of real and sincere dialogue with a real and sincere agenda for change on both sides in the hope that, on this occasion, and in contrast to the last time such dialogue was announced a few years back, a real commitment for effective and practical dialogue might be possible.

"If constructive attitudes on both sides are allowed to exist, I see no reason why bad feeling should continue to be the order of the day between GGR and Government,” Mr Alvarez ended.
=============================================================

PRESS RELEASE FROM
MICHAEL CASHMAN’S OFFICE
16 OCTOBER 2007

"Cashman takes actions to tackle Gibraltarian discriminatory age of consent"

Michael Cashman, MEP for West Midlands, recently elected MEP of the Year for Fundamental Rights and Justice, met with British Prime Minister Gordon Brown earlier today and raised the issue of the unequal age of consent still in place in Gibraltar . Indeed, the age of consent for heterosexual sexual relations is 16 whilst the age of consent for same-sex sexual relations is 18.

The unequal age of consent violates existing European conventions and human rights norms which consider unequal age of consent to be discrimination on the basis of sexual orientations.
"The issue had been raised by Gibraltar gay rights organisations in the past," Michael Cashman explained, "The Gibraltarian government has been given plenty of time to rectify the situation. It is unfortunate that this matter had to come to us for any action to be undertaken."

In his meeting with the Prime Minister Gordon Brown, Michael highlighted the incompatibility of the law with existing human rights norms, "Gordon Brown immediately agreed wholeheartedly with my point of view on the matter," Michael stated, "The Prime Minister has agreed to take this matter up to ensure that steps are taken to end this discriminatory practice, the existence of which, is incompatible with our obligations as an EU member and as a party under the European Convention of Human Rights."

Michael applauded gay rights organisations working in Gibraltar , "It was their continued vigilance which allows us to take notice of this situation. I now hope that we sort this mess out and get rid of this discrimination built into the laws of Gibraltar ."

Family values - GGR agrees with the Catholic Bishop of Gibraltar

2007-10-09T10:49:00.000+01:00

“Equality Rights Group GGR fully supports Bishop Caruana’s recent electoral statement regarding the importance of marriage and the family. The values of love and caring towards all Gibraltar’s children is, as the Bishop quite rightly points out, paramount to all of us whether Catholic or of any other religion or none.”

“GGR wishes to wholeheartedly support the Bishop’s call in defence of family values given both that we all have fathers and mothers and that the love we bear each other must never be forgotten.

“The pastoral mission we must all exercise towards each other must never be exclusive or sectarian and that, equally, should never be forgotten,” the statement ended.

Gibraltar Age of Consent to be taken to Gordon Brown directly by MEP Michael Cashman

2007-10-08T19:54:00.000+01:00

Both the British and USA online gay press has taken up the issue of the unequal age of consent in Gibraltar, reporting both on GGR's submission to the Foreign Affairs Committee and on well-known MEP Michael Cashman's determination subsequently to raise the issue directly with the British Prime Minister (Cashman is pictured left with GGR Chairman Felix Alvarez). The below story is published today at the following link: http://www.ukgaynews.org.uk/

Gay Age of Consent Equality: ‘We Have Given Gibraltarian Government Long Enough’

MEP Cashman to take matter to PM Brown

BRUSSELS, October 8, 2007 – A British Member of the European Parliament has pledged today to take the matter of equality of the age of consent in Gibraltar directly to the heart of Number 10 Downing Street.
“I will be raising the issue personally with Prime Minister Gordon Brown, who is a passionate supporter of equality,” Michael Cashman (PSE/UK Labour), the president of the European Parliament’s Intergroup on gay and lesbian rights, said today.

“We have given the Gibraltarian government long enough - now is the time to change the laws.”
ILGA-Europe is also concerned that the Gibraltar authorities are reluctant to bring this overseas territory of Great Britain into line with the European human rights standards.
“The age of consent for homosexual acts is still 18 where the age of consent for heterosexual acts is 16,” a spokesperson for ILGA-Europe said this afternoon.

“This difference in age of consent is discriminatory and contradicts Article 8 (Respect to a private and family life) of the European Convention of Human Rights as repeatedly confirmed by the European Court of Human Rights.

“ILGA-Europe urges the Gibraltar – and the UK authorities – to immediately remedy this situation and equalise the age of consent for all consensual acts between adults in Gibraltar.”
Last night (October 7), Felix Alvarez, chairman of Equality Rights GGR, hit out at both the Gibraltar and UK governments for stalling of the issue of equality.

Mr. Alvarez revealed that Equality Rights GGR has made a formal submission to the Foreign Affairs Committee inquiry on the Overseas Territories of the British Parliament.
In Gibraltar, the age of consent for heterosexuals is 16, and 18 for homosexuals.

GGR makes submission to British Parliament

2007-10-07T18:11:00.000+01:00

“Caruana is passing the buck to Gordon Brown ”

The group says Caruana has an ‘over my dead body’ policy on same sex issues

“Mr Caruana’s failure to act is degrading the Gibraltar Constitution, and turning our highest law into a mere set of voluntary codes as far as human rights is concerned,” Felix Alvarez, Chairman of Equality Rights Group GGR has stated. The group has made a formal submission to the Foreign Affairs Committee inquiry on the Overseas Territories being held in the British Parliament.

Alvarez considers that “the Gibraltar and British Governments are particularly failing in their legal obligations regarding Gibraltarians’ human rights on the age of consent issue.

“By not implementing binding requirements of the European Convention of Human Rights on the age of consent, Mr Caruana is passing the buck to Gordon Brown. In the end, it will be the British Prime Minister who will have to do Mr Caruana’s work.

“The reality is that by refusing to directly exercise Convention duties, the Chief Minister is handing over human rights authority to the British government. This is exactly what happened in 1993 when Gibraltar failed to live up to the Convention and Britain stepped in to require decriminalisation of gay relations. The Chief Minister’s failure to act is inviting the same kind of intervention.

“The Foreign Affairs Committee parliamentary inquiry, however, centres on the British Government’s conduct. Under both the European Convention of Human Rights and obligations in the European Union, the British Government cannot wash its hands clean of Gibraltarian citizens’ human rights. They cannot just point to local constitutional provisions and leave it up to Caruana. The British government’s international law duty to apply human rights in Gibraltar is non-delegable and above any Constitutional arrangement,” Alvarez said.

“Peter Caruana’s track record would indicate he has no desire to implement
same-sex progress in Gibraltar law unless legally obliged. This ‘over my dead body’ policy, as far as sexual minorities are concerned, is behind the times and inconsistent with a modern Gibraltar. Equality Rights Group GGR will challenge government through the courts and by every legitimate means until institutionalized prejudice, inequality and intolerance regarding all forms of discrimination are history in our own land,” the statement ended.

Alvarez hits back at Minister for Social Affairs

2007-10-04T22:43:00.000+01:00

“I have taken note of both the Social Services Agency and the T&G reactions,” said Equality Rights Group Chairman Felix Alvarez today (pictured left, courtesy VOX).

“Minister Del Agua and the Union refer to supposed allegations made by myself. They variously use the term ‘slander’ to describe my remarks following calls for a Public Inquiry into serious allegations of misconduct at the Dr Giraldi Home.

“At no point in time have any statements originating from myself claimed the concerns raised to be established fact. They therefore cannot constitute either allegation, libel or slander. They do, however, express a clear and open democratic concern for issues which in any society should alert each and every citizen to ask critical and vital questions.

“Stifling open questioning in our Society is not the answer. We must learn to react in a different manner if Gibraltar is to reach the standards of self-governance that we are all eager to reach. As Chairman of a human rights organisation in Gibraltar I will continue to raise issues requiring open airing, whether Mrs Del Agua or anyone else likes it or not.

“Minister Del Agua has accused me of conducting a political campaign at the expense of care workers. Let us hope, however, that what really worries Mrs Del Agua and her Party is not actually the cost of open dissent and criticism in a democratic Gibraltar.

“With regard to the T&G, I am gratified to read that the Union welcomes a public inquiry, a move which can only exonerate and do justice to all blameless Union members at the Home and will hopefully alleviate public concern. I fully understand the unpleasantness of the situation, and trust the matter will soon be rectified in everyone’s interests. As I have said before, the issues at root are likely to be systemic in nature and it is the politicians who must answer for delay and incompetence.

“It is a worrying symptom of the state of democracy in our society, however, when calls for public inquiry or investigation into serious issues are, instead of being quickly expedited, met with the almost knee-jerk and routine stoning of anyone who dares to raise their head above the parapet of indifference.

“Let it be clear: I shall continue doing what needs to be done to stand up for human and people’s rights in this community, and I am heartened to find that increasing numbers of Gibraltarians feel the same way too,” Alvarez ended.

Peter Tatchell reports on human rights findings in Gibraltar

2007-10-02T21:40:00.000+01:00

Peter Tatchell (pictured left, courtesy Gibraltar Chronicle) today reported the findings of his week-long visit to the Rock before an audience of press and public alike:

“After having met and heard from a wide cross-section of Gibraltarian society,
it is apparent that Gibraltar fails a number of UK and EU human rights standards. Moreover, the victims of human rights abuses lack effective, swift mechanisms for the redress of grievances and are often silenced by a climate of intimidation and fear,” said British human rights campaigner, Peter Tatchell.

“Many people I have met recalled instances of discrimination, harassment and other abuses. However, they all expressed their unwillingness to report officially or publicly discuss the human rights violations they had suffered, out of fear of retribution from state officials. Some said they feared losing their access to jobs, housing, welfare benefits, medical treatment, student places and educational awards and grants.

“Human rights shortcomings are damaging Gibraltar’s reputation internationally, which may discourage some investors and tourists. It could also undermine European support for Gibraltar’s right to self-determination. People are less likely to sympathise with Gibraltar’s right to determine its own future if it has a poor human rights record,” said Mr Tatchell.

He was speaking today at a press conference at John Mackintosh Hall in Gibraltar, hosted by the local equality rights movement, GGR, and its Chair, Felix Alvarez.

“The people of Gibraltar are wonderful, but the government appears to be drifting towards autocracy,” he said.

Mr Tatchell was invited by GGR to visit Gibraltar on a fact-finding mission to meet local people and give his assessment of the human rights situation.

As well as meeting ordinary Gibraltarians and local human rights campaigners, Mr Tatchell met with the leaders of all the political parties, except Peter Caruana, the Chief Minister and head of the governing party, the Gibraltar Social Democrats.

While every other party leader was happy to meet Mr Tatchell and his host, Felix Alvarez, Peter Caruana refused to meet Mr Tatchell if Mr Alvarez was present.

“The Chief Minister’s attitude towards Mr Alvarez was petty and rude. I did not think it was right that Peter Caruana was prepared to meet me, a foreigner, but not one of his own Gibraltarian citizens. This did not strike me as polite or reasonable,” said Mr Tatchell.

“Despite the Chief Minister’s snub, I want to thank the people of Gibraltar for their kindness, warmth and hospitality. I have enjoyed my stay and wish the people of Gibraltar well.

“I reiterate my strong support for Gibraltar’s right to self-determination.

“So far as the human rights situation here is concerned, the conclusions of my fact-finding visit are as follows:

Peter Tatchell – Gibraltar Human Rights Report – 2 October 2007

1. Sexual minorities

· Equality and fairness requires that Gibraltar legislate legal recognition and rights for same-sex couples – perhaps modelled on the UK’s Civil Partnership Act 2003 but also – unlike the flawed UK law - making civil partnerships available to heterosexual couples to ensure parity.
· The unequal age of consent for gay men is illegal under the European Convention on Human Rights, to which Gibraltar is required to adhere. Why is the government defying the European Court and refusing to equalise the consent laws?
· Also unlawful under the European Convention are the discriminatory homophobic offences of ‘buggery’, ‘attempted buggery’ and ‘gross indecency.’ The government should scrap these anti-gay laws to ensure that the criminal law does not discriminate on the grounds of sexual orientation.
· Eligibility for affordable housing schemes has been extended to unmarried heterosexual partners but not to unmarried same-sex partners. How can this differential treatment be justified?
· In the absence of legal protection against discrimination in the provision of goods and services, restaurateurs, hoteliers and shop owners are entitled to refuse to serve a gay or lesbian person. When does the government propose prohibit anti-gay discrimination in the provision of goods and services? It has already eliminated such discrimination on the grounds of race and ethnicity. How about also protecting the gay and lesbian citizens of Gibraltar?
· Why, seven years after its establishment, is GGR one of the very few community organisations that receives no government funding or premises? It is providing a valuable social and community service.

2. Equal Opportunities Commission

· The creation of the EOC is a welcome first step, but its terms of reference have never been made public. Why not? The remit of the EOC is narrowly defined to cover only race equality. It should be extended to cover all discrimination, including discrimination based on gender, age, sexual orientation, disability and religion or belief, possibly along the lines of the UK’s new Commission for Equality and Human Rights.

3. Disabled rights and mental health issues

· Why is there is no walking stick or Braille training for the blind or visually impaired?
· The government has promised to build a new Psychiatric Hospital – when does it intend delivering on this promise?
· Disabled people have limited legal protection against discrimination. To remedy this failing, legislation similar to Britain’s Disability Discrimination Act is a priority. It would help safeguard the rights and welfare of disabled Gibraltarians.
· There is an urgent need for a full independent public inquiry into allegations of abuse at the Dr Giraldi Home. In the meantime, the Police Commissioner should open a new investigation into allegations of criminal misconduct.

4. Media independence

· It is highly desirable to establish an independent Press Complaints Commission to safeguard freedom of the press and ensure fair and ethical standards of reporting – with adequate statutory redress for people who have been unfairly maligned by the media.
· The Gibraltar government announced it will undertake a review of GBC. Why has the government not announced the terms of reference, scope and timetable of this review?

5. Moroccan community

The Moroccan community has raised a number of concerns, including parent’s difficulties in obtaining visas for their children to visit Gibraltar during the summer holidays; the denial of permanent residence rights to people who have lived and worked in Gibraltar for 25 years or more, contrary to Gibraltar’s own laws; and the unfairness of the English-proficiency requirement for residence, given that the government has failed to provide English language training to enable applicants for residence to fulfil this requirement.

6. The drift to autocracy

There are concerns at the way the Chief Minister has taken for himself the very important Ministries of Finance and Justice. This is a very unhealthy concentration of power in the hands of one man, which goes against the British tradition of separation of powers and of checks and balances.

The suspension of the Chief Justice, Derek Schofield, combined with the Chief Minister’s assumption of the Justice Minister post, raises questions concerning the independence of the judiciary and the proper separation of powers between the judiciary and the executive.

The allied criticisms of the operation of industrial tribunals and their failure to provide swift, fair rulings to appellants – including the fact some claimants have great difficulty in funding their cases. Everyone should be entitled to equal access to justice.

7. Conclusion

There is a human rights deficit in Gibraltar. It is backward and outdated compared to most of Europe. The public mood seems to be in favour of equality and human rights, but legislative action is being thwarted by the government of Peter Caruana.

I do not understand why the Chief Minister is so reluctant to ensure equal and fair treatment for all Gibraltar’s citizens. It would cost him next to nothing and win him much goodwill.

Gibraltar is fantastic. But it is being brought down by the foolish prejudice of its government.

These are my findings and recommendations. It is up to the people and government of Gibraltar to decide which, if any, of these proposals they wish to implement.

GGR Chairman calls for Election unity

2007-10-02T21:38:00.000+01:00

PRESS CONFERENCE STATEMENT

Felix Alvarez, Chairman of Equality Rights Group GGR (pictured left, courtesy Gibraltar Chronicle), told a press conference at John Mackintosh Hall on Tuesday, 2 October 2007:

“Peter Tatchell is an extraordinary man with an extraordinary track record in human rights. He has been closely interested in issues of human rights in Gibraltar for many years now. But when he recently wrote in The Guardian online he was criticised for speaking ‘from the outside’, a criticism which he accepted.

“It was for this reason that I invited Peter to come to Gibraltar and independently meet people from across the community. Something which he has done with untiring vigour over the past 6 days, and which he will briefly be reporting on.

“At the same time, as Chairman of Equality Rights Group GGR there are issues which must be addressed directly to fellow Gibraltarians; for Mr Caruana has been in power for 3 terms. 3 terms of office during which time the rights of ordinary Gibraltarians have been slowly but surely eroded. 3 terms of office during which time Mr Caruana has been slowly but surely increasing his own powers over you as a person and over us as a People.

“There are many of us in Gibraltar affected by this situation. Do NOT lose hope! Do NOT fail to turn out with your vote on 11 October! If you are undecided, if you are wavering, if you are considering not even voting, or if you are gay, disabled, a pensioner, someone who can’t afford the affordable homes, or you have one of so many different reasons for being unhappy and disgruntled the solution is to make your voice heard. Together, we are NOT a minority.

“Together our votes make a very big difference! Vote ONLY for those parties who have clearly committed to you and your needs. With your vote, punish those who have been in power for almost 12 years and who have continued to ignore you! Not only that, get your family and your friends to do the same or at least to give some of their votes to those parties who have clearly committed to helping you! Every vote will help! Again, don’t give up hope: as Gibraltarians who love our country we can make this country be a tolerant, caring and just society. But we have to do it together and in Unity,” said Alvarez.

Alvarez calls on undecided and minorities 'to make the difference' at Elections

2007-09-28T07:23:00.000+01:00

Chief Minister Caruana refuses to meet with GGR Chairman

Alvarez tells politicians to ‘stop avoiding the ‘g-word’ in public’

Felix Alvarez, Equality Rights Group GGR Chairman has today called on "all wavering and undecided citizens, and especially on minority citizens, whether disabled, gay or other status and their families and friends in the Gibraltar community to move with more determination, unity and energy than ever before at these Elections. We and all our supporters should only vote in favour of those who are openly and clearly in favour of moving forward in equality and tolerance," he stated. "Together we are no longer a minority, our vote made a difference last time, let’s do it again!"

The statement comes on the eve of meetings to be held today between Alvarez, Peter Tatchell and political leaders Joe Bossano (GSLP), Joseph Garcia (Liberals) and Keith Azopardi (PDP) which signal the increasing importance the gay and minority vote is gaining in the elections and which GGR already claimed as a factor at the 2003 polls. Most significant, perhaps, is the fact that Peter Caruana accepted meeting Mr Tatchell but declined the presence of GGR Chairman Felix Alvarez. Unless Mr Caruana changes his mind, therefore, the meeting will not be taking place.

"I cannot accept that a Gibraltar Chief Minister who says he wants a ‘culture of human rights’ should treat outsiders more favourably than his own people," stated Tatchell. "This is an inconceivable and unacceptable attitude which none of the other political leaders in Gibraltar have demonstrated in their arrangements over our meetings. Mr Caruana seems insensitive to the fact that this would have been a noteworthy moment marking the first time in the seven years since the establishment of GGR that Alvarez and the Chief Minister were to meet formally. It would have been a clear signal that the Chief Minister was genuinely interested in the human rights of Gibraltarians. In a word, Mr Caruana has flunked it. It puts a question mark over his political maturity."

For his part, Alvarez said that "This is only one of many lessons in intolerance that Mr Caruana has dealt Gibraltarians over his three terms in office. It comes as no surprise. Dialogue with his own people does not seem to enter Mr Caruana’s vocabulary. It is just more of the same from a Chief Minister who in his last three terms of office has cared little for ordinary Gibraltarians," he went on to add. "On another note, let me say to the gay community: rights and equality are never given away, you have to earn them. This is the time for all those who want to see a more accepting society in Gibraltar to move with greater commitment and unity than ever before by voting in our own favour. It is also the time for politicians – even those who support us – to stop avoiding the ‘g-word’ in public!"

We host Peter Tatchell visit to Gibraltar

2007-09-25T15:32:00.001+01:00

Peter Tatchell, human rights spokesperson for the Green Party of England and Wales, arrives on the Rock tomorrow on a fact-finding tour, as a guest of Equality Rights Group GGR. "I'm pleased to welcome Peter to Gibraltar," Chairman Felix Alvarez said today. " It's good to have him here on a fact-finding mission. Anyone who shows interest in Gibraltar’s people is welcome as far as GGR is concerned."

Mr Tatchell is the Green Party’s parliamentary candidate for Oxford East. Famous for his gay rights activism, he is the author of several books, has a weekly column on The Guardian website, and hosts a weekly internet TV programme, “Talking With Tatchell” at www.18doughtystreet.com.

He recently wrote a controversial article on the status of human rights in Gibraltar for The Guardian’s Comment is Free website, following which he was invited to get a first-hand account of the local situation and to meet Gibraltar’s political leaders.

Tatchell and Equality Rights Group Chairman Felix Alvarez will be jointly meeting with Joe Bossano (GSLP), Joseph Garcia (Liberals) and Keith Azopardi (PDP) during his stay. Details for a meeting with Chief Minister Peter Caruana have yet to be finalized.

Mr Tatchell, meanwhile, is also scheduled to meet with members of the disabled community, as well as the Environmental Safety Group, Friends of the Earth and members of the gay community.

“Having written and campaigned in support of Gibraltar human rights activists for many years, Tatchell says he is ‘’keen to get first-hand knowledge and meet local campaigners.”

“This visit will be a listening and learning exercise. I want to broaden my understanding by meeting Gibraltarians and hearing their concerns. Perhaps I can also share with them some of my campaign experience and ideas.

“I strongly support Gibraltar’s right to self-determination. The European Union and wider international community should respect the right of Gibraltarians to decide their own future.

“I am glad to see The Rock strengthening its involvement with the wider European family of nations and peoples, and beginning to embrace European standards of citizenship and human rights. I look forward to seeing further progress in the fields of justice and equality.

“In today’s globalised world of instant communication and international travel and trade, all the world’s peoples are interlinked and mutually dependent. We share a common future, regardless of whether we live in London, Gibraltar, Baghdad, Moscow, Beijing, Jarkarta, Sao Paulo, Sydney or New York.

“It is important to acknowledge our common humanity, the universality of rights and freedoms, and our need for joint international action to solve the global problems of climate change, terrorism, war and poverty.

“For me, solidarity has no frontier and I hope to demonstrate the value of mutual exchanges and support during my visit,” concluded Mr Tatchell. Peter Tatchell will be available to meet members of the public at Charlie’s Hole-in-the-Wall next Saturday from 9.30pm and says he “looks forward to meeting people of all walks of life there in a relaxed atmosphere.”

We urge Gibraltar's Broadcasting Corporation to re-think its policy

2007-09-22T15:06:00.000+01:00

Equality Rights Group GGR has today appealed to the Management of GBC (Gibraltar's monopoly tv and radio provider) to re-think and reverse their decision regarding the Progressive Democratic Party's (PDP) Leader’s exclusion from "Leader debate" programmes during the Elections. The rationale is that the PDP is putting up less candidates for election than, it says, the number required to form Government. On this basis, "Leaders" debates can only include the heads of Parties in that electoral position.

“A strict approach to this question, whilst arguably within technical reason due merely to the title given to the programme, is nonetheless disproportionate. As a small community, Gibraltar needs as much political diversity as can be mustered. To prevent face-to-face live debate between the main contenders to Government and not only the PDP but independent candidates would be to practise political protectionism of one set of politicians from exposure to the competing ideas of others who present themselves before this community.”

“Equality Rights Group GGR has advocated freedom from political interference with GBC, in particular following Government announcements not so long ago of a review of its structure and practices and we cautioned vigilance on the part of the public to ensure this was not a ploy by Government to control our broadcast services. However, GBC must practise the same level of equanimity towards the pluralistic culture that we as Gibraltarians strive for. It will be no big deal to rename the programme “the Contenders debate” and allow the main parties, alongside the minor parties and the independents too, the opportunity to be seen by the Electorate in free and open debate and thus overcome the strict technicalities and obstacles whilst serving this community as GBC is indeed entrusted to do. Despite its issued announcement of ‘no change’, and particularly in view of the GSLP/Liberals statement of no objection to Mr Azopardi’s inclusion, we urge the Corporation to do whatever it takes to rectify this situation in the interests of serving the community of Gibraltar at large at these Elections. The public has a right to see how the politicians measure up against each other in lively and open discussion and GBC will no doubt find much respect and appreciation from the public it serves if it reconsiders this matter. Keith Azopardi, along with Charles Gomez and Richard Martinez (two Independents) ought to have the opportunity to lock horns with Caruana and Bossano (leaders of the two main Parties) and let the public decide!”

GGR thanks GSD moderates

2007-09-18T05:15:00.000+01:00

Equality Rights group GGR has today thanked “GSD Party moderates” for their expressions of support lately.

“We have been aware of internal changes within Mr Caruana’s Party for some time now. However, of late, Equality Rights Group GGR has been increasingly approached by both ordinary GSD party members and well-known faces within that grouping, expressing disagreement with the hard-line approach of Chief Minister Peter Caruana on the issues of sexual minority rights in Gibraltar.”

Chairman Felix Alvarez stated that he is happy to note the increasing change within the GSD grass roots, “and, indeed, as the GSD people who have been approaching us and more recent political parties also already know, ordinary GSD members should be assured that where a possibility of real and civilized dialogue exists I will not hesitate to be there, to sit down at the table, and to engage in the kind of talks towards resolution of conflict which are the hallmark of a democratic and socially responsible Government – without recrimination, without anger and looking forward to the future, not setting our faces to the past. Constructive and not merely 'cosmetic' dialogue is the way forward.”

We call for PDP's clarification

2007-09-05T10:38:00.000+01:00

Equality Rights group GGR has broadly welcomed the recently announced Equality Policy of the Progressive Democratic Party (PDP), adding, however, “that it is unfortunate that it should employ ambiguous language in the process.”

The group points to the fact that whilst the PDP makes a clear commitment to introducing equality for non-EU citizens in Gibraltar by stating that if in Government it would “ensure” this to be so, when addressing gay rights issues GGR notes that the PDP simply says it would “support” such a move, making this subject to a “free vote within Parliament”.

Chairman Felix Alvarez stated that “GGR has always stood for non-discrimination across the whole of this community. Nonetheless, it does not understand why unqualified support by the PDP should be good for non-EU nationals in this community but not for sexual minority citizens. Whilst this may simply be a case of careless or imprecise language in the policy document, it is nonetheless a matter of concern since it is only natural that where a Party fails to be clear the Electorate cannot help but question. I would therefore call on the PDP to clarify these points forthwith in good faith and as a demonstration of their real commitment to openness and democracy in our community. A failure to do so will be read as a negative intention not only by GGR but by concerned citizens in general. ”

The GGR Chairman revealed that he has been in consultation and dialogue with Keith Azopardi and the PDP over a period of time. “This consultation and dialogue has proven positive and civilized, demonstrating that with fairness and reason, understanding is indeed a reachable goal in this community. I trust this will now extend to their clarification on this matter.”

Gibraltar court to rule on anti-gay discrimination

2007-07-13T22:12:00.000+01:00

A lesbian couple who have been in love for 19 years are seeking a judicial review of the Gibraltar government’s decision to refuse them joint tenancy of their rented apartment.

“It is shocking that this lesbian couple has to go to court to seek a judicial review of the government’s decision to deny them joint tenancy of a government-owned flat. This is clear evidence of state-sanctioned homophobic discrimination. It brings shame to the government of The Rock,” said human rights campaigner Peter Tatchell of the London-based gay rights group OutRage! (pictured left with Chairman Felix Alvarez).

“Nadine Rodriguez has applied to the Gibraltar High Court for a judicial review of the non-inclusion of her partner in her tenancy agreement.

“The refusal to grant a joint tenancy means that if Nadine dies her partner will have no legal right to remain in the home they share together. She will face eviction and homelessness. This is a cruel, vindictive policy.

“After three terms in office, Chief Minister Peter Caruana has failed to provide any significant progress for Gibraltar’s gay and lesbian citizens. Same-sex relationships have no legal recognition or rights in Gibraltar. Civil partnerships do not exist. The Chief Minister is out of touch, not only with social progress in the rest of the European Union but also with greater acceptance of gay people by Gibraltar’s residents,” said Mr Tatchell.

Mr Tatchell is backing the couple’s claim for equal treatment and non-discrimination, along with the chairman of Gibraltar’s Equality Rights Group, GGR, Felix Alvarez.

Mr Alvarez notes:

“Preventing a same-sex couple from holding a joint tenancy is discriminatory and behind-the-times. Decisions of this sort are only made by politicians with narrow-minded, backward values. They insist on foisting their prejudiced thinking on other people. So long as no one does any harm to anyone else, I fail to understand why we cannot let people be themselves and help them to be happy, rather than make life more difficult than it already is,” said Mr Alvarez.

Outlining the background to the case, Mr Tatchell added:

“The case is expected to be heard in the autumn; mostly likely in September or October.

“Rabinder Singh is representing Ms Rodriguez. He is a human rights lawyer with the top London law firm Matrix Chambers, which was co-founded by Cherie Blair, wife of the former British Prime Minister Tony Blair.

“The leading Gibraltar law firm Hassan’s is providing legal representation locally.

“The case bought by Ms Rodriguez will allege violation of the articles of the European Convention on Human Rights which outlaw discrimination and which protect the right to privacy and family life.

“The only apparent defence the Gibraltar Government will put forward is the claim of non-discrimination on the basis that it treats unmarried straight couples equally badly. But heterosexual couples can get married and gay couples cannot. Therefore the government’s non-discrimination argument is fundamentally flawed and bound to fail.

“Despite forever proclaiming its British values and heritage, the Gibraltar Government – led by conservative Catholic politician Peter Caruana of the Gibraltar Social Democrats - does not seem to share the British values of tolerance and fair play when it comes to the rights of sexual minorities.

“It seems that Chief Minister Caruana, himself a QC, is failing to heed the common law principle of equality,” said Mr Tatchell.

Felix Alvarez of GGR expresses great anxiety about his government’s intransigence:

“It has been a long and difficult struggle for the past seven years. We have had to deal with a Gibraltar Government that has little sympathy for lesbian and gay human rights. The government’s only recent commitment has been entirely negative and hostile. It has stated that it will only introduce gay law reforms where it is legally compelled to do so,” said Mr Alvarez.

“Barely eight months ago, Mr Caruana ignored GGR’s formal representations to include sexual orientation in the anti-discrimination clauses of the new Constitution. Consequently, the new Gibraltar Constitution does not protect lesbian and gay people against discrimination.

“The Rodriguez case is important not only for Gibraltar but also for European human rights. We have supported this couple in their legal challenge against the government. GGR is prepared to help them take this case all the way to the European Court of Human Rights in Strasbourg.

“The disputed point of law affects not only same-sex couples, but straight couples who have long-standing relationships but do not wish to be pushed into marriage just because the Government insists it is the only way to get legal recognition and rights.

“When this case comes to court, it will challenge, for the very first time, the idea that a person can be legitimately discriminated against for not being married, especially when the law specifically disallows them from getting married. Gay and lesbian Gibraltarians are banned from marriage. It is therefore unreasonable to discriminate against them because they are unmarried.

“If we win this argument it will set a precedent that will have a huge positive impact in other European Convention jurisdictions where gay people are denied their rights.

“The Gibraltar Government needs to wake up to the fact that this kind of homophobic mistreatment is unacceptable in this day and age. We believe the European Court of Human Rights will support our view.

“I am actively encouraging this same-sex couple and others to challenge homophobic discrimination in the courts. GGR wants an end to the disproportionate and unnecessary interference in people’s private lives. We will be there to help them win.

“Given the track record of Mr Caruana’s Government, and assuming his return to power in the upcoming elections, the Rodriguez case is likely to exhaust its remedies only when it eventually gets through to Strasbourg.

“Mr Caruana often argues at the United Nations that Gibraltar should be given its human rights in the face of Spain’s now traditional claim on The Rock. But the Chief Minister seems to turn a blind eye when it comes to the human rights of his own sexual minority citizens. His attitude can only damage Gibraltar’s wish to be taken seriously by British and European political institutions,” said Mr Alvarez.

Government's proposed Housing Bill is just 'business as usual'

2007-06-11T22:36:00.000+01:00

Directing itself to both unmarried heterosexual couples and gays, Equality Rights Group GGR has today said that, as far as these groups’ interests are concerned, Government’s proposed Housing Bill is “nothing more than business as usual.” GGR openly criticises Government “when it implies through provisions under section 12 of this new law that gays and unmarried straight couples need not apply: you must be both heterosexual and married if you are to have any housing rights all. For Mr Caruana it’s either take it or leave it, do as I tell you or don’t bother to apply!”

“In effect, in this new law, the Gibraltar Government has gone out of its way to make sure that any innovation in the housing sector excludes these specific citizens from any possible benefits! In particular, plans put forward for the establishment of a “Housing Advisory Council” to supposedly assess and keep under review the housing market in Gibraltar means absolutely nothing to any of you: you will continue to be considered outside the eligibility criteria for Government housing and, as such, you are complete and utter non-entities for the purposes of the law.”

The statement continues by pointing out that “the new Housing Bill does nothing in terms of rectifying prejudice and discrimination from operating in the private housing market either, since gays and lesbians in Gibraltar are in no way protected under Gibraltar law from discrimination with regard to obtaining goods or services in the community – in other words, when going shopping as an ordinary consumer or checking into hotels, going into restaurants, bars etc. It is very much to the local private sector’s credit that such flagrant discrimination is not apparent on the Rock. Yet this no more satisfies the need for citizens’ equality than to say we should have no law against murder just because, mercifully, it occurs only rarely. In a modern, democratic society all citizens without exception or exclusion must be able to count on the institutions to guarantee positive rights. However much hype and spin might have been churned out by Mr Caruana and his Government, this is something that has not happened in the almost 12 years of Mr Caruana’s Government as far as sexual minority citizens are concerned, and we will not tire of reminding them, their families, their friends and all citizens who wish to see a more tolerant and equal Gibraltar that they must vote accordingly in the coming general elections.”

We call for vigilance in Govt review of Gibraltar's broadcasting services

2007-06-05T14:02:00.000+01:00

Equality Rights Group GGR Chairman Felix Alvarez has expressed concern and “justified healthy suspicion” regarding the recently announced plans by Government to review the situation of GBC.

“Given the sudden, unconsulted and totally unannounced manner in which this review has suddenly been sprung upon all concerned, a state of alert is not only understandable but also prudent amongst Gibraltarians. Let us be quite clear, however: in itself, there is nothing wrong with reviewing the overall situation of GBC – improvements can only take place where attention is indeed paid to the various aspects of its operations. Where Gibraltar should now be vigilant, however, is with regard to whether Government will do anything at all to make GBC more independent from Government or whether any review will result in a closer control of staffing, programming or content than at present. Needless to say, GGR will monitor this situation very closely and we ask the rest of Gibraltar to pay equal attention to any possible political manipulation of this exercise in order to achieve greater Government control over essential democratic means of information. If we look back over the last half year or so following our recent change in Gibraltar’s Constitution, we must observe that not only has the padlocking of a newspaper taken place, and the self-naming of the Chief Minister as Minister for Justice as well as Minister of Finance, but also fundamental changes to the structure and influence of the Judiciary through the introduction of new legislation are on the way to becoming a reality. Additionally, we now have this! Are all these developments in such a short period of time just a coincidence? Prudence dictates we all pay close attention to what is happening before our very eyes in order to safeguard basic rights to freedom of expression and diversity of thought in this community. In the meantime, we look forward to Government’s public explanation as to its intentions on the matter, which for all we know could well introduce elements of benefit to our community.”

“In modernizing Gibraltar’s broadcasting services, and in giving credence to their democratic resolve, Government should, however, give priority to establishing the means by which politicians will be kept at a distance from any possibility of control or undue influence over what is transmitted and published by a free media. We repeat what we have been urging for a considerable time now by calling on Mr Caruana to ensure that any review of GBC should be accompanied by a review to reinforce and guarantee a free press through the establishment of a Press Complaints Commission. An independent body of this sort is necessary to guarantee not only the freedom of the press and broadcast media and restrict any possible political controls over it, but to provide professionals in the sector with the kind of safeguards required for them to do the best possible job in satisfying the public’s right to freedom of information and access to it via both the written and broadcast media, as in any modern democratic State. In view of the possible review of GBC, this body becomes even more vital in the overall protection of what is a central pillar of our democratic edifice,” Mr Alvarez concluded.

GGR rallies supporters to act in Election unity

2007-05-01T07:31:00.000+01:00

Inaugurating a campaign which aims to reach households throughout Gibraltar, Felix Alvarez, Equality Rights Group GGR Chairman, has today called on sexual minority citizens, friends, families and supporters “to do as you did at the last Elections, which is to vote in unity. The fear factor came to an end 7 years ago when we launched GGR. Today, gays and lesbians, disabled, single heterosexual people and others who are discriminated against in different ways must work together to protect and advance their interests.”

“Keep your eyes and ears fully open. If you see any politician speaking with forked tongue when it comes to your rights, your needs, your lives, don’t vote for them. Indeed, listen out to see whether any politician actually even mentions you and your needs without first being prompted! Don't be fooled by smooth talk, check out their commitment and sincerity in what they do, not just what they say! And if they try to tell you why you must vote for them “in the wider interests”, ask them what they intend to do for you and for your life. They have ignored you "in the wider interests" for far too long already and it's time for them to deliver! At the last Elections, the gay and gay-friendly vote was of real importance and had a visible impact on the final results. Let that once more be the case at the Elections some time this year. On this occasion, GGR is reaching around 4,500 friends and supporters, a wider base than was available to GGR at the last Elections. We want each and every one of you to reach out to at least one more person and ask them to vote only for those parties which have a clear and unequivocal commitment not just to civil partnership rights, but to protection against goods and services discrimination, harassment, and equality of treatment in age of consent. GGR will be providing guidance on this in the coming months.”

“In this day and age it is only the scourge of prejudice which prevents equality being a reality for sexual minority citizens and others in Gibraltar. And that is something your vote can do something about. It's time to change Gibraltar!"

We challenge Government on housing rights

2007-04-12T23:55:00.000+01:00

Equality Rights Group GGR has today issued a press release challenging Government on its housing policy towards same-sex couples.

“Discrimination against sexual minorities comes in many forms in Gibraltar. None is clearer than in the area of housing. Whilst it is our understanding that the Housing Dept justifies a discriminatory policy against joint tenancies between same-sex couples on the basis that priority must be given to ‘families’ in a situation of low housing stock, this is both narrow in its concept of family as being only possible between heterosexuals and irrational. In the first place we ask: in a low housing stock situation, what possible justification can there be for allowing two individuals to occupy places on the waiting list separately for two different housing units when that couple wishes to occupy just one unit in their joint names? In the second place, what right do the authorities have to decide for individual citizens how and with whom they wish to establish a family unit? As an equality rights organisation, we see little logical foundation for these grounds, in addition to the fact that meddling in people’s personal lives adds up to little more than a political stance on the part of Government to deny sexual minority people their rights as citizens of Gibraltar. It is no more and no less than a violation of various provisions in the Gibraltar Constitution and of every European citizen’s right to respect for their privacy and home under the European Convention on Human Rights, Article 8 in conjunction with Article 14. What is more, it affects heterosexual people who decide not to marry in exactly the same way as gay couples. The difference being that they do, in fact, have the option in Gibraltar to marry whereas gays and lesbians cannot enter into civil partnership.”

“In this respect,” the statement continues, “we are committed to ensuring that Government decisions of this sort be tested in the Courts and to the highest level possible. On this issue as well as on any others affecting them, GGR continues to work closely with individuals to ensure that all the resources available in law are committed to the ending of blatant discrimination of this sort. Discrimination which sees housing policy randomly asserted in one area and not another: an example of this is the manner in which the affordable housing schemes have been implemented denying same-sex couples (who are unable to establish formally-recognised relationships in Gibraltar) access to the new schemes, whilst lifting the requirement of marriage for heterosexual unmarried couples. This is not a fault of heterosexual couples but, instead, a clear indication of the gratuitous manner in which sexual minority citizens continue to be treated by Mr Caruana’s Government and we invite the Chief Minister to change not only his housing policy but his attitude in general towards sexual minorities. GGR continues to assert its unremitting work against prejudice and inequality which will continue until such time as Gibraltar becomes a more equal and caring society. Sexual minority citizens, their families, friends and supporters must not forget their realities when it comes to voting at the next Elections.”

Alvarez offers independent rights support to MOD workers

2007-01-24T10:28:00.000Z

Felix Alvarez, Equality Rights Group GGR Chairman, has reiterated today his support to the Trade Unions and MOD workers in their current dispute regarding contractorisation of employment.

“Human Rights organisations in other countries often act as independent observers in cases of industrial dispute. As Chairman of such an organisation in Gibraltar, I am more than happy to assist the Unions and the MOD workforce as an independent observer or adviser whenever action in support of workers’ rights is required. Should the Unions and their workers feel that I can be of any assistance in this regard, let it be known that my services will be gladly and sincerely given. This is likely to be a long dispute but it is essential that workers stand solidly not only with each other but with their Unions in carrying forward an effective strategy. It is in this context that I offer whatever support is within my reach, knowledge and experience.”

Questions in two Parliaments

2007-01-22T20:25:00.001Z

Equality Rights Group GGR has today made known that questions affecting discrimination on sexual orientation and other issues have been raised both at Westminster and at the European Parliament.

At European level, and working closely with Lib-Dem MEP Graham Watson, several questions have been tabled regarding the fact that Gibraltar continues to discriminate on the issue of the legal age of consent for sexual minority citizens and counter to judgments from the European Court of Human Rights. Questions related to the non-establishment of an Equal Opportunities Commission as required by EC law will also be raised. Whilst Government through the Equal Opportunities Ordinance 2006 has made provision for the Citizens’ Advice Bureau to undertake responsibilities in this field it is a matter of contention as to whether this complies with the clearly delineated requirement under the EC’s Race Directive for the setting up of an independent body. Incorporation of such a body into an already-existing organisation such as the CAB with links to Government through the latter’s provision of premises, allocation of funds for staffing and other resources do not, in our view, comply with the EC’s requirements and we are making our views known to the European Commission on this matter.

At Westminster level, the Hon.Emily Thornberry MP has recently asked questions in the House related both to the gay age of consent and general discrimination issues. The answer afforded Ms Thornberry by the Secretary of State for Foreign & Commonwealth Affairs, Geoff Hoon, are in our view highly unsatisfactory. We are contacting Ms Thornberry directly to fill in the gaps in the information that Mr Hoon has provided her with and which may, in our view, give a misleading view to UK Parliamentarians of the realities.

The Westminster questions come within a background wherein HMG has introduced safeguards against discrimination on goods and services for sexual minorities. This now means that in the UK citizens cannot be discriminated against in shops, hotels, bars or anywhere else when they act as ordinary citizens in the pursuit of goods and services. This contrasts starkly with Gibraltar’s situation where no such protections exist and discrimination at the point of rendering or obtaining goods and services may be legally denied to a person by virtue only of their sexual orientation.

In the overall picture, however, Equality Rights Group GGR welcomes the fact that questions at both UK and European levels are being asked and which deliver the results of a 7 year campaign of information and pressure on the part of this organisation. GGR continues to apply pressure where pressure is necessary and effective.

At the same time, approaches made by GGR to PDP leader Keith Azzopardi to clarify his Party’s policy towards sexual minorities in Gibraltar have so far produced nil results six weeks after our written request other than in the form of an automated e-mail advice by the PDP that it will be dealt with ‘as soon as possible’. Despite follow-up on our part requesting that the matter should now receive the PDP’s attention, we have neither received any further information nor has any effort been made by the PDP to personally contact us. For the avoidance of doubt, GGR will now be posting our request for clarification to the PDP to its officially published address by registered post. As we pointed out in our first public statement on this matter, we urge Mr Azzopardi’s clear statement of policy in relation to this issue and continue to alert sexual minority citizens, their friends, families and supporters to pay particular attention to failure by the PDP in informing the public as to their policy as it is of relevance to the choices before them at the forthcoming Elections. If a policy is indeed eventually issued by the PDP, we similarly urge citizens to pay detailed attention to any statement and to gauge what it means in real terms to their lives. Meanwhile, we again reiterate our willingness to sit round the table and amicably talk with the PDP should they so desire in the wider interest of genuine democratic change, which we understand to be the purported aim of Mr Azzopardi’s Party.

Why has 'VOX" been padlocked?

2007-01-17T21:46:00.000Z

In a press statement today following the recent padlocking of VOX newspaper’s premises, Equality Rights Group GGR has asked whether, as Gibraltarians, we do not care to hear the alarm bells that are ringing in our society.

“As we stand together in our fight against external threats to our way of life – whether the UK in the case of an unacceptable MOD decision, or Spain and the UK with respect to Sovereignty – let us not lose sight of what we ourselves are doing from within!”

Referring to German Chancellor Angela Merkel’s recent speech on assuming the leadership of the European Union, the group stated that “Mrs Merkel has rightly identified that the core of European identity and tradition rests on tolerance and freedom. She also made clear that freedom is something which needs to be fought for day by day. VOX newspaper, in its forthright independence ‘without fear or favour’ has aimed to do just that. It is an astounding measure of our society that the sirens that should have sounded upon the closure of a newspaper’s premises in Gibraltar have, instead, been largely met by a resounding silence in Gibraltar. Where are the political parties on this important issue? And what is causing civic society to stand mute before the implications of what has happened?”

“The closure of a newspaper’s premises by the authorities is a serious threat to the freedom of all citizens in our democracy. Whilst the basis for closure of premises has been a contested question of arrears, it is in the Courts that such disputes must be settled. And it is in the Courts that the kind of drastic action which closure of a newspaper’s offices implies must be reasonably and justly weighed within the counterbalance of democratic values such as freedom of speech and the importance of open and objective criticism by any of our media. Instead, the manner and speed with which VOX’s premises were shut down give rise, in our view, to reasonable democratic doubt as to not only the standing of a free press in Gibraltar but to its independence, highlighting and underscoring the importance of the need for measures to create an independent framework guaranteeing the freedom of the press free of political interference which this organization has openly called for.”

“Politicians, civic society representatives and individual citizens who have a serious and conscientious commitment to the fundamental value of freedom of speech and democracy do themselves and Gibraltar a gross disfavour by remaining mute on a matter which, we are certain, all of us recognize as a dangerous path for Gibraltar to tread. If VOX owes money, that is a matter for the Courts. If VOX publishes untruthful or libelous material, it is again for the Courts. It is only in the most extreme of situations and only as a final recourse, where due process has not only been applied but also been seen to be applied by impartial judges, that drastic measures of the sort we have witnessed in VOX’s case should be undertaken. The question is clear: is it VOX or Gibraltarian democracy that has been padlocked?”

We back MOD workers and Gibraltar's pensioners

2007-01-16T12:40:00.000Z

The Chairman of Equality Rights organisation GGR, Felix Alvarez, has today issued a statement giving ‘unequivocal support’ to workers following the MOD’s announcement that the in-house bid for contractorisation of services will not be awarded to the Unions.

“The reason given by the MOD is price-based,” said Mr Alvarez. “Price is by no means the only consideration in tenders – whether this one or any other. Gibraltar and its workers have provided quality and loyalty over a very long period of time. The considerations which have led to this decision by the MOD are neither apt nor reasonable. The UK has a moral and historical obligation to the Gibraltar workforce in return not only for the historic ties between Gibraltar’s workers and the MOD, and due to which British interests have been served more than well over many years and emergencies, but also in return for the use of Gibraltar and its facilities. This is our land and our workers and the price is ours to set.”

“If Britain wishes to treat Gibraltar’s workers, their services and the facilities available on our land in terms of price, then they must also be ready to understand that the price of continuing to rely on both the workforce and the facilities on the Rock is also a matter of contention for us as Gibraltarians. It is not good enough for Britain to forego its moral, political and social responsibilities to Gibraltar and Gibraltarians whilst, at the same time, dispensing with equal treatment for Gibraltar’s pensioners as a means of executing its purported sense of equality for Spanish pensioners by providing terms and conditions for settlement of the pensions dispute which are favourable to one side and not to the other. That has a name: and the name is ‘discrimination’”

“Whilst, on the face of it, the two issues may appear to be distinct, the real issue is to what extent is Her Majesty’s Government willing to sacrifice Gibraltarians over price on one of the issues, whilst clearly distributing money generously on the other in an unequal offer. Gibraltar’s workers and pensioners have my full and unequivocal support and backing not only on political grounds but also for moral and equality reasons.”

We cautiously welcome the Progressive Democratic Party's disability policy announcement

2006-12-06T21:52:00.000Z

Equality Rights Group Chairman Felix Alvarez has welcomed the announced disability policy of the recently-established Progressive Democratic Party (PDP). “It contains many elements that are crucial and necessary to comprehensive care and inclusion for the disabled in Gibraltar and which GGR has been calling for through the last almost 7 years. Though we would like to give credit where credit is due, we are nonetheless aware that pre-electoral promises must be judged as such. We will have no problem in acknowledging such credit if and when the policy is made reality and if and when the PDP reaches Government. Nonetheless, it has to be said that the announced PDP skeleton policy plan if implemented would indeed go a long way in addressing the many issues which have for so long frustrated the advancement of disabled people and their families in our community."

“Now that their honeymoon period as a new Party is over, we now publicly challenge the PDP to equally categorically and comprehensively set their agenda with regards to rectifying the many issues of discrimination for sexual minorities in Gibraltar and which we are certain Equality Rights Group GGR does not need to repeat. As a Party labeling itself as having a progressive attitude and coming to the political scene with an allegedly new open mind and social agenda, the PDP's disposition, openness and progressiveness will be tested in this particular respect since it takes courage and an honest will to make change for policies in this area to be addressed. We look forward to the PDP’s public response on this issue and put on the table Equality Rights Group GGR's readiness to enter whatever dialogue with Keith Azzopardi as may be necessary. We urge, however, all sexual minority citizens, families and friends in Gibraltar to keep a very open eye for the PDP’s response or silence on this matter as a barometer and indicator of the PDP's intentions.”

GGR calls for a Press Complaints Commission

2006-12-03T18:48:00.000Z

In a press release today commenting on the results of the Constitutional Referendum, Equality Rights Group GGR has today said that all sides must now be gracious enough to put the past where it belongs and continue working for a better Gibraltar.

Chairman Felix Alvarez added that, “The new Constitution is now a reality. We need to put a padlock on it and move on. Negotiations for a better Gibraltar starts now – and that means as much negotiating with our own politicians so that they recognize the wider issues involved in our society as well as with the UK and Spain. General Franco’s Sovereignty agenda cannot continue to dictate our agenda as a society for another 50 years.”

“At the same time, the realities of what has happened during the Referendum campaign should not be forgotten. Only 38% of the electorate gave positive support for the new Constitution, and 62% either voted ‘no’ or didn’t vote at all. There is little reason for jubilation on either side and it is clear that Gibraltar is by no means happy and we call for stability and working together rather than for division.”

“Questions over democratic scrutiny of process during this time have, nonetheless, been acute during the Referendum campaign and healing can only occur by working to rectify the errors in a positive way,” continued Mr Alvarez. “Issues regarding the situation of the media have also been worrying and it is only right that whatever proper recourse need be had to clarify the events in question be undertaken with a view to internal and democratic healing and reconciliation. However, in a situation where Government now will have greater powers than ever before and the citizen, therefore, proportionately diminished in this regard, it is time for this community to start considering the role of the press and media which are so vital to democracy and over which greater open vigilance must be had by all.”

“Therefore, and in particular, Equality Rights Group GGR calls for the establishment of an independent, objective and empowered Press Complaints Commission to adjudicate fairness of access to written and broadcast media so as to ensure mechanisms guaranteeing fair and balanced reporting and access to all social agents so as to strengthen democratic confidence. The public needs to know that all sides of the news is evenly and objectively provided to them without any possibility of political intervention and that, while editorial judgement will always play an important part in the management of the media, this cannot be at the expense of the right of the public to balanced information. This is of particular importance today in the run-up to Elections, but will continue to still be as relevant thereafter. In the new imbalance in the rights of Government over the citizen under the new Constitution, we urge the community to be very vigilant on this score and to similarly urge the establishment of an impartial body to oversee the vital role of the broadcast and published media which will preserve without grace or favour the rights of both the media themselves and the public at large.”

New Constitution still 'gravely deficient'

2006-11-29T18:51:00.000Z

Over two years ago GGR made a public statement to the effect that the proposed new Constitution was ‘gravely deficient’. We stood outside Convent Place in a banner demonstration to affirm that the negotiation for a new Constitution was not and could not be seen as a mere “sovereignty patch”. At the time few if any groups seemed to understand the meaning of that message, though we have been pleased to find over that time and through a series of GGR press releases, that the core message has been picked up and echoed around the community, with the welcome coming together of a No Campaign organizing committee.

Various issues have not been equally well echoed, however. A No vote on the new Constitution is not merely to say no for the sake of it. It is not, as the Chief Minister would have us believe, some retrograde ‘wet blanket’ approach: it is a positive step for insisting that self-determination, like Sovereignty, is not just about politics and politicians, but about people as people above all. It just is not possible for Mr Caruana or anyone else to argue that self-determination is primarily about Gibraltar’s relations with the UK and consequently with Spain. If self-determination is not about every Gibraltarian’s right to determine their own lives in a free, equal and democratic manner and if that is not truly and expressly reflected in any new Constitution, then what the new Constitution protects is the political establishment, with all its new extensions of power to local Government, whilst doing almost nothing for ordinary people in Gibraltar. Constitutions are basic road maps for building society, not a mere patch for Sovereignty.

The Chief Minister’s claims that the new Constitution brings Gibraltar ‘bang up to date’ with the human rights provisions of the European Convention of Human Rights just does not wash. Whilst this would indeed have been the case had the Convention been made directly effective through what is known as ‘incorporation’ into the Constitution, all the Chief Minister is proposing is that the Convention – contrary to what happens practically everywhere else in Europe – is merely ‘taken account of’. This, in legal and political speak means “well maybe”. The Chief Justice himself has lamented that this should be the case, a point GGR has made since the year 2004.

Nothing, and we repeat, nothing the Chief Minister or the Yes campaign has said has changed the deficiencies in the proposed new Constitution. Human rights – whether for the disabled, sexual minorities, the elderly, people of different race and so on – will remain in exactly the same poor state under the new Constitution as it is under the present one. Anyone considering voting Yes should remember their fathers, mothers, friends and themselves when honestly deciding whether allowing a defective and insufficient Constitution to go through is indeed in their interests – or maybe whether, instead, it is merely a charter for the political machinery. Saying Yes is saying yes to that. Saying No keeps the negotiation alive not only between Gibraltar as an emerging State but also between the people and our own representatives, the majority of whom are so proactive at leading headlong at full speed to increase their own influence and power and who, once in Government, are so quick to ditch the promises and accountability to the ordinary man and woman in the street. A Constitution on the right terms would help protect against that happening – but that is precisely what Mr Caruana does not propose to deliver!

It is for these reasons that Equality Rights Group GGR asks Gibraltarians to think seriously again about a Yes vote. “Yes” is a yes for them, “No” is your insistence that you, the ordinary people and your rights cannot and should not be brushed aside so lightly.

If we don’t do this – who will? And if not now – when?

GGR complains to EU President

2006-11-27T20:58:00.000Z

In a communiqué today, Equality Rights Group GGR has made known the contents of correspondence with EU President Jose Manuel Barroso

Chairman Felix Alvarez revealed that GGR has been in contact with the EU Commission over some time and covering various issues. “Firstly, we are asking the EU President to take action against the Gibraltar Government for failing, to date, to implement the requirements of EU law with regards to the establishment of an Equal Opportunities Commission in Gibraltar. This should have been implemented along with the Equal Opportunities Ordinance some years back and we still have not seen this legal requirement materialise, even following the recent trumpeting by Government of measures required by the EU in the relevant Ordinance and certainly not as an act of political goodwill on their part as they would have us believe. In Government’s recent announcement of its plans to implement pending measures to the relevant EU Directive, they have made no reference to this equally pending legal obligation on their part. Furthermore, in the light of Mr Caruana’s “Africanisation” remarks, the requirement for a Commission to act as a watchdog against incipient racism is all the more relevant. There is no doubt that Mr Caruana’s remarks caused offence for the nuances he attached to the term he used and local African citizens in Gibraltar were, in our view, naturally aggrieved at what was perceived as a derogatory attitude. GGR will continue to insist upon the EU at its highest administrative and political levels that European law must form a part of our responsibilities in the same way that European rights are conferred and our letter highlights this point.”

“Additionally,” Mr Alvarez continued, “we continue to raise the issue of an unequal age of consent for gay citizens in Gibraltar. That this should continue to be a fact of local law whilst the European Court of Human Rights and the Treaty of Rome on which the EU is founded clearly disapprove of such discrimination and inequality is a measure of how behind the times the political establishment continues to be on issues of human and social rights. Finally, we have asked for feedback from President Barroso regarding the status of a Gibraltarian citizen’s petition to the EU regarding the effect of an air measure which excluded disabled persons from directly accessing airport facilities on an equal basis to similar citizens in other EU territories. Whilst we recognise the Cordoba Agreement may have affected the situation, it is by no means clear to what extent Spain will now lift its vetos on Gibraltar-effective EU air measures. It is for this reason that we have asked for clarification.”
On a parting note, Mr Alvarez revealed that on these and other issues he has been working on ‘for a significant period of time’, it is likely that in the coming months ‘important meetings at very high levels’ may take place to which he will be a party with both UK and EU decision makers in order to mark progress on the human rights front in Gibraltar.”

Government has nothing to trumpet!

2006-11-23T11:50:00.000Z

Equality Rights Group GGR has today reminded Government and affected citizens that the provisions for combating age and disability discrimination in employment in the Equal Opportunities Ordinance must be put into effect by 2nd December this year, adding that “Government has nothing to trumpet in this respect – the provisions it says it is introducing are, in the context of Gibraltar’s appalling and backward situation regarding the disabled, helpful though severely limited measures they have been forced by the EU to introduce and not as a part of Government initiative or political goodwill.”

“Whilst we welcome the fact that Government has announced the publication of a Bill which will bring the required extensions to the Equal Opportunities Ordinance, citizens in this community should note that , irrespective of whether Government presents the new provisions to the House of Assembly in time or not, both the disabled and those who feel discriminated on the basis of age and in relation to employment should note that as from 2nd December this year, these provisions will be theirs by right. Any person who suffers discrimination on these grounds as of that date will be in a position to sue the Government for damages which may have resulted from non-implementation. GGR encourages individuals to exercise their rightful legal rights, especially in the case where citizens suffer as a result of Government failure to carry out their legal obligations in regard to EU law. GGR will lend support to such persons.”

“At the time when the Equal Opportunities Ordinance was debated in the House of Assembly – now almost 3 years ago – Mr Caruana indicated he intended to bring forward the implementation of these measures, though technically the deadline is reached on 2nd December. It is clear that Mr Caruana has not seen fit to give the matter the importance it deserves and so we are once more, and on a technicality, brought to the brink on these issues. Nonetheless, GGR trusts Government will ensure implementation takes place on time. Furthermore, it is still to be seen whether Government has taken the opportunity with these already-trumpeted provisions to genuinely go beyond the measures provided for by the EU Directive through not only introducing these very limited anti-disability and anti-age measures for the workplace, but to establish a clear, comprehensive and progressive legislative framework, via an Ordinance, which will once and for all bring Gibraltar into line with the rest of Europe with respect to not only general anti-discrimination measures for our citizens, but also specific, binding, and published rates of allowances and social security support for this part of our population. In a normal European setting, and departing from an already decent base of measures (which Gibraltar does not have) to support the disabled, these extra provisions are undoubtedly welcome. Given the appalling state of affairs in Gibraltar, where disability is recognised only when derived from birth and not thereafter, for the Government to trumpet its ‘success’ when merely introducing measures related to employment alone and, furthermore, not as an act of initiative and volition but in response to sheer legal obligation arising from the EU and not from its own policies, it will be obvious to all that any trumpeting of new measures sounds a flat and dischordant note!”

“It is not good enough for people to have to be at the mercy of unknown, ambiguous and hidden behind-the-counter support and benefits, which are difficult to verify and even more difficult to challenge by citizens. It is only when we act in an up-front and right manner towards our most vulnerable that Gibraltar can rest at ease with its conscience as to how we treat our friends and family members who happen to be disabled or of a certain age.”

Tragic death - we call for a full public investigation

2006-11-09T21:51:00.000Z

Equality Rights Group GGR has today called for a full and independent public investigation into the role of the Social Affairs Minister and Social Services regarding the untimely and tragic death of a 26 year old woman at Harbour Views yesterday.

“Barely a week after we were treated to Minister Bernard Linares' 1984-style version of Government concern for people’s rights, we are today faced with the tragic outcome of the reality that flies in the face of Government hype,” the statement says.

“Whilst we are aware of the identity of the person and of the circumstances surrounding her situation prior to her death, we refrain from mentioning those details out of respect for the family and the police investigation under way.”

“However, the few facts that have been made public may point to the involvement of Social Services, the responsibility for which rests with the Minister for Social Affairs, Yvette Del Agua and not with its staff who labour under the Minister's policies. This being the case while a police investigation to rule out untoward liability is correct and necessary, it is equally correct and necessary that the responsibilities of the Minister as head of both her Ministry and as responsible for the care of disabled and other persons in our community be objectively and independently clarified. GGR calls for a full and public investigation to clarify whether any failure of treatment for this individual has played any role in her death. Should this be the case, the decent thing is for the Minister to resign.”

“People are not mere ‘voting capital’ for the politicians. They are human beings that need to be cared for and for whom policies have to be built which invest in their well-being and quality of life. The Chief Minister and his Government must assume responsibility for any failure which may have occurred in this tragic case and do the decent thing by instituting an independent enquiry free of political influence or intervention. Following such an act of transparency – or even before it – the decent thing in any democratic State is for the Minister concerned to resign as acknowledgment of Government’s moral responsibility for the welfare of its most vulnerable citizens. Failure to do so would be read by the people of this community as flying in the face of decency and respect. When individuals in this community suffer quietly and unseen on a daily basis, politicians must pay the price for their failure to promptly and unequivocally address their needs.”
“Governments of Gibraltar whether in the present or in the future, and of whatever political colour, must learn that while they may enjoy parading in the ‘big’ headlines, it is the everyday reality of real people – who are not mere voting capital – that should dominate both their thinking and their action every day of their political term. Citizens should draw their own conclusions and not be driven by the hype and gloss that politicians are so professional at putting out before Elections instead of attending to the many in our community whom so many appear to consider an inconvenience.”

GGR questions Govt on Refugees

2006-11-07T20:07:00.000Z

Equality Rights Group GGR has written to the Chief Minister asking for clarification on provisions with regard to refugees and asylum seekers.

“There are clear national and international provisions that persons with refugee or asylum-seeker status should be given the opportunity for employment, housing and possible social security support. These are sensible and practical requirements in law to ensure that persons who are persecuted or otherwise find themselves in a State-less situation are able to find refuge. Failure to provide for these persons adequately is not only a negative element for the individual themselves, but could pose the danger of undesirable conduct on the individual’s part in an effort to provide for themselves where no or inadequate provision is made by the host country.”

“Gibraltar has clear legislation covering this situation both in the Immigration Control Ordinance 1962 and under the Temporary Protection Ordinance 2005. Our letter to the Chief Minister seeks clarification as to the total number of persons in this category, their nationalities, whether they are employed or not, and whether they receive social security support as well as housing or assistance towards it.”

“GGR is not only interested in ensuring that the Government of Gibraltar complies with its international obligations under the Geneva Convention on the Status of Refugees of 28 July 1951, but also with our own legislation designed to provide for these persons. Most importantly, it is ultimately a matter of much interest to Gibraltar as a community to ensure these provisions are made practical realities and that we are not failing in compliance since, in the alternative, destitute or unprovided for individuals in this situation may seek modes of survival which could lead to unacceptable behaviour. Employment and housing, therefore, are of core importance to ensure refugees and asylum seekers are able to live amongst us with a measure of safety and dignity. We trust Government will clarify these matters if not to ourselves directly, then at least to the public at large. Since, from past experience, unfortunately, GGR cannot confide in a response being received from Government, we have forwarded a copy of our letter to Amnesty International for their information.”

Our concern for the blind

2006-11-01T19:42:00.000Z

Equality Rights Group GGR has today expressed concern regarding basic support for blind and visually-impaired people in Gibraltar, who, it says ‘comprises according to our understanding of 49 officially registered and 5 enrolled persons making a total of 54 with possibly up to 26 further unregistered persons bringing the total in Gibraltar to an approximate 80.”

“We have for many years spoken about the poor support given to the disabled in our community, and this has received a measure of public focus though with inadequate attention by Government. In the midst of this general awareness, and to a degree, the blind appear to be a largely disattended group. GGR has recently been shocked to be advised by Mr Albert Cano, who is a Gibraltarian and registered blind since 1979, that despite a long-standing battle with increasing visual impairment, he is still receiving no training in the use of a walking stick or indeed in the use of Braille. Mr Cano some time back was hurt by a car in an accident which, he feels, would have been avoided had he had the use of a walking stick to guide his way. Even if this problem were limited to just one affected person, in our view this would still be one person too many! Whilst we very much hope that this situation will soon be put right by the relevant authorities and those concerned with supporting this community, the approach made to us by Mr Cano is deeply concerning and calls for immediate rectification.”

“GGR urges Government to address the needs of the blind and visually-impaired community on the Rock with the care and attention they require as full citizens of this community. In this respect we welcome the recent availability of premises to afford the blind community a resource. It is completely unacceptable, however, that basics such as walking-stick training and Braille should either be delayed, totally unavailable, or where they are available, that the people who need access to them should allegedly find themselves unable to make use of such an important part of necessary equipment and skills to their daily lives. GGR does not intervene in the work of other NGOs in the Community except at the specific request of affected individuals, as in this case. Nonetheless, we trust the matter will find suitable and speedy remedy by all those concerned in supporting the blind and visually impaired.”

“On a different note, GGR has been closely studying statements by both the established and new-comer Parties prior to the Elections and soon intend to raise issues publicly which, to date, they are either avoiding or giving unacceptable or ambiguous answers to. Amongst these will be the issue of a Sex Offenders Register, which the present Government has totally ignored despite strong public support for a Petition. We continue to receive representations from concerned citizens wishing to raise this matter once more in the approach to Elections. In consequence, one of the steps we shall be taking will be to approach Annette Vallejo, who worked with us on the Petition campaign for the period of its duration and who does not form a part of our Executive but whose initiative led that Campaign in order to lend whatever support may be appropriate at this time.”

We reiterate our call for the Courts to decide Ratali issue

2006-09-14T00:18:00.000+01:00

Equality Rights Group GGR has today responded to a Government press release yesterday in which it is alleged that the basis for the demonstration regarding the treatment of the President of the MCA is “false” by clarifying its own position.

Felix Alvarez, Chairman, stated that he had “written directly to the Chief Minister asking for public clarification of the reasons for the decisions which had been made concerning Mr Ratali. A couple of days later, I welcomed the public clarification which ensued. Nonetheless, Mr Caruana omitted to say whether there were any public interest issues in this case which might shed light on the decision, despite my explicit request. He also omitted to explain why it is that a firm contract of employment had to that date still not been approved by the ETB despite, allegedly, many months in the offing. In the circumstances, the Chief Minister cannot be surprised to find that there continue to be motives for suspicion surrounding this situation. Democratic Governments do not respond in this manner."

“Additionally,” Mr Alvarez added, “the sudden decision to withdraw an existing visa-waiver for this gentleman fuels further suspicion that the management of the decision-making processes by public authorities, which under the rule of law have an obligation to act in a transparent and explained manner, has been calculated to thwart the possibility of this gentleman taking the matter before a court of law to decide whether Government has acted justly or not. There is no doubt at all in GGR’s mind that, technically, Government has acted within the letter of the law. But that does not necessarily satisfy the requirements of democracy when proper procedures or natural justice have not been followed. GGR's presence at the demonstration is not to shout “discrimination” and “victimisation” because we believe in establishing facts first and foremost before arriving at conclusions: it is to protest the manner in which this has been done and the way in which an individual is being prevented from having his case heard by a Judge when the actions of the Executive give rise to issues of propriety. We therefore protest at the discredit Government’s actions and style visit upon this community.”

“As a rights organisation, our concern is that Government should act fairly, provide proper reasons to an individual affected by its decisions and afford him the right to have his case heard impartially. None of this has happened and all of them should have - especially when just two years ago Mr Caruana told us that he believed “in a culture of human rights”. The deprecating manner in which Government refers to organisations in this community only underline a profound disrespect for different views in this society and a style of Government inconsistent with decent democratic values. Mr Caruana should honour Gibraltar by allowing Mr Ratali the opportunity to enter to appear before a Judge and have impartiality and not politicking decide.”

Gibraltar politicians will just have to lump it!

2006-09-12T23:34:00.000+01:00

Following the recent ruling by the European Court of Justice regarding Spain’s failed claim regarding the enfranchisement of qualifying commonwealth citizens in Gibraltar for voting rights in European parliamentary elections, Equality Rights Group GGR has also welcomed Spain’s failure but has reacted to comments by Government and other Parties saying that “once more it’s a case of do as I say - but not as I do.”

Whilst Spain’s case was obnoxious in its attempt to prevent certain resident citizens from being able to participate in a democratic process, no less so is the hypocrisy with which the Chief Minister and other politicians have “warmly welcomed” the result. “Were it not for the fact that they argue on human rights grounds and that they strongly object to the fact that Spain was attempting to prevent citizens from exercising their democratic rights and that this is precisely what Gibraltarian Governments have been doing all along themselves and continue to do to the present day, perhaps we might not be so averse to the unrivalled hypocrisy of their supposed moral stand on this matter. It is clear they play to the public gallery saying the things they expect people want to hear before an Election and failing to tell the full story of the European Court of Justice’s basis for their ruling.”

“For years, successive Governments have failed to implement a whole range of human rights in our country – this present Government perhaps taking the biscuit, the Oscar and all Olympic medals in this particular category. Additionally, British citizens "in British Gibraltar" continue to be denied a range of basic rights on the principle that because Gibraltar is a part of the United Kingdom and since British people in Gibraltar are therefore from the “same” member State, then those same British people cannot have the rights any other EU citizen would have in freely moving to Gibraltar because they are not members of “another” EU state, which is what EC law provides. This is sheer and undiluted two-facedness: arguing we belong to the UK when we don’t want to give British people in Gibraltar their EC rights and arguing we don’t belong to the UK when we want to obtain our own separate human rights! GGR has always put telling the realities and the truth ahead of all other considerations – whether the politicians like it or not. And on this occasion they’ll just have to lump it!”

Let Ratali appeal before the Courts

2006-09-06T14:04:00.000+01:00

Equality Rights Group GGR has today welcomed Government’s speedy clarification of its reasons for the situation which has developed lately regarding the MCA President.

Chairman Felix Alvarez stated that “Having established clearer Government’s reasons for their actions following a recent statement, it is only right that, in all fairness and in consequence, Mr Caruana should now give instructions to allow this gentleman access into Gibraltar for the purpose of presenting his due appeal before the Courts. Under the rule of law in any democracy, citizens may question the actions of the Executive and public authorities via the courts who will be responsible for impartially ascertaining the legitimacy of any such action. The fact that Mr Ratali has neither been given reasons verbally nor in writing, nor indeed afforded the opportunity to present his case to the concerned authorities is a factor which weighs heavily against the propriety of the process which has taken place and I publicly urge Government to review this aspect of their decision.”

“Failure to accede in this manner to what is a due process of law, may otherwise give grounds for public belief that the denial of entry into Gibraltar in this particular instance is designed to thwart what is a fundamental tenet of Gibraltar’s constitutional and moral framework and status, and I trust Mr Caruana will be keen to demonstrate the contrary,” Mr Alvarez added.

We urge Government openness

2006-09-03T22:47:00.000+01:00

In an urgent letter to the Chief Minister today (copied to the Deputy Chief Minister), Equality Rights Group GGR has urged Peter Caruana to openly address the issues surrounding the employment and immigration status of the President of the Moroccan Community Association in order to fully inform the public of any legitimate concerns on the matter.

Group chairman Felix Alvarez, added that “Government is there to do a job and that is to be respected, but its actions must be in accordance with the rule of law. In fairness to both Government and to the person concerned, I have urged Mr Caruana to take this opportunity to fully respond on the issues so that the voice of all sides will be heard. Democracy requires Ministers and public authorities to act in a responsible manner, ensuring that actions taken are done in a way which does not give rise to questions about the legitimacy of Government actions. It is of no service at all to Gibraltar for Government actions to be questioned as a result of lack of clear and valid reasons – otherwise citizens may well ask themselves “if it’s him today, will it be me tomorrow?” To date, the standard official response which has been given to what should otherwise be a smooth piece of bureaucracy in approving paperwork is fuelling suspicion as to possible underlying motives in this case. It is of no justice to Gibraltarian democracy for matters to proceed under such a cloak of unsatisfactorily explained processes.”

LETTER TO CHIEF MINISTER

Peter Caruana, QC 4th September 2006
Chief Minister
No. 6 Convent Place
Gibraltar

Dear Chief Minister,

URGENT: STATUS OF PRESIDENT OF THE MCA

The handling of the employment and immigration processing of the above gentleman’s status, as you know, is causing concern in this community. In particular, it is stated that approval of what is said to be a firm employment offer, with the attending immigration status requisites, is reported to be pending for many months now.

As a lawyer, you will be well aware of the importance of the principle of rule of law and the general requirement that justice not only be done but also be seen to be done. As such, whilst entrusted with discretionary powers to act justly and in the public interest, Ministers and public authorities are under a duty to act in a manner which does not undermine the legitimacy of Government actions before the public.

In view of the increasing concern being expressed given the, to date, shortness of public information as to possible legitimate issues which may underlie the present case, and in fairness to you as representative of Government and to the wider interests of Gibraltar at large, I would urge you to address this matter in a manner which sheds light on the delays being experienced by Mr Ratali. Failure to do so may, in our view, only add to continuing speculation as to possible underlying motives; and in this organisation’s view, this cannot be good for Gibraltar since belief in the legitimacy of Government is fundamental to our society.

As a human rights organisation, GGR urges you to take steps to inform the public not in the standardised manner to date (and if not in the detail, at least in the generality) as to any relevant public interest concern or other issue of import in this matter in the most transparent manner possible, failing which the citizens of this community may, in our view, reach conclusions which can only be damaging to our established belief in democratic principles. Again, in fairness to Government as well as to Gibraltar and to Mr Ratali himself I urge you to take this opportunity . I look forward to your earliest and most urgent response,

yours faithfully,

Felix Alvarez
Chairman

Cc: The Deputy Chief Minister

Government is doing itself no favour!

2006-08-30T13:42:00.000+01:00

Equality Rights Group GGR has today questioned Government handling of the various procedural issues related to the employment and immigration status of the President of the Moroccan Community Association.

“As a human rights organisation, we will not pre-judge the balance of issues that could be at play in this particular situation. Judgements must be made based on objective facts. Yet it is more than clear that Government is doing itself no favour by taking the inordinate time it is in processing the re-employment paperwork in this case, given that it would appear the gentleman concerned is already in possession of an offer of employment and his prospective employer is reportedly eager to proceed. The many months delay in this case is, to say the very least, unusual and Government’s statement that standard considerations are being applied runs counter to common-sense since a person of long-standing employment on the Rock and with a firm employment offer has a legitimate expectation that the handling of his case will proceed as smoothly as on other occasions unless specific reasons are given to the contrary. The wholly questionable tardiness in the administrative handling of this affair may therefore only lead to a perception that our public authorities, entrusted with discretionary powers to act justly and in the public interest, are failing so to do and, instead, fuelling doubt about any possible underlying motivations for acting in this manner.”

Felix Alvarez, Chairman, stated that “In a situation where Government plans to increase its executive powers through the adoption of a new Constitution which does precisely that, and the text of which, if left uncorrected, could undermine the independent role of the Judiciary, then now more than ever Government is under an increased responsibility to act more openly, more democratically, and more in keeping with the principle of the rule of law by informing the public precisely what reasons it may have for acting in this manner in this particular case. If there are indeed public interest issues involved, the public needs to know if not the detail, then certainly sufficiently so as to put its doubts to rest. What we definitely do not need is the undermining of democratic principles in any guise or form nor Executive behaviour which leads the public at large to suspect procedural foul play and thus question the legitimacy of Government actions. That is not good for Gibraltar. And the last thing we want is a situation where citizens begin to ask themselves: if it’s him today, will it be me tomorrow?”

New Constitution is a bad move for Gibraltar!

2006-08-06T09:45:00.000+01:00

Equality Rights Group GGR has today commented on recent remarks by Chief Justice Derek Schofield in which he expressed the Judiciary’s disappointment that the proposed new Constitution should not have fully incorporated the European Convention of Human Rights. GGR believes the new Constitution is a “bad move for Gibraltar.”

“GGR has been saying the same thing all along, and we welcome the Chief Justice’s clear public view on this. We have always said the new Constitution is gravely deficient from day one and we have maintained our view even when we stood alone. From the first announcement of an agreed text for the Constitution, we have clearly stated that this exercise is a missed opportunity to bring real progress for Gibraltar, providing only benefits to the political apparatus while conferring practically none to the ordinary citizen. We maintain that view. We are pleased, therefore, to see that both the SDGG and the Veterans group have subsequently come to the same conclusions, though perhaps from different perspectives, whilst noting that the VOGG may be less uniformly decided in their conclusions. It is noteworthy that citizens at grass roots level should have this view while the politicians – now in unison – have adopted an opposite approach.”

“Acceptance at referendum of the new Constitution is acceptance of a missed opportunity to really bring Gibraltar up to standard with modern democratic values and self-determination for citizens at all levels. It is a partial text with only a partial solution and, whilst the “yes” argument is that something is better than nothing we cannot agree: accepting the new text is to paralyse any possibility of really introducing the kind of changes Gibraltar needs for a very, very long time indeed. A “no” vote will have the exactly opposite effect.”

“Given the resources and financial support the “yes” vote will have in blasting their message across the population, we are not hopeful that the new Constitution will be rejected. It is therefore all the more important that the GSLP/Liberals re-think their position by supporting the possibility of building real and lasting self-determination for Gibraltarians at all democratic levels and not settle for less.”

We welcome retirement of TG District Officer

2006-06-20T09:01:00.000+01:00

Equality Rights group GGR has today welcomed the announcement of arrangements for Luis Montiel's departure from the post of TGWU District Officer as of next month, saying that “it is good to see that Union Headquarters has arranged for the happy retirement of Mr Montiel. It will be for others now to deal with the legacy of decline in membership figures and disillusionment among the membership. And this despite TG's strong and progressive social politics. We are glad to see, however, that in his final phase Mr Montiel has made an effort to assist in obtaining some benefits for his members.”

“We trust that in choosing a new District Officer both TG Headquarters and the Gibraltar branch will have read the message of the last 11 years and learnt the lesson that workers in Gibraltar must no longer allow the kind of incursions of power interests which have permitted the kind of right wing hold on Gibraltar’s progress that we have seen and return the Union to its crucial role as a vital social agent in Gibraltar.”

Nothing positive about new political party!

2006-06-09T11:59:00.000+01:00

Equality Rights group GGR has commented on the launch of ex Government-Minister Keith Azzopardi’s recently launched new political party by saying that “It is in our view fair comment to say that to believe that a politician who has occupied the highest levels of Government for several terms and done nothing to bring about the “progressive” politics he now wishes to sell us until the moment when his own political career prospects have been affected says very little about Mr Azzopardi’s party being any kind of “political alternative” whatsoever!”

“The candidacies of Rosemary Peach and Marilu Guerrero are similarly questionable. On the one hand, in our opinion, never has the Women’s Association been as inactive or expressed less solidarity with the community of Gibraltar than during Ms Peach’s chairmanship. In fact, in our view, she has been spectacularly unforthcoming in supporting the many disadvantaged sectors of our society when her role might have been helpful. She did nothing, for instance, to campaign either for the introduction of legislation against child sex offenders or to support the disabled in Gibraltar. She is not, in our view, a candidate to inspire hope in anything other than a desire to reach a political position. Ms Guerrero, while a strong personality and hard worker in her own corner, has, similarly not been known for “moderate” solidarity with social progress which Mr Azzopardi wishes to project as the centre of his campaign. Given the, in our view, singular track record of both Ms Peach and Guerrero in always sitting on a fence and thus avoiding being seen to support any social causes by always insisting they were “not political”, we are amazed at their new-found political consciousness! All in all, Mr Azzopardi’s new-fangled party lacks credibility or substance!”

GGR supports Union

2006-05-21T11:15:00.000+01:00

Reacting to recent exchanges between TGWU Branch Officer Charles Sisarello and Minister Bernard Linares, Equality Rights group GGR has supported the Union in what it says is “an effort to bring the Union back to its members and which all those workers who have in the past years lost hope and faith in the Union should now support by returning and helping to build the Union again in the interests of ordinary working people!”

“Mr Linares and the Government he represents needs to understand Governments in democracies are not allowed to own Unions! Our society is supposed to work on the basis of separation of powers. That means Mr Sisarello can and should make whatever arrangements he sees fit for the youth and the rest of the membership of the Union if that is their wish without being in any way beholden to Government. Indeed, Ministers might learn a thing or two from Mr Sisarello’s attitude of only commenting on policy. Unless for Government, ofcourse, this would carry with it the inconvenience of having to address the facts – in particular, that Trainees in the Government Training Scheme have not had an increase in their allowance or grant since 1990, which means that for 16 years inflation has been reducing the value of their money.”

“The Union is there to defend the interests of its workers and as an Equality Rights organisation GGR will support T&G efforts whenever and wherever in this aim. Equally, Mr Sisarello and the Union can expect criticism whenever the Union fails to carry out this mission. In this respect, perhaps Mr Sisarello can explain why it is that the Gibraltar branch has so far done nothing to obviate its promotion of sexual minority workers’ rights in accordance with Rule 2 (2) (d) of the Union Rule Book. Gibraltar T&G continues to remain silent on its sexual minority members when it is willing to make other non-discrimination positions rightfully clear and public. It is wholly unacceptable that the Union should thus contribute to marginalisation of a sector of its workers by failing to operate open and public solidarity for all its members without distinction. Silence contributes to inequality and this is wholly unacceptable coming from the Gibraltar Branch!”

Full text of our report to the EU

2006-05-17T18:28:00.000+01:00

RIGHTS IN GIBRALTAR

Introduction

Gibraltar is a dependent territory of the United Kingdom. It forms part of Her Majesty the Queen’s Dominions, but not part of the United Kingdom. The United Kingdom parliament has the ultimate authority to legislate for Gibraltar, but in practice exercises it rarely. Executive authority in Gibraltar is vested in the Governor, who is the Queen’s representative. Pursuant to a dispatch of 23 May 1969, certain “defined domestic matters” are allocated to the locally elected Chief Minister and his Ministers; other matters (external affairs, defence and internal security) are not “defined” and the Governor thus retains responsibility for them. The Chief Minister and the Government of Gibraltar are responsible to the Gibraltar electorate via general elections to the House of Assembly.

The House of Assembly is the domestic legislature in Gibraltar. It has the right to make laws for Gibraltar on “defined domestic matters”, subject to, inter alia, a power in the Governor to refuse to assent to legislation. The Treaty Establishing the European Community (“the EC Treaty”) applies to Gibraltar by virtue of its Article 227(4), which provides that it applies to the European territories for whose external relations a member State is responsible. The United Kingdom acceded to the precursor to the EC Treaty, the Treaty Establishing the European Economic Community of 25 March 1957 (“the EEC Treaty”), by a Treaty of Accession of 22 January 1972.
Gibraltar is excluded from certain parts of the EC Treaty by virtue of the Treaty of Accession. In particular, Gibraltar does not form part of the customs territory of the Community, with the result that the provisions on free movement of goods do not apply; it is treated as a third country for the purposes of the common commercial policy; it is excluded from the common market in agriculture and trade in agricultural products and from the Community rules on value-added tax and other turnover taxes, and it makes no contribution to the Community budget. European Community (“EC”) legislation concerning, inter alia, such matters as free movement of persons, services and capital, health, the environment and consumer protection applies in Gibraltar.1

The sovereignty status of Gibraltar has dominated the domestic political agenda for many decades. The predominant preoccupation of survival as a people with an identity and a political future has, naturally, commanded domestic centre stage during this time. Nothing stays still, however, and meantime social changes both on the Rock and in the rest of Europe have meant that expectations and demands have also arisen within our population. As Chairman of Equality Rights group GGR, I bear the responsibility of heading a human and civil rights group which is keen to listen to and reflect these increasing demands for change and to work, hand in hand with the European Union, in advancing the Social Agenda. This Report responds to a request by EU Justice Commissioner Franco Frattini at our meeting on 25th January 2006 to review the social rights situation in Gibraltar, and we have outlined four main areas of concern herein:

• A: Disability rights
• B: Sexual minorities
• C: British EU citizens rights
• D: EU social funding and structural inequality: flying before we can walk

I would like to thank members of my Executive Committee, the Disability Society and the Disability Movement for their cooperation and contribution to the writing of this Report and Graham Watson, MEP for his invaluable assistance in arrangements made for my recent meetings at the European Commission and Parliament - and for helping to make the distance between Gibraltar and Brussels that much shorter! My gratitude also to MEPs Michael Cashman, Glyn Ford, and Neil Parish for their kind support and invaluable assistance.

Felix Alvarez
(Chairman)

1 The above summary is provided in the judgment of Matthews v United Kingdom 24833/99 18 February 1999

A: Disability

Gibraltar has no specific legal framework setting out a definition of disability other than for the administration of contributory social security schemes. There is no recognition, therefore, of the rights of the disabled in any consistent or obvious sense. This leaves many questions open to discretionary interpretation and practice rather than subject to statutory provision. In reading through the below comments, it will be evident that guidelines such as set out in the UN’s Standard Rules on the Equalization of Opportunities for Persons with Disabilities in 1993 or indeed by the European Commission itself in COM (2003) 650 of 30.10.2003 and entitled “Equal Opportunities for people with disabilities: a European Action Plan” whilst, non-binding in nature, are far ahead of the current Gibraltar reality. It is in the direction of both those guidelines that Gibraltar’s disabled need to travel.

The situation:

1. It is a matter of practice which has arisen over time (but not of statute) in Gibraltar that congenital disability is recognised for the purpose of considering non-contributory allowances from the social security scheme and to assess entitlement to any other specialised needs of the affected individual.

2. Disability which is a result of employment is covered by the obligatory social insurance scheme and Gibraltar has developed statutory means of defining and administering this scheme. This leaves in question, however, the situation regarding disability which might have arisen after birth but outside of the employment sphere.

3. The absence of statutory rights leads to the practice of discretionary social security awards.
Individuals have no access to open and published public information regarding either the levels of allowances payable nor, indeed, of the basis for their calculation. This also leads to a situation whereby affected persons are unable to question or challenge a decision.

4. Social Security, Social Assistance and Social Advantage: Gibraltar as a small EU territory may perceive particular problems with the provision of statutory rights in the field of disability: namely the impact of Regulations 1408/71 and 1612/68 (with particular reference to Article 7 (2) of same regarding social advantage). The implication under EC law of contributory and non-contributory schemes of financial relief, European Court of Justice jurisprudence (Frilli v Belgium (case 1/72) is the first of a series in which a “double function” test has been applied to distinguish “social security” from “social assistance”) as well as the impact of ECJ case-law regarding non-nationality discrimination and consequent rights to “social advantage” implicit in both the EC Treaty and secondary legislation lead to a confusing situation for all concerned and may, to some degree, explain the absence of statutory Gibraltar means to providing the necessary framework guiding the rights of the disabled in Gibraltar. Clearly, this situation is not a happy one and needs to be addressed within the context of Gibraltar’s small territory status and the framework of freedom of movement and the internal market implicit in primary and secondary EC law.

5. Practical everyday realities of the disabled in Gibraltar:

• Child Development Centre – Children under pre-school age are segregated as they are not offered places in Government-run mainstream nurseries, thus creating a situation of isolation from the earliest years of a disabled person’s life.
• St Martin’s School – A school for those children deemed by a Government Assessment Panel to be unable to attend mainstream schooling. The Panel does not allow parental involvement and, once a decision has been reached, there is no right of appeal.
• St Bernadette’s Occupational Therapy Centre: a centre run by the Social Services Department. The Centre is run along school hours, opening at 9am and closing at 4pm, being also closed during school holidays. This means that trainees have no service available during Easter, Christmas and for nearly two months in the Summer. Trainees with profound disabilities are provided a small service during Summer from 9am to 12pm. The Centre will not provide a service to those disabled persons it feels are “disruptive”. There is no other form of help offered within the community to the family of that person. Additionally, the Centre provides for those persons who, having attended mainstream school, are unable to find suitable training schemes or employment. There has been no history of occupational therapy provision within this Centre.
• Dr Giraldi Home: This is a residential facility consisting of two flats with several bedrooms in each flat. At the time of writing the flats are full and new residents are having to live in a respite unit provided to cater for the needs of families of the disabled needing a rest from the continuous care they provide.
• Respite Service: A total of 800 hours of respite service per month are budgeted by the Gibraltar Government in order to provide a service which allows the occasional break from constant care of the disabled which being a carer means. This service was not provided from December 2004 to April 2005 and then again from June 2005 to January 2006 following administrative problems related to the fact that the majority of staff work on a supply basis only.
• Objective official inspection of Government services for the disabled: The Disability Society in Gibraltar has called for independent inspectors from the UK to do regular annual visits as there have never been any inspection of these services by any official body in order to assess the conditions and practices employed within them. Government has not acceded to this request to date.
• Residential Care: The general rule is that as long as one parent still survives, residential care is not provided, although discretion is exercised in exceptional circumstances. With increasing life expectancy of both the disabled and the able-bodied, this places a sometimes unbearable strain on elderly parents and adds to the suffering of the disabled.
• Limited community-based support: The Government of Gibraltar provides the Disability Society with an annual grant to provide a Home Help scheme. It is the only help for the disabled which is provided to enable the disabled to remain within the wider community.
• Provision of equipment: Social Services Department will pay for the majority of needs in this area so long as the equipment is recommended by therapists. If a person becomes disabled or has a disabled child AND lives in Government accommodation, the expense of adaptations to the premises will be met by Government. However, if the person or family resides in private accommodation, the expense of adaptations will have to be met by the individual.
• Educational grants: whilst statistical information is unavailable to us, the Disability Society knows only of one case of a disabled person being granted an educational grant to attend University. Whilst, clearly, this situation may reflect the fact that hardly any disabled person applies for such grants, it is equally clear that both the overall provision of educational opportunities for the disabled as well as the lack of statutory encouragement regarding their quality of life expectations may lead to the low take-up rate which the situation reflects.
• Carer Support: There is no scheme giving either recognition or financial assistance to carers of the disabled who, very often, give up employment and pension rights later in life as a direct result of commitment to their loved one.

B: Sexual minorities

In the United Kingdom, homosexuality was decriminalised via the Sexual Offences Act 1967. Gibraltar decriminalised consenting sexual relations between men over the age of 18 through a 1993 amendment to the Criminal Offences Ordinance. It was not until the launch of GGR (originally “Gib Gay Rights”) in September 2000 that issues affecting same-sex couples began to be discussed publicly with a lively and open campaign which, over the past 6 years or so, has not ceased to air the issues involved: full participatory and open citizenship of sexual minorities in Gibraltar. GGR has been an exponent of rights based on equality of opportunity whether based on a contributory basis via taxation, social insurance or non-contributory schemes (to include but not be limited to pension rights for same-sex couples, equal access to Government housing, and official recognition and status for same-sex partnerships with all the rights which devolve therein). The Government of Gibraltar has expressed no interest in pursuing meaningful dialogue on these matters and has made it obvious and clear that it will not further progress on such issues proactively unless and until obliged by legal obligations in this field. Amongst such measures we take account of the Equal Opportunities Ordinance 2003 which, amongst other Directives, implemented the Framework Employment Directive. To date the situation stands as follows:

1. Equal Opportunities Commission: Reference Council Directive 2000/43/EC of 29 June 2000 – the “Race Directive”.

Further to Chapter III, Article 13 of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Official Journal L 180 , 19/07/2000 P. 0022 – 0026) and requiring the unequivocal designation of “a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin” ; and s.54 (1) (a) of Gibraltar’s Equal Opportunities Ordinance 2004 in which it states that the Government of Gibraltar may make Regulations for the “establishment of an equal opportunities commission…if any, in Gibraltar” In view of the clear requirement of the above Directive for Member States to “designate a body or bodies for the promotion of equal treatment of all persons without discrimination”, and the failure on the part of the Gibraltar Government to date to establish such a body or bodies in addition to the uncertain nature of the Government of Gibraltar’s intentions in this respect given the wording of s.54 (1) (a) of the Gibraltar Ordinance which speaks in terms which leave clear the possibility that (in the absence of no positive mention to the contrary within the Gibraltar statute) that no such body whether termed an equal opportunities commission or otherwise may in fact be established by Gibraltar contrary to the requirements of the Directive , then it is our view that the Commission has a duty to pursue this matter directly with the UK Government in order to require that said statutory body be given effect without further delay in accordance with EC law.

When pressed on the question of Gibraltar’s transposition of EC Directives under the title of “Non implementation of EU Directives”, paragraph 61 of the UK Parliament’s Select Committee on Foreign Affairs Fourth Report, the Committee comments that “the Gibraltarian Government told us that the "reality of the matter is that Gibraltar's EU directives transposition record is now very good." It is a matter of judgment as to whether the delay in the establishment of the statutory body designated by Directive 2000/43/EC falls within this view or not.

2. Age of Consent legislation in Gibraltar

Further to the case of L & V v Austria (Applications nos. 39392/98 and 39829/98) 9 January 2003, ECHR, Strasbourg and Parliamentary question/answer E-3319/05EN given by Commissioner Frattini on behalf of the Commission (7.11.2005). Given the acknowledged limitations in the current position of the Commission regarding the elimination of inequalities reference the homosexual age of consent, it is our submission that the Commissioner pursue these inequalities within Member States where they exist utilising the framework relationship between the European Union and its recognition of the fundamental nature of the values of the European Convention of Human Rights as expressed in European Court of Justice jurisprudence.

In illustration of this, the Preamble to the Single European Act 1986 makes explicit the concern for protection of human rights within the Community. Article 6 of the Treaty on European Union 1997 (Treaty of Amsterdam) stipulates that:

“The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.”

In 1969 the European Court of Justice turned its attention to the status of fundamental rights in Stauder v City of Ulm (1969) finding that it had a duty to protect the rights of individuals as provided for by the constitution of the Member State, and that such provisions formed part of the general principles of Community law. This relationship was further clarified in Internationale Handelsgesellschaft mbH v EVST (1970) where Community law is held to be supreme and without further reference over even national Constitutional provisions. The ECJ made a clear pronouncement that respect for fundamental rights “forms an integral part of the general principles of law protected by the Court of Justice.

The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structures and objectives of the Community.”

This thinking was extended in Nold v Commission (1974) wherein the ECJ ruled that constitutional rights protected under Member States’ constitutions must be respected, whilst also emphasising that “international treaties for the protection of human rights [can] supply guidelines which should be followed within the framework of Community law.” Not only has the ECJ acknowledged the European Convention on Human Rights as an aid to the interpretation of Community law, but also International Labour Organisation Treaties, the Council of Europe’s European Social Charter, and the International Covenants on Civil, Political, Economic, Social and Cultural Rights. Academics disagree as to whether this signifies that the ECHR is binding on the law of the EC. Whilst HG Schermers has argued that the EC is bound by the ECHR2, A. Dremeczewski has argued that the Convention does not bind the EC.3 Notwithstanding the precise nature of the relationship between the Community and the ECHR, it has become increasingly clear that the ECJ is committed to the protection of rights. What remains, as yet, unclear is the breadth of protection that the ECJ may consider to be fundamental. Nonetheless, whilst in Opinion No. 2/94 [1996] ECR I-1759, the Court made clear its view that direct accession to the ECHR on the part of the Community could only be accomplished through amendment of the EC Treaty, the reality is that through its proposal for a European Constitution, the member States of the Union clearly considered direct incorporation of the ECHR into Community law a necessity. This provides explicit evidence of the strength of feeling on this issue within the Union. Chapter I, Sections 1-17 of the Gibraltar Constitution 1969 lay out provisions for the protection of “Fundamental Rights and Freedoms of the Individual” but reflecting as it does, the state of play of the ECHR in 1969, it makes no express provision for recognition of 2 See Schermers HG, Judicial Protection in the European Community, 4th edn. 1987, Dordrecht: Kluwer and Schermers, HG, The European Community bound by fundamental human rights (1990) 27 CML Rev 249 3 See Dremczewski, A., “The domestic application of the European Human Rights Convention as European Community law’ (1981) 30 ICLQ 118 protection against discrimination on the basis of sexual orientation. It is currently proposed by the Gibraltar House of Assembly that the Gibraltar Constitution 1969 be reformed and revised and a public consultation process was undertaken in February 2001 at which GGR Chairman Felix Alvarez made the case for protection against discrimination on the basis of sexual orientation in any new Gibraltar Constitution. The Report of the Select Committee on Constitutional Reform which was published on 23rd January 2002 did not include any such provision. It is clear that the Government of Gibraltar refuses to provide the level of human rights protection to its homosexual citizens which Article 13, EC makes obligatory upon member States and action upon which, we submit, is incumbent upon the institutions of the EU. This organisation has made its views known to the British Government (via the Secretary of State for the Foreign & Commonwealth Office) regarding the exclusion of homosexual citizens from the protections of any new negotiated Gibraltar Constitution. Negotiations have been on-going between members of the British Government and Gibraltar representatives and, according to press reports, progress is imminently expected to be announced.

C: British EU citizens’ rights

Attached under Appendix I are copies of an application to be included on the Housing List in Gibraltar made by British established resident X (specific reference of name reserved herein). Additionally, you will find the response to this application by the Housing Department which clearly stipulates that for X to be included on said List, X must either obtain (1) Gibraltarian status or (2) permanent residency status. GIBRALTARIAN STATUS Section 9 (f) of the Gibraltarian Status Ordinance 1962* requires, amongst other possible conditions, that a person applying to be registered within the terms of the Ordinance, must have been “resident in Gibraltar for periods amounting to not less than twenty five years in the aggregate”. X does not qualify under these terms. X therefore applied for permanent residence status.

PERMANENT RESIDENCE STATUS

As per Section 4 (b) of the Housing Allocation Scheme (Revised) 1994 (see Appendix II) a means for qualifying to be placed on the housing list is to have been awarded “permanent residence”. As is clearly confirmed in the Deputy Governor’s letter dated 6 February 2006 Section 3, a later addition to the Immigration Control Ordinance ∗∗ disapplies provisions for permanent residence status. In effect, the option to qualify for permanent residence status is no longer available. The eligibility criteria under the Housing Allocation Scheme (cited) are therefore impossible to meet for EEA nationals.

Under Regulation 1612/68, Art. 9 (2) EC law provides that member State citizens established or otherwise resident in a host member State shall have the same right to place their name on housing lists of that host State and shall, additionally, have the same right to enjoy any resulting benefits and priorities.

* Full text may be downloaded from http://www.gibraltarlaws.gov.gi/
**Full text may be downloaded from http://www.gibraltarlaws.gov.gi/ (enter “immigration” in the “keyword of title”section to find the item For the European Community, the fundamental requirements of freedom of movement and derivative rights are enshrined not only within provisions of the EC Treaty but within secondary legislation addressing the specific needs which emanate therefrom. X’s circumstances illustrate a deficient situation whereby a British EU citizen in Gibraltar is hindered institutionally from accessing provisions of EC law regarding entitlements to enter local Housing Lists.

D: EU social funding and structural inequality: flying before we can walk

The EU Social Agenda is central to the development of the idea of Europe; central indeed to the internal market and the cohesion which the European project represents. Just as central and continually reiterated officially is the desire to encourage all social agents throughout the Union to participate in the realisation of the goals of that Agenda. It follows, therefore, that the means employed to achieve those ends must, themselves, be such as to in no way contribute to the opposite effect: marginalisation, intolerance and discrimination.
As an NGO in a very small territory such as Gibraltar, we have come to the conclusion that the EU’s Social Funds are unintentionally structured in such a way as to make it practically impossible for organisations in a small territory such as Gibraltar to be able to have access to what is intended to be a means of support for civil society’s work in building the Social Agenda. It is, in our view, a necessity, therefore that the structures provided for social funding by the EU should accommodate the specific needs of organisations such as Equality Rights group GGR and others in Gibraltar whilst maintaining the large Nation State, trans-European network focus which is so relevant for the majority of EU territories but which becomes a factor of restriction and marginalisation for those of us in tiny EU territories and which, in one sense, could be seen as representing a form of “structural inequality.”

In specific terms, Equality Rights group GGR (an equality and human rights organisation) actively works to promote European values of tolerance, integration and social cohesion and in that task we look towards advancement within the Union. Given the political history of Gibraltar, there is much scepticism regarding the EU. Working for advancement in a tiny European community, however, means that GGR is faced with specific problems of funding access. In particular:

1. EU Social funding administrative requirements a priori make application if not impossible then, as a minimum, extremely difficult: programme requirements mean that demands for previous and demonstrable financial viability, annual and audited accounts, in addition to a possible requirement for a bank guarantee against funding contract (financial institutions are highly reluctant to provide such guarantees without cash or assets as a backing!) defeat the object of assisting organisations such as our own in promoting the objectives of the Social Agenda and only add to the already existing scepticism regarding a) the sincerity of the Union in regard to truly advancing integration and b) the sincerity of the Union regarding Gibraltar’s inclusion in the wider European framework.

2. Measures combating and preventing discrimination: 04 04 04

We make reference to this particular budget line as a prime example of how even “model” attempts to address issues of this nature, in themselves and unintentionally, preclude small territory NGOs such as GGR from participating. Without a doubt the terms of reference of this particular budget line fit closely the work that GGR and other Gibraltarian NGOs undertake.
Nonetheless, there are realities of small European communities such as Gibraltar which appear to be unacknowledged in the terms of even this “anti discrimination” budget line. The fact that the NGOs concerned proceed from a tiny community means that there is likewise a tiny possibility, consequently, of raising a sufficient subscription base to reach the most minimal of function levels. Invariably in situations where States have policies which are not friendly to social agenda objectives and thus allocate no or miminal resources to funding such NGOs, the limitations are multiplied. The basis of 04 04 04 is, substantially, to provide analysis and data.
Gibraltar’s NGOs have to cope with the day-to-day problems of dealing with immediate situations. It is here that funding is required to provide office facilities, to provide meeting rooms, to provide a place from which training and seminars may take place. Given this scenario of the reality, it is also clear that the core objective of fostering transnational networks of cooperation is not something that is feasible for NGOs of this type.

Such programmes cannot fly before they can even walk and it is this that funding requirements often ask of them! In effect, the feeling of scepticism regarding the EU’s treatment of Gibraltar’s citizens is compounded when discussion of this Union “Catch 22” situation is raised. We are working against this tide but are looking for resolution. We look to the EU for support in continuing our promotion of the Social Agenda and it is for this reason that we believe that the framework and structure of social funding programmes in respect of Gibraltar and any other small European territory need to be adapted or extended in order to address the specific conditions they present. Gibraltar as a Union constituency needs NGOs such as GGR to work in the promotion of European integration and encouraging tolerance and non-discrimination in line with basic EC Treaty and Social Fund objectives. A society that is poor in civil society participation starves oxygen from the democratic fibre and prevents the establishment from within of an independent citizenship able to reinforce in real terms the values represented by the European Union. To this end we ask that funding structures be reviewed.

Recommendations

1. Following the judgment in Matthews v The United Kingdom (24833/94 of 18 February 1999) and consequent upon Article 227 (4) EC, it is clear that for EU purposes the constituency of Gibraltar is a direct responsibility of the United Kingdom. This responsibility should, in our view, attach to the UK’s reporting and consulting obligations. Consequently, National Action Plans submitted by the United Kingdom for information and planning purposes at EU level should not fail to include information on the status of the subject matter as it relates to Gibraltar. To date, we have seen no UK National Action Plan which has transmitted the state of play regarding planning in respect of Gibraltar. It is our recommendation that the EU should require the United Kingdom to ensure inclusion of Gibraltar in all its reporting obligations for the purpose of advising and informing the institutions of the EU in order for the specific conditions and needs of Gibraltar EU citizens to be taken into account. Without such inclusion and in view of the Government of Gibraltar not being held directly responsible for so advising the EU and its institutions, there will continue to be an absence of advice to the EU on these matters. This is particularly of note on issues of international human and social rights standards as applicable to Gibraltar.

2. The rights of persons with reduced mobility and disabled when travelling by air and the recent adoption of COM (2005) 0047 – C6-0045/2005-2005/0007(COD) excluding via Amendment 74 these provisions for the disabled in Gibraltar. It is to be hoped that recent undertakings by Commissioner Frattini for the Commission to review the direct applicability of this Regulation to Gibraltar will be given top priority in consideration of this report and that failure to do so will not prove to be a further source of discrimination for Gibraltar’s disabled citizens.

3. Article 13 EC provides ample and substantial powers on the part of EC institutions for the combating of discrimination on the basis of sexual orientation, among others. Within the framework of the ECJ’s respect for the fundamental rights enshrined within the ECHR, the obvious importance attached to such rights by member States as evidenced within the framework of a proposed Constitution for Europe, and as a matter of compliance with the judgment represented by the case of L & V v Austria, decisive action should be taken to put an end to the inequalties represented by Gibraltar’s legislation in regard to the sexual age of consent.

4. In view of current negotiations between the UK Government and the Government of Gibraltar regarding the reform of the Gibraltar Constitution 1969 and the possibility of imminent agreements between the parties on this matter, the EU should exert whatever influence may be necessary to ensure that any new Gibraltar Constitution should once and for all address the necessary inclusion of sexual orientation as a protected non-discrimination category.

5. The status in Gibraltar vis-à-vis British and other established or resident EU citizens should be reviewed and assessed with regard to any implication for freedom of movement and derivative rights (such as inclusion on local housing lists). Such a review should take account of local procedures to ensure they do not impose unreasonable and unnecessary obstacles to the clear exercise of EU citizens’ rights.

6. The Social Agenda is fundamental to the prime objectives of the European Union. It is vital, therefore, that social funding to promote the Agenda be in place as a tool towards this end. That tool, however, must be a faithful reflection of the elements crucial to such an aim: if civil society is unsupported in its work to promote the Social Agenda the programme is, perhaps, failing at that point. Trans-European networks across EU States is a proper focus – yet non-accommodation of tiny territories such as Gibraltar means that those of us working in favour of the EU’s objectives are marginalized and are unable to access otherwise available assistance. This situation needs to be reassessed and flexible measures brought in to ensure that organisations such as Equality Rights group GGR can walk before they are asked to fly – EU assistance in core funding is vital!

Our EU Report goes public!

2006-05-17T08:56:00.000+01:00

Equality Rights group GGR has today made public a report (below) developed upon the request of the European Commission and entitled “Rights in Gibraltar.”

Chairman Felix Alvarez stated that “The Report was submitted in February and sufficient time has now elapsed for us to consider our confidentiality duty fulfilled as it is only right that the Gibraltar public should have access to the document. In contrast, we understand that Government has now developed proposals for a Disability Ordinance. We challenge Mr Caruana to publish the draft proposal in order to stimulate public discussion and participation in an issue which, no doubt, this community feels strongly about. It is the kind of thing that Governments with a genuine belief in transparency do all the time and we urge Mr Caruana to demonstrate his credentials by establishing a similar tradition here in Gibraltar.”

“GGR's “Rights in Gibraltar” report deals with four issues – three of which are of general public interest: disability, British residents’ rights, and sexual minorities. Several recommendations contained in the Report will be of some interest – in particular, the recommendation that the UK Government should be required to include Gibraltar in all its reporting duties to the EU. This will avoid the current information vacuum which currently exists in Brussels regarding Gibraltar,” Mr Alvarez added.

“Whilst the UK periodically submits national reports on EU-related issues to the Commission, nowhere do Gibraltar issues figure in those documents. As I recently found when talking to EU Commissioners, this means that the EC is kept pretty much in the dark with respect to the way issues affect the Rock. This explains why I was requested to develop the Report which we are today making available.”

Mr Alvarez further comments that “There is little doubt in our minds that movement on the Disability Ordinance as well as progress which is currently being achieved on the sexual Age of Consent issue are direct results of this Report, though we very much doubt Government will want to acknowledge the fact. In the Study’s own words and on the latter issue, barely one month after the GGR report, the Commission ordered a specific legal Study “regarding the maintenance, in the legislation of Gibraltar, of discrimination on the basis of sexual orientation [and] Such a provision is in clear violation of the European Convention on Human Rights.” The Study is clearly acknowledged to be prompted by the Gibraltar situation on the matter. The document highlights the juridical situation at European level, whilst placing Gibraltar within this context and providing proof positive of the level of concern Europe feels over Mr Caruana’s continuing neglect of sexual minorities’ rights in Gibraltar.”

Government owes Gibraltar an explanation!

2006-05-03T11:12:00.000+01:00

Felix Alvarez, Chairman of Equality Rights group GGR, has today expressed concern regarding information that Ocean Village Investments Ltd is said to be purchasing Marina Bay Complex Ltd, thus taking control over the two existing marinas in the area in order to create a super-complex.

“Whilst we clearly welcome moves for the economic development of Gibraltar, we have to question the processes which are currently at work on this and other developments on the Rock. We have to wonder where this is all leaving the ordinary Gibraltarian, as decisions appear to be be made with what appears to be little or no prior warning or information to the public. This is contrary to the rightful expectation that the public should be able to consider plans on the part of either Government or large private concerns on matters which touch on policies and actions which may affect the present and future well-being of this community,” Mr Alvarez stated. "We also wonder on what principle of equality it is that the most desirable building sites in Gibraltar are being swallowed up by expensive construction projects whilst sidelining ordinary Gibraltarians to the less desirable plots around the Rock!"

“Additionally, it is a duty of Government to ensure that we have properly and impartially-constituted development and planning bodies which provide opportunities for members of the public to not only obtain information on planned developments with sufficient notice so as to make their scrutiny effective, but also for citizens to present objections or suggestions within the remit of the process. As things stand today, we are not confident that Government is living up to these requirements, though we welcome their addressing these issues publicly if they feel our opinion requires rectification. Government owes Gibraltar an explanation for all of this and furthermore,” Mr Alvarez continues, “the fact that large private concerns should, in effect, be able to swallow up other concerns without the opportunity for public intervention, scrutiny or control so as to create what, for Gibraltar, verges on superownership raises important questions regarding what the future holds for Gibraltar both as a country and as a people,” Mr Alvarez ends.

Public Commission should review Police laws!

2006-04-24T16:16:00.000+01:00

In a press release today, Equality Rights group GGR has called on the new Commissioner of Police to “balance courage with caution in plans for modernisation of the RGP and in proposals for new legislation.”

“We have been publicly urging for the introduction of legislation to protect children from sexual abuse, and welcome the Commissioner’s recent statements along similar lines. The police must have the powers to intervene in cases of suspected abuse and our current deficit helps neither the victims nor the police,” the group says.

“We appreciate the Commissioner’s desire to introduce new laws to protect officers from malicious complaints and we fully agree that Justice must be applicable to any citizen, whether police officer or member of the public. A prudent approach, however, is required since justice must not only be done, it must also be seen to be done. It is therefore advisable to ensure that the police’s role in the community is impeccably established in terms of impartiality and accountability. It is for this reason we have recently called for the introduction of legislation similar to the UK’s Police and Criminal Evidence Act 1998 (PACE) and various later amendments, which set out not only the scope of police powers but also the clear procedures that police themselves must adopt in order to ensure fair police processes and safeguards and, in this way, to provide a legitimate basis for public confidence whilst protecting police officers themselves from unfair criticism.

It is therefore, in our view, of paramount importance that the widening of any police powers is done as part of an open, public review. As the Commissioner will appreciate, in such matters, you must carry the community with you, and not just impose change from the top down. We therefore urge Commissioner Wink to press for any proposals to be subject to a specific public Commission which will exclusively study the scope of any changes to police powers and which will admit wide public consultation. This is essential in order to carry the moral and democratic legitimacy required to win public confidence in matters of this sort. In a truly impartial system of justice, noone can be a judge in his own cause and so, therefore, a vital part of any package of change regarding police powers must include and be based on the establishment of a truly independent Police Complaints Commission where it is non-police members who determine the results of complaints investigations.”

“Policing is a difficult and demanding job and the men and women of the Force need our fullest support. The best way to achieve this is by balancing the rights of the Police in the prosecution of their duties with those of the ordinary citizen and his liberties in a democratic society. This can be achieved through open public consultation on the issues in order to create a reality of openness and accountability so that the confidence of the public can be relied on to provide legitimacy to the Force's powers and actions,” the statement ended.

Usual State Sovereignty red herring!

2006-03-18T13:12:00.000Z

Equality Rights group GGR has reacted to news coming out of the last Constitutional Reform negotiation meetings in London last week by saying the outcome “comes as no surprise whatsoever since everything stays exactly as it was before! In other countries a new Constitution is an occasion for inspiration and a fresh start for the ordinary citizen. Here in Gibraltar the new Constitution was always to be just more of the same. This comes as no surprise as there was never much appetite for self-determination provisions right from the start. For that to have happened, Gibraltar needed to be coherent on that score - it would have had to recognise that self-determination is built on self-determination for the individual and not just rights for the machinery of the State. In that respect the proposed Constitution text was and is the usual State Sovereignty red herring. In effect, the talks have vindicated what GGR has said all along: the new Constitution was and is gravely deficient and it should now be roundly rejected by Gibraltarians because it provides no self-determination at any meaningful constitutional level. And it certainly provides no new non-colonial status!”

Chairman Felix Alvarez explained the organisation’s views saying “Mr Caruana has negotiated the unnegotiable and in so doing he has made sure we remain at exactly the same historical standstill as before: nothing has changed! Whilst we fully support working towards a better European future along with the UK, Spain and the rest of EU States, this can only happen on the basis of internal as well as external change on many fronts. In the first instance, you cannot build a new Gibraltar based on old injustices and the proposed text was always short-sighted and exclusively concerned with the idea of State Sovereignty. It failed to address fundamental issues of Gibraltarian democracy by committing exactly the same mistake as in 1969: that is, by viewing the Constitution as only a State Sovereignty text and not what all Constitutions really are: a basic higher law laying down the democratic principles which govern the quality of life and freedom of all citizens. This preoccupation with seeing only one part of the total picture in great measure contributes to the social state of affairs we find ourselves in currently on the Rock. State Sovereignty can only be one of several important parallel tracks that Gibraltar politics must be concerned with and cannot be used to justify abandonment or backwardness with regard to other areas of concern to Gibraltarians. The same argument applies in reverse – we cannot be so concerned about social issues that we abandon the important issue of State Sovereignty!”

Furthermore, Alvarez added that “it was always apparent to us and we made our views clear from the start that there could be no self-determination or indeed any reform where the self-determination of individuals was ignored in favour of the self-determination of the State. Fifty years ago it might have been possible to put the State before the citizen, but today that is no longer a feasible way to look at things since the life of the individual determines the life of the entity we call the State. What Gibraltar needs is a fundamental, principled Constitutional text which not only deals with the self-determination of the State in all its aspects (and not just the limited aspects reflected in the proposed new text) but one in which the State’s rights are built on the solid foundation of modern democracy - something which the new text bypasses. GGR has opposed acceptance of these inadequate proposals from day one and we continue opposing them now the outcome is known. We will continue to work for a modern Gibraltar with or without a new Constitution so that we can have the kind of open 21st Century European democracy we deserve on the Rock and not a status dictated by the terms of a 300 year old legally questionable Treaty between undemocratic Monarchs.”

GGR & Disability Movement accuse Chief Minister

2006-03-11T21:20:00.000Z

In a joint press statement today, the Gibraltar Local Disability Movement (GLDM) and Equality Rights group GGR have accused the Chief Minister of “playing politics with the disabled.”

Gordon Nelson, Spokesperson for the GLDM explained that following a letter written by his organisation to Lord Williamson of Horton, the Convenor of the Crossbench Peers in the House of Lords, a letter from Douglas Alexander, UK Minister for Europe, has been passed on which reveals something which is no secret to anybody: that the tripartite talks have the airport deal as an important agenda item. “This being the case,” Mr Nelson goes on to add, “it is of significance that the Chief Minister, as a participant in those talks, should not have insisted that the exclusion of disabled passengers from the EU Regulation affecting their rights should not have followed the now almost routine process of excluding Gibraltar precisely because this Regulation is concerned with the very human and non-political issue of the disabled. There can be little doubt that a forceful moral argument along these lines by Mr Caruana, had he troubled himself, would have found support not only amongst Gibraltarians but also possibly amongst ordinary British and Spanish citizens!”

GGR Chairman Felix Alvarez added that “The Minister for Europe’s letter is all the more damning because Mr Alexander says this exclusion of the disabled in Gibraltar allowed “EU business to proceed without prejudicing any party’s position on sovereignty” as if the disabled are some kind of inconvenience and politics a mere set of blinkers which prevents us from seeing that the prejudice being visited is not upon the institutions but upon the disabled whose rights should humanly come above the procedural political business of the day!”

“In sharp contrast to the Chief Minister’s inaction on this matter in defence of Gibraltar’s disabled,” Mr Alvarez continued, “it is good to see two recent developments: an initiative to set up a website for disabled tourists coming to Gibraltar, and also another one, which comes as a result of representations by MEPs Graham Watson, Glyn Ford and Neil Parish (but certainly not as a result of any representation by Mr Caruana or his Government) concerning the fact that GB Airways have now given formal written assurances that despite the EU exclusion they will nonetheless operate the same rights to the disabled travelling to and from Gibraltar as are now being enjoyed throughout the EU. GGR and GLDM wish to jointly convey our gratitude for this decision. However, should any disabled passengers experience any difficulties in this respect they should contact either of our organisations.”

"We need new Police law," says GGR

2006-03-08T11:40:00.000Z

Equality Rights group GGR has welcomed news that a total of 8 police cars and vans will have CCTV cameras installed as part of measures to provide protection both for police officers and the public.

“We are certain that Police will be the first to applaud such measures since they offer a means to providing proof of conduct before the Courts the absence of which otherwise causes problems for them. Similarly, the vigilance of the cameras provides extra safeguards for individuals and we, as an organisation, welcome the cameras for both these reasons since we believe in the role of both the police and the citizen in this society.”

“However, Government needs to give serious consideration now to the introduction of legislation along the UK lines of the Police and Criminal Evidence Act 1998 (PACE). That Act in particular provides safeguards in the processing of individuals whilst in police custody. Similarly, by defining precisely the steps to be taken, it provides safeguards for police officers before the law. In Gibraltar we still have no such legislation, and local practice follows limited guidelines known as the Judges’ Rules.”

“Without a doubt, a lack of legislation along these lines in Gibraltar is the single most glaring example of our being behind the times with respect to applicable professional standards on issues touching on the interaction of the law with the individual citizen. GGR strongly urges all stakeholder professionals and interested civil society to press for this legislative step to be taken sooner rather than later.”

Run-down of Govt elderly provisions

2006-03-07T08:19:00.000Z

Equality Rights group GGR has attacked what it says is “the increasingly evident running down of our social services by Government and the suffering this is causing to our elderly,” according to a press release issued today.

“Of late, we have witnessed a spate of lonely deaths on the part of our elderly citizens in their own homes. This is not only sad it is a horrific illustration of just how unattended some of our older people are and feel – both by ourselves as neighbours as well as by Government. Social Services are increasingly under pressure to provide adequately for our senior citizens, some of whom are housebound and without relatives to attend to them. The Minister for Social Services is in our view failing in safeguarding the needs of such vulnerable individuals in our society. It is, indeed, our view that Government is failing the needs of our community by not providing sufficient resources and budgeting to cover the requirements of a civilized modern European society such as Gibraltar needs to be,” Chairman Felix Alvarez stated.

“Gibraltar has fallen far behind in social rights despite the many NGOs asking for Mr Caruana to listen to their needs. Yet we should not be too surprised if, in the run-up to the next Elections, Government now sets out to convince us of their supposed “interest” in social issues by announcing hollow public meetings and bureaucratic consultation exercises when throughout the past 10 years or so the reality is that Government has allowed our social rights and services to be run down in terms of quality and quantity. Any such move by Government will be exposed by GGR for what it is: a desperate attempt to look good before asking for our votes when Government have refused to listen to the affected community throughout their years of executive responsibility.”

“GGR adds its voice to the many valid criticisms and observations made recently by the St John’s Ambulance organisation with respect to the elderly and trusts that action will be taken without pause or delay to stop the current sad trend of solitary deaths by elderly people in their own homes.”

GGR supports trade union moves

2006-03-03T11:03:00.000Z

Following recent Nursing Section hunger strike action headed by TGWU member Michael Netto in response to a Gibraltar Health Authority (GHA) letter, Equality Rights group GGR Chairman Felix Alvarez has expressed concern regarding the attitude and manner of the GHA in their reaction to Michael Netto in his trade union role.

Mr Alvarez stated that “for the GHA to talk of the ‘unbelievable allegation that the GHA is trying to curtail his [Mr Netto’s] freedom of expression’ and accompany this with descriptions of Mr Netto’s media interviews as “frequent rants” as well as attacking his decision to undertake a hunger strike (a well established and non-violent means of democratic protest) does little, in our view, to elicit support for the GHA’s response to a perfectly democratic action in exercise of trade union and citizenship rights.”

“Furthermore,” says Mr Alvarez, “there are two statements made by the GHA which are of grave concern: in the first place the suggestion by the GHA in their statement that there has been any sort of collusion by unnamed “sources close to the Trade Union” which have been passing on information as to internal Union affairs and in particular regarding Mr Netto’s trade union role; and in the second place, the allegation that Mr Netto ‘was trying to manufacture an industrial dispute in the GHA.’ The first of these points must be openly proven by the GHA as otherwise, it is fair comment in our view to say that the public might consider this allegation in itself to be pure manufacture. The second point seems to ignore the fact that if Mr Netto persuades any of his Union members to follow him in action this must surely have something to do with the convincing nature of his critique – or does the GHA suggest his members are incapable of thinking for themselves?”

“Meaning is extracted not just from the surface picture that words may convey but also from the context in which it is generated. Having read the original letter, I am not of the opinion that the GHA’s claim that any reasonable person acting in good faith would inevitably have given said letter the interpretation which the GHA defends and not, perhaps, have had doubts along the lines of Mr Netto’s concerns.”

It is clear that, in our view, the GHA’s condescending and unsolicited advice to Mr Netto that he ‘would do well to work towards’ the GHA’s goals wishes to ignore two important factors: Mr Netto as a trade unionist has no responsibility to work towards the GHA’s goals but, instead, has a clear responsibility to defend the interests of his Union members none of whom is beholden to any decisions made by Dr McCutcheon or Government except insofar as they may affect contractual employment obligations within the purview of democratic trade union activity. Statements on the part of the GHA describing Mr Netto’s declarations as ‘outrageous’ do little to convince the public of the merits of their case and, instead, may tend to persuade citizens who believe in freedom of expression and democracy to consider, rightly or wrongly, that Government, prior to the next elections, may itself be fabricating situations through various means to present a cosmetically attractive and strong image to the electorate especially following their failure at the latest round of tripartite talks to deliver the much promised progress.”

“In this regard and given the fact that during the period of the GSD Government, Gibraltar has fallen so far behind in social rights despite the many NGOs asking for Mr Caruana to listen to their needs, we should not be surprised if, in the run-up to the next Elections, Government sets up cosmetic consultation exercises and public meetings aimed at the Gallery to present themselves as “interested” in knowing about all those social rights issues they have during the course of all their terms of office refused to listen to or consult on. And all with one objective: to desperately look good before asking for our votes.”

Alvarez ended by saying that “Mr Netto and trade unionists in Gibraltar have my fullest support in the exercise of their rights as workers. Whilst they are more than capable of defending their own and the Union’s interests, I am more than willing to say that should they need to re-establish their hunger strike in defence of those rights I have no problem in undertaking that with them should I be asked and in defence of ordinary working people.”

Government will have to answer

2006-02-25T18:28:00.000Z

Equality Rights group GGR has brought its Sex Offenders Register campaign to a close, according to a press release today. In a months long campaign, the group has repeatedly called on Government to bring in measures, including a Sex Offenders Register along UK lines, in order to protect children from sex abuse.

“After our initial signature collection in the central town area, we continued our efforts in the housing estates as promised. After duly removing names of un-entitled signatories we have a total of around 3,200. This represents a good percentage of Gibraltar’s electorate and, in normal circumstances, we would have continued the Petition exercise until a considerable further number of signatures had been obtained since it is clear that support for this campaign is wide and strong enough throughout Gibraltar to have made more signatures very possible. We would then have respectfully handed the Petition personally to the Chief Minister.”

“However, the deafness of this Government to citizens’ concerns does not represent ordinary circumstances. And though we hope and pray that no child should ever suffer in the future, if any cases of child sex abuse emerge in Gibraltar, Government and Mr Caruana specifically will have to answer morally for their total silence and lack of action on a matter which cries out for strong protection and no further delay. Too many months and too many years have already been lost in protecting our children against sex abusers! Government cannot claim they are unaware of the issues after GGR’s campaign. Government has been warned of exactly what is at risk here and have chosen not only not to react, but given the fact that they have been forewarned, they have actually opted to consciously do nothing and in our view their inaction reflects upon them. It is still not too late for Mr Caruana to save the day by announcing the establishment of a Sex Offenders Register in Gibraltar and supporting legislation now to protect our children, rather than later when it is time to cynically ask for citizens' votes!" the statement continued, adding that "Given Government’s interest in this matter, GGR as an Equality Rights group will be placing a 7p stamp on an envelope and sending Government the Petition by ordinary post so that the Chief Minister’s civil servants may bring it to his attention, thus reflecting a level of respect for the Chief Minister equal to that which he has lately been seen to provide ordinary citizens’ groups.”

GGR submits rights report to EU

2006-02-20T18:33:00.000Z

Equality Rights group GGR has thanked the Disability Society, the Disability Movement and community individuals for their helpful cooperation and assistance in putting together the relevant sections of a 5,000 word report entitled “Rights in Gibraltar” and submitted to the European Commission via Justice Commissioner Franco Frattini and Employment and Social Affairs Commissioner Vladimir Spidla.

“It was Commissioner Frattini who asked Chairman Felix Alvarez directly to develop the report during his recent visit to Brussels, and the final document deals in some depth and technical legal detail with four main areas of social rights as they affect Gibraltar: disability, sexual minorities, British EU residents and the role of NGOs.

“The recommendations of the Report are wide-ranging and address issues affecting the UK’s responsibilities to Gibraltar and the EU as well as others which GGR has taken a public stance upon and communicated previously through the media.”

Praise for "special role of MEP Graham Watson"

2006-02-14T16:55:00.000Z

Equality Rights group GGR made public today via the media copies of letters written by European parliamentarians to the heads of both GB Airways (franchisors of British Airways on the Rock) and Monarch Airlines requesting assurances that disabled passengers travelling to and from Gibraltar will receive exactly the same level of rights as in any other EU territory state.

“We want to take this opportunity to highlight the very special role that Lib-Dem MEP Graham Watson has played in all this. Not only was Mr Watson instrumental in ensuring GGR Chairman Felix Alvarez was able to meet with Commissioners Franco Frattini and Vladimir Spidla to bring the injustices of the recent EU air measure exclusion from Gibraltar to their attention, he has also been key in ensuring that the issues are followed through. First evidence of this is the sending of these letters.”

For his part, Chairman Felix Alvarez reiterated his gratitude for the “important role that Graham played in this scenario and, additionally, for the keen interest and personal support also received from MEPs Neil Parish (Conservative), Glyn Ford (Labour) and Michael Cashman (Labour). Together, and with Graham Watson’s coordination and follow-up, not only will these issues be followed through but also kept alive as they continue their pressure by planning for and presenting questions in both the European Parliament and at Westminster. It is with the help of MEPs of this calibre that we can work to bring Brussels closer to Gib!”

GGR calls for Judicial Review Fund

2006-02-08T20:25:00.000Z

Equality Rights group GGR is calling for the establishment of a Judicial Review Fund to be set up as an independent legal charity or trust, according to a press release today.

Chairman Felix Alvarez stated that “It is fundamental to democracy that Government be subject to the review of the Courts in order to avoid the possible abuse of administrative power. Individual citizens are often impotent to curtail Government’s powers in a situation where it costs them far too much money to afford the court case and where additionally, in case of failure to win their case, they face enormous costs to be paid to the other side – which in this situation is no less a party than Government itself! In the UK there are organisations with funds set up in order to help challenge key issues which have an important effect on the rights of citizens. Without that help it is doubtful whether very many important legal advances would actually have been made. In Gibraltar we have no such resource and this is to the detriment of our society and to our freedoms. We have recently seen in the Heritage Trust and South District Association’s cases that they had to withdraw from challenging Government due to precisely this problem. GGR is aware of other cases which also require justice but the issue of money gets in the way and so it is that, in a society with a Constitution and a belief in democratic values such as Gibraltar, individuals just have no option for justice. Government, ofcourse, is aware of the inability of individuals and organisations to take up their issues in the Courts and this reinforces its position. The upshot of all this is that the present system just isn’t good enough and both leads to a very real gap in our system of redress and encourages Government to proceed in the near certainty that it cannot be challenged! It is time we did something to balance this situation by ensuring that justice is available to all citizens – and in particular when challenging the might of Government,” Mr Alvarez said.

“I am therefore calling on all individuals, associations and representatives of legal firms interested in furthering human rights in Gibraltar who wish to take this matter forward to contact me on gibgayrights@yahoo.co.uk in order to start exploring together the establishment of an independent and properly administered fund via an objective, independent and impartial body.”

GGR accuses Government of pre-Election panic

2006-02-07T01:38:00.000Z

Commenting on the Chief Minister’s recent media statements regarding the Rosia Tanks campaign, Equality Rights group Chairman Felix Alvarez has said that “Whatever spin Mr Caruana may attempt to throw at the public on this matter, the facts speak for themselves: at no time during the past 10 years has Mr Caruana shown any real concern for providing housing for ordinary people. He has built only for the rich and the super rich! His only concern now is whether he stands any chance of being re-elected and for this he is willing to make the rest of us believe that it is ordinary citizens who are to blame for the lack of housing and not his own Government!”

“It is the easiest thing in the world for Government, with its significant financial, legal and media resources to turn around and blame a small group of individual Gibraltarians who have the strength of mind and character to stand up and demand transparency over a proposed building project of being selfish when it is, in fact, Mr Caruana and his Government who have for the past 10 years or so been selfish and politically self-interested by ignoring the needs of ordinary Gibraltarians for so long. Now they want us to swallow their story that their hastily drawn-up schemes will be affordable by ordinary Gibraltarians and that anyone who has the slightest question about them is almost an enemy of the people. It is clear this behaviour by Government has more to do with pre-election panic than a sincere and genuine interest in the needs of ordinary Gibraltarians. We very much regret that if Mr Caruana does not take the log out of his eye before telling others to remove their own speck of dust the people of Gibraltar will be more than happy to perform that task for him in the not too distant future! There is no hiding place for Mr Caruana on this issue: he has failed to deliver housing for Gibraltarians and is now trying every trick in the book to convince us to the contrary before asking for our votes!”

EU to consider Gib's unequal age of consent

2006-02-01T10:23:00.000Z

The European Union is concerned at the discrepancy between Gibraltar’s unequal age of consent laws, according to Equality Rights group GGR. In a statement today, the group confirms that “discussions between the EU Commission and GGR have put on the table the whole issue of Gibraltar’s non-compliance with judgments from the European Court of Human Rights. Commissioner Frattini has expressed the view that such persuasive judgments are equally valid in one part of the European Union as in any other – including Gibraltar. GGR has therefore received assurances that the EU will be following up the tardiness of the Gibraltar Government in implementing the equalisation of this law on the Rock at the highest levels.”

For his part, Chairman Felix Alvarez has stated that “the EU’s reaction to this state of affairs is only natural given the fact that Mr Caruana’s desire to keep Gibraltar stuck in a backward time capsule with regards to the rights of Gibraltarian citizens is only looked at with dismay. We were told that the GSD would improve our international image instead, in our view, the facts tell a very different story.”

GGR Chairman tells EU "Gib Government must comply with the law!"

2006-01-29T21:20:00.000Z

In a statement today, Equality rights group GGR has informed the press that Chairman Felix Alvarez presented a formal complaint concerning the Gibraltar Government to Justice Commissioner Franco Frattini (pictured left with Mr Alvarez).

“Mr Alvarez brought to the Commissioner’s attention the fact that under Council Directive 2000/43/EC of 29 June 2000 and further to Chapter III, Article 13 of same, there is an unequivocal requirement for the designation of a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin. Furthermore, Mr Alvarez pointed out to Commissioner Frattini that under Section 54 (1) (a) of Gibraltar’s Equal Opportunities Ordinance 2004, the Government of Gibraltar reflected this need, even though it does so in language which leaves some doubt as to its real intentions as Mr Caruana chose to use statutory language which speaks of the establishment of an equal opportunities commission “if any”. Mr Alvarez therefore brought the matter to the Justice Commissioner by way of officially informing the EU that the Government of Gibraltar has to date neither established the statutory body nor, indeed, made any information either publicly or privately available regarding this matter. Mr Alvarez therefore requested action on the part of the EU to take steps to ensure the Gibraltar Government complies with their legal obligation,“ the statement says.

For his part, Felix Alvarez stated that “Mr Frattini expressed grave concern regarding Government’s non-compliance with this aspect of EU law and confirmed that he would be taking steps to secure the earliest enforcement of this matter.” Mr Alvarez ended by saying that “It is the duty of Government to take the law seriously and not ignore its requirements.”

Caruana didn't lift a finger - but EU President WILL now review offending Regulation!

2006-01-26T20:50:00.000Z

Arriving in Gibraltar on Thursday evening following a trip to the European Commission in Brussels and meeting with Justice Commissioner Franco Frattini, Social Affairs Commissioner Vladimir Spidla and MEPs Glyn Ford (Labour), Michael Cashman (Labour), Graham Watson (LibDem) and Neil Parish (Conservative), Equality Rights group GGR Chairman Felix Alvarez commented on the outcome of talks (picture shows Alvarez with Commissioner Spidla (centre) and MEP Graham Watson (right).

"First of all let me say that I am gratified not only by the fact that other affected citizens in Gibraltar have chosen to make their voices heard both locally and in Europe on this matter, but also that British parliamentarians are supporting us too. As a result of discussions I have had with MEPs Cashman, Ford, Watson and Parish there will now be questions tabled at both the EU and British Parliaments regarding this unacceptable EU decision. A letter is also being signed by the same parliamentarians to both Monarch and British Airways asking them to confirm they will offer no less a level of service to disabled people flying from Gibraltar than from any other European airport. And in relation to my meetings with Commissioners Frattini and Spidla, these ranged across a number of issues which I will address in the coming days. However, top of the agenda was my concern regarding the rights of Gibraltar's disabled following the recent Regulation. I made clear my views that the exclusion of the disabled from this measure was something which should not have occurred, constituted an unacceptable politicisation of their rights within the Sovereignty framework and may possibly constitute an illegality under Article 230 of the EC Treaty, and that I would be actively considering the possibility of legal action against the EC. I therefore questioned the legality of this Regulation and I have received a personal assurance from Mr Frattini that he will be reviewing this Regulation with President Barroso with a view to reversing its effect on Gibraltar's disabled. Meanwhile and despite this review, I shall be meeting with concerned Gibraltarians to consider whether further action should be taken. We believe there may be redress available via the frameworks already in place. And if Government felt an ounce of remorse or concern they would put their legal resources at the service of such redress in order to keep the pressure up on the EU. I would be willing to work alongside them in the interests of Gibraltar's disabled," Mr Alvarez stated.

"As Chairman of an NGO, I travelled to Brussels in face of the fact that the Chief Minister has not lifted a single finger to support Gibraltar's disabled. And in that moral failure all Gibraltarians were disabled because what hurts our fellow citizens hurts us all! He could so easily, as a bare minimum, and as I indeed suggested on GBC, have registered a protest with the EU via the UK Government, but evidently opted not to do so. All he did was to issue a press release in which he more or less threw up his hands in the air and said that yes, this was one more of those nasty EU air measures and that Government considered it to be illegal. If this is true and Mr Caruana felt this to be illegal, why did he not start legal action to redress it instead of sitting back and doing nothing? And to say this was just one more such measure is nothing short of an insult: this Regulation has played football with the dignity and feelings of the disabled. This is certainly not "just one more" of those measures. It is very different in character and nature: it is human in its core effect. Mr Caruana is very much mistaken if he believes he can save face in the future by pulling political rabbits out of his Tripartite Talks hat and saying "I told you it would all go away!" This is an issue that will remain scorched in the minds of many Gibraltarians - how a Chief Minister was unwilling to stand up for his own people at a moment where help was really needed, and instead put politics before all! Sadly, it begs the question: how often is this happening and with how many other different citizens and issues? Let us be clear: Felix Alvarez is just an ordinary citizen, noone of particular importance in the overall scheme of things. Yet an unimportant person is capable of getting the European Union to reconsider its position, is capable of meeting the highest level Commissioners and does not need to be a Caruana to do that! Whilst my visit to the European institutions has been the first of a Gibraltarian civil society representative, there is certainly no reason why it should be the last. And I certainly encourage other NGO representatives to look to the EU to ensure that our european rights are safeguarded. That can only happen if we ourselves engage in that process and, in so doing, ensure the EU itself is engaged on our behalf! It is positive politics that we need to take hold of and use to our advantage as Gibraltarians! We must break the distance between Gibraltar and Brussels and turn that to our advantage."

GGR: "We shouldn't even be having to do this Petition!"

2006-01-21T21:10:00.000Z

GGR’s Abuse Issues Coordinator, Annette Vallejo, has today announced that the group’s Sex Offenders Petition campaign has once more started to collect signatures of support – “a Petition we shouldn’t even be having to do!”

“In the coming weeks and months we will be visiting all areas of Gibraltar. We shall be starting by going door-to-door in the housing estates and then work our way towards the South District. We currently have approximately 3,500 signatures and although we do not have a specific target figure in mind, we will continue until we are satisfied that all those people who want the opportunity of expressing their discontent with the Government’s total failure to do something about this issue have been able to do so.”

“We agree with the many people who constantly express the view that it is ridiculous that we should even have to go around Gibraltar asking for signatures on a Petition that should never have needed to happen had Government done its job. This kind of Register should have been in place years ago!” Ms Vallejo ended.