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Rastas
gain recognition - Gov't acknowledges religious status

published: Thursday
| February 6, 2003

By Barbara Gayle, Staff Reporter

From left, Lord
Anthony Gifford, Q.C., and Howard Hamilton, Q.C., Pubic Defender, in
discussion with Lawrence McKenzie, as the group left the Supreme Court
building, downtown Kingston yesterday. - Michael Sloley /Freelance
Photographer

RASTAFARIANS HAVE
scored a big victory as the Government for the first time has openly
recognised Rastafarianism as a religion in an out-of-court agreement signed
yesterday.

The agreement states
that Rastafarian prisoners are entitled under the Constitution of Jamaica
to have their church conduct acts of worship with them.

It was part of the
settlement that the Church of Haile Selassie I has the right to have access
to inmates of correctional institutions and conduct acts of worship with
them, on similar terms afforded to inmates of other religions.

However, the smoking of
ganja as a sacrament during religious practices is not part of the
agreement.

The leaders of the
church are to confirm in writing that all activities will be conducted in
accordance with the rules and regulations of the department and the laws of
Jamaica.

"It is a small but
important development as it recognises the constitutional protection
afforded to all Jamaicans," Michael Hylton, Q.C., Solicitor-General
told The Gleaner yesterday. He also explained that the agreement was
in effect accepting Rastafarianism as a religion.

Howard Hamilton, Q.C.,
Public Defender, had brought a motion on behalf of the Church of Haile
Selassie I and Kevin Hall, a Rastafarian, who is serving a prison sentence
for non-capital murder. Hall contended he wanted to be baptised but was
being hindered because of his religion. He said counsellors who visited him
were not allowed to use the chapel while permission had been granted to
inmates of other religions.

A large number of
Rastafarians attended court yesterday and were allowed to wear their
headgear in court. Mr. Hamilton had said when he took office in April 2000
that his first order of business would be to address the rights of Rastafarians,
people with HIV/AIDS and children.

When the motion came
for hearing before the Constitutional Court comprising Justice Horace
Marsh, Justice Gloria Smith and Justice Lloyd Hibbert, the lawyers
representing the parties announced that an agreement was reached and
therefore the motion was being withdrawn.

Mr. Hamilton and Lord
Anthony Gifford, Q.C., who represented Hall, told The Gleaner that
although the way has now been paved for the Rastafarian prisoners to have
freedom of worship that did not include the smoking of ganja as a sacrament
because that was against the law.

"The church
undertakes to respect the laws of the land as they exist but the agreement
will give them a basis on which to petition Parliament for a dispensation
in relation to the use of ganja as a sacrament in religious
practices," Mr. Hamilton said.

Lord Gifford said the
Govern-ment's consent yesterday meant that the Rastafarians should also be
treated without discrimination in other areas.

Defendants to the
motion were the Commissioner of Corrections and the Attorney-General who
were represented by attorneys-at-law Ingrid Mangatal and Catherine Francis.

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