Intimate Convic i n An international conference examining the church and anti-sodomy laws across the Commonwealth October 12–13, 2017 Eon Nigel Harris Council Room The University of the West Indies Regional Headquarters Mona, Kingston 7, Jamaica aidslaw.ca/intimateconviction Agenda Thursday, October 12 Day 1 8:00 – 17:00 Registration open Devotions: Venerable Patrick Cunningham, 8:30 – 9:00 Archdeacon of Kingston Welcome and Introductions: Very Rev. Fr. Sean 9:00 – 9:10 Major-Campbell, Host Pastor Keynote: Most Rev. Dr. John Holder, Archbishop 9:10 – 9:30 of the West Indies 9:30 – 9:45 Address: The Commonwealth Secretariat 9:45 – 10:00 Address: Lord Anthony Gifford, Q.C. 10:00 – 10:15 Coffee break Panel 1: The Anglican Church and 10:15 – 11:45 Decriminalisation (Global North Perspective) Panel 2: The Anglican Church and 11:45 – 13:15 Decriminalisation (Global South Perspective) 13:15 – 14:00 Lunch (provided) Panel 3: Other Churches and Decriminalisation 14:00 – 15:30 (Global North Perspective) Panel 4: Other Churches and Decriminalisation 15:30 – 17:00 (Global South Perspective) 2 Agenda Friday, October 13 Day 2 8:00 – 12:00 Registration open Devotions: Venerable Patrick Cunningham, 8:30 – 9:00 Archdeacon of Kingston Panel 5: 9:00 – 10:30 Gender, Decriminalisation, and the Church 10:30 – 10:45 Coffee break Panel 6: 10:45 – 12:15 HIV, Decriminalisation, and the Church 12:15 – 13:00 Lunch (provided) Building an Ecumenical Dialogue for 13:00 – 14:30 Decriminalisation 14:30 – 15:00 Conference Closing and Evaluation 3 Welcome Address Very Rev. Fr. Sean Major-Campbell Host Pastor Dear Presenters, Participants, and we transcend the barriers of Attendees, denominational and even other religious walls of our own making, On behalf of civil society, we and come together in service of our welcome all voices regardless common humanity. of leaning to this landmark international conference. It is hoped It is my pleasure to welcome you that everyone will hear perspectives all to this theological conversation. that promote respectful dialogue Everyone is welcome and is on the rugged landscape of human accorded equal respect. We meet sexuality and theological discourse. in the spirit of Isaiah’s word: “My house will be called a house of The Church has through the ages prayer for all nations.” had an impact on various human realities. Laws, economics, other Ubuntu — I am, because you are. justice issues, and even matters You are, because I am. of prejudicial concerns have all been in the mix. It is fitting that 4 Keynote Address Most Rev. Dr. John Holder Anglican Archbishop of the West Indies Archbishop Holder has a Bachelor Communion and Homosexuality of Arts degree in Theology, a Master among numerous others. He has of Sacred Theology degree, and received many prestigious awards a PhD in Old Testament Studies, including the Long and Dedicated among other academic accolades. Service Award from Codrington He has held many scholarly and College and the Errol Barrow Award teaching roles in the Caribbean for contribution to theology. In and around the world in the field addition, he was given an Honorary of theology. In 2000, he became the Doctor of Laws of UWI and the Bishop of Barbados and in 2009, he CBE. He has served as chair or assumed the role of Archbishop of member on many esteemed boards the Caribbean. He has also written and committees, including a tenure numerous publications such as The as chairman of Interfaith group — Bible in the Anglican Tradition — HIV/AIDS Commission from 2003 The Bible and Human Sexuality: to 2008. A study of two critical areas of Pastoral Concern and Sexuality in the Old Testament: The Anglican 5 Special Address Justin Pettit, Commonwealth Secretariat Justin Pettit is an Officer in standards. He was previously a the Human Rights Unit at the lecturer at the Department of Commonwealth Secretariat. Social Sciences at the University His work focuses on the of Roehampton and a Visiting international human rights Lecturer at the University of Essex machinery, strengthening national School of Law. He holds a PhD in institutions, and issues surrounding Law from the University of Essex. implementation of human rights 6 Special Address Lord Anthony Gifford, Q.C. Called to the Bar of England and right to respect for private life of a Wales (1962), Lord Anthony gay man had been violated by the Gifford, Q.C. is also a member of buggery law in Northern Ireland. the Northern Ireland Bar and the He represented appellants in the Jamaican Bar (1990). He was the cases of the Birmingham Six and founder of the North Kensington the Guildford Four. Law Centre, the first law centre established in Britain in 1970 to Author and lecturer, Lord Gifford ensure accessible legal resources was a frequent speaker in the to all. He is an associate tenant House of Lords on human rights of Doughty Street Chambers in issues, and is a member of the London. Management Committee of the Independent Jamaican Council Lord Gifford maintains an active for Human Rights. He has been a law practice in Jamaica as Senior member of missions for Amnesty Partner in the firm of Gifford, International and other human Thompson & Shields. He has been rights organisations to Portugal, Counsel in many human rights Greece, Turkey, Morocco, Pakistan, cases, including Dudgeon v UK Chile, and Grenada. He is a in 1981 in the European Court of member of the National Council on Human Rights, which held that the Reparations. 7 Foreword The Hon. Michael Kirby AC CMG* From far away Australia, I send I welcome the leadership of greetings of peace and friendship bishops of the Anglican tradition to the Commonwealth Caribbean. in supporting, and participating, I welcome the conference in in this conference. I myself was Jamaica called to discuss the role raised in the Anglican tradition. I (past, present and future) of faith am proud to be a member of this communities across the region global community. Because of its in ending the criminalisation of history, the Anglican Church has citizens based on their sexual always been a place of diversity orientation and gender identity. and dialogue for those of the High This is an initiative to be welcomed Church and those of the Evangelical on at least three levels: tradition. • Spiritual: Because it is necessary to This conference convenes on the reflect the love and mutual respect 50th anniversary of the first steps for one another that lies at the heart taken in England and Wales to of most of the world’s religions, repeal the anti-gay sodomy laws but particularly for Christians who that were exported throughout the follow the loving message of Jesus British Empire. That repeal followed Christ. the Wolfenden Committee report • Political: Because the current which found that the attempt to persistence of colonial laws targeting enforce such laws against LGBT sexual minorities and their sexual citizens constituted an overreach acts constitutes a serious overreach of of the criminal law. Criminal law the proper function of the criminal should be confined to serious law in a modern, diverse and wrongs involving public activity democratic society. and a complaining victim. It should • Healthcare: Because the retention not snoop into private conduct of such laws impedes the messages in people’s bedrooms where essential to reducing infections with consenting adults are involved. HIV, the virus that causes AIDS. To do this is a serious excess of Moreover, it impedes access by those governmental power. Gradually infected to prompt treatment, which this principle has been accepted in speeds the reduction in infections in countries that were once part of the the wider society. old British Empire: UK, Ireland, United States, Canada, Australia, *Justice of the High Court of Australia (1996–2009); Member of the Eminent Persons Group of the Common- wealth of Nations (2010–2011); Commissioner, UNDP Global Commission on HIV and the Law (2011–2012). 8 New Zealand, South Africa. But supporters. In Australia, our a log-jam has arisen in securing parliament did the right thing. It reform in the Caribbean. did not introduce an obstacle of a referendum. Where unscientific In 2009, I participated in the prejudice exists, it should be Eminent Persons Group (EPG) on removed from the law. That still the Future of the Commonwealth leaves those in faith communities to of Nations. Our chair was Tun hold to their beliefs. But it removes Abdullah Badawi, an Islamic enforcing those beliefs on others scholar and former Prime Minister who believe differently. of Malaysia. Our rapporteur was Sir Ronald Sanders, a Finally, there are strong practical distinguished Caribbean diplomat. reasons for change. Strong UN Unanimously, the EPG recommend data demonstrates that countries that Heads of Government of which criminalise LGBT people all Commonwealth countries have higher levels of HIV infection. “should take steps to encourage This is for the simple reason that the repeal of discriminatory laws,” criminalisation drives people into including those targeted at LGBT the shadows. It impedes their citizens. We proposed a Charter access to advice, knowledge and of Commonwealth Values, which support. It restrains them for has been adopted and signed into seeking out treatment and care. Yet force by the Queen. It upholds that treatment reduces the spread the principle of equality without of HIV throughout society. This discrimination. The time has come is therefore a step that should be for the Commonwealth Caribbean taken. to act on that value. For 40 years in Australia, I have I welcome the political opening for held high constitutional offices. action proposed by the Government During the whole of that time, I of Jamaica. However, calling for have been supported by my partner, a referendum is the wrong path Johan.