Dear Editor,
I am responding to a letter published in the Observer on Thursday, March 7, 2013, in which the writer stated that "It has come to my attention that the Government of Jamaica has tabled a bill to decriminalise the practice of obeah on Jamaican soil."
That statement is incorrect. The Obeah (Amendment) Act was one of three Bills passed in February to eliminate whipping and flogging as punishments that may be imposed by the Court. This was necessary because the Obeah Act had previously provided that whipping could be imposed, in addition or as an alternative to a sentence of imprisonment, as punishment on conviction for the practice of obeah. The law has now been amended to eliminate whipping by way of judicially-imposed punishment in Jamaica.
To be clear, it remains a criminal offence to practise obeah in Jamaica, punishable by a sentence of imprisonment of up to 12 months, with or without hard labour.
I should mention that during the debate of these Bills in the Senate, an Opposition senator stated that in his view obeah should be decriminalised, and he received support for that idea from a senator on the Government side. I then suggested to them that they bring a motion before the Senate to have the matter ventilated. In the event they do so, it should be an interesting discussion.
Mark Golding
Minister of Justice
Law change was about flogging, not obeah
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I am responding to a letter published in the Observer on Thursday, March 7, 2013, in which the writer stated that "It has come to my attention that the Government of Jamaica has tabled a bill to decriminalise the practice of obeah on Jamaican soil."
That statement is incorrect. The Obeah (Amendment) Act was one of three Bills passed in February to eliminate whipping and flogging as punishments that may be imposed by the Court. This was necessary because the Obeah Act had previously provided that whipping could be imposed, in addition or as an alternative to a sentence of imprisonment, as punishment on conviction for the practice of obeah. The law has now been amended to eliminate whipping by way of judicially-imposed punishment in Jamaica.
To be clear, it remains a criminal offence to practise obeah in Jamaica, punishable by a sentence of imprisonment of up to 12 months, with or without hard labour.
I should mention that during the debate of these Bills in the Senate, an Opposition senator stated that in his view obeah should be decriminalised, and he received support for that idea from a senator on the Government side. I then suggested to them that they bring a motion before the Senate to have the matter ventilated. In the event they do so, it should be an interesting discussion.
Mark Golding
Minister of Justice
Law change was about flogging, not obeah
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