The Keith Rowley led government has been threatened with legal action, over what activist Barrington “Skippy” Thomas calls the “irrational and absurd” regulations for Carnival 2023.
These regulation include restrictions that make it illegal for people to sing or recite lewd or offensive songs, or indulge in behavior or gestures which are immoral, lewd or offensive.
On Friday, attorneys for Thomas, Dinesh Rambally, Kiel Taklalsingh, Leon Kalicharan, Stefan Ramkissoon and Rhea Khan wrote to the secretary to the Cabinet, saying the regulations were irrational and absurd.” The Cabinet, which is led by the Prime Minister, was given 14 days to respond to the letter.
On February 2, the Carnival 2023 regulations, made by the President under section 5 of the Public Holidays and Festivals Act, were gazetted after being approved by Cabinet.
In the letter, Taklalsingh said, “Contextually, culturally, and historically, these regulations are manifestly unjust and too vague to be fairly, consistently, or equally enforceable.”
The attorney said the regulations were also disproportionate as it interferes with constitutional rights and freedoms of expression and do not fulfil any legitimate aims or objectives.
He also said the regulations are also too intrusive, given the cultural and normative behaviours associated with Carnival.
“Carnival and its associated events are the apogee of expression, creativity and celebration in our twin island state. Its origins are rooted in resistance and virulent expression; the Canboulay Riots, and failed attempts to prohibit drumming and stick fights all stand as a testimony to the boisterous essence of carnival which, to some, may be perceived as “offensive” and possibly “immoral,” the letter said.
He used songs like ‘Paul Yuh Mother Come’, sung by Crazy in the 90’s and ‘Congo Man’ by Sparrow in the 60’s as examples. He said while singing songs such as these may be acceptable to some, it could be deemed offensive and immoral to others and lead to police officers with “their own individual predilections and sensibilities” arresting people during Carnival.
“We are of the view that the measures obviously derogate from the right to freedom of expression and that they do not realistically advance the aims of public order,” the letter said.
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