Archive for ‘Legal Issues’

December 15, 2012

The use of Jamaican dialect to further stigmatise homosexuals in the new patois Bible

The use of a patois (Jamaican dialect) to further stigmatise homosexuals

I could only conclude such as I replayed a clip of an interview of a discussion on the major religious station Love101FM on Human Rights Day of all days when the recently launched patois Bible as translated from the King James Version our local dialect as the theologians albeit facing some opposition from Christian and secular quarters alike pat themselves on the back on the feat. A corresponding audio compilation is also out and has been getting some media attention lately. I was opposed to it at first as was some regular readers and those who dropped in on my Gay Jamaica Watch blog where a poll was run for just over a year with over 80% of those who participated said categorically no to such a publication  but my small blog could not stop a bigger plan could it?

The discussion for the most part took light attention to the types of words selected and their possible meanings or interpretations by readers of the publication but when they got to the always controversial text of Romans on homosexuality in Rome and apostle Paul’s theological concerns he expressed in the book to the saints at Corinth as his sojourn to Rome was delayed for several reasons so he prepared the writings and sent them on. The word “reprobate” in the text of chapter one verse twenty eight was the source of some contention as the host Reverend Clinton Chisholm who also contributes his voice in the audio production of the work pondered whether the colloquial word used in the patois Bible really created the desired imagery?

Romans 1:28 (KJV):

And even as they did not like to retain God in their knowledge. God gave them over to a reprobate mind, to do those things which are not convenient;

The actual text from the New Testament patois Bible said as follows (transcribed from audio) verses 26 and 27 apparently condensed to one

“And cause dem a do dem si’hn deh God lef dem fi bring dung shame pon demself him lef dem fi rek part inna all kind a sexing  and so de oman dem ‘top do wey normal dem ‘top sleep wid man and go start sleep wid oman, a same so de man dem ‘top do wey normal tu, dem ‘top sleep wid oman an go start sleep wid man, man a sleep wid man dat a shame and cause wah dem a do wrong God a go gi dem just wey dem fi get God a go punish dem,”

The comes the damning verse 28, with their interpretation of the problematic reprobate as appearing in the King James Version

“Dem know de truth but dem mek up dem mind seh dem nah believe it so God lef dem fi do all a de si’hn dem wid dem dutty mind tell dem fi do, him lef dem fi do de si’hn dem wey dem nuffi do.”

You may ask why bother to pay this any attention but bearing in the mind several historical contexts that exist in what seems harmless on the surface a matter as patois but the interpretations by readers and the context of Paul’s writing in my view must not be overlooked. Paul in my estimation based on my limited exposure to some bible study and coaching he wrote the book of Romans in lieu of a trip to Rome but was stuck in Corinth as hinted to in the introduction as circumstances prevented him from travelling any further so he explained via the writings that the expected Jesus was the fulfilment of God’s promises and he wanted the saints to have order in their lives of course not necessarily with the holiness codes or remnants of it from Moses via Leviticus or Jewish law but by serving Jesus Christ. Paul may have not expected to have seen the kinds or pederasty, the intimidatory anal rape of conquered armies (a practice probably inherited by earlier powers such as the Persians)  and exploitive relations between men as we could describe as gay for pay these days. He may never have contemplated the more stable monogamous relations lately with gay marriages and security guaranteed by the respective states that offer such legislation. So in his writing he expresses his own thinking on the disdain towards the perceived or misunderstood practices of same sex attracted men.

Possibly the pederasty that was more a Greek societal practice may have shaken him to the core and I dare say the same kind of fear of the unknown seem to exist today from religious groups conjuring fear and speculation wrongly placed at consenting same gender lovers. So the confusion of homosexuality and paedophilia as if the two are synonymous when the experts tell us otherwise and I have no reason to doubt them.

The discussion continued where the guests and host looked at reprobate mind versus dutty mind, one pastor suggested reprobate suggested conditioning rather than dutty mind which suggests a condescending tone with regard to the practice of homosexuality in Jamaica and other social context “dutty mind” is used. Often times than not it is used to put down an opponent in an argument separate and apart from “dutty” by itself meaning a literal soiling of staining of a surface, body or clothing. For the term to be used in a Biblical sense when the faith requires a more open strategy when engaging the non Christian community, if you choose to listen the audio clip inserted here my Jamaican listeners to that podcast will find the emphasis on the tone in which the female delivered the verse as is typical anywhere else, it commands a certain strength to project the disdain intended but did “reprobate” in the King James version do the same or is it that as patois has been relegated to the masses or the sacredness of the Bible versus the alleged vulgarity of the dialect?

Another tool perhaps by the religious intelligentsia to cement anti gay sentiments in a dialect that foreigners may find hard to comprehend if not by pronunciation and context?

Historically we must recall what it took to get patois even to be used on mainstream media as it was scuffed at by the elite and educated class including the powerful religious communities who operated several institutions of learning, I can remember my days growing up and my mother and aunt reprimanding me about speaking patois out of turn and they stressed I speak English. Now we see the dialect being embraced supposedly for it ethnic value but to use secular contexts to promote a religiously bigoted agenda. I would hate to see and subsequently hear the old testament version in patois especially the Leviticus book where the supposedly “cut off” line means for many execution of gay persons as a part of the secular wisdom of the Bible.

Paul’s expression in Romans especially the verses 26 through to 32 confirms that God does not support same sex genital intimacy.

Why would someone choose something that would invite hate and problems? But with having to hide and not live our truths we see the challenges involved, with other exploitive practices creeping in, namely gay for pay that demands a certain kind of covert living in order to get on with their relations. News came via Twitter last evening then a series of phone calls from other community members on the murder and suspected arson of a longstanding community member and Justice of the Peace Becky as he is affectionately known aged 67 was of one of our longest standing personalities in the community with his trademark cold crown decorated smile and silver jewellery and a Justice of The Peace, engaged by gay and heterosexual persons as his personality superseded his perceived sexuality by a few (and there are always those speculators) a fierce advocate in his own right, in fact he was also one of those persons who would assist homeless and displaced persons too, I will nominate the late Steve Harvey who in his earlier years and difficulty was assisted by “Becky” many can attest to that fact and his outreach via his version of crisis interventions are well known here and abroad by older community members.

He was found partially burnt and his throat cut, apparently his house was set on fire after the fact to supposedly destroy evidence and the body. Shock and horror are the natural responses from those who are close to him.

It is not clear the motive for the murder at this time. (THIS POST MAYBE UPDATED OR A NEW ONE CREATED AS IS REQUIRED)

Anti gay Christian groups such as the JCHS continue to push this line of argument to bolster their agenda with persons like the group’s head Dr Wayne West (not a Jamaican) push lines that tolerance is equal to fisting and felching or persons who agitate for tolerance are asking to legalize those activities. He continues to push that the LGBT lobby wants to seize the Universal Declaration of Human Rights to allow depravity and illegal acts. Such practices are not popular here in Jamaica and are more seen in sub-groups in Europe such as the biker, leather or skinhead gay communities, he also went on in a recent radio interview that the philosophical end to the agitation for the repealing of buggery is to make all sexual practice normative whether they be right or not as imposed by aetheists with a worldview where no design is the mantra. Interesting he does not agitate this much in his country of birth Trinidad. Yet we also do not see the groups agitating for the least amongst us, the homeless and children in state care, the work by Jamaicans for Justice to publicise that problem and the steps taken to do so yet these religious groups abstain from those actions which in essence directly impact a healthy society’s development.

He recently equated the thrust for the buggery law repeal as well by saying the following:

“….the argument that you need to remove your buggery law to reduce HIV rates is eminently not true …………… the epidemiological data removing your buggery law is not necessarily nor is it sufficient to decrease HIV, what is important is behaviour.” He believes that the Jamaican people must be made to understand that the gay lobby, us, are intent on making deviant sexual practices normative as if all we are defined as is who and how we have sex and nothing else, so the likes of Mr West do not place any value of our orientation, choices, freedoms alienable or properly created and having a plural society where all persons can co-exist as long as their actions do not impede others. It is consensual sex in a private space is all we are asking for outward displays of affections are not culturally palatable here overall.

He concludes:

“ …..when persons come and say you need to remove the law to decrease HIV what you are actually hearing is you need to remove your law so we can modify the society and integrate all types of sexual orientations as the same and equivalent, that’s what that statement …. every time a Jamaican citizen hears that statement you need to remove your buggery laws to decrease HIV they should be hearing we want you to remove the buggery law so we can integrate all sexual orientations, all sexual behaviours into your activities and into your school curriculums….”

Now he dishonestly equates the recent Home and Family Life Fiasco, HFLE matter to join the chorus that there was motive for the questions posed in the manual as I had agreed it may have been age appropriate but is needed to discuss sex and sexuality. Then it is no wonder why we are having the challenges in our society of homophobia and homo-negativity while LGBT people continue to suffer from these kinds of institutional bigotry from the religious noveau intelligentsia aided and abetted by other religious groups who by the way cannot do this kind of activity in their own jurisdictions so they export their hate with millions of dollars to boot for full paged ads and more.

Priorities please religious friends.

Peace and tolerance

H

December 11, 2012

The Jamaican Government schizophrenic on human rights ?

N1258318-page-001 N1258318-page-002

Here is an excerpt of what our government refused to support: (CLICK IMAGE TO DOWNLOAD THE PDF)

Sixty-seventh session
Third Committee
Agenda item 69 (b) - Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms

Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Guatemala, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Montenegro, New Zealand, Norway, Panama, Poland, Portugal, Republic of Moldova, Romania, Slovenia, Sweden, Switzerland and United Kingdom of Great Britain and Northern Island: draft resolution Extra judicial, summary or arbitrary executions

The General Assembly, Recalling the Universal Declaration of Human Rights,

1 which guarantees the right to life, liberty and security of person, the relevant provisions of the International Covenant on Civil and Political Rights

2 and other relevant human rights conventions, Reaffirming the mandate of the Special Rapporteur of the Human Rights Council on extrajudicial, summary or arbitrary executions, as set out in Council resolution 17/5 of 16 June 2011,

3 Welcoming the universal ratification of the Geneva Conventions of 12 August  1949,

4 which alongside human rights law provide an important framework of accountability in relation to extrajudicial, summary or arbitrary executions during armed conflict, Mindful of all its resolutions on the subject of extrajudicial, summary or arbitrary executions and the resolutions of the Commission on Human Rights and of the Human Rights Council on the subject,

__________________
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 See Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 53 (A/66/53),
chap. III, sect. A.
4 United Nations, Treaty Series, vol. 75, Nos. 970-973.

The recent surprise discovery by some human rights groups and activists that the Jamaica government via its foreign affairs ministry voted yes to change a specific resolution that offered protection from discrimination and state sanctioned killings based on said sexual orientation is now gaining some traction and has evoked mostly negative responses depending on how one looks at how the discussions have been framed. This is the same country that led the struggle along with others under the leadership of Prime Minister Hugh Shearer Internationally on Human Rights and we have subsequently ratified treatises, voted positively on other matters including very public international affairs.

The widely held believe of the “promise” for some persons or the proposal made by Prime Minister Simpson Miller to review the buggery law with a conscience vote the mechanism however has not been outlines fully, this garnered international recognition from other leaders and which ultimately led to the Time Magazine awarding her one of the most 100 influential persons in the world award thus making us look progressive but now?

CLICK FOR HOMEPAGE

One of her ministers has a set of questions to answer such as why was the vote done so as to avoid offering specific protection from discrimination due to sexual orientation? that Ministry has been mum since the news broke and the Ministry’s representatives declined a radio interview on the matter. They need to be reminded that they are servants of the people, this reminds me so much of the gymnastics during the Sexual Offences Bill debate and the Charter of Rights over its ten plus year period it stayed on the parliament agenda with the subsequent repeated interference by religious right groups such as the Lawyers’ Christian Fellowship who used legal manoeuvrings to move words such as “sex” suggesting it would have opened doors for homosexual rights agenda and gay marriage agitation by the gay lobby. We see them now acting up aided and abetted by foreign zealots and well funded too spending thousands on ads and other activity when the poor need help.

reminder of the PNP when A. J Nicholson was the opposition spokesman on justice: Opposition sides with Govt on No to same sex marriage 

The bigger picture is the protection of the least amongst us and ALL persons should have protection under the state, the Jamaica government denied offering protection to such a group being us homosexuals all because the language is specific to the type of discrimination. Isn’t it A. J. Nicholson the Minister now of Foreign Affairs, the same A. J. who was very vocal in the aforementioned Sexual Offences Bill/Charter of Rights slammed the suggested and attempted repeal of buggery, parliamentary submission by JFLAG everytime there was a hint in the language that seems in the eyes of some to offer a perceived loophole to other “rights” that we do not deserve they act most times covertly to trash the clauses or sentences revealing such.

We have a culture we know of extreme homophobia and homo-negativity we also have a culture that would extract a significant political rice were any government were to be seen voting to protect supposed “deviants”  it is either we agree as a nation via our governments that human rights are inalienable to all persons of the citizenry including those who visit on our shores or we say no are not going to extend human rights because of some political issue. To be denied the protection simply because of behaviour patterns while ignoring consent and privacy is just plain wrong, a wrong that has been carried on for generations but the emotions run high and cloud the level headed discourse that is required on this issue for us to get to a pluralistic society. We are the same society that has no problem suggesting taking matters to the international commission on human rights for example or the Privy Council or the suggested Caribbean Court of Justice that of the face of it is about to be foisted on us whether we like it or not. Strange when the death penalty was prescribed by local courts and upheld via the PC our government cries fowl and hold prisoners for over five years on death row all because it wants to look good internationally then the PC rules that those accused cannot be hanged who are held over the five year period (after exhausting the necessary appeals)  the complain that we are being dictated to when it was OUR OWN Jamaican law that are used by the PC to adjudicate matters presented to it by Jamaicans litigants who use that avenue.

We cannot have it both ways, either we are for rights or against, when the political pundits sought the job of leadership is was to do just that, LEAD, it’s not going to be easy and there are some unpopular decisions that maybe taken for the greater good of society, leaders must rise to the occasion  that is their mettle and when it is tested it must be found to have been vigilant, strong and forthright in defending human rights.

Beyond the Headlines host Dionne Jackson Miller had Arlene Harrison Henry of The Independent Jamaica Council for Human Rights on Human Rights Day discussing the the removal of language in the form of sexual orientation on the Summary Executions UN Resolution – On November 21, 2012, Jamaica voted against resolution A/C.3/67/L.36 at the United Nations condemning extra-judicial, summary or arbitrary executions which urges States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation.” Additionally, recent incidents of vigilante attacks on perceived gay persons continue to undermine the achievements and call into question the national commitment to equality for persons of diverse sexual orientation listen:

What we have here now is that we have failed that test for some of the vulnerable amongst us, myself included as a gay man and others in the society where we have copped out in the matter of sexual orientation. The government  is weak on the things that matter and the things that will last defining how the least amongst us will live onwards with protection specifically set out. Instead some persons want the language to say “any other reasons or groups therein”

When certain key words appear they run and scream that someone is imposing homosexuality or conditioning children as in the HFLE matter or when it comes to tolerance persons like Dr Wayne West equate it to supporting fisting and felching practices that are in the extreme and done overseas but unethical pinned on us to bolster his anti gay agenda.

Here are some more reactions from the talk show circuit giving us some insight as to how the public is seeing this and believe me the views are so skewed out there.:

Nationwide’s Ron Mason with caller on Buggery & the UN sexual orientation res

Nationwide’s Ron Mason – caller suggests clinic for gays

Nationwide Radio’s Ron Mason w/caller on Gay parenting/UN Yes vote ..

Much to ponder on as a nation

Peace and tolerance

H

December 10, 2012

Ethiopia LGBT activists to support Ugandans against anti-gay bill

Crisis in Tahrir from BIKYAMASR

ADDIS ABABA: A group of lesbian, gay, bisexual and transgender (LGBT) activists in Ethiopia are organizing themselves for what they hope will be action to show solidarity with the gay community in Uganda after their parliament promised to push through an anti-homosexuality bill to further criminalize the gay population.

“We will make certain that they know we are thinking about them and their struggle and make an effort to help however we can,” 24-year-old university student Amina told Bikyamasr.com on Saturday.

She and her fellow independent LGBT activists believe that what is happening in Uganda is a threat to all Africans’, gay or straight, and their freedoms.

“We know that this is the beginning of real attacks on all people and our freedom to live our lives as God created us,” said the lesbian activist.

They are not affiliated with any group, but still hope they can bring the community together in order to advance a better understanding of the LGBT community in Ethiopia, adding that there is too much antagonism between people over being gay.

“It really confuses me how angry people are when they learn I am a lesbian and have a girlfriend. It doesn’t make sense, but we have to help where we can to change people’s attitudes,” she added.

International human rights groups and leaders are calling for the immediate rejection of Uganda’s anti-homosexuality bill, which has been described as a “Christmas gift” to the country by Speaker of Parliament Rebecca Kadaga said.

Kadaga also said the new legislation that outlaws homosexuality and criminalizes the lesbian, gay, bisexual and transgender (LGBT) community, “would pass by the year’s end.”

The International Federation of Human Rights (FIDH) said in a statement that it is “extremely concerned by the speeding up of the voting process” and has called on Uganda to end the crackdown on the LGBT community.

The bill is aimed at putting into the national penal code provisions that would continue to criminalize the “offense of homosexuality.”

It was first introduced before Ugandan Parliament in October 2009. At the time, strong mobilization of civil society organizations as well as international governments and institutions enabled to halt the debate and set the bill aside for more than two years.

However, in February this year, it was reintroduced before the Ugandan Parliament in its original version. “With Ms. Kadaga’s recent declarations, the threat of its quick adoption is weighing more than ever over all Ugandan lesbian, gay, bisexual, transgender and intersex (LGBTI) people as well as on human rights organizations, and in particular those working for the protection of LGBTI persons’ rights,” FIDH said in their statement condemning the move.

“If adopted by the Ugandan Parliament, this bill will not only further entrench discrimination and inequality before law, but it will also be a sword of Damocles more dangling over all Ugandan LGBTI citizens’ head as well as over their relatives, friends and more generally those defending their rights. It has to be rejected unconditionally,” said Souhayr Belhassen, FIDH President.

Desmond Tutu has also voiced concerns over the legislation, this week calling on the government to end its crackdown on human rights and dismiss the bill immediately.

FIDH has been strong in its continued attacks over the bill.

“Although lack of transparency surrounds the bill’s current content, information gathered by FIDH clearly suggest that no substantial changes have been made to the 2009 text. In the original version, the Bill contained a series of severe provisions.

The one which remains of utmost concern is that providing death penalty for “aggravated homosexuality”, in case of “same sex sexual acts” with someone under 18 or with “a person with disability”, of repeated conviction, or if the “offender is a person living with HIV”. Besides, this bill is putting at high risk civil society activists as well as doctors working with LGBTI persons on HIV and in the field of sexual health, and even parents and teachers, as complicity with or failing to “report” those who are, or believed to be LGBTI are severely sanctioned. This Bill further shocks by its extraterritorial jurisdiction provision making any Ugandan citizen living abroad likely to be charged and extradited,” it said.

“This bill and the debate surrounding its reintroduction before Parliament are symptomatic of the more general hindrances to civil and political rights prevailing in Uganda. In a State of Law, authorities are expected to guarantee and protect the rights of citizens, not to persecute and discriminate them. If passed, this bill will seriously jeopardize fundamental freedoms and represent a setback for our country,” denounced Sidiki Kaba, FIDH Honorary President.

BM

November 7, 2012

What are Human Rights

In light of the recent physical attack of the University of Technology male student who was alleged caught in a compromising position with another male who escaped his attackers and the subsequent security punches I thought I’d post this article by Atty-at-law Nicholas Manley for our review on Human Rights. See the video compilation below of the mobbing and abuse by the security guards after, take note that these are students.

What are Human Rights?

By definition human rights are our inalienable fundamental rights. Inalienable means that which cannot be taken away. So our human rights are bestowed upon us from the moment we are born and, thus we are all entitled to these rights. Because we are entitled to our human rights and they cannot and should not be taken away from us, we as a people must strive to protect them, government should protect them and breaches of our rights should be highlighted and addressed appropriately.

Human rights are the same for everyone irrespective of colour, class or creed, and are applicable at both the national and international level. In Jamaica, our human rights are enshrined in and protected by our Constitution. Internationally, there have been numerous laws and treaties enacted specifically for the protection of human rights.

Milestone document

Most notably of these is the Universal Declaration of Human Rights. This declaration is seen as a milestone document in the history of human rights. It was proclaimed by the United Nations, in 1948, as a common standard of achievements for all nations, and sets out the fundamental human rights to be universally recognised and protected.

The Declaration sets out the following rights:

All human beings are born free and equal in dignity and rights.

Everyone has the right to life, liberty and security of person.

No one shall be held in slavery or servitude.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Equality before the law

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

No one shall be subjected to arbitrary arrest, detention or exile.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Everyone has the right to freedom of movement

Everyone has the right to a nationality.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Everyone has the right to freedom of thought, conscience and religion

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government;

Everyone has the right to education.

Everyone is entitled to all the rights and freedoms, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

ENDS

Additional materials

Earl Moxam’s RJR discussion on the issue recently:

My two cents as the dust settles (part one)

and a clip from Jerry Small show on NEWSTALK 93FM as the airwaves continue to heat up with the issue.

October 23, 2012

Atty-at-law Gordon Robinson on Why Gay ‘Rights’? (Gleaner)

By Gordon Robinson

Gordon Robinson

I’m repeatedly asked why I so vociferously support gay rights, especially in the face of Jamaica’s deep-rooted fear of homosexuality (homophobia).

We’re all products of our experiences. One of my best friends at secondary school was homosexual. Naïve as I was then, it was two years before I even suspected his sexuality. He was always, shall we say, ‘different’. For example, he seemed obsessed with his penis, which he said he measured every night and reported any lengthening at school next morning. He enjoyed teaching us penis trivia. His favourite factoid was that the penis has no muscles. That last bit earned him his nickname of ‘Musclecock’ (‘Muscle C’, or just plain ‘Muscle’ for short).

Muscle C, though average in traditional academics, was brilliant. He was extremely creative and an excellent young actor. He became president of the Drama Society. I was vice-president. We adapted an Alfred Hitchcock (no relation) short story into a play in which he played the lead (a professor who’d murdered his wife) and I played a largely inaudible police detective. He was a huge success. I was eminently forgettable. He became editor of the school magazine and produced the bestCampionite to that point, which can still stand against anything currently published. Again, I was his deputy. When he left after fifth form, I succeeded him in both posts.

SHOCKER

One Sunday, while in fifth form, he invited me to spend the day at his home. This was standard among school friends. My mother dropped me off that morning. That his parents, successful members of Jamaica’s upper crust, weren’t at home didn’t ring any immediate bells. He was a very dramatic chap who liked to feign sophistication, so when he made strawberry daiquiris as aperitifs, still nary a ding-dong entered my head.

Then he served lunch, including a pte de foie gras appetiser. Still, nothing dropped. Finally, when he invited me into his bedroom to see hisPlayboy collection, bright lights went on. Chuck Berry would have seen them earlier:

My ding-a-ling, my ding-a-ling,

Won’t you play with my ding-a-ling.

I called my mother and bolted from there like a bat out of hell.

Looking back, I’m not proud of my subsequent behaviour at school as I distanced myself from him. At the time, I knew no other way to react.

So, we drifted apart, and he left Jamaica to study Egyptology (kiss me neck!) at the exotic University of Cairo. He wrote me some brilliantly humorous letters, and I may have replied once but, by then, I’d moved on. I heard he’d returned home and was having trouble with his parents, who couldn’t understand him. They thought ‘gay’ was a disease and committed him to St Joseph’s mental ward. I visited him once. It was depressing to see my old friend so lost, confused, sedated and alone.

Sometime later, I heard he’d committed suicide. He was 20 years old.

Dramatic to the end, he poured gasolene on himself; lit himself afire; and ran into the street screaming, “I want to die,” with his father running behind him holding a glass of water. Or so I heard.

TICKET TO ASYLUM

When my parents first separated, my mother rented a room (called ‘boarding’ then) in a married couple’s (‘Freddy and Dolly’) home. She was friendly with Dolly. Freddy was a brilliant, creative producer/director in the early days of JBC TV. They’d appeared happily married for years until, one day, Dolly came home unexpectedly and caught Freddy in flagrante delicto with his boyfriend. She went directly to the asylum; didn’t pass ‘go’; didn’t collect $200.

These two very human situations indelibly etched themselves on my psyche. After years of introspection, I came to realise a few truths. If only Muscle’s parents were more accepting; if only we, including me, had been more respectful of his ‘being’ instead of constantly mocking him for ‘being different’, maybe he’d be alive today and Jamaican theatre much the better. If only society had allowed Freddy to ‘be’ without stigma, maybe he wouldn’t have felt the need to trick Dolly into a fake marriage. Maybe if society allowed him to marry his boyfriend, Dolly would’ve found Mr Right, and there’d be two happy couples instead of none.

Instead of spreading unreasoned fear by blaming dread diseases on promiscuous gays, perhaps we should consider creating a safe environment for gays to leave the closet and openly enter long-term, committed relationships, thereby reducing the promiscuity level. Maybe gays’ ‘promiscuity’ is inversely proportional to society’s tolerance.

Peace and love.

Gordon Robinson is an attorney-at-law. Email feedback to columns@gleanerjm.com. Also check out this 2008 article by him so he has been consistent: Point Counter Point Wake Jamaica

October 3, 2012

The Safe House Project background from the conceptualizer …………………

In recent times we have seen all kinds of stuff happening with the homeless men both older and newer generations and the referred to Safe House Pilot Project in some of my posts and podcasts, here the former Executive Director of Jamaica AIDS Support for Life at the time when it was conceptualized has penned a post from her new blog on the issue where she explains in some detail how and why the project came to be.

some background since August of this year as carried on CVM TV

some Abbreviations

JASL – Jamaica AIDS Support for Life

JFLAG – Jamaica Forum for Lesbians Allsexuals and Gays

AMFAR - The American Foundation for AIDS Research

Here is the post from The Queens Yellow Brick Road

The pilot homeless shelter housed at apt 3, 4 Upper Musgrave Road (I wish I remember the dates, I am getting old will ask the gay community historian Howie Fiehdior, to back me up on the details of time etc) was expected to continue for 6 months, and funded by various donors, AMFAR, MOH, TIDES. I did not receive specific funding for the homeless shelter but rather looked at the existing funding we had in house and how I could use the funding and activities there in to support the pilot. No one would fund a shelter as there was no precedence, this was the first of its kind and there was no evidence that it would survive.

The dates as she asked for were the ultimatum issued to the Safe House residents on December 30, 2009 and the closure on February 6, 2010 or thereabout, See more

The Quietus ……… The Safe House Project Closes

The Ultimatum on December 30, 2009

What was the thought and motivation behind doing the pilot:

The fact is, due to the high levels of homophobia in Jamaica, homelessness is almost always an eventuality for gay youth from as early as 11 years old. The situation affects both lesbians and gay men, however, due to the heavy resistance to homosexuality among men, they usually face the immediate physical issues and most visibly, ending up on the street. For the forgotten voice of Lesbians, homophobia is no less real, rather as always women suffer in silence, with homophobia being experienced in the form of rapes, forced relationship arrangements and in situations of homelessness, they usually end up at a female friends house or a male friends’ with whom they would usually have to engage in sex.
For me, there can really be no effective work aimed at truly finding the solutions to the core vulnerabilities both to HIV and LGBT issues, until we went right to the nucleus of it, and the nucleus is homelessness.

Process:

I spent a lot of time understanding the community, my working hours went straight up into midnight, at detriment of both my relationship and health, however to serve a community, you have to understand them and their issues. Homeless and sex working MSM would come by JASL and nights and we would just talk randomly, about their childhood, experiences on the street, many a times I was exposed to information that had me cringe, but I knew I could not do that openly and if I did, I would have to be quick to explain that I am in shock, so as to prevent them from feeling uncomfortable about sharing.

3 focus group sessions were convened with the guys, transcribed by another JASL staff member with the objective of collecting info about their experiences on their family life prior to being homeless; their experiences on the street; where they would like to see themselves in the future; what kind of solution they think would be best. The homeless guys were used to get participants to the programme, and they did this willingly. We offered shower and clothing and sometimes food.
Miraculously, the landlord at Upper Musgrave had a vacancy, a 3 bedroom space that is now JFLAG’s office, I spoke to her about the pilot programme and she was willing to rent it for $40,000 per month. AMFARs project had money for grants to gay people to support rental for 1st month, I decided to use that money to support the rental for the project for the 6 months. Giving a gay man who became homeless the first month’s rent is a real waste of time and unsustainable joke use of resources, usually, they are unemployed and can’t afford to pay rent; they lie through their teeth to get the funds; the reasons for them being homeless was not investigated.
At the time I was going ahead with the plan, I heard no vocal oppositions, now I look back at it, everyone went quiet, perhaps because i was so enthused about it, I never appropriately interpreted this quiet lack of active involvement in the process. I started on a rampage begging and partnership seeking: Food for the poor and Red Cross from beds and food; Ministry of Health for counseling services and medical care; and the community for every thing and buy-in.

The end product was a project officially and initially housing I believe 12 persons including one woman, who was picked up off the street by a concerned citizen with very advanced case of AIDS and at the point of dying. I remember her with a huge smile on my face, as although I know the policy was not to house people at the office, I hid Candy at JASL and within 3 days of interacting with people, eating, smiling and being hugged despite her sores, one could hardly believe she was the same person, almost dead, that was brought in just days ago. Our tenancy began, we had mattresses to put on the floors and beds, a doctor was in place, and they were all screened. I want to make it clear that HIV + status was not a requirement for entry to the programme but over 90% of the participants to the programme were HIV + and with some with more than one opportunistic infection, their health situation was traumatic for both the doctor and I, almost all were put on ARV and other treatment immediately, and with of course as much privacy as we could manage, with the nurse keeping and administering the medication. Many were at different stages of denial, as well as displaying mental and psychological issues, our counselors were Sharlene Jarrett from the National Programme and the late and amazing Howard Daley. Mrs. Jarrett was employed to the National HIV Programme as Monitoring and Evaluation specialist but also did counseling, she agreed to do it free of charge. Howard Daley was one of the brave 5 that started JASL in the first place and it was an honour to meet someone like him, his fees were supported by AMFAR, and he conducted the group counseling sessions.

Remedial classes were supported through the Global Fund project, and provided tutoring in Spanish, Mathematics, English and Computing, all delivered by LGBT teachers. I included Spanish as learning a second language would also expose them to another culture, many had only dreamt of cultures outside of Jamaica, and learning Spanish was one other attempt to distract them from Jamaican culture and plant hope-seeds that situations can be different.

They all had strong interests in performing arts and an LGBT dancer was also brought in to do tutoring under another dream project of mine, I was hoping to develop and demonstrate using the Pilot Project was Phoenix Rise, a LGBT performing arts and behaviour change programme. Of course there were behavioural issues, arguments and verbal fights, the behaviour change process had just begun, giving someone food, clothing and shelter does not immediately convert them to angels, when they have had to develop demons to address the harshness of their realities. Respectful dialogue was the method I used to address issues, they are used to the language of aggression, they have no respect for life or anything, speaking aggressively to them would only cause an even bigger flair up in an effort to protect themselves, and it worked each time, there was a rules list and sanctions for repeat offenders. Other gay men who had experienced homelessness, rallied around the project, providing support such as food, aiding in quelling issues, not sure how but if there were any issues, they were first on scene.
Let me be clear, whilst the shelter was the first attempt at providing/testing a structured solution to homelessness, the community has itself been dealing with its own homelessness issues on smaller scales. There were interesting family models created that I did not see anywhere else in my research on homelessness, Gareth, Macy, Spencer and a whole lot others were already housing and caring for gay men. This is the model that ultimately I was working on providing a justification for supporting. In behaviour change and social development, we cannot avoid looking at the natural solutions that are developing in response to our problems, these must be understood and supported with structure and technical help. The gay mommys and daddys needed parental training, support group sessions, and a small financial contribution to support them in being the solution they already were to homelessness. This model would solve a few issues, not least of which is the cost and unsustainability of providing a one shelter for homelessness: the families already existed and had food, clothing, bedding etc set up to support the homeless. Providing a place for board, showers and sleep is not what this community needs to solve homelessness and the desperation of it, what is needed is a re-entry into a FAMILY, who cared about who they are and what they do, who held them accountable and who loved them.
When I was asked to pull the programme before its maturity period, I was devastated and heart broken. I resigned from my post as Executive Director, knowing the core vulnerabilities of our work, I could not continue ignoring and working like I didn’t see them, it would be labouring in vain, attending meetings in luxurious hotels, traveling to exotic places and coming home to cut my eyes at the core nucleus of HIV and LGBT issues, I personally could not live with myself. I had to take a very long break, having suffered a nervous breakdown, being suicidal and having been diagnosed with severe depression, I was mentally unstable for about 2 years after the experience as I learnt the hard way, that not everything is always as it seems.

September 10, 2012

Dr Heather Little-White on “What is Buggery?”

Heather Little-White, PhD,

A 23-year-old woman sitting in a group of her peers discussing the issue of buggery and whether the law making it a criminal act should be repealed seemed a little uncomfortable and could not help asking, “What is buggery?”

Her question was very instructive as it is often assumed that persons know what these sexual acts entail and may unknowingly engage in them in consensual or coerced situations.

Buggery is historically referred to as a ‘crime against nature’. Buggery, also known as sodomy, is defined as anal intercourse between a man and another man, a woman, or an animal (Collins English Dictionary). As a British English term, buggery is close in meaning to the term sodomy and is often commonly used today. The word bugger is still commonly used in modern English as a mild exclamation for disgusting acts.

English law

Buggery is a detestable crime, contrary to the order of nature as a sex act by mankind with mankind or with brute beasts, or by womankind with brute beasts. Buggery is a specific common-law offence, encompassing both sodomy and bestiality.

Originating in English law, buggery was first used in the Buggery Act 1533, while Section 61 of the Offences against the Person Act 1861, titled ‘Sodomy and Bestiality’, defined punishments for “the abominable crime of buggery, committed either with mankind or with any animal”. The definition of buggery was not specified in these or any statute, but rather established by judicial precedent. (Halsbury’s Laws of England.)

Unnatural intercourse

Over the years, the courts have defined buggery to include either anal intercourse by a man with a man or woman, or vaginal intercourse by either a man or a woman with an animal. But it does not include any other form of “unnatural intercourse”. Under the law, if one is charged with buggery, neither consent nor the act of marriage can serve as a defence.

In the United Kingdom, the punishment for buggery was reduced from hanging to life imprisonment by the Offences against the Person Act 1861. As with the crime of rape, buggery required that penetration must have occurred, but ejaculation is not necessary. To be charged for buggery, it must be proven that penetration took place, or by having successful tests on blood or semen to show that there was actual intercourse. If this is not successful, there may be a lesser charge of gross indecency.

Anal sex

Over time, laws have changed in keeping with contemporary approaches to sexual intimacy. Anal sex between consenting adults is no longer a crime. In most jurisdictions in England and Wales, homosexual buggery was decriminalised in 1967 and the age of consent was raised. The Sexual Offences Act 2003 fully removed buggery as a concept in British law, introducing an equal age of consent and not differentiating between vaginal and anal sex.

Abolition of the offence of non-consensual buggery between persons was abolished in 1993 in the Republic of Ireland as criminal prosecutions for buggery [anal sex] had not taken place for years. However, the 1993 act created an offence of “buggery with a person under the age of 17 years” to give protection to children, viewing the act as “defilement of a child”, encompassing both “sexual intercourse” and “buggery”. However, the act of buggery by way of bestiality is still unlawful under Section 61 of the Offences against the Person Act of 1861. Earlier this year, a man was prosecuted under this Section after a woman died as a result of an allergic reaction after he had intercourse with his dog. (Reilly and Gavan, 2011)

Buggery of an animal

This offence is not too common today and, when discovered, raises public disgust to the point of violent attacks on the perpetrator. Encouraging tolerance towards bestiality, the public should weigh the act against the following parameters:

Was the act committed in private?

Is it likely to be repeated?

Was injury done to the animal?

Was the animal commercially exploited?

Were children involved in the offence?

Violence against women

Buggery is also considered gross indecency in the act of anal, sexual intercourse without consent, traumatising victims and leaving them in pain. Where anal intercourse takes place without consent, there should be a charge for rape as proposed by women’s organisations. The 1999 UN General Assembly’s designation of November 25 as International Day for the Elimination of Violence against Women serves to highlight the fact that acts like sodomy are violent acts against women.

Violence against women and girls is pandemic with at least one out of every three women around the world beaten, coerced into sex, or otherwise abused in her lifetime. The abuser is usually someone she knows.

Buggery and HIV

In his article on ‘Buggery & Health’ in The Sunday Gleaner (November 13, 2011), Byron Buckley wrote extensively on buggery as a public-health issue in the context of “a consistent increase in HIV incidence among homosexual men since the late 1990s”. This increase among homosexual men is attributed to unprotected anal intercourse compromising the advances in the prevention and treatment for HIV/AIDS. Buckley further added that compared with other sexually active adults, men who have sex with men are more likely to be infected with several other sexually transmitted diseases.

At a recent meeting of the UNAIDS Caribbean regional support team, it was announced that HIV prevalence rates were significantly higher among men who engaged in sex with men in countries where buggery laws were not repealed.

Risky sex

Anal sex is risky as the cell walls of the rectum are very thin and are easily torn on penetration. Before inserting foreign objects, they should be checked to see if they are free from sharp and rough edges. It is recommended that lubricated condoms and latex gloves be used for anal sex. Symptoms of injury in anal sex include abdominal pain, sudden change in the number of times for defecation and black and bloody stools.

Abolish buggery laws

There have been calls from several sectors, including the United Nations Human Rights Committee, for Jamaica to abolish its buggery laws. Some persons believe that legitimising homosexuality will reduce the incidence of HIV/AIDS. However, there is no guarantee that this will happen unless safe sex is practised all the time during anal penetration.

It is interesting to note that Britain scrapped the homosexuality laws in its five Caribbean territories after legislatures refused to do so. The British Privy Council, which acts as the highest court for the territories, decriminalised homosexual activities between adults in private. The order, which is already in effect, applies to Anguilla, the Cayman Islands, the British Virgin Islands, Montserrat and the Turks and Caicos. The British government had for years experienced great difficulty in persuading local politicians to repeal the laws in island legislatures. Anti-gay laws in the islands violate human rights agreements signed by Britain.

Buggery morphed into anal sex today is practised among two consenting adults, so if the act is repealed, then the word ‘buggery’ would no longer be used in everyday language.

July 26, 2012

UNAIDS Director says the PNP offers hope for the repealing of the buggery law …… but some concerns exist

UNAIDS Regional Director of the support team in the Caribbean Dr Ernest Massiah says the return of the Peoples National Party PNP in Jamaica offers hope that the tide will turn where the repealing of the Buggery Law is concerned this he interprets as a pre-election commitment by the then opposition leader now ruling Prime Minister Portia Simpson Miller to review the legislation which I still see as a suggestion by her in answering the question posed by Dionne Jackson Miller in the leadership debate in 2011 in the run up to the general election in December last. He spoke at one of the sessions at the AIDS 2012 conference in the US.

He also said the organization had received encouraging feedback from three unnamed Caribbean Prime Ministers in private discussions and that when the time is right Mrs Simpson may be named as one of the three then.

I and some others in the community are unclear as to Mrs Simpson Miller’s answer and her real position (see audio below) as at the leadership debate and subsequent followup comments by her along with press releases from the PNP itself denying it promised to repeal any buggery laws. Have I missed something?

also see my post on December 30, 2011:
PNP Wins …………….Hope for LGBT People ???

here is one of the press releases hinted to above where the PNP had denied allegations from the ruling party then turned opposition now the Jamaica Labour Party JLP as they lost the election:

NO REPEAL OF BUGGERY ACT, SAYS PNP

December 27, 2011: The People’s National Party (PNP) has labeled as deliberate mischief making by the Jamaica Labour Party (JLP), suggestions that it supports a repealing of the Buggery Act. The PNP says that is not its position.
The PNP says the JLP has been circulating the false assertion about the Party’s position on the matter in a desperate bid to make the matter an issue of contention to gain political advantage.

PNP Campaign Director, Dr. Peter Phillips said at a press conference to wrap up the party’s campaign today that the PNP has no position to repeal the Buggery Act, and that the issue arose out of a question posed to party leader Portia Simpson Miller during the recent national debate with prime minister and JLP leader, Andrew Holness.

“This arose out of a question and there is no position taken by us of a repeal. We recognize that there are some persons, who for their own partisan political reasons, would wish to distort the Party’s position as it relates to the Buggery Act,” Dr. Phillips said.
He adds that the Party Leader has proposed a review of the Act, and not a repeal of it.
“During the review, every Member of Parliament will be required to bring to bear on the discussions, the views and the opinion of his or her constituents. At the end of the review, if a vote is to be taken, the vote will be a conscience vote, which means each Member of Parliament will vote according to the directive of his/ her constituents,” Dr. Phillips says.

This is in keeping with the position taken by the PNP President, who indicated at the national debate that the people of Jamaica should let their voices be heard on the matter through consultations spearheaded by Members of Parliament, so that a Parliamentary debate and vote on the issue would not be confined to the views of Parliamentarians alone, but rather, would be reflective of the views and will of the people in constituencies across the country.
Responding to questions posed by journalists about accusations leveled on the campaign trail by Daryl Vaz that the PNP had received funding from overseas-based gay rights groups, Phillips said such accusations were not true and a “total fabrication” as the party had in no way supported “any gay agenda”.

“This is a total fabrication of Mr. Vaz and his very active imagination and speaks to the desperation in that (the JLP’s) campaign,” said Phillips.
The PNP will end its election campaign today with a tour of western parishes and culminate with a meeting in the South West St. Andrew constituency of Party Leader, Portia Simpson Miller, followed by a gospel concert at the party’s 89 Old Hope Road headquarters.

Executive Director of JFLAG Dane Lewis at the time had said that the Prime Minister missed an opportunity to make a bold declaration on securing rights for all Jamaicans, he continued on a telephone interview that “We’re very encouraged by the bold statement from a Jamaican politician the opposition leader Miss Portia Simpson Miller, I am very disappointed that the Prime Minister with an opportunity to make as bold a statement chose the lower road. It is going to take a conscience vote it’s gonna take the leaders of this country to make some bold steps to recognise the rights of all Jamaicans.” He also said he trusts the sincerity of the opposition leader, he doesn’t think it’s a ploy to win the votes of the gay community days before an election.  He said too that it was not about threats on withholding aid by UK and US governments who have now tied aid to LGBT rights.

Here is the other press release that came on December 21st from the PNP denying they made any promises to repeal Buggery.

PNP HAS GIVEN NO COMMITMENT TO REPEALING THE BUGGERY ACT

Kingston, December 22, 2011: The People’s National Party notes that following Tuesday’s leadership debate, some persons have been suggesting that PNP President Portia Simpson Miller, has given a commitment to “repealing” the Buggery Act. The PNP uses this opportunity to state clearly that Mrs. Simpson Miller gave no such commitment.
The PNP President said it was time that the Act be “reviewed” and all members of the House of Representatives provided with an opportunity to vote on the matter based on their conscience.
It would be expected that in such a vote, Members of Parliament on both sides of the House, would take into consideration the views of their constituents.The PNP President remains committed to her pledge to make appointments to a Cabinet led by her on the basis of competence.

here is New Nation Coalition Founder Betty Ann Blaine questioning the PM’s on buggery earlier this year among other audio including my response as well:

Bear this in mind as well, after digging my archives I found the presentation by Mrs Simpson Miller in 2009 (poor audio though) where she sided wholeheartedly with the then Prime Minster Bruce Golding (his speech linked) on the banning of gay marriage, gay marriage rights by the way was never asked for by the LGBT advocacy structure at that time but it was dishonestly pushed on the agenda during the Charter of Rights debate then as a smoke screen to deny us recognition in the Charter. The clause that had discrimination as an infraction then was also removed from the draft prior to this speech after successful lobbying by none other than the Lawyers’ Christian Fellowship with support from none other than reverend Al Miller.

She said on October 20th 2009 - Mr Speaker when we accepted the final report from the joint select committee that were looking at the bill we were completely satisfied with their recommendation of a provision to restrict marriage and like relationships to one man and one woman within Jamaica and that the provision should be specifically spelt out so that there could be no ambiguity ………. yes one man one woman (laughter in the house) and if you are Jamaican and go overseas the same applies ………..

Has Prime Minister Simpson Miller changed her mind or is evolving as President Obama did and is moving towards having the review done and will she get the need support as per conscience vote to make the repeal possible or at best decriminalization from her 59 members of parliament especially folks such as A.J. Nicholson and first time MP Lambert Brown who opposed condoms in prisons saying it was homosexuality being snuck through the back door? Mr. Brown said. “Those who are promoting condoms in prison are using the back door to promote homosexuality which is illegal.”

also see these two posts I had done where another first time MP poured cold water on the buggery review suggestion: PNP’s Damion Crawford on Homosexuality’s legality ………. and
PNP’s Damion Crawford says it’s highly unlikely buggery review will happen …….. it’s not important now he concludes

for your review here is the actual debate video below and her answer to Dionne Jackson Miller also click here to see her blog: http://newsandviewsbydjmillerja.wordpress.com/2012/06/28/jamaica-and-gays-are-we-homophobic-or-not

here is a follow up video from TVJ where Mrs Miller defended her answer in the debate and the JLP’s accusation of the PNP repealing buggery originally aired December 24, 2011:

Who will assist with any backlash that may occur (if any) especially on the ground in terms of violence and frontline activists not to mention persons perceived to be gay who may be targeted?  we must expect anything I say as previous experience has taught us such as the Canadian group EGALE tourism boycott suggestion which led to some resistance and incidents towards LGBT citizens and a spike in the numbers of homo negative episodes, I am not comforted by the revelation by UNAIDS this should have been kept close to their chests and proceed with the talks.

Time Magazine while naming her as one of the 100 most influential for 2011/2 said on their site: “………Portia is promoting full civil rights for gays and lesbians, a courageous move in a country with a violent history of homophobia”

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Just come clean and done nuh and mek we know what is what Portia. I do not see it as a commitment or a promise as others do but instead just her opinion at the time of being questioned and a good political tool at the time to win the election given the lethargy to politics after the drawn out JLP run with the Manatt Dudus commission of enquiry in particular.

Peace and tolerance

H

July 13, 2012

The Club Matter – Unprofessional Police Behaviour Must Stop

The following appeared in the Gleaner recently and I am not comfortable with the editor’s decision to call the writer a disappointed scammer as if to suggest the persons held at the recent raid in St Ann at a birthday event were all scammers in attendance. This has the looks of a certain Superintendent last year who castigated the gay community as scammers hence leading to an apology that came from the police high command.

Aren’t persons innocent until proven guilty?

Why did an entire event had to be shut down just to find supposed scammers?

Do the cops have a clear idea of who they are actually looking for? it doesnt seem so to me

I feel that the community is being used as scapegoats as well in a vieled homophobic move, yes there maybe guilty parties amongst the LGBT community but why broad brush an entire set of patrons at an event?

Here is the letter to the paper non the less, see what you make of it.

The Editor Sir:

I FEEL moved to give a detainee’s response to your article of Sunday, July 8, 2012 titled ‘Scammers party in drag’. It certainly appeared to have been an intelligence-driven operation as the raid was conducted with the support of the army. Further, Senior Superintendent of Police (SSP) Leon Clunis came and hand-picked the persons who, in my view, he came for in the first place. For the record, this numbered fewer than 10 and all other persons were released. If this was in fact intelligence-driven, why then were all the 100-plus persons detained and transported to the station for “processing”? Was it a ‘name-and-shame’ moment? SSP Clunis did instruct persons not to hide from the cameras.

I find that rather interesting as the senior superintendent was the one insisting that persons should not hide and, in fact, instructed persons to stand up and remove the covering from their heads. I recall him saying, “Why unu a hide, unu fi proud a weh unu be.” Ok, so he is not interested; for what purpose then was he facilitating the photographing and videotaping of the individuals to the extent that he was using/abusing his authority to instruct persons not to hide from the camera? Why then were the officers asking individuals questions like, what role do you play? Do your parents know that you are gay?

Operational protocol

Mr Commissioner, does operational protocol allow for aspects of operations to be videotaped by police personnel? I ask this because, according to SSP Clunis, the police is not interested in one’s sexuality or sexual preference, yet an officer armed with a camcorder and flashlight took video footage of the persons lying on the ground in the building.

I must commend the few officers (from both the JDF and the JCF) who acted in a professional manner throughout the operation. I recall seeing the disgust on one officer’s face at the manner in which another officer was behaving. It would appear, though, that the senior superintendent and his team need to better review operational procedures and ensure that all members of the team understand what these are, as well as what their individual roles are in the process.

Our police force needs to move away from media hypes and focus on real crime fighting.

DISAPPOINTED SCAMMER

Jaysean97@hotmail.com

Editor’s Note: The pen name, “Disappointed Scammer” was inserted by the editor because the letter writer requested anonymity.

Meanwhile

A proprietor of a nightclub in St Ann who was hauled before the Corporate Area Resident Magistrate’s Court on Friday for fraud was granted $150,000 bail.

He is Lorindo Powell from Kingston 13, who has been charged with conspiracy to defraud, obtaining money by means of false defence, conspiracy to defraud, possession of criminal property and involving in transaction that includes criminal property.

Powell is to return to court on September 6, when the matter will be mentioned for plea and case management hearing.

Allegations are that the accused conspired with other persons and defrauded a 75-year-old woman in the United States of several thousand dollars.

The court heard that the accused told the victim that she won US$5 million and she was to send money to him to process her winnings.

Sexual orientation

In applying for bail, Powell’s attorney told the court that his client desperately needs bail as he was beaten by other inmates while being detained because of his sexual orientation.

“Your Honour, I went to look for the accused while he was detained and the amount of “blanks” that were fired at me, if those were live rounds I would have been a dead man today,” the attorney told the court jokingly.

As a condition of Powell’s bail, he is to surrender his travel documents and report to the Hunts Bay Police Station on Mondays and Thursdays between the hours of 6 a.m. and 6 p.m.

July 5, 2012

CARICOM heads of government urged to strengthen sexual rights

CARICOM heads of government urged to strengthen sexual rights

Regional civil society organizations have called on the Caribbean Community heads of government at their July 4-6 summit in St Lucia to implement an Organization of American States (OAS) General Assembly resolution on sexual orientation and gender identity (SOGI) that every state supported last month.

They were also urged to fully join the Inter-American human rights system, according to a press release from the Caribbean Vulnerable Communities Coalition (CVC) yesterday.

CAFRA (Caribbean Association for Feminist Research and Action), CariFLAGS (Caribbean Forum for Liberation and Acceptance of Genders and Sexualities) and the CVC were joined by NGOs, Society Against Sexual Orientation Discrimination (SASOD) in Guyana, and United and Strong in St. Lucia, where the meeting is being held.

The annual OAS SOGI resolution has been supported by every Caribbean state for the past five years, the release stated.

Among several other actions, this year’s text calls on member states to “consider, within the parameters of the legal institutions of their domestic systems, adopting public policies against discrimination by reason of sexual orientation and gender identity” and to “consider signing, ratifying, or acceding to, as the case may be, the inter-American human rights instruments”. “Other citizens in the Americas have all these human rights protections guaranteed by Inter-American regional instruments and mechanisms that millions of CARICOM citizens simply do not enjoy,” SASOD’s Joel Simpson noted.

The release said further that SASOD helped to pressure the Guyana government through the UN Human Rights Council’s Universal Periodic Review process to undertake a national consultation on whether the state should continue to criminalize cross-dressing, and same-sex intimacy between consulting adult men in private.

“One has to wonder how committed our leaders are when the region is so underdeveloped in terms of human rights. Human rights protections are part of citizen security. We live in countries in the hemisphere where the state’s local protective mechanisms are the weakest and indicators of inequality, like access to justice and HIV rates, are the worst. And our citizens don’t enjoy recourse to regional bodies when our local protections fail,” Simpson stated.

Meanwhile, the advocates also protested CARICOM’s marginalization of civil society participation in regional governance and demanded a greater voice in contributing to the future of the Caribbean.

“CARICOM doesn’t yet have the simplest structures for routine civil society participation, unlike most other regional institutions,” said Trinidad-based Colin Robinson, who is leading the private-public partnership to develop a region-wide human rights advocacy network CariFLAGS.

CariFLAGS leaders include NGOs in Antigua, Belize, Grenada, Guyana, Jamaica, St. Lucia, Suriname, and Trinidad and Tobago.

The advocates noted, however, that PANCAP (the Pan Caribbean Partnership against HIV and AIDS), is one of the few regional mechanisms that has genuinely sought to include civil society in its governance.

CARICOM’s Head for Human Resources, Health and HIV/AIDS, St. Kitts-Nevis Prime Minister Denzil Douglas just last week “endorsed a new complementarity in mission between the new Caribbean Public Health Agency and PANCAP, with the latter sharpening its focus on human rights, vulnerability and social justice, the release added.

“If we’re serious about PANCAP’s commitment to human rights, what we are asking are these two concrete steps by Heads of Government to express that,” said St. Flavia Cherry of the St. Lucia-based CAFRA, which is also campaigning to strengthen protection of sexual and reproductive rights regionally.

See more Here:

COALITION OF LGBTTTI ORGANIZATIONS WORKING IN THE OAS CELEBRATE THE APPROVAL OF THE FIFTH RESOLUTION ON HUMAN RIGHTS, SEXUAL ORIENTATION AND GENDER IDENTITY

The Coalition of LGBTTTI Latin American and Caribbean organizations, formed by groups belonging to more than 23 countries expresses in this communiqué its assessment of the activities of the 42nd General Assembly of the Organization of American States, which took place in Cochabamba, Bolivia on June 3rd-5th, 2012.
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