Gay & Bisexual Intimate Partner Violence, Homophobic Incidents & Crisis Communication

Crisis communication is not intended to answer all questions or fill all needs it is just a basic outline of options you might consider if and when you are in the midst of a crisis and need help.

Crisis is any situation that threatens the integrity or reputation of your company or NGO, usually brought on by adverse or negative media attention. These situations can be any kind of legal dispute, and misrepresentations that could be attributed to your company. It can also be a situation where in the eyes of the media or general public your company did not react to one of the above situations in the appropriate manner. This definition is not all encompassing but rather is designed to give you an idea for the types of situations where you may need to follow a plan.

For purposes of this post the omission of same gender loving women in large part is not intentional or meant to exclude them but as there are hardly any documented records of such instances but more so on the side of MSM in my archives, men who have sex with men in the broader context. Exploitative same sex relational matters do often result in some injury from an unconfirmed standpoint when the grapevine system gets wind of them but when jealousy is the reason those conflicts tend not to often lead to a murder, it seems that there has been a preoccupation with more powerful or middle class victims whose cases are used to legitimize homophobia as if only such persons suffer same.  A discussion of sorts has carried on in response to a Gleaner letter some days ago where the writer implored LGBT persons to report incidents to predominantly JFLAG while trying to differentiate intimate partner violence from genuine homophobic cases.

There is more than enough evidence to prove beyond the shadow of a doubt homophobia in Jamaica

Here is the letter firstly: Gays Should Report Violent Encounters

THE EDITOR, Sir:

One of the more unnoticed effects of living in a heteronormative society is the lack of information on, and services for, victims and perpetrators of violence in gay relationships.

This issue is almost as taboo in the (lesbian, gay, bisexual, and transgender) LGBT community as homosexuality is in the wider society. There are already so many negative stigmas attached to gay couples that no one wants to publicly voice that there are instances of violence in many gay relationships.

In the same way that men and women abuse each other in heterosexual relationships, they abuse each other in gay relationships, too. Such violence has come to be known as intimate partner violence (IPV) and is defined as physical, sexual or psychological harm by a current or former partner or spouse.

Due to the nature of gay relationships, especially in Jamaica, many victims and perpetrators of such violence are reluctant to seek help or report incidents of violence in their relationships to the police. IPV can have devastating effects on LGBT people who are already prone to other types of violence at the hands of homophobic people, especially in conservative societies. Many are also reluctant to speak out about it because of the lack of shelters for victims, the general negative sentiment towards gay people, and for some, the fear of being ‘outed’ as gay.

counselling

While this fear is understandable, it is important that victims report incidents of violence, and that perpetrators seek help through counselling to reduce and eliminate IPV. I am encouraging all LGBT people to report all incidents of violence, whether as a result of bullying or IPV, to the police as well as to Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG). And I want to use this opportunity to reiterate that J-FLAG does not condone any type of violence against any person regardless of their sexual identity.

The LGBT community and allies need to be a support system for those in need – both victims and perpetrators – and encourage people to speak out against all types of violence, both in and out of relationships.

P. ANDREW, pgjen_13@hotmail.com, St James

Sadly it seems as implied in this letter a fall in reporting from persons affected by homophobic violence or is JFLAG now finally trying to get its act together when it comes to proper data collection and archiving with evidence of same. I have been openly critical of the incident reporting mechanism they had when I went there as Admin Finance Officer doubling as Crisis Intervention and the poor record keeping of files and incomplete reports of some serious incidents at times, I had to do some major overhauling of the forms and files at the time, examples include persons with injuries yet no photos, police station reports (even rejected visits or cop service number and times) or supporting pictures or documents such as receipts from clinics or prescriptions for injury treatment or dressing and drugs added to the file to make it substantive, the follow up visits that the form calls for at the end before the file is closed or handed over to the relevant person is often blank for many cases. This poor recording keeping or data collection has had and seems to continue to have a serious dent on the all important crisis communication when it comes to public advocacy.

Crisis communication is such as important piece for Jamaica LGBTQ advocacy and more details of cases (barring names or use of pseudonyms) must be brought forward. Nearly 80% of the clients I interviewed who came into the JFLAG office to file reports the session(s) were recorded on audio, unfortunately those were lost as my successor I gathered did not monitor the files and the systems crashed with the files lost forever, so much for simple good administration.

The cynicism and disbelief from anti gay groups, religious fanatics and even legislators is clear over the years with support from media, public commentators and even the police high command dismissing prominent cases as lovers’ quarrels and these major cases are used to justify dismissing any others that have a homosexual involved while not taking into account every case on its own merit. The deceptive use of non homophobic cases by some LGBT lobbyists over the life of the struggle has not helped any either as it only seeks to reinforce the resolve by anti gay voices as we are viewed as liars when such public agitation takes place. Uncompleted court cases for example that of the John Terry matter from 2009 though the stalling at the preliminary hearing level has already revealed some familiarity with the accused and the deceased despite a note was left suggesting death for homosexuals, alleged used condoms were also said to have been found in the home, whether they have evidence of the persons therein is still unclear. The Dean Moriah matter as well sadly who was murdered earlier this year yet long before the investigations were completed some overseas based advocates rushed to judgement and paraded the matter as a homophobic incident even as the trial creeps in our court system, by the time the police high command responded the blanket dismissal of homophobic killings was the subtext of the response hence implying dishonesty by LGBT advocates and a feeling that Jamaica has been falsely labelled as homophobic.

see: September 18 for Dean Moriah Matter 

The mistrust of local advocates I fear still seems to exist in some 7 reports I have received by phone, social media and through other groups when persons are asked to engage JFLAG for example persons simply refuse and even go as far as to label the group as classist and not interested in assisting certain types of persons or feeling that their matter won’t be dealt with as they think it should. This mistrust challenge has been a concern from long before my time at the entity as while there I had a serious task gaining the trust of persons to release their inhibitions and make their reports, this leads to gross under-reporting. This is where our same gender loving sisters come in where there is a feeling that JFLAG is only for males and hence many women who are the subject of abuse, violence (corrective rape) and increasing forced evictions do not come forward.

Exploitative same sex relations as hinted above are also of significant import as men who do not identify as “gay” in the Jamaican context as “bad man” feel threatened in some way as the description (fear of feminization of any sort) for some and power differentials that obtain in this unions of sorts played out in violence for purposes of control. A constant in most of the cases over the years is the class issues right before us, there is usually a middle to high income or relatively comfortable gay man who ends up being the deceased versus a hyper-masculine type from the lower socio economic classes who often do not take any personal items of the victim after the fact and sometimes ends up using the gay panic defence strategy to suggest some sort of implied sodomatical attack to justify the self defence response to kill the person. These same hyper-masculine types have a real fear of exposure in their own class or community so the relations with other more powerful or resourced men is crucial which is also pegged on the belief gay men are more resourced and will pay for such sexual relations.

There maybe is some truth to that as to maintain stealth/secrecy some exchange may occur but the misogynistic view pegged to masculinity by Jamaican standards men do not want to feel subservient to another or in a weakened position so when something changes in that union riddled with a constant power struggle (the so called monied or resourced gay man controlling the union or sex versus the masculine prowess of the hyper-masculine brother maintaining his ground) leads to some violence as the lower resourced man responds the way he knows how that is violence as we are well taught in Jamaica so to do. Any form of disrespect is often met with a violent reaction and seeing that gay men aren’t seen as real men by general social standards the aggressor feels justified in carrying out the attack even using homophobic slurs in doing so despite the intimate familiarity between the parties. These types of cases have factored in the public domain more so than others especially owing to the fact that the victims are prominent citizens or foreigners such as UK Consul John Terry or local Ambassador Peter King, Julius Nelson (son of oppositions spokesman on National Security Dwight Nelson),

Philanthropist, community legend and party promoter Michael Melbourne victim of a trick by a hyper-masculine type

Micheal Melbourne (community influential) murdered at his apartment on Worthington Avenue or Brian Williamson whose killer “Wingee” was a part of the MSM population who also died in his own apartment. The Brian Williamson case though the motive turned out not to be a homophobic one directly the response from the public is where the evidence is strong of the homo-negative feelings that run in the Jamaican psyche, persons literally rejoiced the morning outside the building as the undertakers and police cordoned off the area to collect the body and process the crime scene. Most of those cases above have remained in the public domain for so long while not having direct homophobic causations that they inform how members of the public judge new cases as non homophobic matters.

“Steve” Lenford Harvey matter just ended with sentencing shortly but the motive is still a bit unclear as robbery seems as the original causation but upon discovery of photos on a laptop it morphed into something else with an added homophobic feature. Also see: 2 Found Guilty Of The Murder Of AIDS Activist, Steve Harvey, Sentencing September 26

Transgender murder victim “Gully Queen” whose case was labelled as a homophobic case …. misdirected homophobia towards a gender non-conformist should be the correct sub-text in describing this one I suggest

also see: Female cisgender imperative thwarted: 17 year old pre-op transgender woman murdered

The Dwayne Jones murder mistmatch in its reporting has not helped either as (s)he was a transwoman but mistakenly took for a gay man crossed dressed in  a public space with a deceptive motive to trick straight males at an outdoor entertainment event in a rural district. Some activists said he was gay and used that to justify the public advocacy while others said the correct gender identity which confused some folks so some Jamaicans and public commentators simply dismissed the whole as a another gay deception with a satisfactory outcome believe or not.  The outrage that was to have been displayed was not evident except by sections of the LGBT populations.  A recent television special one year since the murder shows up the carelessness frankly of Gully Queen herself and friends that faithful night but who is going to say it openly? that in a sense she gave her own life away in a sense as they clearly thought they understood how to “pass” in public which clearly they didn’t.  See that documentary HERE …….. Host Dionne Jackson Miller takes a look at the issues of the murder of Dwayne Jones aka Gully Queen one year ago and some other related issues to do with homelessness, displacements and forced evictions of LGBT youths with guests, issues to do with passing in public, honesty & integrity about one’s real gender scream for attention in this presentation which warrants better programs from LGBTQ advocacies & interventions specific to transgender individuals navigating public life in Jamaica as misdirected homophobic violence can lead to more incidents such as the tragic murder of Gully Queen,

Other genuine cases also having persons of lesser ilk have not been put to good use to prove the active homophobia in Jamaica when it occurs in more meaningful ways, the cross dresser beating in Trelawny have been overplayed that it has no impact anymore in a sense, the JFLAG listing of cases it did some years ago only show numbers, no outcomes in terms of which were solved. There are several other cases that can be made to help the public to differentiate genuine crimes with a homophobic motive versus crimes of passion as the others are called by detractors.  Cases such as the Manchester mobbing in January 2008 comes to mind complete with photos I took of the victim when I took the report, the lesbian picketing matter in St Catherine some years ago also has photos, the stabbing incident of a transman in Half Way Tree in full view of persons is also another with strong evidence. He now resides in Canada.

Now deceased man who was chopped in Trelawney in November 2002 and featured in the Human Rights Watch Report “Hated To Death” 2004

There are several points reports can be made:

The Police in some instances do take reports the problem is there are still old feelings of hate and stereotyping in the force that needs removing.

Aphrodite’s P.R.I.D.E Jamaica catering to lesbian, transgender and bisexual persons but does engage MSM via crisis intervention and has aided persons in resolving matters.

GLBTQ Jamaica of which this blog is apart continues to receive, engage persons and make referrals to those who make reports or know of incidents for the past 7 years via yours truly, Tel: 1-876-813-4942

I still recommend JFLAG despite their issues.

Quality Citizenship Jamaica, QCJ which is a lesbian, bisexual women entity more so for advocacy but they do some crisis intervention.

Peace and tolerance

also see more crisis communication related posts from sister blogs:  So Dean Moriah’s murder was NOT a homophobic killing ……. ethical issues in advocacy arise yet again

Gay Lobby May Have Lost Potential Allies (Gleaner Letter) Indeed

NO GAY RAGE – Homosexuals Are Not Targeted For Violent Crime, Say Experts

Gleaner claims new backlash towards the gay lobby due to MSM homelessness in Kingston

Jamaica Observer deliberately aiding the further discrediting of the remaining LGBTQ credibility in public advocacy……

Police crack College of Agriculture, Science and Education lecturer murder

Betty Ann Blaine on the big gay lie ..

Betty Ann Blaine on Poverty, children and the Buggery Law …. and that awful confusion of homosexuality with pedophilia 

Questions on murder/buggery case in court

The failure to address or tweak the crisis communication aspect of public advocacy is what has slowed our progress greatly in public advocacy that could have been made.

H

International Day of Action against Jamaica’s Buggery Law

also see from Gay Jamaica Watch: Independence Skewed & Still No Justice at 52 and Parliament seeks submissions for sexual offences bills

Originally prepared by Melanie Nathan

NEW YORK – On the 52^nd anniversary of Jamaica’s independence from the United Kingdom, human rights activists renew their calls for the repeal of that country’s buggery law, which effectively criminalizes lesbian, gay, bisexual, and transgender (LGBT) life.  Violation of the colonial-era law carries a sentence of up to 10 years imprisonment with hard labor.  However, the consequences reverberate throughout Jamaican society, helping to fuel widespread anti-LGBT violence.

The U.S. Department of State, the Organization of American States, the United Nations Human Rights Council, and Amnesty International have condemned the history of violence and discrimination against LGBT individuals in Jamaica and called for repeal of the buggery law.

Jamaican Prime Minister Portia Simpson-Miller has failed to act to repeal the law despite indications during her 2011 campaign that she would work with the LGBT community.  Since then, activists have filed two suits against the law.

In June, thousands of Jamaicans rallied in support of keeping the law and against the “homosexual agenda” after the government had been reportedly discussing the possibility of repeal.  Few voices openly favoring repeal have been heard within Jamaica.

Several activists at today’s protest have either been forced to flee to Jamaica or have family and friends under threat there.  Dwayne Brown, founder of Jamaica Anti-Homophobia Stand, said, “From the safety of our adopted sanctuary countries, we demand an end to the grave injustices perpetrated against our LGBT brothers and sisters.  Every day, they must fight for their lives.”

“Jamaica’s ‘Emancipendence’ celebration is an appropriate time to reflect on the realization of the dream of inclusion captured in our motto ‘Out of Many One People,’” stated Maurice Tomlinson, a prominent human rights lawyer forced to flee Jamaica.  “We are standing today, as Jamaicans in the Diaspora along with our allies, to affirm that ALL Jamaicans are citizens and deserve the full rights of our citizenship.”

Jason Latty, President of the Caribbean Alliance for Equality, said, “It is imperative for the survival and vitality of the Jamaican people that we move swiftly to repeal the buggery law.  My organization is outraged about the increasing acts of terror directed against LGBT Jamaicans.  A nation that does not respect the life and dignity of its people is a nation on the decline.”

Edwin Sesange, Director of the Out and Proud Diamond Group, stated, “This is the time for Jamaica to practice love for all.  The buggery law should be scrapped immediately before more lives are lost.  The government of Jamaica and its citizens should work towards achieving equality and justice for all its citizens, including LGBTI people.”

“In Jamaica, people masquerading under the guise of ‘religious’ leaders have carried the banner for hatred and violence directed against LGBTI people,” said Rev. Pat Bumgardner, Senior Pastor of Metropolitan Community Church of New York and Executive Director of the Global Justice Institute.  “Ending the buggery law will help Jamaica celebrate the diversity of God’s creation and honor the value, dignity, and worth of all life.”

“We plan to hold internationally coordinated protests every Independence Day until all Jamaicans can be considered free at last,” concluded Dwayne Brown.

Protests were also held in London- attended by Edwin Sesange, Director of the Out and Proud Diamond Group.

ENDS

Question is are some of the cases being put forward as homophobic actually are?

Crisis communication is so important but one had to wonder what is the use of such protest when we are not sure if the politicians are being reached in private deliberations with some effect as I am sure the folks on the other sides are also using diplomatic pressure to bear as well.

This protest also seems to be going against the JFLAG turn on the call for a full repeal instead to a more sensible middle road of decriminalization seeing that rape is not covered under the present structure. But as usual the late in the day turn by the goodly J has gone unheard in the noise following the June 29th antigay protests by religious groups.

see this post on the JFLAG change in position: JFLAG Clarifies its Agenda

(their actual position actually changed in 2012)

The narrative for antigay groups such as the recently formed Jamaica CAUSE and Lawyers’ Christian Fellowship or Jamaica Coalition for a Healthy Society is a full repeal and that is what they are campaigning on via public advocacy, so what are Maurice Tomlinson et al saying to the world that we want to continue a fight unclear as to what we actually want or is this another image suring tactic disguised as protest for rights? We need to be credible in these things and stop the fiddling around.

The aims of the struggle has to be specific and not one group saying one thing or going in one direction while others are on a frolic of their own. As for the quoted sections by the author the buggery law does not in effect criminalizes LGBT life as she puts it but an act as carried out by some gay, bisexual and even heterosexual persons, this vagueness as well in the public advocacy and foreign support though welcomed sometimes just seek to could the thrust and plant all other kinds of ideas in the minds of the public including anti gay voices.

Peace and tolerance

H

Jamaica Civil Society Coalition’s Chair on “Church Can’t Take Refuge In Buggery Law”

Paul Gardner

Christians attend an anti-buggery rally in Half-Way Tree Square on June 29. The gathering was spearheaded by a church group called CAUSE. – Norman Grindley/Chief Photographer

Also see: The Jamaica Civil Society Coalition (JCSC) response to anti-gay mass meeting comes late in the day (Observer Editorial)

Ever since Prime Minister Portia Simpson Miller intimated her intention to review the buggery law, the discussion has increased on the buggery law, in particular, and homosexuality in general. It is both a philosophical and theological debate that if not managed or moderated properly, runs the risk of leaving many casualties behind.

I am reminded quite recently reading Neville Callam’s book, Deciding Responsibly: Moral Dimension of Human Action, about the great moral debate concerning the proposal for unwed teachers to be given maternity leave with pay in the 1970s. A very large section of the Church and the Jamaica Teachers’ Association issued press releases denouncing the Government’s proposal.

Callam observed that it was a few church leaders who met with the Government and brokered a cessation of hostility, and the rest is history.

Historically, crusaders are never winners. Winners stand on the bedrock of love mediated through God’s grace, a grace that none of us can truly fully comprehend or articulate.

Veteran journalist Ian Boyne, last year in an article, appropriately laid down the gauntlet for the debate to continue. Says he, “In my view, Christians have to separate the political from the philosophical. I don’t believe the Christian – or Muslim – majority should impose their will on minorities.”

Our legal framework, including our Constitution, is grounded in the Judaeo-Christian philosophy. What this means in fundamental terms is that biblical thoughts have influenced the way laws are shaped and behaviour normalised in much of the former British Empire. If one agrees with this view, it must also be agreed that this was the basic assumption for much of the Western civilisation.

Society has evolved from this core principle of the Judaeo-Christian ethic of ‘being’ and in ‘relationship with the other’ and has been moving towards a rights-based approach to being in the world and in relationship with each. This Judaeo-Christian biblical philosophy approach gave legitimisation to slavery, the apartheid system, and many other atrocities for which the Church has repented.

Religious assumptions

Even in declaring this fact, it is not to be assumed that such an approach will, of necessity, be flawed, but rather to recognise that even in our search for wholeness and truth, sometimes we are passionately off target and blinded by our own fury, interpretation and belief.

There are some fundamental principles within Western society that we take for granted – and some of these are normal, acceptable behaviour or conduct – however, in some societies, these are socially and legally unacceptable. The reasons, for the most part, are grounded in a set of religious assumptions that are not acceptable within the Judaeo-Christian philosophical and theological thought. As Westerners, we readily detest the Shari’a laws for very good reasons.

Western societies have to wrestle with secularism and changes in laws globally that do not necessarily reflect our traditionally Judaeo-Christian assumptions. This sweeping modernism – others would say secularism – has caused a tsunami of panic not only in the Caribbean, but in the developed, industrialised nations.

The liberalisation of laws on homosexuality within those societies did not happen overnight, but has been a long struggle and deep debate between the traditional Judaeo-Christian ideas and values within the context of growing secularism, in general, and the issues of human rights, in particular.

There are, therefore, some fundamental questions that must be placed within the debate, the push-back and the tension between the fundamentalist Judaeo-Christian philosophical thoughts, and the human rights approach to issues.

1. Can we say that we love each other unconditionally?

2. Do we really know enough about each other to the extent that we see others as equally loved and valued by God?

3. Should the homosexual act be an offence under the law?

There is no easy way out or Bible-thumping of views to these simple but profound questions. At the end of the debate, we must decide whether a society is going to be governed by laws that are universally consistent and respectful of its people (the common-good approach to moral decision making); or whether the decision will be taken to provide the greatest good to the majority (the utilitarian approach); or whether the decision will be based on the rights to privacy by consenting adults (the rights approach to ethical decision-making); or whether the focus will be on what kind of persons we want to develop and what kind of community we want to create (the virtue approach); or whether we will decide on the justice approach, which seeks to gauge the fairness of an action, not only for the majority, but for the minority.

All of these approaches to ethical decision-making must be brought into the debate because in a secular society, the views of the faith community and its interpretation of the text are important but not exclusive.

Says Desmond Tutu in his book God is not a Christian: “I am proud that in South Africa, when we won the chance to build our own new constitution, the human rights of all have been explicitly enshrined in our laws. My hope is that one day this will be the case all over the world, and that all will have equal rights. For me, this struggle is a seamless robe. Opposing apartheid was a matter of justice. Opposing discrimination against women is a matter of justice. Opposing discrimination on the basis of sexual orientation is a matter of justice.”

Gospel of justice

The issue of homosexuality raises the emotional temperature and causes even the unbeliever to resort to the Bible. People like Tutu recognised such reality and preach a gospel of justice and unconditional regard for all those who are oppressed within our midst.

My views and beliefs as a Christian must contend with those who do not share my views or my faith. At the end of the day, the Christian cannot seek refuge or protection in state legislation. And yet, the Christian, as well as the non-Christian or those who are Christians but disagree with a particular church position, has all rights to free expression and public demonstration. This right behoves each side to be reasonable and moderate in its utterances.

The Church will only win followers by and through its unconditional love of the ‘other’ and the witness of God’s redeeming grace. It doesn’t have to ‘accept’, but it must tolerate and recognise the complexity of the society and acknowledge how much is not yet known.

In this period when the temperature rises, let us find common ground for sober reflection that will engender an atmosphere of mutual respect, care and consideration for each other as we debate and express our views. In the end, we are all Jamaicans entitled to the protection of the law and all should be free to self-determine, to accept or reject, but still love without condition.

Homosexuality is not illegal in Jamaica; buggery is. But buggery is an act that occurs not only between males, but between females and males. However, when you listen to the discussion, the greater concern is the men who have sex with men (MSM). I think that Parliament should take another look at this dated act in light of other issues pertaining to the Offences against the Person Act.

The Rev Dr Paul Gardner is president of the Moravian Church, former president of the Moravian Church Worldwide, and former president of the Jamaica Council of Churches. He also chairs the Jamaica Civil Society Coalition. Email feedback to columns@gleanerjm.com and pgardner@cwjamaica.com.

Reverend Al Miller’s own moral conflict of interest & anti gay campaign

Reverend Al Miller’s own conflict of interest & anti gay campaign

Has no moral authority as he is still tainted by two matters he is embroiled in. The back and forth in as far as moral authority to condemn or judge has been noted on this blog before via:

CHURCH STANDS RESOLUTE AGAINST BUGGERY BACKERS SAYS AL MILLER ………… LOVE MARCH MOVEMENT LACKS MORAL COMPASS SAYS LGBT VOICE

Secularism, Humanism and Atheism have also helped to cloud the local LGBT debate as I warned about in 2012/3; go HERE

Talk about conflict of interest, shaky integrity and selective morals as Reverend Al Miller has no moral authority to speak to any issue of right or wrong and interestingly homosexuality at that in my view at this time as his own actions that were in heard in court regarding the aiding of a fugitive in Christopher “Dudus” Coke after the authorities moved in on his so called empire in West Kingston in 2010 and he went into hiding only to be caught in the company of the said Reverend Miller in his car using a method of expression and entertainment for drag effeminate culture and transgender women in terms of cross dressing.  He has even gone as far as to rebuff comments of his continued role at Fellowship Tabernacle Church which he pastors in the aftermath where he claimed he would have done the deception of bypassing local police again in assisting Coke. See MORE HERE on that

Coke was dressed in a wig, glasses, light makeup and a dress with reported high heels shoes as the photographs that circulated after the entrapment made clear much to the amusement of the public from some time after and the questions began to fly as to the reasons why a pastor would aid this method of obvious perpetrated deception and in such a public fashion. It seems there are too many conflicts of interest on all sides here now engaged in a shouting match or drawn daggers over the Professor Brendan Bain sacking by the University of the West Indies from a project they managed called CHART as part of the HIV prevention strategy for CARICOM/PANCAP Pan Caribbean AIDS Partnership after the professor gave “expert” testimony in a case involving a gay man in Belize challenging the Buggery legislation there some two years ago.

Previously one of the Jamaican LGBT activist based in New York who has led protests in that state of the US has come into some fire as his delinquency in servicing a student loan prior to his departure was made public as his name and photo appeared in a full page ad of delinquent borrowers earlier this month which has made him a target on sections of social media for ridicule and mistrust and discredit as persons commented that he has no authority to speak or demand rights as his own lack of civil and personal responsibility is tainted thus disqualifying him for demand for any correctness. See more HERE

How is it on one hand Reverend Miller opposes most publicly the so called ills of the land as he describes them on his Word Power show on television while having two most public charges dogging him? His short absence from the aforementioned show and subsequent return may make some persons feel he is cleared but those who have been paying attention and are cognisant of ethical principles are not fooled by this public relations faux pas and why has the other so called “Purity” groups such as the LCF (headed previously by Shirley Richards) and the JCHS (headed by Dr Wayne West) have not called him out or disassociated themselves from him until he is in the clear? Coke was wearing a wig at the time of the nabbing as the Reverend was said to be helping Coke to get passed the local security to a foreign power that being the United States Embassy in a bid to escape the supposed shoot first ask question mentality of the local police used an excuse when confronted, the other matter that has baffled me to this day is the missing gun case where it was reported the Reverend left his firearm in his vehicles and went to pick some mangoes and upon his return his gun just went missing after which it was reported to the authorities and he was charged for not properly securing his weapon and has been in and out of court since.

These two major infractions apart from his outlandish calls that homosexuality is abnormal, reparative therapy is a cure and the Buggery Law must remain on the books makes him unfit to speak until he has cleared his name especially of the Coke matter as to why was he helping a fugitive to escape the law of the land yet it is the same principle of obeying or keeping the laws of the land of which he professes to speak and seek attention to himself. He has been at this struggle at the very stage from the parliamentary submission in 1998 by JFLAG (when they meant something) when he appeared with the Lawyers’ Christian Fellowhip’s Shirley Richards, the Charter of Rights Debate during it on again off again twenty plus years run before passage in 2009/10, abortion debates in and out of the houses of parliament and professes to use psychological references in addressing homosexuality with some authority without referencing any expert referral, study or position paper to do so. I find that ethics, integrity and indeed moral responsibility are dying forms of evidence to back credibility in public advocacy and here we have so much more evidence of those missing pieces which leaves me to wonder if we can use the same moral nihilism criticism levelled at the LGBT lobby overall by anti gay activist Dr Wayne West of the Jamaica Coalition for a Healthy Society, JCHS.

Reverend Miller must recluse himself from any outrage as it were until his name and reputation are cleared just as how these church folk make demands of conflicted politicians and public persons when they err and rightfully so.

I find hypocrisy and a feeling that persons are not tracking these valuable tenets for public life or advocacy so persons depend on the nine day wonder mentality we tend to have on matters on interest in the news constant recurrences. The same declining values in a sense as complained about by the church seems to have also affected the very loudest voices of the same group, we saw said hypocrisy play out with the call for tolerance by the former Prime Minister P. J. Patterson days go in light of the Bain matter I find that politicians tend to be so clear on values when outside of state power as also evidenced in Bruce Golding labour day opinion piece in the Gleaner fear mongering on gay marriage which he invented as a reason to deny rights in the Charter of Rights debate in 2009/10 to which the present PM sided with him as a matter of convenience and or pandering to religious groups as oppositions seem to always do, only weeks ago the JLP called for a referendum on buggery echoing a call from side protesting religious groups. Where was PJ Patterson when he was PM over the 16 of the 18 year run the PNP had in power when his own sexuality was brought under scrutiny and he demanded they stop as he was not gay.

See: Former Prime Minister PJ Patterson’s call for tolerance not genuine & sheer hypocrisy

In conclusion Reverend Al Miller is conflicted and cannot be seen as a credible voice in opposition to any moral matter until he clears his name likewise any LGBT activists also who are or seem tainted. The Jamaica Council of Churches, JCC stance in part is as follows “The church affirms its pastoral role and so appeals to the church as well as the wider religious community not to speak or act in ways that ostracise or incite violence or any other treatment of indignity towards persons who are homosexual as they too bearers of the image of God and for whom Christ died”

MUST SEE previous post:

REV AL MILLER SAYS GAY LOBBY IS USING THE GUISE OF TOLERANCE TO GET THE NATION TO ACCEPT THE “GAY LIFESTYLE”

and

Peace and tolerance

H

Young MSM/Transgender want to be treated as citizens not potential HIV/AIDS victims

More and more I seem to be coming across young gay, transgender and bisexual youth who feel weary it seems from the over supply of pinch leave an inch condoms, pamphlets and paraphernalia on safer sex and AIDS and other related materials as multiple agencies jostle to reach what has basically become the same cohort on the face of it of males for the most part in the quest for HIV prevention but where are the more meaningful outreach and interventions for holistic development and nurture?

Some in the know may say that funding is hardly available for those kinds of developmental work (which maybe true in a sense but still sounds more like an apology for slackness and maintaining the old status quo) and indeed the more cynical would go as far as to say it is not the agencies involved best interest to do or offer such meaningful interventions as that will diminish their cohort of potential service users and thus nothing to report hence no need to prepare programs only to seek future funds, after all agencies exist to supposedly help but how many persons are actually being helped or impressive success stories to prove same while old narratives are still being used to suggest that gay/bi men do not have access to safer sex implements which is a lie.

CVM Newscast of the Cargill Avenue eviction where the truckmen/movers found and commented on the condoms they found

also see: Homeless MSM/Trans youth draw attention in New Kingston

Homeless MSM having their version of fun recently by the infamous Gully nearing the Island Car Rentals office

From the Millsborough Avenue embarrassing eviction of some of the homeless MSM/Trans persons last year, condom wrapper is clearly visible

More condom wrappers indicating that the men are only seen as HIV Prevention targets, what about other developmental work?

The complaints and reports still come almost on a monthly basis these days of some homo-negative outcome somewhere on the island and the phone calls of requests for money or some form of assistance are growing in frequency too as economic issues abound. There agencies that run and managed by powerful gay persons who have the clout to solves this long standing matter of displacements seeing we have both hard and anecdotal evidence that tells us in no uncertain terms that those are visible consequences of stigma, homophobia and homo-negativity.

Take for example this flashback: UNIMPRESSED WITH THE CVM TV SHOW ON MSM HOMELESSNESS

The September 6th 2012 appearance of representatives from The National Council of Drug Abuse and AIDSFREEWORLD’s Maurice Tomlinson to address the recent public eviction of homeless MSM from Cargill Avenue was at best damage control to another embarrassment regarding the poor response from the relevant LGBT agencies. JFLAG WAS NOT PRESENT AT THIS CVM TV LIVE @ SEVEN Program The attempt to use old programmatic language by Maurice Tomlinson to suggest MSM have no access to condoms while the CVM newscast itself showed the movers holding the condoms in their hands they found on the site and saying the men were practising safer sex should be instructive to ALL in view.

Young gay men as indicated above are also becoming weary of the way they are viewed despite the aforementioned concerns in a group session over the past week some young men some of whom were teetering on homelessness were invited to a meeting called by a community influential who is concerned about the numbers of them on the streets mostly from Kingston, Portmore and Spanish Town (excluding the five who are helped by a church/LGBTQ group in an ongoing weed whacking project) where they aired some issues they had it was instructive that some of them had a barrage of condoms on their person and laughed at the exposure of them as they accidentally fell from a bag of one of the attendees. He joked “All dem do a full mi up wid boots” (all they do is full me up with condoms) “boots” is the colloquial expression for condoms but something happened after the initial laughter died down as it seems the realization that they were having trouble finding permanent shelter or other crisis issues ongoing were real and that “boots” cannot be a solution whenever they are met by the various outreach teams as part of the HIV prevention strategy. The homeless men for example who have been making the news in New Kingston have been receiving food items once a week but is that enough? They too have had loads of condoms thrown at them as we have seen repeatedly on the television newscasts and other videos covering them. What about the deeper issues and personal concerns they have. The men in the meeting of which I was present were asked to fill out a random list of what they require and their lists read as a call for items and things you and I may have probably not considered important as we enjoy those amenities or interactions on a daily basis and indeed take them for granted. The simple lament by the boots carrying man screams far more than just the obvious since they fell in such a great numbers, one could easily count thirty or so. The conversation continued after the list creation exercise and what came out was a stunner to me despite my knowledge of how some persons feel about the whole scenario as older displaced men in time have echoed a similar sentiment with some level of frustration.

The ideal scenario would be a meeting place for group session and support meetings

Steady supply of food cooked or uncooked

Shelter and some sort of transitional living program towards independence

Educational or skills building opportunities

Guidance on developing and executing life plans through self efficacious activity not just limited to HIV prevention

Exploring the arts and possible skills linked to cross dressing aesthetics and affinity to cosmetics (drag culture, forced feminization and female cisgenderistic presentations for male to female transgender persons in the group)

But by the sound of the lament and the subsequent tete a tete the men are not satisfied; theirs is a perception that more privileged homosexuals control tons of money in funding and that the money is being spent on non essential things such as court cases, fat cat salaries and perks while persons who are on the lower socio totem pole are just relegated to being “victims” or service users and nothing more, doomed to get HIV (if they do not have it already) or waiting to die. Such were the tones in the ensuing discourse. Recent history has unfortunately given some credence to these perceptions as feelings of abandonment of the aforementioned homeless men in New Kingston still linger from the repeated news headlines, shenanigans and police interventions of that population and believe me word travels whenever there is any such occurrences. The men in the long and short of it want to be seen as human beings that deserve respect as one older person claims that there is favouritism as well in how interventions are carried out by some agencies and their representatives. Why are some powerful advocates and personalities in HIV/MSM prevention in particular refusing to go this route of real life changing intervention rollouts is still not clear to some, the departure of a Board Chair of Jamaica AIDS Support for Life also has not gone down so comfortably with myself and others as her stance on homelessness was supportive for the most part despite the run-ins with the men and the stoning incidents on their former offices at Upper Musgrave Avenue yet by the soundings out there one particular former chair but who still sits on the bench has been haggling against any such proactive moves to address homelessness which does not surprise me as he was the chair when the Safe House Pilot was closed with no psycho-social interventions allowed to stop the “bad behaviour” that was used a justification to take such final actions on a needed project.

My part in the whole affair however was to offer some encouragement to the lads in the scheme of things especially owing to the fact that one of the men’s friends was hospitalised recently for a brief illness but how can words heal when the real life toughness abounds and affect their present reality? Then we turn around and wonder why the anti social behaviours are happening when it is obviously clear to those looking that such are only means to an end to forget if only for a fleeting moment the worries of the hour. It is also interesting that as a group the men are indeed “rowdy” (word used by voices in the gay lobby to describe them also “maladjusted miscreants” showing the elitist side to this) but as individuals is it amazing what comes flying out of them in a one on one session discussing real life matters yet they are for all intents and purposes made to become martyrs in a sense for a cause that they might not have subscribed to in ordinary circumstances when asked to do so. Leaving them out in the cold for so long seems unethical on the face of it then allowing the numbers to reach levels where they can be used and paraded as “concerned” advocates make themselves look good in coming to their rescue. We are not fooled by the deception but let us see how long the using will take place and if really any proper productive end will come of the recently announced shelter idea, yet another one.

Some indigenous groups such as the aforementioned St Catherine weed whacking project group, Colour Pink (aligned to the aforementioned JASL) and Aphrodite’s PRIDE Jamaica of which I am performing Outreach and Facilitation duties for their Enterprise Training Project for more stable formerly displaced MSM/Trans and Lesbian individuals are addressing in their own way psycho-social issues and other concerns such as jobs and education development but we know where some of the blame of all this lies at the feet of these same agencies who only do enough to look as if they are addressing some issues but not with a view to adequately address what they take on only for the interventions to last out for experts have jobs it seems. Others seem more interested in media whoring possibly to satisfy a narcissistic complex at the expense of the least amongst us and then we wonder why we are here with an exploding displaced and homeless grouping and advocacy in limbo in the face of steady HIV/AIDS infection rates in the MSM cohort.

The APJ training for example we stay far away as a possible from an over preponderance of HIV messaging and instead go for positive reinforcement in terms of identity, coming out and so on.

Some things to think about but who is brave enough to say it openly when their snouts are in the troughs?

Integrity in advocacy anyone?

Peace and tolerance

H

Transgender Day of Rememberance 2013: Gully Queen, Barbie Love & Britney Boudashious gone too soon

the venue of the gig where the attack took place

empty room of Dwayne/Gully Queen at the captured house where she once lived with her friends

Dwayne Jones (Gully Queen) in good times

As news spread of Gully Queen’s death it became apparent to me that another young transwoman had not been allowed the chance to fulfil her female cisgender imperative and was too inexperienced to realise that it was important to choose wisely who one shares certain information with.

Dwayne Jones was relentlessly teased in high school for being effeminate until he dropped out. His father not only kicked him out of the house at the age of 14 but also helped jeering neighbours push the youngster from the rough Jamaican slum where he grew up.

By age 16, the teenager was dead — beaten, stabbed, shot and run over by a car when he showed up at a street party dressed as a woman. His mistake: confiding to a friend that he was attending a “straight” party as a girl for the first time in his life.

“When I saw Dwayne’s body, I started shaking and crying,” said Khloe, one of three friends who shared a derelict house with the teenager in the hills above the north coast city of Montego Bay. Like many transgender and gay people in Jamaica, Khloe wouldn’t give a full name out of fear. Pity as well as homelessness which has been ignored for years in the LGBT advocacy structure featured most prominently in this case and to think after the furore and public cynicism the house where the guys remained was firebombed with very little proactive measures taken by JFLAG and the others handling the case file so more victims ended up being made instead of redress and closure. Thankfully no one was badly hurt after that ordeal but the aforementioned agencies failure over the years to properly provide programs and interventions for LGBT youth is telling and many incidents could have been avoided.

Even though some 300 people were at the dance party in the small riverside community of Irwin, police have yet to make a single arrest in Dwayne’s murder. Police say witnesses have said they couldn’t see the attackers’ faces.

Dwayne was the centre of attraction shortly after arriving in a taxi at 2 am with his two 23-year-old housemates, Khloe and Keke. Dwayne’s expert dance moves, long legs and high cheekbones quickly made him the one that the guys were trying to get next to.

Like many Jamaican homosexuals, Dwayne was careful about confiding in others about his sexual orientation. But when he saw a girl he had known from church, he told her he was attending the party in drag.

Minutes later, according to Khloe and Keke, the girl’s male friends gathered around Dwayne in the dimly-lit street asking: “Are you a woman or a man?” One man waved a lighter’s flame near Dwayne’s sneakers, asking whether a girl could have such big feet.

Then, his friends said, another man grabbed a lantern from an outdoor bar and walked over to Dwayne, shining the bright light over him from head to toe. “It’s a man,” he concluded, while the others hissed “batty boy” and other anti-gay epithets.

Khloe says she tried to steer him away from the crowd, whispering in Dwayne’s ear: “Walk with me, walk with me.” But Dwayne pulled away, loudly insisting to partygoers that he was a girl. When someone behind him snapped his bra strap, the teen panicked and raced down the street.

But he couldn’t run fast enough to escape the mob.

The teenager was viciously assaulted and apparently half-conscious for some two hours before another sustained attack finished him off, according to Khloe, who was also beaten and nearly raped. She hid in a nearby church and then the surrounding woods, unable to call for help because she didn’t have her mobile phone.

Dwayne’s father in the Montego Bay slum of North Gully didn’t want to talk about his son’s life or death. The teen’s family wouldn’t even claim the body, according to Dwayne’s friends.

They remembered him as a spirited boy with a contagious laugh who dreamt of becoming a performer like Lady Gaga. He was also a street-smart hustler who resorted to sleeping in the bushes or on beaches when he became homeless. He won a local dancing competition during his time on the streets and was affectionately nicknamed “Gully Queen.”

“He was the youngest of us but he was a diva,” Khloe said. “He was always very feisty and joking around.”

Inside their squatter house, Khloe and Keke said, they still talk to their dead friend.

“I’ll be cooking in the kitchen and I’ll say, ‘Dwayne, you hungry?’ or something like that,” said Keke while sitting on the old mattress in her bedroom, flinching as neighbourhood dogs barked outside. “We just miss him all the time. Sometimes I think I see him.”

But down the hall, Dwayne’s room is empty except for pink window curtains decorated with roses, his favourite flower

Dwayne Jones (Gully Queen) Last Appearance prior to his murder notice the reporter said he was gay hence the other issue with crisis reporting of LGBT matters and this has always affected the credibility of the lobby’s voice

also this month we lost Britney Boudashious the reigning Miss LGBT World who was murdered in November, she was to hand over the crown at this year’s gala event but she did not make it, no clear motive has been established for her demise.

Britney’s Crowning in 2012

her glorious moment after such hard work and practice to get there

rest in peace daaaaahlin’

see more here on Gay Jamaica Watch

Barbie making front page news on the now defunct XNEWS

also see: Disturbed by Xnews Story on Drag Queen and Gay Cop or HERE

also flashback to: International Day of Transgender Remembrance 2011

Good times at Diva Kerry’s Bday bash in 2011

fierceness

then the other shocker in August as the popular socialite Barbie Love passed after a brief illness, you may remember her public appearances that were not so positive but she brought visibility to the cross dressing and transwoman communities in 2009 as photo shows below when the XNews published a sensationalistic article and the on Television where she was arrested after a cruising hookup went bad then public, subsequently she sealed her fame by granting an exclusive interview on Ragashanti live

see: Ragga Shanti Interviews Jamaican Drag Queen Part 1 & 2 !

To all three ladies REST IN PEACE and we will miss you.

Peace and tolerance

H

Caribbean Court of Justice reserves judgement on Maurice Tomlinson case on barred entry due to sexual orientation

Justices on the leave hearing panel were back row, left Jacob Wit (Netherlands Antilles) and Winston Anderson (Jamaica) and front row: Rolston Nelson (Trinidad & Tobago), CJ Sir Dennis Byron (St. Kitts & Nevis) and Winston Saunders (St. Vincent & the Grenadines)

HEAR THE AUDIO OF THE SESSION HERE and HERE

MAURICE TOMLINSON & TOM DECKER

The Caribbean Court of Justice heard on November 12th an application against the governments of Belize and Trinidad in which Maurice Tomlinson is challenging the immigration laws of both countries. The hearing was scheduled for two days, but it concluded today, shortly after noon. Tomlinson is Jamaica’s prominent supporter of the rights of lesbians, gays, bisexuals and transgenders. His challenge is premised on the notion that the existing legislations infringe on his right to free movement, dignity and equality within the region, as preserved in the Revised Treaty of Chaguaramas, signed in 2001.  The application for special leave to commence proceedings in the matter was held via teleconference inside the chamber of Justice Michelle Arana.  Tomlinson, the former husband of Acting Solicitor General of Belize, Michele Daly, who has left Belize, has visited the country on two occasions without any problems and has visited Trinidad and Tobago four times with no one aware of his homosexuality. He recently refused invitations by organizations to speak at their conferences and events because he discovered that the laws in both states appear to directly prohibit homosexuals from landing in each country. In Belize’s case he was to visit at the request of the United Belize Advocacy Movement (UNIBAM) last January for a training session.

The fact that he wasn’t prohibited from entering Belize forms the basis of government’s argument that Tomlinson should not be granted leave by the appellate court to seek legal action.  Section Five of Belize’s Immigration Act forbids, among other listed groups, “any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behavior.” Tomlinson, since ending his relationship with Daly, has remarried Tom Decker, a Canadian pastor in New York.  Following today’s proceedings, Acting Solicitor General Nigel Hawke contended that the law in practice is not so narrowly interpreted and in any case Tomlinson has not come here to challenge the law. If he did, Hawke said, he would find that he was welcome here both in the ordinary sense and as a skilled national.

Section 5 of Belize’s Immigration Act – Chapter 156 of the Laws of Belize – lists among the categories of prohibited immigrants “any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behavior…”

Tomlinson’s case was featured in a press release last December from AIDS Free World, an organization of which he is a leading member. That organization called Section 5 of Belize’s Immigration Act “offensive and overbroad.”

It furthermore said that, “Only two countries in the Western Hemisphere, Belize and the Republic of Trinidad and Tobago, arbitrarily ban the entry of homosexuals as a ‘prohibited class’.”

Belize contends, though, that the law is not a blanket prohibition against homosexuals – but there is a clear commercial dimension to it, where the prohibition is directed at the earning of proceeds from such activities – as would be the case for prostitution and commercial sexual exploitation.

Tomlinson said that the United Belize Advocacy Movement (UNIBAM) had invited him to Belize to conduct training and sensitization sessions in January 2013, and after having learned of the provisions of the Immigration Act, he declined the invitation because he is unwilling to break the law to conduct these sessions.

Nigel Hawke, Acting Solicitor General, Belize

NIGEL HAWKE

“Basically the court heard arguments from the applicant, heard arguments from Belize and Trinidad, remember this is an application for special leave.  We made our arguments basically saying that we have a certain interpretation of the Immigration Act, our Immigration Act.  Trinidad made their application and the court has reserved its ruling on the issue of application for special leave.  Our position is that the law is interpreted a certain way, our provision is interpreted a certain way.  It is in relation to persons who profit or earn from either prostitution or homosexuality.  That is our position.”

Reporter

“I notice that you said that that won’t change and our position has been when Mr. Tomlinson was here in Belize that he got free entry and exit into the country.”

Nigel Hawke

“That’s from the standpoint that he is saying that we are saying first that there was no actual prejudice and that is clear.  Nobody is disputing that.  The question here is whether there is a potential prejudice because he says the law there is an impediment to his free movement, in particular to Belize.  We are saying no.  We are saying, based on our interpretation, it is not.  So even if that particular provision remains there our submission, our formal submission is that it remains a provision that only applies to a particular situation.  That is basically it.”

Reporter

“Could you address the comment made in court that the laws that were made were promulgated in a time when society was more homophobic and also that in this day and age with the Caribbean Community Single Market and Economy that there are laws in countries such as Belize that need to be aligned with community laws?”

Nigel Hawke

“Bear in mind that that comment was made by Mr. Senior Counsel Jairam.  I think that is his understanding or opinion in respect of that law.  Yes, you concede see the fact that there are some laws in our book that are outdated but we maintain even with respect to this particular aspect of our law, it has been repeated in our Free Movement National Act and I think parliament must have meant something why they put it there.  This was a law to deal with the persons who come into Belize for employment purposes and we submit that that also gives some kind of clarity as to what meaning the legislation attaches to that particular provision in our Immigration Act.”

Reporter

“Sir, the attorney for the other side said that this particular case has no reference to that skilled labor so it shouldn’t be considered.”

Nigel Hawke

“That’s his submission; he has a right to make his submission.  That is his submission and we respect that but we’ve made our submission.”

The judges of the Caribbean Court of Justice have reserved judgment in the matter. See more HERE  and HERE

Trinidad & Tobago through its lawyer, Law Association President Seenath Jairam, SC, appearing with Wayne Sturge and three other attorneys, argued that what is relevant in determining whether a treaty had been violated was the impeached state’s practice. He argued that Trinidad and Tobago had a policy of non enforcement of the law, which he interpreted to refer to homosexuals and not homosexual prostitutes as Belize argued. The allegedly offending provisions in both laws (primarily sections 5(1)(e) of the Belize Immigration Act and 8(1) (e)of the Trinidad and Tobago Act) are almost identical. Jairam supported his arguments with such cases as the recent Shanique Myrie decision, which was repeatedly referenced in the proceedings.

Jairam argued that because Trinidad and Tobago’s state practice was such that it didn’t prevent homosexuals from entering and that because Tomlinson was not prevented from entering before, the application was “an academic exercise”. Tomlinson will not ever be denied entry simply by virtue of being a homosexual, he declared. He drew a comparison to hanging, saying that Trinidad and Tobago had laws on its books which allowed hanging but that they nonetheless did not hang. When asked by the court whether that meant that hanging was illegal, he responded that that was a matter for the constitutional court. He alluded to the fact that governments had financial constraints and that there were costs involved in repealing laws. (Incidentally that has not prevented Trinidad and Tobago from repealing other laws it wished to repeal.)

Jairam argued further that Tomlinson could have applied for a special permit from the Minister responsible for immigration as Sir Elton John did back in 2007. Gifford had earlier stated there is no waiver available to homosexuals of the prohibition in the law, and pointed the court to the section of the Trinidad and Tobago Immigration Act which permits the Minister responsible for Immigration to grant such a  permit. While Gifford argued the permit is limited to two classes of prohibited immigrants specifically mentioned in a subsection of the law, who not include homosexuals, Jairam stated the law confers broader powers and the subsection merely qualifies entry conditions for those two classes.

Justice Nelson expressed concern over whether a policy was sufficient protection of the rights guaranteed to nationals of CARICOM countries, asking rhetorically, “what happens when government changes?” He also asked Jairam non rhetorically whether the court should strike out the allegedly offending sections since they weren’t enforced. Jairam responded, to the bemusement of many in the court, that the court should not strike out the sections because that might allow terrorists to enter the country. In back and forth questioning with the justices, he conceded that both the Belize and Trinidad and Tobago laws were likely enacted “when people were  homophobic”, and that has changed.

The Justices asked all parties whether there was case law on the homosexual provisions of the immigration laws, but none had any to offer. Both states argued that their statutes on freedom of movement for skilled nationals allow their entry notwithstanding other laws, such as the homosexual prohibition, and Tomlinson as a lawyer could have availed himself of such a provision for entry. But the Court was clear that the case was not about entry of a skilled national and that such entry was in the specific context of employment and skill certification. This prompted a series of questions as to whether a prostitute could enter to deliver a lecture instead of to acquire earnings through his/her trade.

Both Belize and Trinidad and Tobago argue that Tomlinson’s rights have not been breached as he has not been denied entry and that is the Treaty has therefore not been engaged. Gifford  responded to the State’s arguments by reiterating that a policy was just a policy and was subject to change with any given government. He also reiterated that the mere existence of the laws, whether they were enforced or not, was sufficient to restrict a person’s rights. It’s like putting up a sign that says “No homosexuals”, regardless to what your actual practice is.

Putting LGBT on Caribbean Sexual Violence Agenda

The exclusion of lesbian, gay, bisexual and transgendered (LGBT) persons in the discussion and planning to address sexual violence, was brought into focus by United and Strong as the organization added its voice to a regional workshop staged in Saint Lucia by the United Nations Population Fund’s (UNFPA).

The Caribbean Regional Gender Workshop on Sexual Violence in the Caribbean, Status and Needs Including in Humanitarian Situations, saw thirty-four government and NGO representatives from twelve countries attending. The three-day workshop reviewed a strategy, initiated by the United Nations Population Fund (UNFPA) to reduce gender-based sexual violence and provide a framework for action and guidance in regional and in-country gender-related activities.

The three-day workshop heard country and NGO reports that detailed actions by national institutions and civil society organizations to address and prevent gender-based violence. Among the presentations however only Belize, Suriname and Trinidad and Tobago included LGBT persons in national plans to combat sexual violence.

“I believe it is important to include lesbian, gay, bisexual and transgendered persons in programs dealing with gender-based and sexual violence” states Edma Pierre, who represented U&S along with Media Consultant Maria Fontenelle. She adds, “The fact that they are also victims is often ignored and they are treated with a lack of sensitivity within the system.”

United and Strong representatives took the opportunity to highlight the risks inherent in not considering LGBT when designing responses to sexual violence, particularly in disaster and humanitarian situations. They stressed that LGBT should be given consideration across the board from the design of training; selection of staff; services provided for at risk persons; how these services are advertised; the structure of facilities, including toilets; the policies that govern safe spaces for victims of abuse and the legal challenges that can affect all of these.

The legal barrier of the Buggery law was stated as one of the chief reasons that reports from Saint Lucia did not mention LGBT in plans to reduce gender-based sexual violence and in-country gender-related activities. The meeting included representatives from PROSAF, the Massade Boys Training Centre, Voluntary Women, Saint Lucia Planned Parenthood Association, Women’s Shelter, Saint Lucia Crisis Centre, Saint Lucia CARIMAN, Gender Relations, CAFRA Saint Lucia, Family Court and Human Services.

Representatives of PROSAF, the Women’s Shelter, Gender Relations, Family Court and Human Services took the opportunity to stress that their doors were open to every victim of sexual violence. However it was recognised that reluctance to openly identify as LGBT due to fears of stigma, and the reluctance on the part of men generally, and gay men in particular, to admit to being sexually violated was a deterrent in acquiring data that would support the need for inclusion of LGBT in national planning.

Funding was also touted as a constraint. “What is being done sometimes is limited by our resources both at the international level and at the national level”, notes UNFPA gender specialist Jewell Quallo Rosberg. She states however that there is determination to tackle the wide-ranging issue of gender-based violence, “by uniting and using all our resources, not just financial but community resources, and focussing on prevention rather than trying to address the problem after it happens.”

By the conclusion of the conference, at least one country rep, Elaine Henry-McQueen of Grenada, undertook to push for the consideration of the needs of LGBT in national policy planning. Saint Lucia based government and civil society representatives also committed to continue to work in partnership going forward. There was general-consensus among regional partners to advocate for greater collaboration between the community and government to address sexual and gender-based violence as highlighted during the workshop.

– END –

U&S’ Edma Pierre (seated – first left) and Maria Fontenelle (standing – far right), with participants at Caribbean Regional Gender Workshop on Sexual Violence in the Caribbean

Rev Al Miller’s late response to Dwayne Jones’ Murder & Respect heterosexuals demand

So Reverend Al Miller apart from using his weekend tele-evangelist airtime to suggest reparative therapy as if it works in his church Fellowship Tabernacle has finally come clean with respects to the awful murder of transgender teen Dwayne Jones in Montego Bay earlier this year. In an interview on Newstalk 93FM radio similar to other pastors who have been getting far more airtime than normal since the Queen Ifrica Freedom of Speech fiasco has and is still playing out Reverend Miller tried to bring some semblance of tolerance to the mix. Let us not forget this is the same man some time ago openly said persons must not buy into the tolerance call from the gay lobby as it was a guise to sneak in homosexuality on the nation. In September 2011 on this blog I posted Rev Al Miller says gay lobby is using the guise of tolerance to get the nation to accept the “gay lifestyle” where he said among other things

 

“Nothing is wrong with loving someone but disagreeing or disliking their lifestyle and the issue is the lifestyle we are not against, the Christians the word of god is not against the individual cause we are all sinners but we must recognize sin as sin, wrong is wrong and so although we may accept and embrace the person but we must say that the conduct is not right  and what the gay agenda is about is wanting the society to accept the lifestyle as being right but they are using the guise of tolerance, of course we can be tolerant with the individual but we must have the right to be intolerant to a practice that is not right it is in the same vein as anyone who practices a lifestyle that is inconsistent with correct behaviour or good for a society, if it is stealing if it is murder or any other kind of crime that is not good for society.

We must embrace the individual but we must reject the lifestyle the behaviour and it is the same, it is the behaviour, when we talk about the protection of rights the protection of rights if gays already exists because all their natural rights are there but what they are crying for is not protection of rights against harm in as much as crying for the acceptance of the lifestyle so that we will legitimize a lifestyle which is contrary to moral law to natural law to social order and all that certainly is good and decent and wholesome and will ensure our fulfillment of the mandate that we were given by our creator.”

Yesterday however he called for everyone to respect the norms and values of society and that accepted norms must not be overlooked “There is no question that that whole incident is unfortunate and is not the kind of thing that should happen we need justice and acting justly and rightly is the way that we must operate and as a society with values must operate and be consistent in upholding of its values and the welfare and rights of individuals are critical in that process but it is equally true that in any society that standards of behaviour and accepted norms must also be respected by all, it can’t be good for some and not for others.”

He further stated that while members of the gay community are calling for the rights of such persons to be respected we must also respect the rights of the heterosexual community, “Unfortunately in recent times that an incident like the one that happened there that created the ire of the citizens who have reacted at wrongly but it is speaking however to citizen that is saying that is not the accepted norm that we want. Equally we must respect the rights of all it has to be both sides, I am hearing a lot in recent times that the gay rights lobby for instance is primarily promoting what they consider their rights must be protected but yet be ignoring the rights of others, you cannot do unjustly to do justly so if we are going to talk about justice and wisdom we must be equitable so that they also must respect the rights and beliefs and the norms of the rest of society.” Meanwhile a British Gay rights group stages a protest in the UK as headed by Peter Tatchell and a Justice for Dwayne Jones at the Jamaican Consulate yesterday in London. They called for the government to protect the Lesbian Gay Bisexual and Transgender communities against hate crimes. Pity that the realities still escape our friends overseas here as this was not a homophobic killing directly but has variables that either at the programmatic and intervention levels have yet to be properly discussed and understood.

More Rev Al Miller anti gay positions:

Rev Al Miller on the Abnormality of Homosexuality & the invented gay marriage rights ploy

also see Anti gay pastor and restorative therapy advocate in trouble with the law again from sister blog GLBTQJA on blogger

Church Stands Resolute Against Buggery Backers says Al Miller ………… Love March Movement Lacks Moral Compass says LGBT voice

It seems the goodly Reverend’s view on respecting the rights of others is to stay quiet and be subject to condemnation biblically and otherwise but when one of our members is maimed or killed the half hearted conditional tolerance and pity comes forth, really!? The gentleman needs to remember his track record speaks to his true position from his active appearances in the Charter of Rights passage where he alongside Shirley Richards of the Lawywers’ Christian Fellowship made sure whatever coverage of discrimination due to sexual orientation was removed yet he comes with this position, who does he think he is fooling here?

Check out the video: Dwayne Jones (Gully Queen) Last Appearance prior to his murder 

Lawyers’ Christian Fellowship’s continued fear mongering on Christian persecution post buggery law amendment & re-socialization

Shirley RIchards of LCF fame

Past and present Presidents of the anti gay, anti abortion Christian group the Lawyers’ Christian Fellowship, LCF Shirley Richards and Helen C. Nicholson continued to express fears that gay marriage and social re-engineering will be the norm in Jamaica if the buggery law is repealed as per the legal challenge launched by Javed Jaghai on June 25, 2013 and which has been put off until October 4, 2013 as several religious groups including the LCF, Jamaica Coalition for a Healthy Society, JCHS, Other church groups, Love March and Marcus Garvey Political Party have joined the suit. In as far as the challenge is concerned which is outside of the now promised buggery review by the current government at a date to be announced is not to make buggery law disappear but to test the constitutionality of the law on the backdrop of Mr Jaghai’s personal issues as stated in his affidavit (he is rewrite same for the October mention date in the case management stage) where he says he was evicted by his landlord as they wanted to attempt some reparative therapy efforts due to his public utterances on homosexuality. Unfortunately the poor communication by the group Mr Jaghai is associated with namely JFLAG in sensitizing not only the public but the LGBT community in understanding the call for the amendment to the law is a major flaw; the fact that the church groups still interpret the struggle as a call for a full repeal when the thrust by their words is an amendment to include a definition of rape under for non-consensual buggery and privacy for adults; buggery will remain for persons not considered adults and who are abused.

On a discussion program on Love 101FM hosted by Blossom White on July 7, 2013 it sounded like a cataclysmic doom heading towards Jamaica that gay marriage will be made legal; fear that children will be taught all kinds of inappropriate materials in the eyes of the church; other kinds of rights outside of normal life will be forced on the nation; the church’s opposition will be criminalized as hate speech (poor anecdotal references made); anti gay speech will be criminalized; religious freedoms will be curtailed; churches will be forced to perform gay marriages and other so called societal ills. Speaking of societal ills the introduction to the program suggested that they were looking at a post examination of the Love March’s heroes circle protest and the Montego Bay’s ministers’ fraternal corresponding Montego Bay march against supposed ills yet homosexuality was eventually the only theme discussed for the twenty five plus minutes of air time. Such is the dishonesty that presents itself sometimes when these matters are presented by the church, the strength that is found to deal with homosexuality yet the other so called ills get very little or no such fervent attention. Namely the thousands of missing children, the obvious corruption in high places, the high crime wave, the poor political leadership, the creation of outcasts and maintaining the clear distance via stigma and hypocrisy. The misleading emphasis on the legalization of homosexuality is also another piece of  deceptive alarmist speech used to bolster the anti gay position when we know fully well that homosexuality is NOT illegal in Jamaica and buggery does not only apply to gay and bisexual men who practice penile penetrative anal sex but also heterosexual couples as well.

The discussion opened with among other things this from the host “Why does the church target homosexuality not wanting it to be legalized in Jamaica?”…………….. “Would the flood gates be opened for judgement or more judgement upon the land and what can the church do to hinder anything from changing?” clear fear mongering being set as the stage for the discussion then came the marriage redefinition fear soon afterwards where the sections of the marriage act were quoted when no such agitation for same sex marriage rights have been made in Jamaica just yet but if we were to follow Blossom White in her opening it was a done deal as she likened a group in favour of same sex marriage was taking the matter of legalizing homosexuality to the supreme court. In fact the word redefinition appeared some five times in the exchange and re-socialization or re-engineering also made several appearances which had me wondering are these persons for real? What was even more bizarre in all this is the defection if you will of Helen Nicholson who years ago had a more tolerant stance on homosexuality and the related matters yet she has been pulled into this so much so to become the President of the LCF. The host and guests claim that the business of buggery is a legal, moral, social and political issues and that religious voices will be silenced eventually by law where programs such as the one having the discussion will have to sanitize its format in order to avoid legal punishment.

References were made to the United States DOMA, Defence of Marriage Act and Proposition 8 strike downs in recent times and that the local legal challenges are in tandem with other efforts including that of the Organization of American States recently concluded meeting where certain calls were made to enact some sort of sanctions for what is considered homophobic language or actions by persons. Helen Nicholson said “To The extent that they are rallying their troops the church must be very alert and recognise that their voices must not be silenced and drowned out by those who would be vocal and step forward to challenge a change.” Mrs Shirley Richards meantime continued that the church is going to court to apparently avert what has happened in other countries (albeit that those countries have different social issue that attend) she referenced a preacher who was arrested in England for so called homophobic language yet she did not offer specifics of the case and the continued generalizations is what is usually used to justify their anti gay position. Sadly the followership glibly buys into the mess and hangs on to every word these persons say.  She continued that marriage is under threat; threats to freedom of conscience; freedom of religion and freedom of expression, yet she forgot to take note it seems that the aforementioned marches were done unimpeded and that her appearance and that of her compatriots at a recent University debate on the church being an obstacle to rights was also unimpeded and her voice was not drowned or muzzled as would happen in such events hosted by their groups. She said that societies that allowed homosexual rights have seen religious freedoms curtailed, she said the buggery law is the most effective strategic barrier to the re-socialization of society a point she also made on CVM TV’s Direct program on June 26, 2013 she said such re-socialization is in favour of the “homosexual lifestyle” she continued that if that barrier is pulled then everything else in the form of agendas will come flowing in, her fear is that what happens in other countries where rights clash such as religious liberty where I do not see such curtailment happening yet she claims pastors have gotten into trouble and a teacher was dismissed for saying homosexuality is a sin again with no specifics.

The dishonest perception being banded about that somehow the repeal or decriminalization of buggery in Jamaica is also going to automatically cause Christian persecution is so farfetched and ludicrous and is a false dichotomy that it boggles the mind as to whether the voices which are heard by far are really up on the issues of sexuality, gender and rights. The Johns couple was referred to who were a Jamaican couple who foster kids in the UK but were unaware of the change in the law and not endorsing gay relationships as a form of family unit were blocked by the state from re-entering the foster care system. No one asked them to accept homosexuality but just to also include as the teaching materials the various forms of the family unit and they refused fearing damage to the children.

Miss Nicholson said that the law is always legislating morality but the question is whose morality as there is no such thing as a moral law. She referred the Ireland case and the repeal of buggery there yet the country did not sink into doom she claims that those were different days and the agenda has changed. She sounded as if she was counting her words for such a lawyer and a former radio show host and television news presenter and the egging or prodding whispers in the background by Mrs Shirley Richards were audibly clear that she was being told what to say, Miss Nicholson however continued that there is a more liberal approach by the gay lobby which was not part of the agenda before and a schism between our local position and our laws versus the treatise we are party to internationally she says the more Jamaica owns the process is the more controlled it will be and if we allow others to come in (suggesting the long held belief of foreign imposition of homosexuality) and fund our education programs etc then he who pays the piper calls the tune. The gratuitous tolerance line came through as per usual that they did not want homosexuals to be hurt or victimized but they seem blindly unaware of the fact their anti gay positions and dishonesties help to fuel the very victimization and stigma towards LGBT people.

Shirley Richards continued “Pull that law and the re-engineering of society will occur ………………….. My concern is for the children, what will they learn as appropriate and normal behaviour?” obviously she is not aware of the changes in sexuality and that teaching children about homosexuality does not make them so. The host Blossom White came with an alarmist posture said an unnamed country where she was had early childhood education institutions doing what amounted to guided imagery and cross dressing exercises on given days for students so that they were made to understand some of the gender issues, yet Miss White chose strong language such as indoctrinate added to that Miss Nicholson suggested that the word or language or re-engineering is “gender” clearly the ladies on this show are very ignorant to the issues attendant to transgenderism and other variants that have been always around but more closely researched and monitored by the scientific communities.

So hundreds of thousands of Jamaicans in earshot of this radio program went away with a one sided approach to this business of homosexuality and the continued fear mongering that the gay lobby is all somehow this godless anti Christ set up devised to persecute Christians. I am left dazed sometimes when I see this kind of rhetoric and why aren’t the gay Christian communities and tolerant Christians generally not speaking up more? I am not even going to mention JFLAG here as their poor leadership on public discourse is plain to see. How can this jittery position be countered?

Peace and tolerance

H