The Safe House 2009 Explained & more



In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless men in Kingston in 2007/8/9, a review of the relevance of the project and the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE

Wednesday, July 2, 2014

Anti Gay Group Jamaica CAUSE told We're Not Into You! Gays No Threat To Straight Folk

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I am still trying to control my laughter as I typed this post from reading this wonderful article twice that appeared in the Gleaner today, the hysteria, fear-mongering and inciting violence under the guise of a stupid tag line from the anti gay newly formed group Jamaica CAUSE "Straight without the hate" or "love the sinner but hate the sin" had not been bought by many folks including ordinary Jamaicans who are labelling the over reaction by the group as hypocritical owing to the fact that they have not responded so organised to other more serious societal ills.

First here is the article

K. Dwyer, Guest Columnist

Harry Walcott, pastor of Christian Life Ministries, writes a verse from Jamaica's national anthem on a placard moments before a motorcade heading to Half-Way Tree for an anti-sodomy rally. - Norman Grindley/Chief Photographer

Harry Walcott, pastor of Christian Life Ministries, writes a verse from Jamaica's national anthem on a placard moments before a motorcade heading to Half-Way Tree for an anti-sodomy rally. - Norman Grindley/Chief Photographer

So it must have been the rave thing to do on Sunday when 25,000 men and women left their homes to protest in hope of eliminating or possibly exiling the LGBT community?! Give me a break!

I'm just throwing it out there to the 25,000, and please give honest answers! How many of you were fornicating before you took to the streets? How many of you left your homes without ironing clothes for your sons/daughters/husbands/wives for the coming week to jump on the wagon?

How many didn't cook Sunday dinner because the march was going to fill your stomachs with all the necessary nutritional elements to keep your bodies alive?

How many of you left your children at home to join the march instead of giving your families quality time, helping them get ready for graduation, reviewing summer-school notes or just listening and being present?

How many different sins did some of you commit before taking to the streets? How many of you are men and women in the closet living 'down-low' and protested because you didn't want to jeopardise your posts, and so you sold out your own kind?

The Church is very hypocritical. The Bible says, "Judge not and ye shall not be judged," yet you put yourselves on pedestals judging others. NEWS FLASH! You people are not GOD. He did not say the Church will have to condemn or commit malicious acts against you before you could get to him!

How many of the persons marching have children out of wedlock, are stealing, murdering, raping and committing other heinous crimes, yet you guys are protesting about GAYS that don't see you! The Jamaican dollar has slid to 112:1 with the US dollar. Protest about that.

Stay out!

My bedroom is NOT your playground, so I don't see why you want to enter it! The same sexual methods that you use to satisfy yourselves are the same ones we use. The only difference is that we choose to be sexually satisfied by someone of the same sex.

Our bedroom business has a closed-door policy. Hence, STAY OUT! Sure, we can share a few tips and tricks with you, but why should we? We invented some of the ways you use to sexually satisfy your partners.

Portia Simpson Miller, your dear prime minister, gave a commitment to review the buggery law and failed to honour that promise. She is an upstanding political hypocrite with a bang and a hidden agenda to keep her seat in Gordon House.

The heterosexual community is adamant that homosexuals are a threat to them and that is contrary to their beliefs. We do have a type that we are attracted to, and it is NOT heterosexual men and women!

Let me just say to the 25,000 of you out there and the multitudes: gays will always be in existence and more progressive because we are looking into making the world a better place and more uplifting.

So to the pastor man who is lashing out and the politician, what's in the dark must come to light! My bedroom is my play area and what I do there stays there. Your application has been denied!

Feel free to respond to columns@gleanerjm.com and kimswaggerkid@gmail.com.

ENDS

A recent RJR interview a day after the rally showed up the hidden intent as the president of the Lawyers' Christian Fellowship Helen Coley Nicholson referred to their group as the real civil society clearly pitting other groups as irrelevant or their causes not clear. This kind of divisiveness is disturbing indeed coming from so called Christians, they have even gone as far as to malign the more traditional churches who have not supported the CAUSE initiative as supporting homosexuality.

also see for some additional coverage:


Betty Ann Blaine Deliberately Conflates Same Gender Attraction & Child Abuse at Christian Anti Gay Mass Rally & in Public Advocacy

More Overreaction to the Jamaicans for Justice Sex Education Course & Media Senationalism 


Pastors Push Enumeration As Hedge Against Buggery Repeal (Gleaner July 1 2014) obviously the JFLAG change in the call to decriminalization has gone unheard deliberately or unnoticed. So much for pro-activity from our goodly advocates

The False Dichotomy of the religious right on the LGBT advocacy Godlessness

Espeut, West says “Homophobia” was invented to abuse Christians as hate speech

Betty Ann Blaine & foreign religious zealots continue their paranoia & misrepresentations of male homosexuality

Church claims future victimization if buggery is decriminalized in Jamaica

Spilling homosexual blood .... Observer Headline 29.11.09

Lesbians Do Have Morals 2009

More gay marriage paranoia & hijacking of the homosexual debate by fanatics 2014


Professor's Bain's Testimony Threatened Foreign Funding (Gleaner letter)

Lessons to learn from The Professor Bain Matter?




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



Monday, June 30, 2014

Lloyd D'Aguilar on The Church Preaching Itself Out Of Relevance in Jamaica

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Radio host and rights advocate with his own style of advocacy Lloyd D'Agular's letter became the letter of the day and pleasantly surprisingly so seeing that the Gleaner in recent times had sunk to a low in terms of true journalism from walkouts by award winning staff from press conferences (CVCC) to the tabloid type writing on the JFJ CVCC funded sex education course.

I am not a big fan of his per say but give unto Ceasar what is due unto to Ceasar and he has been interviewing more LGBT spokespersons since his new stint at HOT102FM's Morning Edition.

With yesterday's mass rally by a hastily formed anti gay group Jamaica CAUSE and their threats to vote out any administration that repeals buggery (when that call has since changed by JFLAG though so late to decriminalization) the deceptive conflation of same gender sex with abuse is on twinned with reparative therapy and blocking any attempt to allow coverage under law for sexual discrimination.

video

video clip from "For The Bible Tells Me So" that made it clear that reparative therapy can be dangerous


Lloyd's letter:

LETTER OF THE DAY - Church Preaching Itself Out Of Relevance


THE EDITOR, Sir:

It appears that the last moral lynchpin of the Jamaican Church (the fundamentalist wing at least) is hatred of homosexuals.

The Church has been forced to accept human frailties - adultery, fornication, stealing, murder, covetousness - as things which secular laws either don't regard as crimes or which the State reserves the exclusive right to punish.

The clergy cannot use biblical admonitions to advocate stoning and murder for such transgressions. To do so, they themselves could be prosecuted for criminal conduct.

But now it seems as if the clerics believe that the last moral code on which they cannot concede is homosexuality.

They are gearing up to take their last stand against the 'gay agenda', which seems also to be a referendum on their own relevance. This gay agenda, which the clerics keep fuming against is, in fact, a human-rights agenda.

Morally speaking, the State does not have the right to be involved in the bedroom affairs of consenting adults - gay or straight. Nor can the Church realistically do anything about what people do in the privacy of their bedrooms.

Modern State

The premise of the modern State is that chattel slavery is over and the State, therefore, has no business regulating personal thoughts, beliefs, morality or sexual behaviour. The last bastion of this attempt to regulate personal behaviour seems to be drugs (marijuana and coke), abortion, prostitution, and homosexuality. It is, of course legal to drink, smoke and eat yourself to death.

The United States has moved decisively on the matter of homosexuality, going so far as to recognise gay marriage. Legalising marijuana may not be too far off.

The Jamaican clergy have a mortal fear that removing the buggery law will lead to legalisation of gay marriage à la the USA. The buggery law is unenforceable in any event, unless the participants engage publicly, which is a very rare occurrence, or the police decide to come kicking down your door based on evidence!

No gay agenda

There is no gay agenda in Jamaica other than that criminalisation of gay sex is a violation of the basic tenets of the Constitution. This criminalisation has led to murder, discrimination and social ridicule.

Having lost their thunder against fornication and adultery, which is considered normal human behaviour, buggery is now the Church's new clarion call.

The clerics never challenge the State over its terrorist methods against inner-city youths, such as the 2010 Tivoli Gardens massacre. They have nothing to say about institutional corruption - indeed, they have regular prayer breakfasts with state officials who are known kleptomaniacs.

Now is therefore not the time to flinch in front of clerical irrelevance. God is dead. He seems to have died a long time ago.

The buggery law must be repealed. LGBT Jamaicans must be protected against violence, stigma and bigotry. Clerical hysteria on the matter of gay rights sounds too eerily similar to the echoes of Fascism.

Jamaica either becomes a civilised state or it further descends into barbarism and proto-Fascism.

LLOYD D'AGUILAR

Campaign for Social and Economic Justice
lgdaguilar@gmail.com

ENDS


The Hunt for Blood Continues ..... JFJ/CVCC Children’s Homes Sex-Ed Programme Under Police Investigation part 2

More Overreaction to the Jamaicans for Justice Sex Education Course & Media Senationalism

Why did CVCC & JFJ not Fund a Project/Home for Homeless LGBT Youth in New Kingston instead of the Children’s Home Fiasco that now obtains?

Professor's Bain's Testimony Threatened Foreign Funding (Gleaner letter)

Lessons to learn from The Professor Bain Matter?

Ian Boyne: Bain exercised terribly poor strategic judgement

Anti gay religious voices where are they? .... Pastor charged with sexual assault

'UWI had no choice but to dismiss Prof Bain' says Professor Rosemarie Bell Antoine (OAS Rapporteur)

Pro-Bain Protesters To Meet With UWI Today

Buggery the only thing that makes church butts sore?





Monday, June 16, 2014

Freedom under Attack! Bain, freedoms and a complicated way to dialogue

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For the first time ever, Belize and Jamaica has almost simultaneous protest regarding professor Bain termination. The debate pitted the issue of religious-base bigotry which has a moral stamp of approval against a collective who is concern about the intersecting issues of rights enforcement and protection as part of an overall health policy concern. Historically, CARICOM member states, have not constructively and responsibly addressed the rights concerns of its L.G.B.T citizens in any substantive way. The Bain case, offers the region an opportunity to teach us all about the limits of free expression and thought and the obligations of individuals in a fiduciary relationships that involves vulnerable groups.

The broader concern for the region, is does religious-base bigotry gets a moral stamp of approval to undermine the rights of L.G.B.T citizens in the region and what happens in the struggle for rights acknowledgment which are already in many states constitutions. The recent debate about Professor Bain termination was argued as an issue of Freedom of Speech in both Belize and Jamaica. Bain, as a result, filed for an injunction on Wednesday to hold on to his job at CHART that he has held since 2001. The article says he is suing on 15 grounds and that Bain is arguing that said disagreement and subsequent termination conflicted with his right to freedom of expression, thought and conscience. He was granted his request for an injunction to prevent his dismissal from Chart on Friday this until his case is heard.

If he is really suing on the basis of "his constitutional rights of freedom of expression and thought," the case has more to do with legal limits on employee behavior than it does on contractual provisions. Interestingly, as I am researching this matter, it does not appear citizens of Commonwealth nations have a protection for "freedom of speech" as contained in the US constitution. Instead, they have laws that protect "freedom of expression and opinion," which may be lawfully restricted to respect the rights and reputation of other persons, national security, public order, public health or public morality. Basically, the distinction limits the actions of people breaching the expression of others to obscenity, defamation and discrimination.

The filing base on "his constitutional rights of freedom of expression and thought," will be interesting as the case moves through the court. In the US, there have been a whole slew of decisions (Garcetti v. Ceballos, Connick v. Myers, Pickering v. Board of Education, Waters v. Churchill, Schumann v. Dianon, Perez-Dickson v. City of Bridgeport, etc.) which uphold that neither employees in the public or private workplace are entitled to First Amendment protection if their speech: is “extraordinarily disruptive” to the workplace or work being done, interfered with the employees job performance, placed strain on his relationships with co-workers, created division within the company, or is insubordinate.

In on case precedent, out of Canada which is extremely interesting and pertinent. "Saskatchewan Human Rights Commission v. Whatcott - The decision rests on a compelling premise: that published statements treating members of vulnerable minority groups as somehow less worthy of dignity or respect – as less human – than the rest of society don’t warrant the same degree of Charter protection as other exercises of expressive freedom." (Please read case link for conclusion)

In another case, Burns v. Dye out of New South Wales is also interesting. Basically a man filed a complaint under the anti-vilification laws (the Australian equivalent to Hate Crimes discrimination laws). The ruling is interesting because it states that just because a homosexual might find the words used offensive, they are not necessarily covered by the law. (I would argue that the absence of such legislation in the Caribbean would equate to the situation where language was not covered by law.) HOWEVER, the court ruled in favor of the complainant because of the public nature of the verbal abuse.

Eweida and Others v. the United Kingdom was a decision that was appealed to the European Court of Human Rights. It ultimately is applicable under 2 provisions. One of the litigants Ms Ladele was employed by the London Borough of Islington, which had a“Dignity for All” equality and diversity policy, from 1992. When in 2004 the Civil Unions law was passed, Ladele, a Christian, refused to conduct civil partnership ceremonies. The court ruled that her view of marriage was not the same as her right to practice her religion and stated that "Islington was not merely entitled, but obliged, to require her to perform civil partnerships" as part of her employment agreement. Another litigant, Mr McFarlane, was a practicing Christian who worked for Relate, a national private, confidential sex therapy and relationship counselling service, as a counsellor from May 2003 until March 2008. He initially had some concerns about providing counselling services to same-sex couples, but following discussions with his supervisor, he accepted that simply counselling a homosexual couple did not involve endorsement of such a relationship and he was therefore prepared to continue. He subsequently provided counselling services to two lesbian couples, which did not consist of sexual therapy, without any problem. However, in 2007 he refused to offer psycho-sexual therapy, on religious grounds, to gay, lesbian and bi-sexual clients. Throughout 2008 employer and employee met many times to resolve the issue. In 2008, McFarlane was dismissed for stating that he would comply with company policy when he had no intention of doing so. McFarlane appealed to the the Employment Tribunal, and the Employment Appeal Tribunal, losing both times as they found he not suffered direct discrimination on the basis of conscience. He had not been dismissed because of his faith, but because it was believed that he would not comply with company policies. With regard to McFarlane's claim of indirect discrimination, the Tribunal found that Relate’s requirement that its counsellors comply with its Equal Opportunities Policy did put McFarlane’s religious beliefs at a disadvantage; however, those were legitimized by the aim to provide of a full range of counselling services to all sections of the community, regardless of sexual orientation. The European Court of Human Rights concurred that the decisions limiting religious freedoms were acceptable for the greater good. This case seem to Mirror the issues around Bain and will be interesting to see how the conservative Jamaica court responds in its final decision.

The case of Bain is going to be interesting in its discourse, as there is an issued about intersection of rights which the Court will be ask to define. What has happened in this bi-national case, is an ensuing discourse about the limits of free speech and its impact on vulnerable groups; the limits of employer/employee relations regarding persons in substantial leadership in carrying out the mission of his employer.


Professor Rose-Marie Belle Antoine wrote on the termination of Professor Bain contextualising the issue best: "At the core, it is about a program leader publicly undermining the very program and principles he was mandated to support. By his words and action, he voluntarily aligned himself with and gave endorsement to, a diametrically opposed, unacceptable message on an issue of grave import for the UWI.

The essence of the harm, therefore, more so than the content of the words that Professor Bain spoke, is the fact that an authoritative leader of the UWI, spoke with one voice with a litigant partywhose purpose and objectives are in direct conflict with the policies of CHART and the UWI. This litigant clearly advocates the retention of a discriminatory regime that excludes persons from enjoying rights of equality on the basis of their sexual orientation. Consequently, the testimony instantly became associated with the UWI in deeply negative and enduring ways, placing deep question marks on the UWI’s integrity and on its public commitment, not only to progressive notions of public health and HIV programming, but more fundamentally, to non-discrimination, equal opportunity, justice and human rights.

It is a fact that the elimination of discrimination on the ground of sexual orientation is a key ingredient of the UWI’s HIV programming which Professor Bain had the honour to lead for many years and about which he testified. Anti-discrimination training is a vital part of CHART’s own program, as conceded in the expert testimony. Significantly, too, the mandate of PEPFAR and the Global Fund for Aids, which funds CHART, is “to develop programs aimed at reducing HIV related stigma.”The mission of UWI’s HIV programming, HARP, as well as CHART, from the very beginning, has co-existed with a human rights agenda, a central plank of which is the need to abolish discriminatory laws on sexual orientation. This is incontestable and no one associated with itcan ever claim to have been unaware of this. I can speak authoritatively to this as one who has been intimately involved with the work of the program from its inception. Further, as an HIV & Law consultant who has been actively engaged for over 20 years in policy development across the region, for governments, international organisations and NGO’s, including on important issues of human rights and justice, I understand why this must be so.

Professor Bain’s longstanding and excellent work on HIV and public health, is without question. Ironically, it is precisely because of his high profile that his remarks and chosen association are so damaging to UWI’s reputation and credibility. The retention of Professor Bain in such circumstances threatened to destroy much of the hard-fought gains and trust that UWI has won in the fight against the scourge of HIV and discrimination in general and seriously undermined its own institutional interests. In this context, such testimony cannot be viewed as a mere personal viewpoint, isolated and insulated from CHART and the UWI’s policy position.Indeed, typically, the very reason authorities like Professor Bain are called upon to speak is because of their professional capacity which is inextricably linked with the institution, the UWI. Thus, Professor Bain cannot separate his personal views from these comments that have come to represent the institution that is the UWI, which is why they are viewed as harmful and irresponsible.

While intellectual freedom is to be protected and encouraged, the UWI has a duty to ensure that on issues where it holds itself up as perpetuating a particular policy for the benefit of the community, the persons who are chosen to take the lead on the matter, are demonstrably in accord with that policy. I cannot think, for example, that UWI could ever appoint an academic known to be a racist, or supporting racist ideology, to head Departments devoted to Race Studies or even History Departments, or a person demonstrating that he or she believes or asserts that women are unequal and their place is in the home, to head the Gender Department! There have been several ‘scientific’ studies that claim that blacks are lazy and intellectually inferior, or women the ‘weaker sex’. Does this mean that in the name of academic freedom, the UWI should compromise its core principles of equality and allow its very integrity to be highjacked? I think not.

Professor Bain, as Head of CHART, was in a fiduciary relationship, where one is placed in a position of great trust, which in turn, induces greater responsibility and duties of care. Professor Bain, and by extension, the UWI, with this testimony, violated these fiduciary duties owed to persons living with HIV, the LGBTI community and to the many who look to it for protection and guiding principle.The bottom line is this: Having given this testimony, it would be impossible for this community, the very constituency that he is supposed to serve, ever to trust Professor Bain again. Thus, the UWI had no choice, after careful review, but to change the leadership of CHART. "

The interesting thing is all this, is what will the Jamaican court decide? We will have to wait, as the drama unfolds. What we do know is that CARICOM member states have failed to uphold the fundamental rights and freedoms of their L.G.B.T citizens in any substantive way. What Bain case may do, is amplify the concerns and needs of L.G..B.T citizens in the region and finally visibilised the fundamentalists movement in the region as well as among CARICOM member state once and for all. Only time will tell.

Source:
Take a Principled Stance http://www.guardian.co.tt/lifestyle/2014-06-04/taking-principle-stand-hiv

Saskatchwan Human Rights Commission v Whatcott: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web...


ENDS

Meanwhile in Jamaica a new anti gay group AGAIN! has been formed with some wanna-be superstars pastors from unimportant churches called Jamaica CAUSE as they are not members of the Jamaica Council of Churches or other groups and claiming to be fighting homosexuality and gay marriage with a rally at Half Way Tree slated for June 29, 2014

Friday, June 13, 2014

Rapsist should be hanged ......... reactions to male rape jogger case continues

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Atty-at-Law
Barbara Gayle


The report that a male jogger was buggered recently in Queen Hill, St Andrew has led to some Jamaicans calling for all rapists to be hanged.

Many Jamaicans have been shocked by the incident and have expressed sympathy for the victim of that heinous crime and are hoping that the perpetrators will be caught.

Some vendors downtown Kingston were extremely upset about the situation, and in expressing their disgust, called for such criminals to be hanged in public.

"These things are really getting out of hand," one female vendor said as she started a conversation among the group of vendors. "Imagine this man left his house to go and jog and these wicked, no-good criminals held him up with gun and raped the man. I can just imagine how shocked and frightened the poor man must have been. I really feel sorry for him," she said.

In response, one of the vendors pointed out that the ordeal will haunt the victim for the rest of his life. She was quick to point out that no one in Jamaica is safe.

"The children are not safe, old people are not safe, women are not safe and men are not safe either from being raped or murdered," she said.

A man who was among the group said the reality just hit him that one day, he could be attacked by some homosexual men.

"Boy, oh boy, I don't think I could get over it. You know, to me, this is worse than murder because then I would be dead and would not have to live with the thought that a man raped me," he said.

The woman agreed with him that buggery was indeed a horrible crime, but said they were not sure it was worse than murder because the man's life was spared.

"All I am saying is that men who rape men must be hanged because I don't know how I would survive if a man raped my son or my husband," the woman remarked.

"Hang them, yes, they deserve to die for raping men and women. Yes all rapists should be hanged when caught," another women echoed.

Although the vendors felt that men convicted of rape and buggery should be hanged, there is no provision in law for hanging to be the punishment for such offences. The death sentence can only be passed for certain categories of murder.

However, it must not be forgotten that although the judges have been passing death sentences, the last hanging took place in Jamaica in February, 1988. There have been debates and calls for the abolition of the death penalty, but so far, it has not been abolished.

also see:
Is the Observer's Male Jogger Sodomatical Attack Story a Lie? ..... A Jogger/Blogger Poses Questions


Homo Thugs, Observer claims Gun-toting gays creating fear in Kingston ........ endgame here?

Homo-negative & homophobic feedback on the male jogger rape case continues

Wednesday, June 11, 2014

Dr Shelly Ann Weeks on Homophobia - What are we afraid of?

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Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?

It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality. Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments:

The Bible say it's an abomination

The Bible is perhaps the most popular reference when it comes to proving why homosexuality is wrong. The famous verses: Leviticus 18:22 - "Thou shalt not lie with mankind, as with womankind: it [is] abomination." and Leviticus 20:13 - "If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood [shall be] upon them." The problem with quoting the Bible is that not everyone is a Christian. Also there are other things that are "abominations" in the Bible such as adultery, fornication, lying among others. Are we suggesting that people should be put to death for these transgressions as well?

Gay men prey on young boys

There is a clear difference between paedophilia and homosexuality. Paedophiles are interested in pre-pubescent children who are unable to consent to any sexual activity. Consenting adults getting sexual is very different. Also, there is a lot of concern about boys getting raped, but the attention paid to young girls who are repeatedly molested is not quite the same.

Gay men cause HIV

In the 1980s HIV/AIDS were thought to be caused by homosexuals. That theory has long been dismissed. Heterosexuals have contracted the disease and passed it on to their partners as well. As a matter of fact, anal sex is not only enjoyed by same sex couples, heterosexual couples have been entering through the back door and they face the same risks.

Homosexuals can't procreate

I personally think that this is probably the most hypocritical of all the reasons because most persons who are having sex are not trying to procreate. For many individuals, pregnancy is a consequence, not a decision. So if you are using any form of contraceptive, you are not trying to procreate.

Gay parents will make gay children

This theory is flawed because of one simple fact: Most gay children come from heterosexual households. So clearly sexual orientation is not dependent on that of the parents.

Personally I do not think that what consenting adults engage in sexually should be a matter for legislation. Sexual identity is a personal thing and should be treated as such. As for the buggery (anal sex) law, I think it is antiquated, irrelevant to 21st century life and very difficult to enforce. I mean, are there individuals looking into homes to ensure that the penis is placed in the correct hole? Regardless of how we feel individually about this issue, remember one important fact: every human being is entitled to choose who they love, including homosexuals.

Have fun and stay sexy. 


Send your questions or comments to sexychatwithshelly@gmail.com

see: Buggery could dominate review of sex laws (Observer)

Monday, June 9, 2014

UK to deport Uganda woman for ‘not being in a lesbian relationship for 5 years’

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Harriet Nakigudde

The UK is planning to deport a Ugandan woman who applied for aslyum saying she was a lesbian saying she cannot possibly be a lesbian as ‘she has not been in a lesbian relationship for 5 years.’

Harriet Nakigudde, a 30 year old Ugandan lady applied for asylum in the UK fearing for her life because of her sexuality as a lesbian according to official documents.

Ms. Nakigudde removal directions have been issued for Tuesday, June 10, 2014, even though she has a pending Judicial review application in the High Court. There is an online petition seeking to halt the deportation.

The spokesperson, Edwin Sesange, for Out & Proud Diamond, a lobby group that advocates for LGBTI African asylum seekers notes:


“This is a miscarriage of justice for the Home Office to predict the outcomes of the courts of law in the UK. It is very clear that no action should have been taken by the Home office to issue any removal direction while a person has applied for her case to review by the courts.”

It is further reported Ms Nakigudde collapsed while boarding a plane on May 17 when the Government tried to remove her.

The UK Home Office reportedly denied her asylum on the basis that she did not get into a relationship whilst in the UK for the period of 5 years she has been here.

Under questioning, Harriet was asked what she used to do sexually with her partner in private, ;even though she explained to them briefly, she feared and was humiliated at the encroachment on her privacy.’ The Home office also used this against her.

The UK Home Office has been accused of asking very private and lurid questions to LGBTI asylum seekers, especially those from African countries.

Sesange noted, even though Harriet did reveal the names of two previous partners to the Home Office, they did not believe her, because those people are hard to track down or expose: “Harriet has kept her private life secret and she is not used to talking about it to strangers, even though it is a requirement for the Home office to encroach on people private, we strongly encourage them to stop it.”

This case highlights the handling by the UK home office of African LGBT asylum seekers after the death of another Uganda lesbian who died after being deported from the UK.

Monday, June 2, 2014

CARIMAC Intern accounts on Millsborough Ave Homeless MSM/Observer Stoning incident

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Welcome to the real world as the author got a taste of what an angry set of gay youth can be like after being neglected by not only their families but also their more privileged peers as well


photos from Observer at the time of the original report featuring some older members of the displaced populations from the closed Safe House Pilot 2009

Terror, as gays armed with bottles chase photographer



Danger on the streets logo

By KIMBERLEY HIBBERT

MY first real taste of journalism was during internship for the Caribbean Institute of Media and Communication (CARIMAC) when I was placed at the Jamaica Observer. I was excited about roving with the ace crime reporter.

One Wednesday morning we got word that a group of gay men had illegally occupied a house on Millsborough Avenue in Barbican, North East St Andrew, and were being a nuisance to residents there.

Our news team drove to the property to check out the story. On arriving, the driver instructed the photographer to be quick, and take photos from inside the vehicle.

But our photographer insisted on exiting the vehicle to get the pictures. We watched and waited anxiously.

"Weh him deh man, how him a tek so long fi come back? Mi tell yuh bout him enuh, weh him a do up deh so long?" mused the senior reporter.

Within a second of his expression of impatience, we saw the photographer racing towards the vehicle, arms and legs pumping, his camera over his shoulder. Behind him, the men in question were also sprinting with two crocus bags filled with glass bottles which they started hurling.

I was terrified. The driver turned on the engine and started signalling to the photographer to get in the vehicle quickly.

But, out of fright, the photographer started pulling too hard on the door latch and the central lock engaged. He was in for the fright of his life.

Realising what had happened, instead of waiting a few seconds to try the door again, the photographer ran, as the men were within 10 metres of him. For about 10 minutes they stood outside the vehicle playing dandy shandy with the bottles, while the senior reporter, the driver and I sat crouched in the vehicle. At one point the photographer opened the driver's door in a bid to enter, but failed.

When one of the bottles hit the vehicle the driver started going down the road slowly, with the photographer jogging behind. Eventually he ran to the passenger side of the vehicle and by that time more men had joined the bottle throwers. The driver then stretched across to the passenger door and swung it open for the photographer to jump in while the vehicle was still moving. The photographer attempted to get in and ended up having one leg inside the vehicle. Eventually he steadied himself, and we drove towards Barbican Road with a half of the photographer's body outside the vehicle.

The entire vehicle was silent up to the main road when I started snickering, then the other occupants burst out laughing.

The photographer, however, was not amused and insisted that we drive to the police station.

If our hilarity was hard for him to bear, the ordeal at the police station was something else.

We went inside and began telling the sergeant on duty what had happened. The entire station then gathered to listen. One constable sat in a corner trying to suppress his laughter.

But what knocked the ball out of the park was when the sergeant, while smirking, sarcastically asked: "So what you want me to do? Go up there for them?"

The senior reporter, not the least bit amused, gave a dry laugh and said in a very stern tone, "Yes". The sergeant then told us that if the owner did not come forward to remove the men, there was nothing he could do.

It was a hair-raising experience. I phoned my lecturer at CARIMAC and gave him the 411 about the incident. After having a good laugh, he asked in the most concerned tone, "Are you OK?" My response: "Yes sir, and I'm enjoying my internship."

We thought that was the end of it, but when we finally composed ourselves and drove back to Beechwood Avenue, we were in for more teasing.

We entered the Editorial Department and most persons appeared to be minding their business until we sat down. One brave soldier approached us and asked about the experience, some details of which had already been leaked to the newsroom. When I looked up, 12 men had gathered to hear of the showdown. While we did a re-enactment of the incident, the senior reporter and I took turns acting out what had happened to the photographer, to the delight of the editors who laughed heartily. The senior reporter jumped and I, balancing on one leg, showed them how we escaped danger.

Despite the humour of the situation, we all acknowledged the danger we would have been in if a bottle had smashed the windscreen or one of the windows, or had struck the photographer.

Kimberley Hibbert completed her first degree journalism programme at CARIMAC recently.

ENDS



The house was subsequently destroyed (the developer above) and since then the men and transgender collegues have been struggling with all kinds of deception to mask the major causation of the over populations of persons in New Kingston especially at the Shoemaker gully.








A recent documentary on UK Channel 4 (or HERE) of the newer populations deliberately overlooked the Safe House Pilot that was located at 4 Upper Musgrave Avenue under Jamaica AIDS Support for Life, JASL and suggested the property was destroyed due to homophobia by the landlord when that was not the actual reason which also led to the eviction of both JFLAG and JASL with the other tenants.


So much for deception and why we cannot get anywhere with either frontline work or finally beating stigma and discrimination.

See more posts from sister blog Gay Jamaica Watch on the issue including the original closure entry HERE 

Peace and tolerance

H

Monday, May 26, 2014

Easier access to public health care for HIV-infected gay men (Observer)

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Ingrid Brown

HIV-infected men who have sex with men (MSMs) now experience little or no barrier in accessing services at the island's public health facilities despite Jamaica's stringent buggery laws which criminalises the practice.

This has been made possible by the Ministry of Health which recently facilitated the Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG) training of some 60 health-care professionals, to sensitise them on dealing with this population.

Minister of Health Dr Fenton Ferguson told the Jamaica Observer that J-FLAG has undertaken the training of a number of health professionals across the island to sensitise them on the need to better treat with this vulnerable population.

Ferguson expressed delight that J-FLAG was able to satisfactorily complete the training programme with the health-care professionals.

"That will be very helpful, as a major concern for Jamaica is the MSMs which is now consistently showing a HIV prevalence rate of 32 per cent," Ferguson said, adding that he will be reinforcing this point when he speaks at the upcoming graduation exercise for those who benefited from the training.

Meanwhile, J-FLAG said Jamaica AIDS Support (JAS) has always operated a fully functional clinic to treat its clients, including MSMs, who shy away from the island's clinics and hospitals.

According to Brian Paul, sub-regional co-ordinator of the Caribbean Forum of the Liberation and Acceptance of Genders and Sexualities (CariFLAGS) and advocate for J-FLAG over the last decade, agencies like JAS were empowered to do work with MSMs and transsexuals because the government's health system was not very embracing of diversity

given that there was a lot of hostility against lesbian, gay, bisexual, and transgender (LGBT) people.

"When you get to the gate security guards would turn you away and nurses and other administrative staff within the compound would have been hostile, and so a lot of LGBT people relied on NGOs like JAS to provide that clinical care," he told the Observer. "However, over the years with greater exposure and education, the health-care providers at all levels are now more knowledgeable on sexual diversity and because of that they are now more sensitive to the needs of the population, so we are seeing a lot

more LGBT people accessing health-care in the public sector," Paul said.

He noted that this has been the result of years of advocacy work.

"The national HIV programme has also done a lot to empower its staff and to train persons to be better equipped to deal with the population," he said.

He noted, however, that while the majority of health care providers at all levels are sensitive to the issues of diversity, there are some

who are still interacting with their own personal prejudices and stigma.

"So they may know very well that their jobs depend upon them being tolerant and embracing of diversity, but their own personal stigma and prejudices are still present. But with the advent of the HIV-redress system and with empowerment of NGOs, less and less are we hearing of reports of real discrimination," he said.

Paul said J-FLAG's recent training session with public health-care professionals included persons from deep rural Jamaica as well as the urban centres.

The training, he said, was necessary because some persons were still not sure how to deal with LGBT people.

"Those from the furthest rural parish said they had no idea about these issues and on the rare occasion if they had to deal with a gay or

lesbian client, they were figuring it out as they went along," he said.

Meanwhile, Dr Ferguson told the Observer that he recently had a major consultation with Pan Caribbean Partners Against HIV/AIDS (PANCAP) as well as a Global Fund official and a number of other high-level stakeholders to address the issues faced by the MSM population.

"It was a two-day consultation on justice for all which is focusing on those most-at-risk such as MSMs and sex workers," he said.

Dr Ferguson said Jamaica was able to secure US$19 million from Global Fund for its HIV programme.

Jamaica was initially expecting to receive $5 million for the transitional period 2013-2015, but as the alternate member on the Global Fund Board for Latin America and the Caribbean, Fenton said he engaged the international community about the need for upper-middle income countries to continue to receive support.

"We cannot afford to lose the gain of the last decade with HIV and so we are now in a position where we will be getting US$19 million from The Global Fund which I believe coming from US$5 million is significant," he said.

Saturday, May 3, 2014

13,328 Jamaican MSM Reached by HIV Prevention says report on National HIV Program ........ but

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A statement has come to hand in recent days that the new round of Global Fund money is now available for the national program to the tune of $506 million and as of March 2014 some 13,000 plus men who have sex with men (while excluding specific programs for same gender loving women) have occurred but what does this outreach means, only condom distribution and testing? when we know especially the least amongst us in the form of homeless LGBT youth in particular (bearing in mind Maslow's theory) how can they make safer sex decisions given the sensitivities involved?

Why for example was the HFLE manual placed as an achievement when the fiasco that played out in the public domain proved that sanitization of sexuality issues is the main reason why we have the homo-negative culture fuelling the problems of displacements?

see more on the HFLE matter:


Missed Opportunities in HIV-AIDS outreach on the social scenes from 2010 for additional scope 

Here is the statement on the latest round of funding:

As it continues to strengthen the multi-sectoral response to HIV/AIDS infection rates in Jamaica, the Government has budgeted $506 million for the Transitional Funding Mechanism programme.

As contained in the 2014/15 Estimates of Expenditure currently before the House of Representatives, existing gains consolidated, and activities scaled up to reduce transmission of new HIV infections, while mitigating the impact.

The project, which is being jointly financed by the Government of Jamaica and the Global Fund is being spearheaded by the Ministry of Health.

Targets for this fiscal year include: increasing the number of schools targeted from 43 per cent to 74 per cent, with at least one teacher trained in life-skills based Health and Family Life Education, and who has taught in the last year; and reaching 490,000 students through life skills based Health and Family Life Education Interventions in School.

Additionally 3,870 commercial sex workers (CSW); 3,030 Men Having Sex With Men (MSM); and 975 inmates will be reached through prevention activities. Meanwhile, HIV counselling and testing will be carried out for 270,000 persons; and 12,833 adolescents (in the 10 to 14 age group) and 47,800 youth (in 15 to 24 age group) will be reached through prevention interventions in out-of-school setting.
Anti-retroviral combination therapy according to national guidelines, will be provided, and 63,265 CD4 tests done according to national guidelines for 8,182 men, women and children with advanced HIV.

The programme will also provide Polymerase Chain Reaction (PCR) testing according to national guidelines to 2,497 infants born to HIV positive mothers; increase from 60 per cent to 75 per cent Persons Living with HIV/AIDS (PLWHA) on Antiretroviral drug (ARV) reporting at least 90 per cent adherence by pill count; increase from 25 per cent to 60 per cent reported cases of discrimination receiving redress by setting; as well as increase from 162 to 176 the number of institutions adopting policies to address HIV/AIDS.

Some of the achievements up to March 2014 include: increasing the number of schools from five per cent to 43 per cent with at least one teacher trained in life-skills based (Health and Family Life Education) HFLE and who taught in the last year; reaching 289,626 students through life skills based Health and Family Life Education Interventions in School; reaching through prevention activities 20,998 CSW, 13,328 MSM, 1,866 Inmates, 90,000 Sexually Transmitted Infection clinic attendees.

Also 24,241 adolescents (10 to 14 years old) and 75,973 youth (15 to 24 years old) were reached through prevention interventions in out-of-school settings; counselling and testing provided for 200,000 persons; 7,684 men women and children with advanced HIV received antiretroviral combination therapy according to national guidelines; 27 per cent reported cases of discrimination received redress; 162 institutions adopted policies to address HIV/AIDS; and the number of individuals in stakeholder organisations trained in strategic information, were maintained.

ENDS

Owing to the fact that there are no residential responses to homelessness in particular (remembering the Safe House Pilot 2009) that can greatly help with self efficacious work and better results but simply distributing condoms which is overall what the national systems in indeed none state actors such as Jamaica AIDS Support do with very little psycho-social, psycho-sexual work (outside of AIDS 101 workshops) and if the work is so penetrative why do we still have a high rate of infection based on the last survey suggested a rate of over 33% in the MSM cohort.

It seems rather odd to me that since the 1980s we have had hard evidence of the infection and psychological issues with some four major studies in the MSM populations and yet all that has ended as a response is condom distribution and testing, there must be more in terms of personal developmental work and not just meeting targets of testing us a guinea pigs. What is even more egregious about all this is that some of the agencies who do HIV work with MSM are either owned or managed by or linked to anti gay groups albeit that in order to qualify for funding they have to take on such populations though discomforting it is and so they do not put out any extra effort to see the needed changes and life improvements for LGBT people; then to add insult to injuries the LGBT groups or allied agencies too are just doing only enough to provide some sort of track record but no major or extra effort.


HIV and MSM community: Should we care? — Pt 2



Concerns for HIV prevalence rate in MSM in Jamaica & connected matters


Methodological Questions in Childhood Gender Identity ‘Desistence’ Research

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Kelley Winters, Ph.D.
GID Reform Advocates

An expanded presentation to the 23rd World Professional Association for Transgender Health Biennial Symposium, Feb. 16, 2014, Bangkok, Thailand. (Presented remotely, from Loveland, Colorado, USA)

It is frequently repeated in mental health literature and popular media that the vast majority of children whose gender identity differs from their assigned birth-sex, or who are severly distressed by their birth-sex, will “desist” in their gender identities and gender dysphoria by adolescence. As a consequence, gender dysphoric children are pressed to remain in their birth-assigned roles throughout the world. But are gender dysphoria and diverse gender identities just a phase?

This presentation reexamines research in Canada and The Netherlands that underlies the “desistence” axiom, with respect to methodological rigor and validity of claims.


Methodological Questions in Childhood Gender Identity ‘Desistence’ Research 

Conclusions

(1) Evidence from these studies suggests that the majority of gender nonconforming children are not gender dysphoric adolescents or adults.

(2) It does not support the stereotype that most children who are actually gender dysphoric will “desist” in their gender identities before adolescence.

(3) These studies do acknowledge that intense anatomic dysphoria in childhood may be associated with persistent gender dysphoria and persistent gender identity through adolescence.

(4) Speculation that allowing childhood social transition traps cisgender youth in roles that are incongruent with their identities is not supported by evidence.

(5) These studies fail to examine the diagnostic value of Real Life Experience in congruent gender roles for gender dysphoric children.

References

American Psychiatric Association (2014). Diagnostic and statistical manual of mental disorders (5th ed.). Arlington, VA: Author.

Byne, W., Bradley, S.J., Coleman, E., Eyler, A.E., Green, R., Menvielle, E.J., Meyer-Bahlburg, H.F.L., Pleak, R.R. & Tompkins, D.A. (2012). Report of the American Psychiatric Association Task Force on Treatment of Gender Identity Disorder. Archives of Sexual Behavior, 41(4):759-796.

Drescher, J. (2013) “Sunday Dialogue: Our Notions of Gender,” New York Times, June 29, http://www.nytimes.com/2013/06/30/opinion/sunday/sunday-dialogue-our-notions-of-gender.html

Drummond, Kelley D.; Bradley, Susan J.; Peterson-Badali, Michele; Zucker, Kenneth J. (2008), “A follow-up study of girls with gender identity disorder,” Developmental Psychology. Vol 44(1), Jan 2008, 34-45.

Kennedy, N. (2012) “Transgender children: more than a theoretical challenge,” Goldsmiths College, University of London, http://academia.edu/2760086/

Reed, B., Rhodes, S., Schofield, P., Wylie, K., (2009) “Gender variance in the UK. Prevalence, incidence, growth and geographic distribution,” GIRES – the Gender Identity Research and Education Society, http://www.gires.org.uk/assets/Medpro-Assets/GenderVarianceUK-report.pdf

Steensma, T.D., Biemond, R., de Boer, F. & Cohen-Kettenis, P.T. (2011). Desisting and persisting gender dysphoria after childhood: A qualitative follow-up study. Clinical Child Psychology & Psychiatry, 16(4):499-516.

Wallien, M.S.C. & Cohen-Kettenis, P.T. (2008). Psychosexual outcome of gender-dysphoric children. J American Academy Child & Adolescent Psychiatry, 47:1413-1423.

Winters, K. (2013) Response to Dr. Jack Drescher and the NY Times About Childhood Transition, GID Reform Weblog, July 5, http://gidreform.wordpress.com/category/childhood-social-transition/

World Professional Association for Transgender Health (2011), Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People: Author. http://www.wpath.org

War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?



War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?

A war of words has ensued between gay lawyer (AIDSFREEWORLD) Maurice Tomlinson and anti gay activist Dr Wayne West as both accuse each other of lying or being dishonest, when deception has been neatly employed every now and again by all concerned, here is the post from Dr West's blog

This is laughable to me as both gentleman have broken the ethical lines of advocacy respectively repeatedly especially on HIV/AIDS and on legal matters concerning LGBTQ issues

The evidence is overwhelming readers/listeners, you decide.


Other Entries you can check out

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Homeless MSM Challenges and relationships with agencies overview ........



In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realise the issue he held so dear in his time was treated with such disrespect and dishonour. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE

Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14



debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.

Popular Posts

RJR - Surprise Yes vote by Ja on Sexual Orientation Removal from Summary Executions Resolution

Beyond the Headlines host Dionne Jackson Miller has Arlene Harrison Henry and Maurice Tonlinson on Human RIghts Day 2012 on the the removal of language in the form of sexual orientation on the Summary Executions UN Resolution - On November 21, 2012, Jamaica voted[1] 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

Homeless MSM evicted from Cargill Avenue (evening edition)



28/08/12 CVM TV again rebroadcast a story of homeless MSM and the deplorable living conditions coupled with the almost sensationalistic narrative of the alleged commercial sex work the men are involved in. Gay Jamaica Watch has been following this issue since 2009 when the older populations of MSMs who were for the most part displaced due to forced evictions and homo negative issues and their re-displacement by agencies who on the face of it refused to put in place any serious social interventions to assist the men to recovery CLICK HERE for the CLIP

Information, Disclaimer and more

Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use theHappenings section to select other posts of a different nature.


Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless


Other Blogs I write to:
http://glbtqjamaica.blogspot.com/
http://glbtqja.wordpress.com
Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

contact:
lgbtevent@gmail.com

Steps to take when confronted by the police & your rights compromised:

a) Ask to see a lawyer or Duty Council

b) Only give name and address and no other information until a lawyer is present to assist

c) Try to be polite even if the scenario is tense

d) Don’t do anything to aggravate the situation

e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports

f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions


j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it
glbtqjamaica@live.com

Notes on Bail & Court Appearance issues

If in doubt speak to your attorney

Bail and its importance -
If one is locked up then the following may apply:

Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime. There are two standards that must be met:
1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight"

Locked up and appearing in court:
 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest:
 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?
b) Are there any other charges that the police may place against the accused?
c) Is the accused likely to interfere with any witnesses?
d) What is the strength of the crown’s/prosecution’s case?


 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process


Human Rights Advocacy for GLBT Community Report 2009

What Human Rights .............

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.