What kind of cleasning practice do you follow?

GLBTQ Jamaica 2011 Summary 02.01.12 (AUDIO)

Sunday, March 18, 2012

PNP's Damion Crawford says it's highly unlikely buggery review will happen ........ it's not important now he concludes

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Damion Crawford State Minister in the ministry of tourism in a follow up interview on CVM TV’s Direct with host Garfield Burford on Wednesday March 13th tried to explain his recent comments at a function that was carried as a news item on the same television station on the promised Buggery Law Review by his boss Prime Minister Portia Simpson Prime Minister Miller who in the run up to the last general elections promised a review of the law along with a conscience vote on the matter. Mr. Crawford as extensively reported in a previous post has satirically suggested that no gay member of parliament is going to come forward and he doubted that the issue would be even raised in parliament.


Damion Crawford PNP Member of Parliament

In what now seems a PR stint on the face of it or some sort of damage control in light of the perception given that the review of the law would automatically mean a repeal he seems to be capitalizing on this. Bearing in mind also the other perception though not in essence true in that of the supposed 100 day ultimatum given by none other than JFLAG in a botched interview which was interpreted as such leaving the group to be putting out fires in sections of the media as the public became somewhat incensed as to the perceived demand. It is just over seventy days since the new PNP administration is in power.

Considering the issue of Mr Crawford’s cynicism and the Don Anderson recent poll commissioned by CVM TV which gagded the views of 1000 Jamaicans on the buggery issue the question was posed “What would be your perception of the government if it were to repeal or review the buggery law?”



Most respondents said they would be less favourably inclined amounting to 61% with 9% not responding to the question while 7% responding favourably while 23% saying it would not make a difference. Why did Mr. Crawford take on this issue at this time? He responded in the opening of the interview that he was not against the review he said what he was trying to prove was that people have power over parliamentarians and that parliamentarians are aware of the people’s views and may not want to move in that direction in fear of losing support. “Why aren't they using that same power to ensure education is treated in a particular way?” he asked hinting in my view that the buggery law is not important at this time if at all and tacitly contradicting himself when he said he was not against a review. “At the end of the day it is unlikely that a politician will seek to vote in favour of removing the buggery law because he feels he will lose favour with the people, however they can do other things that are essential and more influential on our daily lives ..... that we are unwilling to exhibit that same power ....” he tried to say that the people’s power should be more widespread not just to this issue.

He continued in answering Garfield “Why did Mrs Simpson Miller in your view say this in the debate?” “There is nothing wrong with saying that you’ll have a conscience vote Mrs Simpson Miller understands that it is about a group ........... to have all us say what we perceive or are picking up from our constituents nothing is wrong with that, I could not have understood how it automatically became that she was in favour of a repeal, you don’t even know what her conscience vote would say, therefore to say that we will have a vote in parliament I can’t see anything wrong with that.”

“If the majority of parliamentarians based on their conscience feels that it should be reviewed then it would be reviewed so therefore the possibility would exist once you have a vote on it once it is considered, again it doesn’t mean that her inclination is there or not there, what we’re saying is that her substantive point is she was not going use someone’s sexuality to decide if they are capable or incapable that was the essence of the question, would she have a person of homosexual view in the cabinet, she says she wasn’t going to research that person’s sexuality and that is fear, I am not going to research somebody’s sexuality to see if you’re homosexual or not and then to say you are ineligible to be employed, I don’t think that that is right. The fact that you don’t support a type of life style it doesn’t mean that that person should be punished by the society in any way and that’s what she was saying.”

In as far being diametrically opposed to the Golding not in my cabinet pronouncement he said that there are many other things former PM Golding stood for and the PNP in disagreement so that would be nothing new “What we want in our cabinet is to have people with the greatest ability to achieve the goals of the country.” He said he was not Rastafarian by faith but wears his hair in respect to his father as he is but he (Damion) does not subscribe to Haille Selassie being God.
He tried to also represent the point that the same zeal used by the public to oppose the buggery law should also be applied to education, health care and others as the people are not sufficiently interested. “But this one issue is the one that everybody is totally concerned about, I want them to transfer some of that concern and some of that influence to all the other issues.”

Host Garfield Burford then asked a more profound question: “Do you think in your own view as one of the younger members of parliament and a first time member of parliament that there will ever be a point in Jamaica where views change significantly in this area of homosexuality?” (to me a yes or no answer) he responded “I don’t know, sometimes the more one group pushes the more it is resisted, sometimes that is the case, the reality of the situation is that Jamaica has no homosexual laws, buggery is the law that speaks to penile and anal interaction, it means therefore that if a male buggers a female he can equally be arrested ......... a lesbian couple can’t be charged with buggery ............ if anything it is a sexist law more than an anti homosexual law because women can’t be charged with it but men can with it, it’s the same with rape for example doesn’t mean therefore that rape should be taken off the books, so the argument being put forward of the buggery law as a anti homosexual thing isn’t in itself correct.”

Garfield Burford: “How do you think that should be corrected, because you say that it’s sort of sexist law?” Mr Crawford replied “No I don’t see it as sexist I am saying that if there is any claim, it’s the same as men can rape but women can’t rape so therefore it’s not like I am perceiving it as sexist ............ if there is any prejudice it would not be against sexual orientation it would be against gender, the reality of the situation is that the concept that because of the buggery law is proof that we are anti homosexual is falsehood because it doesn’t apply only ....... the reality of the situation is that any parliamentarian in my mind represents the views of the people, I am elected as a representative ............... when they refer to me they say representative from East Rural St Andrew, it is therefore above me therefore having been elected to represent my own views then become superior to the views of the populace, I must represent the views of the majority in my constituency (Garfield Burford interjects: “...presumably Mrs Simpson Miller as Prime Minister she represents by that argument taken to its logical conclusion she must represent the majority of the views of the people of Jamaica?”) she will represent the views firstly of her constituency, now when the amalgamation of all representatives come together she automatically represents the view of the country .”

Garfield Burford: “What about the argument then that because the majority of persons in Jamaica are still opposed to any review or repeal of the buggery law then she should perhaps not try to have members who are gay, homosexual in her cabinet?”

Crawford said: “What I just said to you that buggery and homosexuality are not automatic, so therefore that don’t mean that, the fact of the matter is that is there a process to ascertain with certainty that a person is of a particular sexual persuasion? (he replied no) ....... you cannot look at man or female and automatically know their sexual preferences. We had never had a situation where there is a self confessed politician victorious in the first place and then secondly to be considered there, the question seemed to have arisen out of the pigment of someone’s imagination, more so that one that is of great importance to the development of the nation ........... In the same way that we have consistently have parliament who are afraid and unwilling to touch the buggery law because of the perception that it is automatically homosexual accommodation is in the same way that we shouldn’t have a system that is turning out two children that can’t read very good and one children that can read” (his actual words)

He erred at a point in the interview where he said in response to a question posed on the gay community’s desire to have the law reviewed. He described the so called majority as normal, “There are many things that many people want within a society, the government has a responsibility I believe for the greater good for the greater majority at this point for some reason right which by socialization or otherwise ........... The normal Jamaican is not, sorry, the average Jamaican is not in support of a repeal, it is our responsibility .......... a review in my mind it doesn’t affect the reality, people should be open to the review but then the outcome based on the point I am making of the people’s power will be that very, I predict zero politicians would be willing to risk their political careers based on the people’s influence and that is the central point, the people’s influence is great and this is the evidence of it, they therefore should use that influence to change more important things, what are the most important things facing this country right now? The most important thing facing us is the ability for our children to go through school and come and being equipped to survive in a new society, a knowledge society, why therefore are we not paying equal attention as a people to that? Why are we not paying equal attention to health policies? And so what I was saying in the conversation we were having at the presentation was people power is further than the election, it goes to the governance because the politician can only act in ways that he perceives will find greatest favour with people if he is to be successful as a politician.”

Mr Burford asked Mr Crawford if Mrs Simpson Miller in the last general election was trying to straddle the fence or appeal to both gay voters and otherwise? The question was posed on the perception that there is a powerful homosexual lobby in Jamaica who want a review of the buggery law, was she trying to be politically expedient? Mr Crawford replied “remember you know her point was we , she was not willing to research someone’s sexuality to hire, it was a follow up question that then she said yes, she’d be willing to review and each representative by extension each individual if it is supposed to be in the best case because I’m supposed to represent the views of my people therefore if in such a review I should go and interact with my constituents and so should the other 63 (there are 63 seats in parliament) and come with a consensus from the constituents and so therefore the nation would have had their say on it, we could have a referendum for example which is another form of review, the point that you are willing to review is not pondering to both sides because the outcome will be either or this is an outcome that can be a middle ground outcome, it’s not a grey area, it is either it is repealed or not repealed.”

He confirmed that there has been no moves on the issue since the party has come to power some two months plus, “nothing has been moved in parliament to my knowledge.” As for JFLAG and the perceived 100 day ultimatum which they tried to clear up after a media report presented a radio interview as such Mr Crawford suggested again that other groups are lobbying for their own causes such as the Private Sector Organization of Jamaica, PSOJ, “there are always groups in society that want different things. I want for example for sign language to be taught in schools. They are some persons who want marijuana to be legalized, that fact that a group wants some movement don’t mean automatically that we can all have it in two months”

Then came the other million dollar question by Mr Burford for some despite denials to that effect, “Did the party get any help financially assistance, contributions from the gay community because of Mrs Simpson Miller’s statement in that debate?” Mr Crawford responded “Not to my knowledge, no, I don’t know, I wasn’t the centre of that I was busy on the road walking up and down but I don’t know of any contributions from any particular group because of that statement and if so they would have misread the statement because a review can’t be sufficient, there was a review of hanging what has happened since” He continued “The context is that we have politically for reasons and otherwise seem to come to a conclusion that a review automatically means a repeal and it is in my mind because of the influence of the people that that is highly unlikely.”

The interview steered to tourism issues.

The somewhat cumbersome roundabout answering of direct questions (as the program is themed) is worrisome to me and the shifting goalposts too. On one hand he is calling for the public to be as energized on other national issues but on the other he is dismissing the review of the buggery law as unimportant while expressing the long held fear factor by his predecessors of directly confronting this issue bearing in mind that albeit the promise by his boss Prime Minister Portia Simpson Miller (the she was opposition leader) did not stop the PNP from winning but then again there was electorate burn out and disillusionment with the poor performances overall of both political parties. The nation was also weary from the protracted Manatt Dudus commission affair so only core voters came out on election day for the PNP while the incumbent supporters ate all the food and revelled on the campaign trail making the party thinking it had a second term in the bag but they didn’t vote on the day when it mattered.

Strange circumstances here I think, what is the purpose of Mr Crawford standing alone publicly on this matter when none of his other PNP colleagues have responded publicly so far?

Is this a diversion or a delay tactic? 


Mr. Crawford seems to have forgotten his question he asked at that function where he said, "Which Government you think is going to try to legalize homosexuality?" where he answered "none of us are going to try to do it," with the crowd laughing in jest and he encouraged them by saying "Not just of out probability there must be even one homosexual in the parliament but him nah go raise up him hand cause de people nuh inna dat" [he is not going to raise his hands because the people are not into that] yet in the above transcript he tries to paint a picture to say buggery and homosexuality are not synonymous, what gives here, really? Can we conclude that the promise by Mrs Simpson Miller was just that? Another promise?

for some background on the JFLAG 100 day demand misconception go here: 

JFLAG wants PNP to discuss Buggery Law within 100 days of assuming office


As for JFLAG ………… mistakes such as granting a telephone interview (sans any consultations with the community I might add) to the media in a “hot environment” when homosexuality or related matters are in the public domain is a no no, all the J should have done was waited and not mention anything at all to do with any time line in any way, shape or form now for it to be misrepresented as an ultimatum. We have had previous misconceptions before of JFLAG’s position by media and one would have thought that as a former media participant himself the Executive Director of JFLAG Mr. Lewis would have known the ins and outs of local media with regards to hot button issues such as this. The San Francisco boycott some years ago and the suggested EGALE tourism boycott as well are prime examples of learning curves for the group and speaking just a little too much but when it’s time to speak there is silence. How many mistakes are there to be made before it is perfected? one never knows. 


Peace and tolerance

H

Tuesday, March 13, 2012

Say No To Hate Music Petition for anti gay artists slated for European shows

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Sizzla one of Jamaica's caustic artists is slated to make appearances alongside other artists in Europe in the coming months and a call has come through a petition captioned above to Say No To Hate Music from LGBT activists in that side of the globe. Let us not forget in late 2011  ..............


 

Sizzla himself broke the RCA, Reggae Compassionate Act by performing an anti gay anthem "Boom Bye Bye" by fellow artist Buju Banton in Montego Bay at a Coca Cola sponsored event. Coca Cola (Coke Zero) at the time upon news of the infraction brought to their attention offered an apology overall and directly messaged me and commented on my sister blog GLBTQJA on Wordpress the following: 

This is Carlos from Coca-Cola. We, too, were deeply disappointed that a program intended to celebrate the heritage of Jamaica included an unacceptable performance that in no way represents the views or values of the Coca-Cola system.

Diversity is one of our key values, and we do not tolerate discrimination of any kind, including discrimination based on sexual orientation.

As a result of this regrettable incident by one artist, we are reassessing and strengthening our efforts to ensure that events we sponsor are not used as platforms for espousing hatred and discrimination. We are continuing to work with the advocacy groups that brought this situation to our attention.

We apologize to all who were offended by this performance, and we we want to ensure that our views on this incident are clear.

Carlos Diaz
Coca-Cola Caribbean


The Petition's call: A number of clubs in Europe (also in Belgium again where a show was cancelled before) will offer a stage in March and April 2012 to an "artist" who calls for the murder of LGBT people, To read more about what I'm trying to do and to sign the petition, click here:

http://www.change.org/petitions/say-no-to-hate-music-don-t-give-a-platform-to-singers-who-call-for-the-murder-of-lgbt-people

Let the event sponsors know what we think about their support for hate and violence. Tell them that we will not tolerate it anymore. Last year another petition was a huge success and together we could prevent most of the concerts of a similar singer.

It'll just take a minute! Together we can make a change!

Why This Is Important

A number of clubs in Europe will offer a stage in March and April to an "artist" who calls for the murder of LGBT people. It is time to speak up again and to call for a boycott of these events and their sponsors. Several clubs invited the singer Sizzla, who uses his songs to encourage the murder of homosexuals:

Here are some of Sizzla's lyrics (translations in parentheses):

In "Pump Up" he sings:
Step up inna front line (Step up to the front line)
fire fi di man dem weh go ride man behind (burn the men who have sex with men from behind)
Shot battybwoy, my big gun boom (Shoot queers, my big gun goes boom)

In "Boom Boom" he sings:
Boom boom! Batty boy them fi dead (Boom boom! Queers must be killed)

In the song "Get To Da Point" he sings:
Sodomite and batty bwai mi seh a death fi dem (Sodomite and queers, I say death to them)
Mi no trust babylon fi a second yah so (I don't trust Babylon for a second)
Mi a go shot batty bwai dem widdi weapon ya (I go and shoot queers with a weapon [as in gunshots])

At a reggae concert in Chicago in April 2002, Sizzla bragged that he kills queers, and also incited the audience to murder gays and lesbians: "mi nuh go tek back mi chat... mi kill sodomite and batty man dem bring aids and disease pon people... shot a kill dem, mi nuh go tek back mi chat" [I wont take back my words... I kill sodomites and queers, they bring AIDS and disease upon people... shoot and kill them, I won't take back my words.]

In 2008 he was arrested and sent back to the United States after he arrived for a concert in Madrid after Spanish human right organizations protested against what they said was his call for violence against homosexuals. In 2007, Sizzla's concerts in Toronto and Montreal had been cancelled after protests. In 2009 and 2010 several concerts in Germany had been cancelled after public protests against the concerts. Two of Sizzla's albums are forbidden to be sold in Germany, and a German politician compares this kind of music with neo-Nazi music. We must build on this growing movement.

These songs are all on YouTube. And these are not all of Sizzla’s homophobic songs. Sizzla signed the Reggae Compassionate Act agreement promising to “respect and uphold the rights of all individuals to live without violence due to their religion, sexual orientation, race, ethnicity or gender”. But he violated his agreement immediately. In an interview in the Canadian entertainment magazine 'Hour', Sizzla said: "...burn sodomite, burn battyman. Burn all things that are wrong. Burn it... We must get rid of Sodom and Gomorrah right now..."

We demand that the 18 Clubs (Live Club in Milano, Atlantico in Rome, Reigen in Vienna, Travastia in Helsinki, Strand in Stockholm, Rockefeller Music Hall in Oslo, Melkweg in Amsterdam, L'Oval in Nancy, Heidegger in Rotterdam, Oosterport in Groningen, Vooruit in Gent, TMN ao VIVO in Lisbon, La Rocher Palmer in Bordeaux, Rockstore in Montpellier, Apolo in Barcelona, Sala Arena in Madrid, Sala Vivero in Malaga, and Rambleta in Valencia) to immediately withdraw their support of people who call for hate, violence, and murder -- towards gays, lesbians, bisexuals, and transgender people, and anyone at all!

Other clubs slated to book artists include

Club Atlantico in Rome, Italy
Club Reigen in Vienna, Austria
Club Atlantico in Rome, Italy
Ufficio Stampa (Club Atlantico in Rome, Italy)
Travastia in Helsinki, Finland
Travastia in Helsinki, Finland
Rockefeller Music Hall in Oslo, Norway
Rockefeller Music Hall in Oslo, Norway
Rockefeller Music Hall in Oslo, Norway
Melkweg in Amsterdam, Netherlands
L'Oval in Nancy, France
Heidegger in Rotterdam, Netherlands
Heidegger in Rotterdam, Netherlands
Vooruit in Gent, Belgium
TMN ao VIVO in Lisbon, Portugal
La Rocher Palmer in Bordeaux, France
Rockstore in Montpellier, France
La Rocher Palmer in Bordeaux, France
La Rocher Palmer in Bordeaux, France
Rockstore in Montpellier, France
Sala Apolo in Barcelona, Spain
Sala Arena in Madrid, Spain
Sala Vivero in Malaga, Spain
La Rambleta in Valencia, Spain
Promoter (Bunfiresquad)
Eventlocation (Melkweg in Amsterdam, Netherlands)
Live Club in Trezzo sull'Adda (near Milano), Italy
Vooruit in Ghent, Belgium
Vooruit in Ghent, Belgium
Rockefeller Music Hall in Oslo, Norway
Rockefeller Music Hall in Oslo, Norway
De Oosterpoort in Groningen, Netherlands
De Oosterpoort in Groningen, Netherlands
De Oosterpoort in Groningen, Netherlands
De Oosterpoort in Groningen, Netherlands
De Oosterpoort in Groningen, Netherlands
Melkweg in Amsterdam, Netherlands
Strand in Stockholm, Sweden
Strand in Stockholm, Sweden
KB West and Maestro Prod. (Tim Badejo)



Go HERE TO SIGN the Petition & spread the word.
Peace and tolerance

H

Monday, February 27, 2012

PNP's Damion Crawford on Homosexuality's legality ..........................

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Government member of parliament for East rural St. Andrew Damion Crawford (photo) has come out in a snickering tone to suggest that the promised buggery law review by his superior Prime Minister Portia Simpson Miller in the election debate in 2011 may not even be brought to parliament, he hinted what some of us have been repeating that it would be political suicide to seem to side with homosexuals but in the twist that was the last election his party the PNP won the election although the issue came late in the campaign but with an already disillusioned public towards politics in general and the then ruling party the Jamaica Labour Party, JLP suffering from total disgust by its own supporters the buggery review did not stop the PNP from wining.


Winning an election is one thing but for me being in power with a slim majority as total voter turn out was just at 50% the PNP may not have real support out there on anything they do and that disullusionment towards politics is still alive just judging by the cynicism towards the promised jobs through the JEEP, Jamaica Emergency Employment Programme which has been stalling since their taking over the reins of government and other economic issues becoming more pronounced and crime spiralling out of control many are wondering if they made a mistake by staying away from the polls and not re-electing the JLP. Let us not forget that the PNP does have the two thirds majority needed to change entrenched constitutional matters.
 
All other kinds of blame is now being placed on the Jamaica Labour Party's one term tenure a first for any party to have been voted out after such a short run, the PNP is aware of this that they have to deliver on promises including the review of the buggery law and conscience vote. But with the 100 days fast approaching and advocates Jamaica Forum for Lesbians Allsexuals and Gays, JFLAG's foot in mouth syndrome leaving them with having to be putting out fires all over after a botched 100 days suggestion for review was scuffed at by many they retreated saying they never gave a timeline for any action by the government. Please see: 

JFLAG wants PNP to discuss Buggery Law within 100 days of assuming office


Now comes this news item with Mr. Crawford literally laughing at the thought that homosexuality would be legalised when in fact it is not illegal and playing with the immediate audience he addressed and by extension the public who will see or have seen the video. There is nothing funny about this issue. Here is a clip from CVM TV's Newcast on February 26, 2012 on Mr. Crawford's utterances at a function.

video

Some questions:

Politics playing out here to get support on his part at the expense of a sensitive matter?

is this a testing of the waters via his popularity in the party and by extension the country?

What does he really mean when he hints that no government is going to bring the motion to legalizing homosexuality to parliament? (bearing in mind homosexuality is NOT illegal in Jamaica)

Is this a delay tactic to push the promised review away from the 100 day expectation though denied by JFLAG that they asked for such timeline?

Does Mr. Crawford really believes the issue is about legalizing homosexuality as he puts it or buggery? (by substituting the language buggery to homosexuality it will ignite responses from the public thus strengthening party support against same)

Has anyone noticed the snickering of the audience he was addressing, is that a sign of the cynicism towards the matter of reviewing buggery?

Was he saying that there is an LGBT member in the house but that they maybe coward to come out in public? (seeing Portia had said she would appoint persons based on competence not sexual orientation)

Is he correct when he said it is not what the people want? (i.e legalizing homosexuality as he puts it)

Is he dodging rumours of his own sexuality by making this presentation?

Is this a smoke screen to avoid direct questions on the struggling JEEP,  Jamaica Emergency Employment Programme and other matters bedevilling their administration thus far?

Was the promise to review the buggery law a fluke to get pink votes as I have asked before in previous posts? also see: PNP Wins ................Hope for LGBT People ???

Is the PNP hierarchy coming under pressure not to go the route of the promised review by religious forces and otherwise so the PR is on to dissuade the thought in the public's mind? also see: Lawyers' Christian Fellowship's Shirley Richards says lesbian sex should be criminalized as buggery ...........

Is there a fear that a backlash from constituents if they vote yea in a conscience vote if and when it happens so the no vote mindset is being prepared from early in the game?

Questions to ponder as politics in Jamaica can be unpredictable, this can still be a sensitive issue for the People's National Party as homophobia is rife non the less despite the PNP's success at the polls in the wake of the promised buggery review but what is the JLP going to do as well?, they have been having their internal drama as is usual for parties who were in power but now in opposition where struggles become more pronounced. Also bearing in mind they attempted to use the perceived popular homophobic sentiment to gain momentum on their part at the time Prime Minister Miller made the promise but it still did not pull out their supporters in sufficient numbers to vote. 

See what you make of this development from left field readers, as for me I have my doubts still if there will be any buggery law review and Mr. Crawford's utterances helps me none.

Peace and tolerance

H

(clovis cartoon from the Jamaica Observer)

Saturday, February 25, 2012

PrEP Could Be A “Game Changer” In Fight Against HIV .......

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Analysis examines biomedical prevention technology to be reviewed by U.S. Food and Drug Administration by June 15, 2012

Pre-exposure chemoprophylaxis (PrEP)—taking antiretroviral medications to prevent HIV transmission—could be a “game changer” for HIV prevention. PrEP has demonstrated partial efficacy with men who have sex with men (MSM), transgender women, and heterosexuals in several recent studies. Recent modeling of PrEP implementation coupled with scaled up treatment predicts that PrEP could significantly reduce HIV incidence and prevalence. And if PrEP is accompanied by sustained care, behavioral interventions, and safety monitoring, PrEP need not lead to increased sexual risk behavior or drug resistance.


The latest Policy Focus from The Fenway Insitute summarizes the state of PrEP and microbicides research as of January 2012, looks at willingness to use PrEP among various populations, addresses concerns about PrEP that could present obstacles to implementation, offers strategies for effective implementation, and examines policy issues related to cost and how to make PrEP accessible to those most vulnerable to HIV.

The Fenway Institute’s analysis found that the most effective prevention interventions will be those that combine behavioral interventions, structural interventions, and emerging biomedical technologies, such as PrEP and microbicides. The analysis concludes with recommendations for implementation of PrEP, including:
If the U.S. Food and Drug Administration (FDA), which is considering approving FTC-TDF for use as PrEP, feels that research on PrEP’s efficacy among heterosexuals is inconclusive, it should consider approving PrEP for MSM now separately and consider heterosexuals, IDUs and other populations in the near future as the science advances;

The World Health Organization (WHO) should issue guidance on PrEP that takes into account the promising results of the iPrEx study, Partners PrEP, and the Botswana CDC study;
Following the release of the Bangkok injection drug user (IDU) trial results, if appropriate the U.S. Centers for Disease Control and Prevention, the U.S. Public Health Service, and the WHO should issue guidance for PrEP with IDUs.;


States should provide access to PrEP as a critical prevention service and prescription medication under the Essential Health Benefits provision of the Affordable Care Act;
State Medicaid programs should also cover PrEP as a cost-saving measure that will improve public health and ultimately save money in health care costs;

Provision of PrEP to MSM and transgender women should occur in a broader context of ensuring clinically competent health care to gay, lesbian, bisexual and transgender people.

You can read or download the full PDF document below or on The Fenway Institute’s website.
Policy Focus | Pre-Exposure Prophylaxis for HIV Prevention: Moving Toward ImplementationPolicy Focus | Pre-Exposure Prophylaxis for HIV Prevention: Moving Toward Implementation

Wednesday, February 22, 2012

Whitney Houston's impact on Jamaican LGBT life ................

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Writing as a fan, a DJ, Observer on the scene and just a plain mourner as we grieve from her death, Whitney Elizabeth Houston in essence is worth more than we as LGBT people in Jamaica realise if we are to seriously reflect on how her music has come to assist in the struggle in the most peculiar of ways. Her melodic tones whether it be a “You Give Good Love To Me” smoothy or a high tempo dance number such as early original studio extended and David Morales remixes of “So Emotional” “Love Will Save The Day” or “How Will I Know?” who can forget the early MTV influence as an African American artist following in Michael Jackson’s footsteps in having her video go mainstream with that cute dress, big hair, the look of innocence and the bow that had everyone talking for years about even to this day. Prior to her arrival in 1985 let us not forget the other divas such as Jennifer Holliday (who Houston adored then), Barbra Streisand, Diana Ross, Shannon, Janet Jackson, Sheena Easton, Patti LaBelle, Bette Midler, Paula Abdul, Shirley Bassey, Madonna and our very own Sheryl Lee Ralph who gave us that anthem “In The Evening” (remixed almost every year since its release) influences on worldwide LGBT entertainment circles all of whom still have an impact to this day on our landscape and with the steady stream of murder music from local dancehall artist some of whom are in the closet which directly had negative psychological and homophobic influences in those days which mostly called for our maiming or deaths it was sweet relief to hit the dancefloor of a hastily put together gay party at someone's home or expensively rented venue, the main clubs of the day be they Marshall’s, The Entourage (Brian Williamson), Club Heavens (which re-opened in February 2012) or the more UPT shindigs of the day where early DJs who influenced me worked with vinyl records and double turn tables at the time dropping hot remixes from the diva. Other Jamaicans who could afford to travel abroad would tell their stories of hearing the latest remix dropped at a packed Sound Factory  Gay Club in New York for example and the anthemic reactions from hundreds of mostly shirtless gay men or the underground smoky clubs in London where house and garage reworked versions of her songs were instant dancefloor fillers. 


 “I’m Every Woman” was and still is a drag performer’s ode along with “Queen of the Night” both from the Bodyguard Soundtrack although at the time of their release in 1993 meant far more than it does today as a mere classic for Miss Houston as the song literally gave a boost to an aspect gay male life especially for effeminate individuals or members of the transvestite community who fondly found solace when they were played and evidenced in the sing along smiling faces reactions from willing patrons at our events, a reaction that still exists today. 


I too was enthralled by this anthem and so too “Step By Step” (The Junior Vasquez Remix) which I recently drew from my archives on February 18th 2012 to spin for the kidz the night of her funeral service at a Rave in upper St. Andrew, the reaction was the same as when it was released back in the day with the entire patronage singing along and bopping as I delivered my twenty five minute Whitney tribute set at the event. I was pleased that dancemusic is still valued as a release for us and we do not have to resort to the hetero-normative dancehall materials sometimes that have now come to overtake our entertainment for mostly younger party fans but I guess it is their go at it now as they write their own historical realities. Some of these new dancehall releases though less caustic still have overtones of homophobia embedded in the lyrical content with some now hitting out at supposed downlow life, a reason for my decision several years ago not to spin such music in my playlist and one I stand by to this day leaving me as the only DJ on the circuit that caters to the children and queens who prefer femme beats and housemusic. It has not been an easy fifteen years.


Other more profound reasons were found to impersonate her with the songs as backdrop to the performances that had meaning such as grieving lost friends at wakes, candlelight vigils for AIDS victims where "I Will Always Love You" was a staple, "I Have Nothing" from the Bodyguard Soundtrack for more rousing shows with major acts as headlines all helped as cathartic exercises for the community as we saw and entertain ourselves. "Jesus Loves Me" was used one year by a young diva as her choice performance song which brought tears to the eyes of many at that JASL candlelight vigil for World AIDS Day some years ago "Try It On my Own" released from her 2003 "Just Whitney" CD became an anthem for resilience and self determination for many of us despite the public's lack lustre response to the CD and single and was performed expertly by legendary Diva Nastacia Waugh (with breast stuffing and shoes thrown in the audience), Macey Antibellum Grey when days were brighter, Andrea "Poochie" Aguilera when she ruled impersonations and Kerry Glama Sweetlife all brought their own interpretations to the track and receiving noted applause and tips from the audiences who witnessed them. The Thunderpuss remix one of the last the duo would do for Houston was also well received at the time of its release 2003 to 2004 but we soon began to see the trouble for the diva in her personal life and waited for the day when she would return to the top as she was on track to be till her untimely death.  


video
"I Learned From The Best" (HQ2 Remix) from 2000 was a club Entourage banger (no copyright infringement intended)


Thankfully the Stop Murder Music Campaigns over the years has come to silence some of the loudest voices who called for our execution and we had music like that of Miss Whitney to fall back on for alternative entertainment with a cadre of songs tastefully remixed by world renowned gay remixers, producers and DJs. Younger lip sync performers tend to pair with more older legendary divas such as Nastacia Waugh to present their renditions of “When You Believe” that duet with Miss Whitney and Mariah that instantaneously stopped the rumours that they were feuding rivals as it gave the impression Houston was upset that her position was threatened by a fast rising successful Carey then there are the other album anthems such as “Didn’t We Almost Have it All” “You’re Still My Man” “Greatest Love of All” “Where You Are” and of course the mother of all “I Will Always Love You” with the dance version becoming a major classic locally after all these years, that too was included in my set at that aforementioned Rave and even the hardcore dancehall patrons and girls were bopping all over the dancefloor to the pulsating steady 127 bpm stomper singing the lyric. Nearly everyone who was LGBT who I knew had at least one album (known then in the 80s on vinyl) or CD from Miss Houston or a CD single and songs such as “I Wanna Dance With Somebody” be it the original album version, the 12 Inch Single Extended Play or the steady stream of Remixes to follow since its release in 1987 which includes a bootleg 2012 tech-tribal version played and requested of DJs like myself or even the non housemusic spinner has had requests at parties. 


Her influence in live performances where she has set the bar so high in terms of riffs and melismatic skills is present with nearly every other diva who followed (melismas are those quick runs up or down the scale on one syllable) and it is refreshing to hear the comments from them on her influence in their own careers, everyone from Beyonce to GaGa and even Madonna we heard had an impromptu dance breakout at an audition she was having for dancers where she rocked to "I Wanna Dance With Somebody" both ruled the 80s and onwards intermittently there was even talk of rivalry between the camps although in years following both ladies have drawn a truce of sorts publicly. Both also have large throngs of gay followers.


In as far as DJs were concerned we were never out of material of Miss Whitney in fact now that I reflect on this in preparing this post it dawned on me that nearly every set mix one of us did and there have been seven jocks to my certain knowledge since my arrival in late 1996 we always had to spin a Houston dance track mostly or if it were a more romantic theme then the slow jams were the order of the play-list. The change over from vinyl records to digital formats for mixing the same selections applied as being the first DJ on the circuit to have used Automix then on to other mixing software we still draw the tracks that made the floor rock although tastes have changed but some things remain constant. More modern hits from Miss Houston have made the cut proving she still has an effect and her last two smash hits proved this “I Didn’t Know My Own Strength" has been on my play list ever since and has been joined by the last CD's title track “I Look To You” as reworked by two Brazilian DJs unfortunately “Million Dollar Bill” has not been able to resonate with audiences even as a remix. The reactions are the same as to “Step By Step” the sing along smiling faces and the words flowing effortlessly from her fans as the beats are pumped behind powerful diva vocal delivery. No pro-tools or voice enhancing technology required for Miss Houston she is clear as a bell. 


“It’s Not Right But It’s Ok” is in a class by itself as is in its original Rodney Jerkins produced format or that massive deep hard house refix by the incomparable duo Thunderpuss which even today rocks any event once requested and it is still requested despite its immense popularity, other smash hits as reworked for the gay dancefloors from that 1998 album/cd “My Love is Your Love” include Heartbeark Hotel” with Kelly Price coincidentally the last person she performed with just before her death, “I Learned From the Best” (a former Club Entourage manager’s favourite) “You’ll Never Stand Alone” an album favourite though not released as a major single but was lovingly remixed by that Latin God DJ/remixer Tony Moran who gave it the treatment it deserved with a ten minute plus opus. 


Then there are the other dance rarities and goodies such as her duet with Aretha Franklin in 1989 remixed as well entitled “It Isn’t It Wasn’t (Aint Ever Gonna Be)" taken from Aretha’s “Through The Storm” album and another Houston duet with George Michael which was a minor hit originally appearing on the “My Love is Your Love” CD entitled “If I Told You That” which was also redone by Tony Moran in an 11 minute trance house stomper version. Lesser dance remixes include “Fine” which appeared as an original on her double greatest hits CD in 2000, “Greatest Love of All” (The 12 minute Club 69 Remix), “I’m Your Baby Tonight” which struggled in the 1990s to stay on the dance charts, “Someone For Me” from her 1985 debut album which was an underground favourite and also from the same album “Thinking About You” where the extended version was and still is for radio a DJ’s favourite 12 inch pastime especially on Kool 97FM and MegaJamz FM. “Love is a Contact Sport” had a short run when a bootleg 12 inch came on stream in 1988 but it never went far, more modern bootleggers are coming especially since her death as DJs and remixers worldwide give their treatment to her classic and not so classic songs, like Madonna we are going to see a plethora of versions to select from but the more popular versions will always remain sure for our enjoyment.  


Her timing could not have been better in 1985 and she lasted for us while sharing the hits to see murder music literally deplete before our eyes, thanks Nippy for the tunes we know and love. 


 May her soul rest in peace. 


 Loving DJ Howie 


 Peace and tolerance

Wednesday, February 8, 2012

CVM TV's Live @ 7 - Gay Brain Drain ...

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February 8th 2012 was the night successful asylum seeker in Canada, lawyer and former self styled local advocate Maurice Tomlinson (seen above) made his first appearance on local television via live feed on camera on CVM TV to talk about supposed Gay brain drain, the impression given was that gay professionals were leaving Jamaica in droves like himself due to threats on his life or their lives. Truth is most asylum seekers from Jamaica to anywhere in the world especially the UK and Canada and recently Amsterdam are from the mid to lower socio economic classes who face far more real threats than professionals who are insulated in essence by virtue of their class and literal gated communities they live in. Besides there are so many ordinary LGBT folk who are threatened several times over but who remain as some of us know threats are relative in some cases. The complexities of our brand of homophobia are often left out of the limited timed interviews on media outlets.

An example of the supposed safety however of these persons from the professional class was presented by psychologist Leachim Semaj who was in studio to discuss to topic, he mentioned Stacy Ann Chin an open lesbian poet who usually returns to Jamaica for readings at the now defunct Calabash literary festival etc. and she has not been attacked, but then again she is a lesbian apart from her class insulation and SGL women are far less proned to be attacked that easily more so than perceived gay men although more butch identified women have been feeling the brunt of a new wave of lesbophobia since 2007 with evictions, corrective rape episodes and even arson. 


Leachim Semaj however reiterated a position he has long held for years that paedophilia is also going to go the route of homosexuality via its removal from the DSM, Diagnostic Statistical Manual (guide for psychologists) which was done in 1973 by the APA American Psychological Association. "We had a list of behaviours nearly 18 of them, one was taken off the list, all the others are left in tact, now the question any kind of sexual attraction that anyone has whether its zoophilia, necrophilia and so on, are those ok? paedophilia is being targeted next, paedophilia is being eased off to move into a premise where in the next five years we will hear that paedohpilia is good, it's good for the kids to be introduced early, the same we did with homosexuality in terms of moving it from the deviant to the accepted, so when you want to shift the universe in that manner somebody has to speak out. If you speak back in anyway you are labelled as homophobic" 

"Within the context of human behaviour there is a thing called natural order that which facilitates our collective survival and when you see a behaviour which is intended now, to bring that behaviour to be a centrepiece any behaviour which does not support our collective survival it is right to question it ...... in 1994 the American Psychiatric Association, APA removed paedophilia as a sexual perversion from the DSM IV .... it is now seen as it could be ok on behalf of that child to be so exposed, in 2005 they moved it even further .... that is the next one to be removed from the list, so this is not no fear-mongering." 

He complained that the evidence that gays are attacked from the professional class was not available, he continued that it is public displays of affection that Jamaicans have a problem with. "when you want your private perversion to get public acceptance that's what Jamaicans respond to, what you wanna do in the privacy of your bedroom is your personal business"
On the matter of rights however for gay persons he was not forthcoming, it was at that point that the paedophile reference was made. 
He also rubbished the reports that gays were attacked due to their perceived sexual orientation.

"The majority of instances that have been investigated where somebody allegedly is because they are homosexual is in-house, it is a lover it is someone close to them that killed them, the evidence is showing that, so to blame Jamaicans and to say we are these awful people the evidence does not support that. I can give you more instances of Jamaicans of prominence who have homosexual behaviour and public persona who are nor persecuted ..........I am saying there is no such problem it has been created from a political standpoint for persons to get visas"  

He continued to say that the problem being postured by gays has been created for persons to get visas. he ended that he does not accept the construct.


Former Newstalk 93 FM talk show host and rights activist Lloyd D'Agular however went down the road I would have gone to suggest that since intellectuals, middle class persons and professionals was the area where Mr. Semaj was zooming in on then what about those persons from below those socio economic levels who are beaten such as the cross dresser in Trelawny or other poorer persons who are gay (Maurice was silent on this part of the discourse) he went on to say it was across the divide, which to me is not really so, it's far more persons from the lower socio economic levels. He also took Semaj to task that he avoided the question about rights for gays, he said he believed that their rights should be respected.

"If we are not homophobic why do we have the buggery law on our books, why don't we remove that? 
Why is that after Portia Simpson Miller said what she said in the debate the church came down on her and there was a clarification from the Peoples National Party that the party had not taken a position and reminded us that it has to go to a conscience vote in parliament, we do know that if it is put to a conscience vote in parliament both the PNP and the JLP are going to vote to retain the buggery law so you tell me that's not homophobic?" 
The last section of that comment I so agree with and have postured same in previous audio and written posts here as well. We need to get real in this matter and stop hanging on to a dream. But if it goes otherwise then that would be a miracle in and of itself given the make up of the cabinet and senate as this post is created. Mr. D'Agular also was scaving towards the host when she suggested the LGBT community was wanting much far too quickly to which he sarcastically suggested that police should continue to beat gays or they should be abused yet still.


Despite his questionable departure from Jamaica Maurice Tomlinson seems undaunted by critics locally and abroad as to the ethical cloudiness of his public presence on gay issues, the so called threats and the perceived use of the gullible LGBT community to further his own personal agenda, a point presented by some surprise voices locally and abroad. In response to Leachim Semaj's pointers he said that it was an unoriginal argument, societies that have accepted homosexuality and the rights of LGBT people have not gone on to accept paedophilia and bestiality which is the normal trite tired old arguments that are trotted out every time this issue is mentioned.

"You are dealing with consenting adults and what consenting adults do in private should never be the pervue of the law and it's also impossible to police it anyway so I don't know where Dr. Semaj has any examples of this leading to moral decay but certainly in the societies that I have studied which have recognised the full human rights of LGBT there has been no moral decay"

He continued that it was a fear tactic to keep gays down.

The question for the night was: Do you think homophobia in Jamaica is negatively affecting our development? here are some responses read on air.




Obviously we have some ways to go here as this interview shows, clearly the ethical positions of advocacy are still in question as to the truth of what we posture or as in this case postured on our behalf without consultation and the views of a professional while he flouts the DSM which ought to be his guide as a psychologist.

also see: Questions for Maurice Tomlinson from an anonymous writer regarding his departure and more, pity the author of that Gleaner letter never named themselves, I also added my two cents in that post as well. How we conduct ourselves publicly is of critical importance in my view, privately is another matter.

Peace and tolerance

H

Sunday, February 5, 2012

Rev Clinton Chisholm on Homosexuality: Clinical Realities ..... relying on NARTH ????

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“…the genetic theory of homosexuality has been generally discarded today.”

(W.H. Masters, V.E. Johnson, R.C. Kolodny, Human Sexuality, 1984, 45)

Homosexuality as a discussion topic often provokes controversy but there are some indisputable aspects of the topic that are beyond controversy.

One such is whether there is clinical evidence for a genetic basis for homosexuality. The other is whether a homosexual can change orientation. We have learned much from cross-cultural studies and psychotherapy about both indisputable aspects mentioned here.

Let’s begin with cross-cultural studies.



Despite the remarkable similarities in the genetic characteristics of different ethnic groups, researchers have found quite a variety of sexual norms and customs in the cultures studied. There is variety in heterosexual customs as well as variety in homosexual customs and these varieties seem largely influenced by what a particular group reinforces in the raising of the young. If sexual orientation was essentially genetic then cultural anthropologists would have seen a greater degree of similarities in sexual expression within, between and among the various ethnic groups studied.

Focusing on homosexuality, it needs to be said that cross-cultural studies indicate cultural patterns that have little to do with an individual’s genes.

The evidence in this regard is available from Neil and Briar Whitehead in My Genes Made Me Do It! A Scientific Look at Sexual Orientation, 1999, 100, drawing on The Many Faces of Homosexuality: Anthropological Approaches to Homosexual Behaviour, edited by E. Blackwood, 1986, 19-33.

For instance, one prominent aspect of ancient Greek culture was that an older married man was expected to have a young boy as a lover. He would share sexually with the boy and would assist in finding him a wife when he was of marriageable age. Interestingly, the Greeks, though comfortable with homosexuality between a mature man and a boy, frowned on homosexuality between adult men because it was degrading for a mature man to be ‘receptive’ in the sex act.

Patterns similar to the Greeks have been found in ancientChina,Japan, medievalPersia, theSudan, etc.

There is also what is called the ‘Melanesian model’ of homosexuality seen in Papua New Guinea. According to this model of homosexuality “…men pass through three compulsory and sequential stages: passive exclusive homosexuality, active exclusive homosexuality, and exclusive adultheterosexuality.” (Whitehead, 101)
The culture not only requires homosexuality through the adolescent period and up to the age of marriage but requires a cessation of homosexual activity after the required period had elapsed and a switch to heterosexuality. As Neil and Briar Whitehead say about this cultural reality, “Two such radical shifts in behaviour in one lifetime would not be possible if homosexuality were genetically mandated.” (Whitehead, 101).

Why the dismissive statement about the genetic theory of homosexuality from Masters, Johnson and Kolodny above?

From a clinical standpoint, it is notoriously difficult to prove that any human behaviour is genetic in an exclusive sense. Additionally, clinical research on identical twins has been damaging to the ‘genetic’ or ‘born homosexual’ thesis. Why are studies on identical twins so important for homosexuality research?

Just think a bit, if one’s genetic makeup is the essential factor which makes one homosexual, then if you have identical twins (of the same genetic makeup) and one is found to be homosexual then the other must also be homosexual. You would have to have a concordance rate of 100%. You should not find a discordant pair at all, where one is homosexual and the other heterosexual. So what are the clinical results of the studies done on identical twins like?

Let it be clear that no study of twins, that still attracts respect in the scientific world, has come close to the 100% concordance rate needed to prove that homosexuality is genetic.

What of studies done on the brains of homosexual men? Dr. Simon LeVay, a gay neurobiologist is alleged to have found a difference in the brains of homosexuals and heterosexuals which some assumed helped the ‘born so’ or genetic thesis. It is critical though to hear LeVay’s comments on his own work. He urges,

It’s important to stress what I didn’t find. I did not prove that homosexuality is genetic, or find a genetic cause for being gay. I didn’t show that gay men are born that way, the most common mistake people make in interpreting my work. Nor did I locate a gay center in the brain. (quoted in an article by Dr. A. Dean Byrd et al in the Salt Lake Tribune, May 27, 2001)

However politically correct it might be to claim that homosexuals were born so, the claim is clinically incorrect.

Can the homosexual orientation and practice be reversed?

Homosexual activists and others would say no, but there is contrary clinical evidence.

One of the persons providing a slice of the contrary evidence is Dr. Robert Spitzer, a gay-affirmative psychiatrist and the architect of the 1973 decision to declassify homosexuality as pathological, in the diagnostic manual of the American Psychiatric Association. His preliminary comment on a study he was doing about the possibility of change in the homosexual orientation is this,

I’m convinced from the people I have interviewed, that for many of them, they

have made substantial change toward becoming heterosexual…I think that’s

news…I came to this study skeptical. I now claim that these changes can be sustained. (cited in an article by A. Dean Byrd et al, in the Salt Lake City Tribune, May 27, 2001. The article isHomosexuality: The Innate-Immutability Argument Finds No Basis in Science by A. Dean Byrd, Shirley E. Cox and Jeffrey W. Robinson, see http://connellodonovan.com/not_innate.pdf)

There is much clinical evidence of change in homosexual orientation and practice on the website NARTH, the American National Association for Psychoanalytic Research and Therapy of Homosexuals.

Therapist Jeffrey Satinover reported a 52% success rate in the treatment of unwanted homosexual attraction. Masters and Johnson, the famed sex researchers, reported a 65% success rate after a five-year follow-up.
One can indeed be an ex-homosexual because the homosexual orientation, though complex in its etiology, is neither genetic nor is it an essential or immutable aspect of any human’s personhood.

ENDS


As one comment said "Quoting the website of the"National Association for Psychoanalytic Research and therapy of homosexuality"(NARTH) shows how weak and your sources are. NARTH is an organisation made up of about 1000 members of which only a quarter are mental health professionals. That means 75% of this activist organisation is made up of lay people who know little about mental health and have no qualifications to do mental health research on homosexuality. NARTH is also an organisation discredited by all mainstream health and mental health organisations because of their constant misuse of people's studies against their will to suit their anti-gay agenda often angering the researchers they quote." And I agree and what about the DSM?

Some of those same researchers have taken legal action against the org.

NARTH is also had a member that was caught hiring a male prostitute very recently, another that was arrested for sexually abusing his clients and another one who wrote an article justifying slavery. NARTH uses old studies on homosexuality (some over 100 years old) to advance their agenda and also promotes "reparative therapy" to so called "cure" homosexuality despite the fact that ALL mental health expert professional organisations not only discredit and disagree with this type of pseudo-scientific "therapy" but warns of its harmful effects.


Lisa M. Diamond, Ph.D., is an Associate Professor of Psychology and Gender Studies in the Department of Psychology at the University of Utah. She has won a number of awards for her work.

In 2000, Dr. Diamond published a study, "Sexual identity, attractions, and behavior among young sexual minority women over a 2 year period."

This study was distorted by the so-called ex-gay therapy group NARTH. They claimed that Dr. Diamond's work shows that sexual orientation is "amenable to change."

Dr. Diamond also produced a second study, "Female Bisexuality From Adolescence to Adulthood: Results From a 10-Year Longitudinal Study" in Developmental Psychology (2008, Vol. 44, No 1., 5-14).

NARTH recently cited this study to support its anti-scientific belief that homosexuality is a mental disorder that should be treated.

Enough said.

Peace and tolerance

H

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What to Do .....

When Arrested and taken to a Police Station you have the right to:

a. Make a phone call: to a lawyer or relative or anyone
b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council
c. A Duty Council is a lawyer provided by the state
d. Talk to a lawyer before you talk to the police
e. Tell your lawyer if anyone hits you and identify who did so by name and number
f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided
g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence
h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail
i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail
j. Ask that any property taken from you be listed and sealed in your presence
Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:
1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

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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

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

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