The Safe House Project 2009 for Displaced & Homeless MSM/Transgender reviewed & 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 LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, 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 also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Monday, December 21, 2009

Exodus, the movement of gay people

In our caustic environment towards gay and lesbian persons here in Jamaica it is not surprising that many of us leave for other territories especially after a harrowing ordeal. Others leave for better employment opportunities for financial improvement This year however we have seen a record number of persons seeking asylum in other countries namely Schengen states in the European Union, United States and Canada as those countries presently have very friendly asylum avenues for gay and lesbian persons who can prove they are under persecution of may be under such threats. The US however is a little more difficult especially before the removal of the HIV travel Ban that has made some advantages available to that category of persons.

The Netherlands with its soon to be imposed stricter visa/immigration policy and the pending independence of some of its smaller territories from the motherland will see that present asylum policy closing soon many fears and with this news many from all over the world are using the opportunity in droves to move through these states to get to the borders. This year as said before is a record year judging by my own count based on persons who have called me directly for information I have seen more than 23 persons and judging by my conversations with JFLAG representatives they have also seen more persons engaging their offices for information and associated services for expedite the process of transfer. At the time of this post 4 persons were scheduled to fly out today to transit territories then across to Amsterdam.

Sad though, although people are free to choose their own destiny I agree but is simply throwing our hands in the air running away going to solve our problems bearing mind most cases really call for leaving the country in the name of safety but some others go because friends are there with no genuine reasons for leaving with embellished accounts of abuse, who will stand and fight this scourge of homophobia so that we can reach some level of understanding and tolerance? One of the other problems is that many who do leave usually never are interested in long distance activism through financial support/donations or commentary towards the situation in their respective territories to muster support on the ground from ordinary GLBTQ people to bring pressure to bear on the homophobic climate here. It cannot be left to just official organizations to speak on glbtq issues, I think we all have to play our nationalist duty in ensuring safety and justice for others whether home or abroad. Another negative issue surrounding activism and interest which I have alluded to in previous posts is the question of classism or the elitist way we treat each other, the real movers and shakers are just comfortable in their own world and hardly ever get involved in agitation for rights, respect and basic freedoms, instead they turn their noses up and scoff at the population that is not of their ilk. This major problem of course is a microcosm of a general societal issue of the “two Jamaicas” syndrome often spoken of as was originally espoused in a series of articles and speeches by former Prime Minister Edward Seaga several years ago in his tenure as Opposition leader. Most persons who end up seeking asylum are usually from the lower to middle socio economic strata of society and do not have the requisite financial resources or protective walls to avoid being attacked or abused in the first place.

What can we do? Here are a few suggestions:
1. Network with friends you know in these territories
2. Ask for financial assistance for GENUINE activities towards growing & enhancing the GLTBQ community
3. Share information responsibly about issues on the ground (very few are doing it now)
4. Liaise with gay friendly groups, individuals and organization to find solutions to the issues

Good luck however to those who have landed and successfully gained asylum status with the relevant benefits involved and to those planning on leaving please explore all the options available and plan carefully please as this exercise is a costly one to say the least.

In a telephone conversation with several members of the community in one of the states in the EU they seem to have assimilated favorably in that society and have been gaining state benefits as included in the policy. Many complain of the cold temperatures and understandably so as they were used to tropical climate. The difficulty many face now is missing friends and family in some scenarios especially for those who recently landed and their lack of returning home if any, anytime soon. They miss the food too.
Many keep in touch via phone or the Internet which is good but I encourage them to also keep abreast of the scene here more in depth not just on a basic contact level.

Peace & tolerance
H
Labels: , , , Posted by Unknown
at 12:40 PM

1 comments:

mark said...

Uprooting yourself from your own country is a painful thing to do. It's very stressful.

If it's easy for Jamaican gays to gain asylum, they have to thank dancehall for that - which has given Jamaica a reputation for intolerance when in fact many Jamaicans are privately very tolerant, from what I have read and learned myself.

December 21, 2009 at 8:16 PM

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Reminder

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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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Superintendent Murdock

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What to Do .....




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.

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

Popular Posts

What I am reading at times ......

Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com or Tel: 1-876-841-2923 (leave a message just in case)




Activities & Plans: ongoing and future

  • To continue this venture towards website development with an E-zine focus

  • Work with other Non Governmental organizations old and new towards similar focus and objectives

  • To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony

  • Exposing homophobic activities and suggesting corrective solutions

  • To formalise GLBTQ Jamaica's activities in the long term

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implemeting suggestions and ideas from you the viewing public

  • Present issues on HIV/AIDS related matters in a timely and accurate manner

  • Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise

  • Track human rights issues in general with a view to support for ALL

Thanks again
Mr. H or Howie

Tel: 1-876-841-2923
lgbtevent@gmail.com








Peace

Battle Lines Javed Jaghai versus the state & the Jamaica Buggery Law



Originally aired on CVM TV December 8th 2013, apologies for some of the glitches as the source feed was not so hot and it kept dropping from source or via the ISP, NO COPYRIGHT INFRINGEMENT INTENDED and is solely for educational and not for profit use and review. The issue of the pending legal challenge in the Constitutional Court in Jamaica as filed by Javed Jaghai an outspoken activist who happens also to be openly aetheist.

The opposing sides are covered as well such as
The Jamaica Coalition for a Healthy Society
The Love March
Movement Jamaica

The feature seems destined for persons who are just catching up to the issues and repositioning JFLAG in particular in the public domain as their image has taken a beating in some respects especially on the matter of the homeless MSM front. They need to be careful that an elitist perception is not held after this after some comments above simplistic discourse, the use of public agitation as beneath some folks and the obvious overlooking of the ordinary citizen who are realy the ones who need convincing to effect the mindset change needed and the national psyche's responses to homosexuality in general.


John Maxwell's House

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