"Outdated" Bail Laws to be changed but Buggery Laws remain ... how convenient Mr.Golding?

I remember reading somewhere and posting in one of my blogs a press release on Bruce Golding and outdated buggery laws, indeed I dug up my archives and found it. It was done back in March 2009 by AIDSFREEWORLD and was published on GLBTQ Jamaica September 24, 2009 in it's entirely, read it here.

It highlighted among other things the question of liberalizing the buggery laws in Jamaica to which the Prime Minister on his feet in the House of Parliament said no thus in effect keeping archaic legislation to maintain popularity.

In the excerpt highlighted in orange the AIDSFREEWORLD group continued by espousing
"A gay man and his lesbian sister are shot in the chest in front of their families, in their home. A pastor praying at the funeral of a gay man is confronted by an angry mob. Someone chases a lesbian down a Kingston street, catches her, slits her throat, and leaves her to die in a bloody puddle.

She didn’t die, and she and other victims of vicious homophobia told us their stories. We came away appalled, although homophobia is very familiar in all the countries in which we work. Appalled because homophobia, sexism and bigotry are rolling out the welcome carpet for HIV/AIDS, and we feel more strongly than ever that unless homosexuality is decriminalized, the pandemic will not stop killing.

“Know your epidemic” has long been a mantra of international AIDS organizations. It makes sense. We know, from UN data, that in certain countries in the Caribbean, prevalence rates among men who have sex with men (MSM) are as much as 20 times higher than in the general population. Jamaica’s and Trinidad’s adult HIV prevalence rates are 1.6% and 1.5% respectively, compared to 31.8% and 20% among MSM.

Combine these figures with the fact that in the Dominican Republic, for example, 78% of MSM report having sex with women, and what do we know about the epidemic? We know that gay men fear for their safety and lives, and that they enter heterosexual relationships in order to stay safe. So the virus spreads to women.

We believe “know your epidemic” means not just knowing (and often blaming) the epidemic’s victims. We believe it means knowing what makes populations such as sexual minorities and women so vulnerable to the virus. MSM are not to blame for the high prevalence rates in their communities: the bigotry and legalized homophobia that drive them underground are.

The world has always blamed the oppressed for their own problems. MSM certainly don’t want to contract HIV, but their communities drive them underground and prevent them from seeking out prevention. Research data shows that when stigma is lowered, so are infection rates.

We simply cannot contain the epidemic – in Jamaica or anywhere else – if we don’t acknowledge the barriers facing those in high-risk groups. Those barriers include bigotry, fear, hatred and legalized discrimination."

The old laws from our colonial masters on buggery are kept non-the-less of course for the main reason as a popularity carrot dangling infront of a dumb donkey as in the public as we have seen in recent times, I need not remind you of them but visit the tabs on Charter of Rights , Hypocrisy & homophobia and Buggery Law on GLBTQ Jamaica, also see the similar tabs here on GJW for a roster of posts on the matters.

In Parliament recently on June 3, 2010 the Prime Minister found it necessary however to justify changes to the bail acts among others in response to the mounting pressure from civil society on the incursion in Tivoli Gardens and political criminals, those respective bills and acts by the way are younger than the old buggery laws as appearing in the original Offences Against the Persons Acts as were handed down to us from our colonial masters. In his opening remarks the Prime Minister in Parliament during the debate on the six crime bills now laid before the house said that some of the laws were outdated and needed to be changed to reflect the new realities that now obtain however when such sentiments were expressed as have been so done time and again in relation to the Buggery Laws with possible decriminalisation, privacy and freedom of consenting adults they were all shot down in the name of so called moral grounds of course used as convenient tools to prop up the government's image with the opposition and the religious right happily playing along.

The Bills for review are: an Act to amend the Bail Act; an Act to further amend the Firearms Act; an Act to amend the Offences Against the Person Act; an Act to amend the Parole Act; an Act to make interim provision in relation to the grant of bail in specified circumstances; and an Act to make interim provision extending the powers of arrest and detention under Sections 50B and 50F of the Constabulary Force Act.

One of the two contentious Bills, the Bail Act, proposes what Mr. Golding described as a "significant" change in the approach to bail. The Act, if passed, will be in place for one year and will allow the state to imprison a person charged with violent or certain drug-related offences for up to 60 days without bail.

The Prime Minister said, however, that the new Bill would require that the detained person must be taken before a judge, not later than seven days after he is held, where the judge can review the matter to determine whether he should be released, and thereafter if he is not released, he must be taken back before the court in intervals of 14 days.

The other Bill seeks to extend the powers of arrest and detention under sections 50B and 50F of the Constabulary Force Act, so that a person can be detained for up to 72 hours, instead of 24 hours, without being charged or taken before a magistrate.

It also provides for the arrest and detention of a person outside of the locality of a curfew or cordon, if a divisional commander or a member of the Jamaica Constabulary Force at the rank of Assistant Commissioner is satisfied that there is reasonable ground for suspecting that the person is about to commit, or has committed a crime within the area of the curfew or cordon.

The GLBTQ angle:Given our ticklish environment here towards homosexuality imagine if a gay, lesbian or transgendered person is held for any reason and such a person maybe in dressed in full drag or presents aesthetically as the opposite of their obvious gender as we saw in a public case recently of a crossdresser in a police station in central Jamaica then I wonder what would obtain? that person may be deliberately made to be exposed to the rest of the jail, holding area or prison population and what guarantee of safety and fairness do we have for that GLBTQ member?
We have seen cases before where detainees are outed to the other incarcerated persons which have led to beatings with very little support or intervention from the correctional officials to stop the abuse. Imagine such abuse now obtaining when one is held for 72 hours without charge only to be released battered and bruised for on a premise of innocence with very little recourse. Disturbing isn't it?

It is questions like these I would have expected Jamaica Forum for Lesbians Allsexuals and Gays, JFLAG to have been asking in joining the other rights groups such as Families Against State Terrorism (FAST), Jamaicans for Justice (JFJ) and Independent Jamaica Council for Human Rights (IJCHR) in recent public criticisms in as far as seeking justice for GLBTQ people in this whole mess after all some of those groups had representatives present at the recent International Day Against Homophobia and Transphobia (IDAHO) silent protest in New Kingston, why not join them and speak out or the IDAHO move was just a directive from the main sponsors then it dies there? Follow up!

The irony of ironies is that the electorate of old is not dormant or sleeping anymore we are watching issues more closely and commenting and will act if needed, a culture that he, Bruce Golding has helped to foster when he was out of power from the days of his Presidency of the National Democratic Movement (NDM) to his re-entry into the Jamaica Labour Party (JLP).

Peace & tolerance

H