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

Thursday, August 19, 2010

Questions on New Zealand's decriminalising buggery & MSM experience (Observer Letter) ......

Dear Editor,

In his letter of August 17, Mr Maurice Tomlinson berated Mrs Betty Ann Blaine for suggesting a link between family life and abstinence education and control of HIV/AIDS.

He then urged emulation of the New Zealand approach of decriminalising buggery for control of HIV, claiming that there were only 19 new cases of HIV in New Zealand, in 2009.

In contrast, data from the AIDS Epidemiology Group, Department of Preventive and Social Medicine, University of Otago Medical School, Dunedin in New Zealand published on the New Zealand Ministry of Health website, indicate that "151 people were diagnosed with HIV through antibody testing in 2009".

This figure is down from an all-time high of 183 in 2008, but the group claims that "it is too soon to determine if there is a definite downward trend in diagnosis".

The data also indicate that men who have sex with men (MSM) are the most affected group, that the number of new cases among MSM was similar to what obtained in 2006, 2007 and that new cases continue to occur among MSM.

New Zealand decriminalised buggery in 1986 and the age of consent for homosexuals is the same as that for heterosexuals - 16 years.

Why are most cases of HIV in New Zealand occurring among MSM?

What explains the peak in the diagnosis of cases of HIV among MSM in New Zealand 23 years after the legalisation of homosexuality?

W West
wayne_west@hotmail.com
ENDS

My two cents:
If the data presented by the letter writer Mr. Wayne West is so then the questions posed have some merit but then again I am a bit tired of seeing the letters by the named Maurice Tomlinson of Jamaica AIDS Support for Life, AIDSFREEWORLD and by extension JFLAG. I frankly think we are beating a dying horse in this matter of using HIV/AIDS infection patterns and sexual practices to request the possible decriminalization of the Buggery Law and similar legislation.

Yes certain cultural practices, homophobia and stigma over the years may have driven some persons underground in accessing treatment (I am no expert but my little experience has taught me much) but Jamaica's position overall towards male homosexuality has certainly evolved although it needs far more growth in terms of tolerance and visibility of gays as stereotypical as that sounds. Many MSMs for example can indeed access services in some public health centres as the staff in some of these facilities have been sensitized to a certain extent but the cultural mores supersede the need to perform professionally thus impeding services to this group.

I do not believe that it is just the social stigma attached to male homosexuality in as far as the health sector that is of major concern but the classism, hypocrisy and clandestine sexual practices of homosexuals themselves coupled with our problems associated with hyper masculine identities from society's definition of manhood, deep eh? but frankly speaking it's an identity crisis as well that eventually causes the infection rates to be where they are in the local context, the last check was in 2007 by the Ministry of Health was 31% despite sustained prevention messages both from the mainstream ad campaigns and targeted interventions in the MSM community from NGOs such as Jamaica AIDS Support for Life. That could be one of the answers to Mr. West's question as to why the infections are so high in the MSM community?

Obviously the opposers to LGBT rights generally are also not buying this line of argument to decriminalise buggery from an HIV standpoint either and have become very cynical to the tone or positions presented by folks like Mr. Tomlinson and other HIV/AIDS - LGBT advocates, these days there isn't a clear demarcation between them adding more cynicism from the christian right movement. We have been lazy as LGBT advocates over the years in properly advocating for said rights with better arguments to include privacy, present social practices and attitudes probably in fear of exposing taboos and other uncomfortable information that may disturb the public's peace. I include myself here because I was apart of it but one is usually blind to certain things when caught up in bureaucracy.

The arguments for example about so called homophobic killings over the years have been dishonest ones as well, not to discount the value of the lifes of those deceased who have been murdered but they were known intimately in most instances to their killers, a fact we have yet to publicly acknowledge as an LGBT community then we wonder why the public doesn't budge on the hard lined positions taken towards male homosexuality and the attendant homophobia this is outside of the ignorance and down low facade that is also played out in our homophobic experiences nationwide.

I believe the public will accept truth no matter how stinging or uncomfortable it may be.

Let us reflect on this letter though and the other points associated with this.

Peace and tolerance.

H

1 comments:

mark said...

The MSM hiv rate is probably exacerbated by the existence of stigma and the buggery laws, but the case for repeal is based more on the issue of fundamental civil rights.

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JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness



Reminder

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

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

GLBTQJA (Blogger): HERE

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



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


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

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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.


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