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GLBTQ Jamaica 2011 Summary 02.01.12 (AUDIO)

Tuesday, January 17, 2012

Queen Ifrica, Tony Rebel call out Jamaican government on buggery law


Jodee Brown

Internationally acclaimed Reggae superstar, Queen Ifrica and Tony Rebel are letting their feelings known regarding the recent announcement by Jamaican Prime Minister, The Hon. Portia Simpson-Miller to repeal their buggery law.

Both artistes were headliners on the 19th staging of Rebel Salute at the Kaiser Sports Club in St. Elizabeth this past weekend. The annual concert, hosted by Tony Rebel, took place on the Reggae artiste’s 50th birthday; producing a strong lineup card that included Romain Virgo, Capletonand several others.

Queen Ifrica, who recently revealed that she’s pregnant with her third child, gained strong favour with patrons by performing several of her hit singles, including Below The Waist where she pointed to her growing belly in glee.

However, she got the loudest applause from fans when she called out Jamaica’s Prime Minister, Portia Simpson-Millerregarding her announcement that she’d look into tweaking the buggery law that’s been in place for several years. The law, which refers to the dispelling of particular sexual acts amongst heterosexuals and homosexuals, has been a strong topic of contention for several months.

During Ifrica’s performance, she warned that, "I would like to send a message to those who want to change the laws of nature. No buggery law nah repeal a Jamaica." She then performed the thought-provoking song, Keep It Yourself as a means to re-emphasize her stance.



Tony Rebel later entered the stage, performing several classics on his milestone birthday such as If Jah, Fresh Vegetable and I Can’t Recall. During his set, he called on Jamaica’s new Youth and Culture minister and former Miss World, Lisa Hanna not to review said buggery law.

Otherwise, many strong performances took centre stage; notably, Damian Marley and Stephen Marley. Both artistes gained mass appeal for their strong set and even took the time to shout out incarcerated Reggae superstar, Buju Banton, who awaits an appeal decision regarding his ten-year sentence on drug-related charges.
ENDS


In October 2009 I did a previous post on this sister Queen Ifrica and a song she did basically insisting that we (gays) keep it to ourselves. The subtle anti gay song "Keep it to yuself" echoes that message oh so loudly in which it says:

"Yu feel like a bad man (Keep it to yu self)Doan bring it to Jamaican (Keep it to yu self)We nuh want dat a jamrock (Keep it to yu self)Wi can't tek no more slackness (hear dis) .....

Yu can change di laws of manBut yu can't change di laws of god

So if dem nocking a big glass dem glad

Wan wi fi change a must mad dem mad

Somebody tell mi what is happening

A don't want no fish inna mi Ital dish

To see mi son become a father

Mi greatest wishDi situation kinda very ticklish

But everybody fed up from parish to parish(Yes) and to whom it may concern

A nuh dat deh way wi want di table fi turn

As a citizen wi got a lot of concern

Di truth is a nuh dat. Wi want wi chrilden dem, fi learn

Chorus

Verse 2:

Yu fi multiply an replenish di Earth

An dats why di woman labor inna child birth

Mi nuh want si mi brother Dress up inna no skirt

An mi sister nuh fi mek lift up her skirt

As a nation nuh matter what wi put god first

If yu pass eighteen issa blessing not a curse

Lighting an thunder Bown fi mek di cloud burse

A just di water from

Di Sugar Cane can quench nany thirst(Yes) and to whome it may concern

A nuh dat deh way wi want di table fi turn

As a citizen wi got a lot of concern

Di truth is a nuh dat. Wi want wi chrilden dem, fi learn"

Clearly the song outlines that heterosexism is to replenish the earth's population which enhances a popular sentiment expressed by the christian community and others, a challenge to the cross dressing of males is also evident. The "Fish" in the verse is a subtle term used here to refer to gay men who are mostly effeminate.

See: "Keep it to yuself mentality" on homosexuality and "Keep it to Yuself mentality" on homosexuality part 2 .... on "str8 Jamaica

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.

Gays Without Borders

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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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