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, October 22, 2015

The line in the sand part 9: Leadership & Justice please!




well I could not disagree with Jamaica Observer's Clovis on this one



yet we are now being told we already had the virus on the island. I will soon address this fiasco.

previous parts in this series: 123456 & 7 & 8

Lord what a conundrum sits before me as we so badly need leadership and or good governance. I am waiting to see how the Ferguson dead babies issue plays out before commenting but for now I’ll zoom in on the CCJ etc.



As the Caribbean Court of Justice senate debate ensues more groups are crawling of out nowhere with what I see as a hypocritical stance as the latest group is the PNP aligned Jamaica Council of Churches, JCC who in a reported statement said while a referendum may not be on the cards as we are supposedly not politically mature enough to do so as persons may vote along party lines the senators should most if not all should vote in the CCJ as our final court. So like the Lawyers Christian Fellowship and others who want to keep an old 482 year old buggery law landed on us via a preservative savings law clause on the night of our so called independence the laws of the former colonialists were retained; yet in the face of calls for reparations, removing the queen as the head of state and now the CCJ in place of the Privy Council yet same urgency or setting aside a buggery law is not on.



In a Presentation by the Hon. Minister of Justice in support of the three Bills entitled The Constitution (Amendment) (Caribbean Court of Justice) Act 2015, The Judicature (Appellate Jurisdiction)(Amendment) Act, 2015 and The Caribbean Court of Justice Act, 2015 the cowardly Justice Minster Mark Golding who earlier this year made it clear the Buggery Law won’t change at this time (pressure from the same church groups who support the CCJ) argued for the CCJ to be the final court, in his speech he said among other things that The Privy Council is fundamentally inaccessible to most Jamaicans. Litigants and their counsel need visas to travel there, which are not available as of right. This was brought home sharply in the case of a Jamaican teacher who sought to appeal to the Privy Council after he lost his appeal in the Court of Appeal, but was denied a visa to visit London so that he could do so. He was only able to secure the required visa after the Leader of Government Business in the Senate, in his then capacity as Minister of Justice, successfully intervened with the UK authorities on the man’s behalf.

also see: The Line in the Sand for the PNP ...... but vote ☐ PNP ☐ JLP ☑ Legalize Buggery in private

The cost of appeals to the Privy Council is also a major deterrent that makes it inaccessible to the vast majority of Jamaicans. For argument’s sake, let consider the same teacher I mentioned just now. The £120.00 it would cost him to apply for a UK visa pales when compared to the other overheads. Added to that, a flight from Jamaica to London costs about $150,000. And then the costs of retaining UK lawyers to fight these appeals are prohibitive to him and most Jamaicans, and even where such services are provided pro bono there are the costs of London hotels, meals and transportation which must be met.

Indeed, even the court charges just to file an appeal are exorbitant. In 2013, no doubt in response to the UK Government’s needs to meet its fiscal challenges, the Privy Council implemented significantly higher filing fees on persons seeking to access the court. To give an example of the scale of the increase, prior to 2013 there was a flat fee of £370 (J$67,000) for filing a case, but the new filing fees range from £400 (J$72,000) to a whopping £5,000 (J$900,000) for a high value appeal (as most civil appeals are)! So while the UK Government has said that it remains neutral on this matter and is leaving it up to the Jamaican people to decide whether or not to stay with the Privy Council, the exorbitant filing fees at the Privy Council are consistent with a message that says to ordinary Jamaicans – “you can’t afford the cost of accessing this court, so it’s time to move on.”

In stark contrast, accessibility to Caribbean citizens is a key object of the Caribbean Court of Justice, so with the CCJ a filing fee of US$60 (J$7,200) is payable on filing an appeal in the CCJ, regardless of the nature of the appeal or the amount claimed, and there is no fee charged on filing submissions generally.

The CCJ has also invested in modern audiovisual technology, and its procedures encourage the use of ICT, so that matters before the court can often be dealt with without requiring litigants or their lawyers to travel. Audio-visual facilities have already been set up at the Supreme Court in Kingston to allow matters before the CCJ to be argued from right here saving litigants the costs of sending counsel to the headquarters of the CCJ.

The CCJ is also designed as an itinerant court. It can (and does) travel to its member countries to dispose of cases on home soil. This was demonstrated by the sitting of that court in Jamaica in the Shanique Myrie case, Indeed, that is how Shanique Myrie was able to access justice after her Treaty rights were violated by agents of the State on attempting to enter Barbados.

The most telling and significant benefit of the CCJ over the Privy Council is its accessibility. We must pass this legislation and give our people access to justice so that the protection of these rights afforded by law can be meaningful and not illusory. Time come. Justice for all our people, is our demand today.

I dare say where is the leadership Minister Golding? As the said time has come to rid ourselves of this old law that never had any pious intent to begin with when it was passed way back then in 1533 and with all the amendments, repeals and re-enactments it only sought to punish for the most part enemies of state craft, religion and the greater imperative of the reformist agenda then under King Henry VIII; amounting to the greatest piece of privatization in the history of governance then in the land grab of the monasteries or the dissolution of the monasteries.

Maurice Tomlinson’s case that of his claim of discrimination due to sexual orientation by his alleged blocking to enter Trinidad which he was not able to properly prove was met with a reserved judgement by the court and the struggle 




Shanique Myrie (photo) seems to be having that in spite of a ruling to collect her financial due so much so another suit has been filed. I am still not yet fully on board and what about our local court system and infrastructure? Having to engage those both for my own reasons as in my buggery case in 1996 to 1999 and also accompanying other colleagues I am all too aware of the sluggish creaking systems; after all some judges do not even have a laptop at the resident magistrate level for proper note taking and still do longhand writing without a court reporter as is the case in the circuit level. 



Now comes former Justice Minister Dorothy Lightbourne who I had met in my JFLAG years where she basically showed political cowardice and self preservation interest; now she is saying the Privy Council had offered to travel to Jamaica:


Golding has claimed ignorance but the official correspondences must be there I imagine and was he honest in parliament when he outlined his justification?

The JLP has not convinced me yet as Delroy Chuck as Justice spokesperson has not sounded any change on buggery and in fact they are leaning towards a referendum to deal with the law with what appears to be no emphasis on a public education drive prior to doing so. The PNP via Golding has said No Referendum will this also apply to calls for same on buggery is yet to be seen as obviously parliamentarians are hell scared of touching that one not even with a long stick.

also see: Opposition leader (JLP) reiterates his call for a referendum on Buggery ..... 2014 and Jamaican Opposition Leader says he would allow homosexuals in his cabinet .. and Non Governmental Organization Consultant says JLP suggested Referendum on Buggery is not a good idea

Mr Golding continued in his presentation “Mr. President, one issue in the public domain is whether there should be a referendum on this issue. We believe a referendum would be a huge mistake.

The Privy Council has no security of tenure under our law, as it is not protected by entrenchment in our Constitution and could be abolished by a Bill supported by a simple majority in both Houses of Parliament. This striking fact is no doubt because it was always understood that independent Jamaica would not stay with that colonial vestige forever.

In contrast, the Bills now before us will entrench the court in the constitution in a manner that is consistent with the principles enunciated by Lord Bingham giving the opinion of the Privy Council in the Syringa Marshall Burnett case, and the CCJ will have the same protection in our constitution as the Supreme Court and the Court of Appeal. Adopting the approach derived from the Privy Council itself in the Syringa Marshall Burnett case, these Bills seek to entrench the Caribbean Court of Justice in our Constitution in the same manner as the Supreme Court and the Court of Appeal, requiring not less than two-thirds majority support in both Houses of Parliament.

However, the Constitution does not require or contemplate that these changes be put to a referendum, once these Bills are passed by the required two-thirds majorities in both Houses of Parliament. It would therefore be inconsistent with the scheme of the Constitution to subject the Bills to a referendum, if these Bills are passed by the required two-thirds majorities in both Houses of Parliament. Indeed, once these Bills are passed by the required two-thirds majorities, any referendum thereafter would have no legal status as it would not be in accordance with the provisions of our Constitution.

There is very good reason for this. A referendum is fundamentally a political process. Political parties inevitably seek to use them for political advantage. It is highly undesirable to subject a decision concerning the highest level of our judiciary, a most critical and sensitive institution that is always to be shielded from the vagaries of politics, to the excesses of political rhetoric on campaign platforms. Some 41 countries formerly in the British Empire have moved away from the Privy Council, including Canada, Australia, New Zealand, India, South Africa, Barbados, Guyana and Belize. None of them has put the issue to a referendum. Only one country has done so (St. Vincent), and this was because its Constitution expressly required it, and the experience of that referendum supports our worst fears. It became highly politicized, polluted by all sorts of extraneous issues, and as an indication of the will of the people on the issue at hand it therefore served no useful purpose.”

Golding continued over the past fifteen years, there have been calls from some of the UK judges who sit on the Privy Council, whose main responsibility is their local supreme court, for Caribbean countries to use the CCJ and free up their judicial time to deal with cases from their home jurisdiction. In 1999, Lord Nicolas Browne-Wilkinson, the then President of the Privy Council in a publication in “The Lawyer” made clear his view that appeals from Caribbean Courts to the Privy Council should be scrapped. Then in October, 2003 Lord Hoffman, addressing the Trinidad & Tobago Law Association Port of Spain, noted that “A court of your own is necessary if you are going to have the full benefit of what a final court can do to transform society in partnership with the other two branches of government.” And in 2009, Lord Nicholas Phillips, the President of the Supreme Court of the United Kingdom, publicly lamented the disproportionate amount of time spent by senior justices of the Supreme Court on matters emanating from countries outside of the United Kingdom. He expressed the view that in an ideal world Caribbean Commonwealth nations would establish a final court of appeal of their own.

Mr. President, it is frankly degrading for Jamaica to continue sending our appeals to the UK, when it is clear that our presence there is not welcomed by the very judges who are deciding those appeals. It is embarrassing for us to be forcing ourselves on them. It is time to take the hint.

I am hopeful that, 53 years after our national independence, we can achieve political consensus between the Government and Opposition to fulfill this important aspect of achieving independence. We regard our present systemic arrangements, in place since the 1830’s, as constituting important unfinished business that derogates from Jamaica’s otherwise proud credentials as an independent nation, and as an affront to the fundamental democratic objective of securing access to justice for our people. Time come, we say. Justice for all our people. But I ask Mr Golding when is time going to come for gay or bisexual men on consensual anal sex with freedoms to choose and remove this ugly law?

Now comes the kicker for me, the minister also said “The Opposition has said many different things about this most important matter over the years. Their latest position appears to be that Jamaica should set up a final court of its own.

But our court system is already substantially under-funded, and the fiscal challenges that underlie this reality are not going away for many years to come. It would be misguided and, frankly, shambolic to try to set up a new home-grown organ as our highest court, with no substantial incremental budgetary support available to do so.

The CCJ Trust Fund disburses approximately US$5.5 million annually to cover the operating expenses of the CCJ. This amounts to J$660 million. This expenditure is funded from the investment profits and gains of the CCJ Trust Fund. In contrast, the 2015/16 budget for the Jamaican Court of Appeal is J$246 million.

The reality of Jamaica’s fiscal situation is that Jamaica is not able to finance the establishment of an acceptable domestic final court for many years to come. Such a final court, in order to ensure its independence, would need to be endowed upfront with a capital sum similar to the US$100 million that was borrowed by Caricom Governments and paid into the CCJ Trust Fund. The Jamaican people will not trust, and investors, whether local or international, will not accept, a final court that is beset with the same funding constraints and related problems that are besetting the local court system.

But whereas Jamaica only had to bear US$26 million of the borrowing of US$100 million to establish the CCJ Trust Fund, if we were going to set up a new Jamaican final court with similar standard of jurisprudential quality and independence, we would have to finance the full US$100 million to do that on our own. This is a pipe dream that simply cannot happen in an era when we are making the required fiscal sacrifices to bring our bloated public debt down to sustainable levels So while the Government of Jamaica is not averse in principle to Jamaica one day having its own final court, any such court would need to be no less well endowed from a financial perspective, and have no lesser guarantees of independence from political interference, than the CCJ. It will take many years before any local final court can be established that would pass that acid test. In the meantime, we have paid for the CCJ. It is a gem, providing justice of the highest quality to the citizens of Barbados, Guyana, Belize and Dominica. We all agree, I believe, that we must leave the Privy Council without further delay, so let us move to the CCJ right way, with an understanding that the door remains open in the future for Jamaica to establish our own final court when we have built an economy that can support it financially.”

So our own court as suggested by the JLP is too expensive! And this is the same man who says Justice for All! My mentioned sprucing up our local courts is missing from that last barb by the goodly minister.

If we are going to get rid of all the vestiges of colonialism legislatively that is get rid of all of them I say and while I know it cannot happen overnight a sound of the impending change would be nice; but to essentially capitulate to the paranoia of the religious right is just plain poor leadership but as the latest Ferguson 18 dead babies salvo shows us and the lack of decisive action by the Party leader shows the PNP ship seems steerless. Why should I vote for a rudderless ship and in the same breath b forced to stomach an equally lost JLP with no serious ideas yet?



hypocrite PJ Patterson from the PNP as captioned by Clovis reminding us in essence as the long serving PNP he turned his back on us to save his political career instead of doing the right thing on buggery: 
Former Prime Minister PJ Patterson’s call for tolerance not genuine & sheer hypocrisy.



and


video
Justice Minister Golding may 2015 in parliament

No Buggery Law Removal says Justice Minister, Gay Marriage parachuted in yet again


the infamous Lasmay Gleaner cartoon in 2007

and from the former Justice Minister now Foreign Affairs Minister A. J. Nicholson: Foreign Affairs Minister says Govt should be cautious on gay rights issues in Jamaica

LGBT advocacies have also added to the problems with simply poor communication regarding repeal versus decriminalization of buggery, though their late in the day stance on the latter it is simply not being said loud enough for the average man or the anti gay groups as they keep referring to repeal. Even the justice minister himself seems unsure as evidenced when he was on his feet in May 2015 reporting on the UN review where he attended.

Woe is me, I am befuddled.

Peace & tolerance

H


more readings/poddings:
also see and hear the present PM siding with the former PM Bruce Golding on not to gay marriage:
PM scolds gay-rights protesters in New York ........ challenges truthfulness of Homophobic Claim

Justice Minister reiterates his personal position on the Buggery Law, Anal Intercourse, Consent & Privacy

Portia Simpson - 'Uncouth behaviour of others to make me look less than polished'


When did anyone ask for gay marriage rights in Jamaica when we can't get basic tolerance .... and finally the present PM when in opposition she said these words we must never forget:


She said on October 20th 2009 - "Mr Speaker when we accepted the final report from the joint select committee that were looking at the bill we were completely satisfied with their recommendation of a provision to restrict marriage and like relationships to one man and one woman within Jamaica and that the provision should be specifically spelt out so that there could be no ambiguity ………. yes one man one woman (laughter in the house) and if you are Jamaican and go overseas the same applies ……….."

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Bad Man Nuh F*** Batty (Masculine Men Don't F*** Ass) (The Fear of The Feminine in JA ) 16.04.15


A look at the fear of the feminine (Effemophobia) by Jamaican standards & how it drives the homo-negative perceptions/homophobia in Jamaican culture/national psyche.



After catching midway a radio discussion on the subject of Jamaica being labelled as homophobic I did a quick look at the long held belief in Jamaica by anti gay advocates, sections of media and homophobes that several murders of alleged gay victims are in fact 'crimes of passion' or have jealousy as their motives but it is not as simple or generalized as that.

Listen without prejudice to this and other podcasts on one of my Soundcloud channels

hear recent pods as well:

Information & Disclaimer


Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use the Happenings section to select other posts of a different nature.

Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature (if available for your device(s) to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless

Other Blogs I write to:

Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

contact:

APJ Website Launch & Link


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1




audience members interacting during a break in the event


film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

The Hypocrisy of Jamaican Anti Gay Groups & Selective Actions of Societal Ills


The selectivity of the anti gay religious voices on so called societal ills is examined in this podcast as other major issues that require the "church" to have spoken up including sexual abuse by pastors in recent times yet mere silence on those matters is highlighted.

Why are these groups and so called child rights activists creating mass hysteria and have so much strength for HOMOSEXUALITY but are quiet on corruption in government, missing children, crime in the country and so much more but want to stop same gender loving persons from enjoying peace of mind and PRIVACY?

Also is the disturbing tactic of deliberately conflating paedophilia with same gender sex as if to suggest reforming the buggery law will cause an influx of buggered children when we know that is NOT TRUE.

MSM/Trans homeless - From gully to graveyard



When are lives interrupted be allowed a real honest chance to move from interruption to independence and stability? I just cannot tell you friends.

An article appeared in the gleaner today that just sent me into sadness mode again with this ugly business of LGBTQI homelessness. The author of the piece needs an intervention too as he (Ryon Jones) uses terms such as cross dressers and or homeless men which if transgender persons are present they cannot be described or seen as such, sigh another clear display of the lack of impact and reach of so called advocacies and advocates who are more interested in parading as working but really aint having much impact as they ought to or claim.

We are told of houses being put together from time in memorial; the Dwayne’s House project seems dead in the water, the Larry Chang (named after a JFLAG cofounder) seems stuck in the mud and Colour Pink’s so called Rainbow House seems insignificant in relation to the size and scope of the national problem. JFLAG as presented on this blog is obviously not interested in getting their hands dirty really on homelessness save and except for using the populations as cannon fodder and delegating same; as far as I am concerned presenting them as victims of homophobia which is true but where are the programs and the perceived millions donated or granted since President Obama’s visit to address LGBTQ matters?

More HERE

Dr Shelly Ann Weeks on Homophobia - What are we afraid of?


Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?


It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

also see:
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation


Sexuality - What is yours?

The Deliberate Misuse of the “Sexual Grooming” Term by Antigay Fanatics to Promote Their Hysteria



Just as I researched on-line in NOT EVEN five minutes and found a plethora of information and FACTS on Sexual Grooming (and thanks to Dr Karen Carpenter for some valuable insight I found out what Sexual Grooming was) so too must these fanatics go and do the same and stop creating panic in the country.

The hysteria continues from the Professor Bain so called protests to protect freedom of speech and bites at the credibility of the LGBT lobby collectively continues via Duppies Dupe UWI articles when the bigger principle of the conflict of interest in regards to the greater imperative of removing/preserving archaic buggery laws in the Caribbean dependent on which side one sits is of greater import when the professor’s court testimony in Belize went against the imperative of CHART/PANCAP goals is the more germane matter of which he was former head now temporarily reinstated via a court ex-parte injunction. The unnecessary uproar and shouting from the same hysterical uninformed quarters claiming moral concerns ....... MORE CLICK HERE

also see if you can

JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness



Reminder

In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realize the issue he held so dear in his time was treated with such disrespect and dishonor. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

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

see previous entries on LGBT Homelessness from the Wordpress Blog HERE

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

Vacant at Last! ShoemakerGully: Displaced MSM/Trans Persons were is cleared December 2014





CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:

the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT 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

see previous entries on LGBT Homelessness from the Wordpress Blog HERE


May 22, 2015, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston


New Kingston Cop Proposes Shelter for Shoemaker Gully LGBT Homeless Population




Superintendent Murdock

The same cop who has factored in so many run-ins with the youngsters in the Shoemaker Gully (often described as a sewer by some activists) has delivered on a promise of his powerpoint presentation on a solution to the issue in New Kingston, problem is it is the same folks who abandoned the men (their predecessors) from the powerful cogs of LGBT/HIV that are in earshot of his plan.

This ugly business of LGBTQ homelessness and displacements or self imposed exile by persons has had several solutions put forth, problem is the non state actors in particular do not want to get their hands dirty as the more combative and political issues to do with buggery's decriminalization or repeal have risen to the level of importance more so than this. Let us also remember this is like the umpteenth meeting with the cops, some of the LGBT homeless persons and the advocacy structure.

Remember JFLAG's exclusion of the group from that IDAHO symposium on LGBT homelessess? See HERE, how can we ask the same people who only want to academise and editorialise the issue to also try to address their own when they do not want to get their hands dirty but publish wonderful reports as was done earlier this month, see HERE: (re)Presenting and Redressing LGBT Homelessness in Jamaica: Towards a Multifaceted Approach to Addressing Anti-Gay Related Displacement also LGBT homelessness has always been with us from the records of Gay Freedom Movement(1974) to present but the current issues started from 2009, see: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009 as carried on sister blog Gay Jamaica Watch. CLICK HERE for FULL post of this story.

Gender Identity/Transgederism Radio discussion Jamaica March 2014





Radio program Everywoman on Nationwide Radio 90FM March 20th 2014 with Dr Karen Carpenter as stand-in host with a transgender activist and co-founder of Aphrodite's P.R.I.D.E Jamaica and a gender non conforming/lesbian guest as well on the matters of identity, sex reassignment surgery and transexuality.

CLICK HERE for a recording of the show

BUSINESS DOWNTURN FOR THE WEED-WHACKING PROJECT FOR FORMER DISPLACED ST CATHERINE MSM



As promised here is another periodical update on an income generating/diligence building project now in effect for some now seven former homeless and displaced MSM in St Catherine, it originally had twelve persons but some have gotten jobs elsewhere, others have simply walked away and one has relocated to another parish, to date their weed whacking earning business capacity has been struggling as previous posts on the subject has brought to bear.

Although some LGBT persons residing in the parish have been approached by yours truly and others to increase client count for the men costs such as gas and maintenance of the four machines that are rotated between the enrolled men are rising weekly literally while the demand is instead decreasing due to various reasons.



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



debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

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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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