POLL RESULTS: Gov't should ignore UN recommendation to change definition of sexual intercourse

KINGSTON, Jamaica — Sixty-nine per cent of the 752 respondents to a recent OBSERVER ONLINE poll said the government should not yield to the United Nations (UN) recommendation to broaden Jamaica’s definition of sexual course.

The call came last week after UNDP Senior Human Rights Adviser in Jamaica Birgit Gerstenberg told a Parliamentary committee meeting at Gordon House that the UN was recommending other forms, such as penetration of the mouth, anal intercourse or penetration by non-sex organs and objects (except for medical purposes) be considered.

J-FLAG supported the move saying that “the current definition of sexual intercourse, which was crafted in 2009 is “inaccurate”, adding that “it is unfortunate that we have allowed our laws to treat rape of some persons as more severe than rape of others.”

Policy and Advocacy Manager at J-FLAG, Glenroy Murray, argued that the definition of ‘sexual intercourse’ contained in Section 2 of the Sexual Offences Act is explicitly gender and orifice specific, explaining that “sexual intercourse is distinct from anal intercourse and consequently the absence of consent for sexual intercourse connotes the offence of rape, whereas the defence of consent is not available for the crime of anal intercourse (buggery). Similarly, the current definition excludes oral copulation from the rubric of ‘sexual intercourse’ and instead considers it a part of a distinct sexual offence which is ‘grievous sexual assault’”.

“Having a definition of rape that is accurate and reflective of the ways in which people are raped is essential to guaranteeing equality before the law as provided for in section 13 (3)(g) of the Charter of Fundamental Rights and Freedoms,” Murray argued, adding that this is the only way to equally and adequately protect children, women and men from all forms of sexual violence and abuse.

Meanwhile, the UN’s recommendation has left OBSERVER ONLINE readers in a furore, saying that the organization has a “hidden agenda”.

One OBSERVER ONLINE reader said that the recommendation was “utter rubbish” as “sexual intercourse is only via the way of the vagina and penis” and that” those two body parts are the only way that a child can be conceived.”

The reader further warned the Minister of Justice, Delroy Chuck, and the government to not “fall for this trick by the UN... they have a hidden agenda.”

But amid the uproar, some readers supported the move, with one reader adding that the “article makes good common sense they should go do a redefinition along those lines immediately.”

Another added that, “the law need to change because some of these big men/women are forcing under age boys/girls into doing oral sex. Especially the rapist men dem.”

“I agree” said another reader, “our definition needs to be broadened so that many more people can be convicted for sexual immorality.”

Justice Minister Delroy Chuck has since instructed a law reform team to work on a "perfect definition" of rape that will satisfy the UN and also the Jamaican public.

Anti gay pastor’s arrogance & foot in mouth syndrome

Al Miller listens to his legal counsel, Nicole Burgher, during a press conference yesterday. (Gleaner)

I had decided not to pay too much attention by way of this blog to the mess that Reverend Al Miller has gotten himself into regarding the recently concluded court case where he was found guilty for perverting the course of justice in the Christopher ‘Dudus” Coke matter. But the colour of this thing has changed so fast within the last 48 hours and raises several concerns with regards to honesty, social capital when it comes to pastors, crime and moral authority or moral equivalences. In previous posts on the man I had tried to show how dishonest if not lacking moral authority he can be in his public utterances when it comes to homosexuality and in his advocacy in the charter of rights and buggery law matters as far back as 1998 when the first parliamentary submission was made by then a more prudent JFLAG but in recent days hence since he paid the million dollar fine and missed the twelve month sentence in lieu of non-payment he has been on a campaign to supposedly ‘clear the air’ as he puts it. A press conference yesterday at his church he tried to but as one reporter who was there lamented it was more a church service than a press meeting designed to ‘clear the air’ or misconceptions. The thing instead left more questions than answers and effectively became an ill-fated exercise by the time it was finished with rude and impudent congregants and supporters were up in arms as to the questions being posed by media representatives.

Reverend Miller’s truthfulness or the lack thereof was confirmed as was found in the recently concluded trial where the trial judge herself Simone Wolf-Reece commented in explaining her judgement that Miller was less than candid about the sequence of events regarding the exchanges with the fugitive Dudus Coke, then Police Commissioner Owen Ellington and Reverend Hero Blair a former Ombudsman. Miller too tried to evade some of the questions by claiming the media was knit picking but even with the bigger picture he could stand up to scrutiny.

Despite Miller claiming outside the courtroom at the time of the judgement at the St Andrew Parish court last Friday with a throng of supporters that he was done with the matter and he respected the courts judgement and would not appeal he has still sought to proceed to label the former Commish Ellington as betraying him after in his mind he thought that he and Ellington had some agreement (in Miller’s mind) that he could intervene in getting Coke to surrender to the police prior to the state of emergency. But Dudus Coke’s response when pressed by Miller was that the police should come for him and ‘come good’ obviously that comment and the last two words therein are ominous as delivered on May 22, 2010, the incursion came on May 24, 2010. That should have been the end of the matter in as far as Miller’s intervention as the subject did not take the offer up to turn himself him. Yet Miller exactly one month later June 22, 2010 decided to re-engage Coke with the perception he had some clearance or agreement from Ellington despite he (Miller) did not engage Ellington directly but an aid to the man and no permission or clearance of same was issued.

The arrogance also coming from this post court judgement is disgusting to say the least with grandstanding on piety as its mode of transport and Miller’s own declaration that he would have done it again if he had to do so; yet so many questions now exist after this latest press conference yet again as before in 2010 when it was announced he was asked some of them.

Questions:

Why was Miller so insistent on getting involved in this matter despite other more experienced Reverends such as Hero Blair who knew where Coke was actually saw Coke a short time prior by way of his own public utterances after the court ruling but did not move him but did engage him prior to the state of emergency and hence?

Can this man (Miller) be trusted with anything anymore as it is unusual to have a man of the cloth with two convictions still in operation so openly thinking he is infallible in some way and playing a victimhood card?

Does his church have a board of governors and if so why was some action taken in this matter from the get go or is Miller the head cook and bottle washer of his set up?

Did Miller know that by admitting he was taking Coke to a foreign power he was exposing himself? owing to the fact that the US Embassy does not have powers of arrest and have to go through the extradition treaty which kicks in to see if the person is extraditable and if the fugitive surrenders his rights then the proceedings would have been truncated.

Was Miller aware that no native can go to a foreign power or dictate to which foreign power he can be taken to such in order to surrender without bypassing the local authorities?

In light of Miller and his attorney claiming Owen Ellington betrayed him (Miller) why didn’t the defence counsel and the prosecution/crown counsel did not negotiate the witness list as is customary?

Was Miller less than open with the truth given his statement to the police seems not to declare he had any ‘agreement’ or led any evidence of such with the then Police Commissioner? The Commissioner would not make an agreement to violate the law.

Was Miller not aware that by passing so many police stations en route to Kingston that he was in fact aiding and abetting the fugitive in his company?

If Al Miller knew he had no ‘agreement’ with the then Commissioner would not that be tantamount to asking Ellington to come into court and perjure himself and hence exposing him (Ellington) to being charged?

Was Mr Coke a holder of dual citizenship and if so could the US Embassy take over the matter by way of extradition?

What is meant by Miller’s claim that he is interested in the ‘bigger picture’ and does he feels he can override the law because he is a clergyman?

Will he still remain as a member of Jamaica Coalition for a Healthy Society, JCHS or associated with the antigay campaign given his credibility is yet again?

If Miller and his attorney thought or felt so strongly as to the importance of Ellington as a material witness why did he and his counsel sought to persuade the court to have the prosecution/Director of Public Prosecution, DPP acquiesce to serving a subpoena by way of the judge to have Ellington attend the proceedings via a motion in leniency? The court could have made a ruling if that route was attempted and media reports of the trial do not suggest same.

To think that it is persons such as this Reverend with questionable character who wish to defend religiosity and moral correctness yet by their own actions or words defile themselves. He has grandstanding on calling homosexuals abnormal, even after being convicted for the missing gun charge a year prior he remained adamant in his antigay advocacy. What we all thought to be end of the matter has only been given more life and legs to his own condemnation. Miller must also now realise that his privileges if not powers as a minister is greatly reduced, he cannot sign certain documents given notoriety to applications, co-signing a loan, applying for shared credit, bank accounts etc that may require such, he may not be able to travel to some jurisdictions for a time with a conviction, he cannot be a juror or a justice of the peace, JP; what authority can he have now lead a flock who are so wedded to him that they fail to see the larger picture but buy into the pretentious piety Miller is trying to spin.

What made this case different in my view was that the apprehension by Miller of Coke was done during special times in the form of a state of emergency as opposed to peaceful times and his own declaration he was meaning to take Coke to the US Embassy. Had he stopped at a police precinct and or the Police Commissioner’s office as the reason used to justify the disguised move via cross dress is that Coke feared he would be killed by local police things may have turned out way differently on Miller’s part; as it turns out he still had to be turned over to them when after an extended chase and capture at a cordon on St Catherine. Coke cannot determine his destination if it is he wanted to hand over himself and bearing in mind in the aforementioned message that the cops should ‘come good’

Miller should have extirpated himself from the matter altogether after the message which he conveyed to the Commissioner’s office prior to the incursion in Tivoli Gardens. As some have commented Miller got a slap on the wrist and the press conference yesterday he should have just moved on and not bother with it. Miller seems not to understand that what one puts on a statement must also carry through to every other part of the case, adjudication and court proceedings.

More anon although today the media landscape was quiet on the matter for the most part save and except a Gleaner article and a TVJ report on the same night. I have to agree with Reverend Garnet Roper (strange eh?) but even he has seen the spin that Miller is trying to put on this to paint the unofficial working relationship between clergymen, fugitives and established practices over decades. He highlighted in an interview with another antigay pastor Reverend Clinton Chisholm ironically where he said nothing in the Coke matter has disturbed the long held mostly cordial relations between police and pastors, he hinted however that with this matter as it has turned out may cause some unease in future professional engagements in handling such matters. The matter of traditional denominations versus newer ones who are also accommodated to operate in the protocol is interesting to note, there is a school of thought that more established churches have a more organised or trained clergymen in such matters versus a one man superstar pastor, the latter are not trained in clericalism, theology or in Bible, effectively a bishop does not have to have a church and think they can operate by mere salvation or seeing Calvary. The snickering from sections of clergy is telling with regards to the latter matters hence the ignorance of conventions.

Peace & tolerance

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Public Defender pleased with diversity training for police

Speaking at the Jamaica Constabulary Force diversity training workshop aka COMET, Community Empowerment Transformation Project (COMET II) at the Jewels Resort in Runaway Bay today Public Defender Arlene Harrison Henry commented on some concerns she has on the interactions between police and marginalized groups. She said it is timely for the force to participate in such activity and to reinforce policies that already exist.

She stressed that continuous training is required to remind individuals in varying professions for the need to maintain professionalism especially with marginalised groups.

"I regard this program and this training to provide greater sensitization of the police to the diversity of the Jamaican population and it includes a broad group of persons; to include women whose rights particularly in relation to matters of domestic violence over time we see the police being more engaged in matters of that nature and not merely treating it as a family matter." she said. 

"This training can only inure to improve services offered by the Jamaican Constabulary Force to the citizens of Jamaica," Ms Henry added sadly our same gender women in some recent cases cannot say that and as per usual launched initiatives, campaigns and trainings happen but implementation, continuation and monitoring has always been a challenge.

In as far as clash of rights from an LGBT standpoint where one journalist from NNN asked Ms Henry if some groups rights will supersede others, Miss Henry answered "I don't think it (LBGT populations) enjoys the rights that it ought to enjoy .........." she continued that there is continuous logging and recording of reports from various groups but she stressed the police has a duty under law to treat all citizens with dignity. She said that the Charter of Rights speaks to all persons owning their own rights and to preserve it for their families and future generations.

Some rights are absolute such the right to freedom or protection from torture when in police custody there is an absolute prohibition on any acts of torture while in the hands of the state.

She does not see a clash given the level of awareness and to guard such rights as applicable. "I come from a place that says that there is no room for discrimination, one against the other; we know that there are minority groups in Jamaica who may have a particular point of view; they have an entitlement to operate within that sphere."

She continued "That does not deny us our national identity; in other words by and large we are a heterosexual population but we must have respect for those who are not ..... it's a matter of engagement using set standards and principles that the state that we occupy on this island is shared in a way that each one is comfortable with the other; with mutual respect and dignity to all groups."

Ms Henry also spoke on camera on the matter:

The USAID COMET II workshop is in aid of supporting community based policing, sensitizing the force on issues to do with women & girls, people living with disabilities and members of the LGBT community. The workshop will run for four days June 12 -13 and again on 19 -20 all at the Jewel Paradise Cove Resort & Spa St Ann.

 Arlene Harrison Henry reviving the instruments of office from the Governor General January 16 becoming the first female to head the office

Ms Henry raised the following at the training sessions:

Earlier in May USAID announced the activity:

The United States Agency for International Development (USAID) is providing $330 million (US$3 million) in grant assistance to support targeted community activities under phase two of its Community Empowerment and Transformation Project (COMET II).

The Small Grants Program will provide direct funding support to community groups, faith-based organisations, non-governmental organisations (NGOs), and civil society organisations, to assist in strengthening local governance structures, and improving safety and security, particularly in volatile and vulnerable areas.

Provisions are also being earmarked to support the implementation of climate change adaptation activities, with focus on reducing the risk of disasters occurring, due to extreme weather patterns.

Three initial grants have been earmarked for allocation under the program. The first is $2.7 million to administer programs for “at risk” young people. The other two total just over $17.9 million to undertake youth and sports, skills trade, and vocational training programs.

While focus will be placed on providing support to the 25 communities where COMET II is being implemented, the small grants program will also be open for wider stakeholder participation, input, and benefit.

COMET II is $1.4 billion (US$13 million) community intervention initiative which USAID is implementing in the 25 communities across five parishes over the next five years, in partnership with the Government of Jamaica.

It is a continuation of work carried out under the program’s initial phase, between 2006 and 2013, in the 25 communities. These are among 100 communities targeted by the Planning Institute of Jamaica (PIOJ) for social interventions, under its Community Renewal Programme (CRP).

COMET’s overall aim supports the Government’s objectives and key aspects of the country’s Vision 2030 Jamaica National Development Plan, which seeks to position the island to achieve developed country status within 16 years and, in the process, making it the place of choice to live, work, raise families, and do business.

The COMET II Small Grants Program was formally launched by USAID Mission Director in Jamaica, Denise Herbol, during a ceremony. The occasion was also used to stage a climate change sensitisation session for participants attending the event, most of whom were from COMET II beneficiary communities.

In her remarks, Ms. Herbol said these engagements were “all about working with our communities and helping people.”

She noted that the extent of the USAID’s activities in Jamaica, over a number of years, has seen the agency establish a track record for promoting community safety and security; widening access to quality basic education; and increasing the resilience of targeted sectors, to climate change.

The Mission Director assured that under the USAID’s latest initiatives, “our emphasis remains an integrated approach to creating opportunities for secure livelihoods through a more cohesive, just, and healthy environment.”

In his remarks, Programme Director for the Planning Institute of Jamaica’s Community Renewal Programme (CRP), Charles Clayton, highlighted the importance of the COMET programme, particularly in complementing and assisting to advance work carried out under the CRP.

“The Community Renewal Programme is built on…partnerships…people working together in a coordinated way to bring about transformation in the (targeted) communities,” he stated.

Mr. Clayton pointed out that the COMET II programme focuses on such as security and safety, economic transformation, and the environment and climate change, offering, “(the) bridge that we all need…to re-unite our communities…and… make the changes that we need to see in our communities, to make a better Jamaica”.

Director of Governance at the Social Development Commission (SDC), Sherine Francis, said the COMET II grant programme and climate change sensitisation “signifies another important event towards advancing community development and building resilient communities.”

ENDS

Reminder of the Police's Diversity Policy

The Jamaica Constabulary Force believes that all citizens of Jamaica and visitors to its shores have a right to be treated with dignity and respect irrespective of who they are or the particular grouping to which they belong; through the Jamaica Constabulary Force policy on diversity the organization has strived to ensure fair treatment of all in its service delivery.

It is the policy of the Jamaica Constabulary Force that all reports from any individual or group be handled in a manner which reflects the highest level of professionalism in respects to human rights and dignity, this should be done with a view to portraying a professional image of the police and enhancing positive relationships between the wider community and the police service.

ENDS

Ms Henry has batted before at the crease several times prior to assuming the Public Defender's office leadership, one such memorable moment was with the now charged for perverting the course of justice one Reverend Al Miller:

and 

RJR's Beyond the Headlines host Dionne Jackson Miller had Arlene Harrison Henry on Human Rights Day 2012 on the the removal of language in the form of sexual orientation on the Summary Executions UN Resolution - On November 21, 2012, Jamaica voted against resolution A/C.3/67/L.36 at the United Nations condemning extra-judicial, summary or arbitrary executions which urges States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation.

Hope that the trickle down effect from this and what appears to be future training sessions will be evidenced in real terms during the police precinct customer service engagement and subsequent follow-up where required.

Peace and tolerance

UPDATE June 22

RUNAWAY BAY, St Ann -- With two weekends of training seminars completed, members of the Jamaica Constabulary Force (JCF) are expected to be more aware of the diverse groups in society and to better understand the safety and security issues facing them.

Fifty members of the JCF underwent two-day diversity training sessions at the Jewel Paradise Cove in St Ann over two weekends. Twenty-five members were trained in the first session with another 25 completed the training sessions yesterday.

The training sessions, which were held in partnership between the JCF and the USAID/COMET II project, saw the law enforcers being made aware of how to deal with vulnerable groups in carrying out their duties. The areas of focus were women and girls, people living with disabilities, marginalised youth and the Lesbian Gay Bisexual and Transgender (LGBT) community.

Guest speaker at the opening ceremony on Friday, June 12, Public Defender Arlene Harrison Henry, commended the JCF for the creation and implementation of its diversity policy. She also praised the USAID for working with the JCF to host the training sessions.

"One size does not necessarily fit all," she pointed out, insisting that every Jamaican had her own expectations and deserves equal treatment, and so the policy was a positive step in that direction.

Harrison Henry said that the Jamaican legal framework has been slow to recognise the increasing diversity in the population. She called on participants in the training seminars to make use of the training which will enhance their professional and technical skills and which allow them to carry out their duties conscientiously.

"As public servants, sometimes we have to stop and reflect on who is the public that we serve," she said.

She reminded the police that to serve and to protect was not only a moral duty but also a legal one.

Assistant Commissioner of Police Dr Gary Welsh said the training is not only for the Community Safety and security Branch but for the entire JCF. However, focus is placed on members of the Community Safety Branch (CSSB) because they interface with the public on a daily basis.

He said that the police diversity policy was rolled out in 2012.

"This training now helps to empower our officers to understand the training and how to use it as a tool in delivering service to our various groups. The persons who have been selected have been picked from all divisions across the country so that when they go back they will be the trainers," Bishop Welsh said.

Members from Respect Jamaica also participated in the sessions.

"We partnered with the USAID because we felt that this initiative is here to serve and protect and is dealing with a diverse group of Jamaicans. If they understand how to deal with each group then that will strengthen their ability to serve and protect," said Anna-Kim Robinson, programme manager of Respect Jamaica.

Donaree Muirhead, training coordinator and community policing coordinator with the USAID Comet II, encouraged members of the JCF to approach the training with open minds. She urged them to put away preconceived conceptions and be willing to share their views on situations so that they will leave the training with clarity.

She said the objectives of the training sessions included raising the awareness of the police as it pertains to the nuances of the diverse groups in society, to better understand the safety and security issues and challenges facing the diverse groups to increase the capacity of the CSSB to develop interventions that are inclusive or are specific to the needs of diverse groups, to enable the police to maintain professionalism in the discharge of duties, to treat with dignity and respect, uphold and preserve the human rights of all irrespective of who the individual is or to which group a person belongs.

The training facilitators were experienced and recognised persons who are leading voices for the diverse groups.

They included Rochelle McFee of WE Change; Taitu Heron, UN Women Jamaica Programme; Gloria Goffe, Combined Disabilities Association, and Miguel Williams, programme development Specialist at the Ministry of Youth and Culture.
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Parliament seeks submissions for sexual offences bills

also see: INTERNATIONAL DAY OF ACTION AGAINST JAMAICA’S BUGGERY LAW

Mark GOLDING (Justice Minister left) ... many issues could dominate deliberations. SIMPSON MILLER ... under fire regarding election Buggery Law review suggestion.

GORDON House has begun advertising for submissions to two new joint select committees appointed to deliberate on the recently announced Road Traffic Bill and the sexual offences legislations.

The joint select committee on the sexual offences legislations will be reviewing four bills -- the Child Care and Protection Act, the Domestic Violence Act, the Offences Against the Person Act and the Sexual Offences Act, which is having its first five-year review having been promulgated in 2009.

Among other issues the committee will look at are offences and punishment under these Acts, placing special emphasis on the protection of the most vulnerable (women, children, the elderly and persons living with disabilities) from violence and abuse.

Chairman of this committee and Minister of Justice, Senator Mark Golding, has acknowledged that with the review open to public submissions, it is not unlikely that issues such as the repeal of the buggery law, as well as the treatment of what he called "sexual minorities" including lesbian, gay, bisexuals, and transgenders (LGBTs), could dominate the deliberations.

However, he said that other issues, such as the common approach to sexual deviance in the region and its effect on public health programmes, including HIV/AIDS, will also be highlighted during the review.

Golding has confirmed dialogue with representatives of the United Nations Development Programme (UNDP) to assist with the case for the reform of provisions for intimacy in private among consenting consulting adults, with particular focus on public health disadvantages and the fight against HIV/AIDS.

The LGBT community has often criticised Prime Minister Portia Simpson Miller for failing to deliver on her 2011 election platform pledge to review the country's buggery law. Golding has said that he would not be surprised if the contending parties used the opportunity provided by the review to make their cases for and against repealing the legislation, but made it clear that this should not be seen as the aim of the exercise.

Opposition Leader Andrew Holness has suggested a referendum to decide the issue, contending that a conscience vote in Parliament would not be effective.

The long-awaited Road Traffic Bill has been drafted to modernise and update current legislation by making the Island Traffic Authority (ITA) the licensing authority and delegating its functions; broadening the role of the Road Traffic Appeal Tribunal; providing for the reclassification of all forms of vehicles; introducing new classes of driver's licences and attaching conditions to the granting of these licences; and dealing with the transportation of dangerous and hazardous substances.

However, the major issue has been the significant increases in the fines for breaches of the proposed new provisions, which has raised concern among the public.

The actual ad on the Parliamentary website read as follows:

A Joint Select Committee of Parliament has been appointed to review the “Sexual Offences Act”.

This Joint Select Committee will also review the “Child Care and Protection Act”, the “Domestic Violence Act”, the “Offences against the Person Act” and the offences and punishment under these Acts placing special emphasis on the protection of the vulnerable (women, children, the elderly and persons living with disabilities) from violence and abuse.

Accordingly, the Joint Select Committee is inviting written submissions from the public to aid the Committee’s deliberations.

Please send your written submissions by FRIDAY, AUGUST 29, 2014 to:

Clerk to the Houses

Houses of Parliament

Gordon House

81 Duke Street

Kingston

or
clerk@japarliament.gov.jm

Persons making written submissions may be required to appear before the Committee at short notice to explain their submissions.

Please click here to download copies of the Bill.

I still say the harking for a conscience vote is not the way to go as a full debate with proper submission seems more sensible to me with private deliberations which have been ungoing for years with parliamentarians although they pander to the majority none the less. Conscience votes can made to only serve to sure up political support and power and given the recent flexing of the religious antigay groups I am sure the PNP is nervously in a sense knowing they have support of churches but more so the established older ones, the more evangelical ones though seem to be breaking away to the JLP hence the threat recently by them to vote out any party that touches the buggery law, while the JLP fully supports a referendum on the issue.

General elections are due in 2016 and with the IMF austerity measures upon us voter apathy seems high still even after all these years, the PNP we must recognize is a minority government as only just about 50% or eligible voters came out and the buggery review suggestion was no mere risk that she took after the team measured the ground and saw that only die hards were in support, so something had to give to sway other voters and non committed to dip their finger in the ink and it is not lost to them that they have a far larger LGBT support that the JLP.

I hope JFLAG will be sensible this time around and submit a confident submission with decriminalization as its core and not allow infighting as in 1999 to derail the thrust.

also see:

The original JFLAG Parliamentary submission HERE

With the interference of anti gay voices such as Shirley Richards and Rev Al Miller(presently on trial for perverting the course of justice) this was what the 1999 report read like in part and the joint select committee requested:

The Committee urges J. Flag to carry out further research as to
(i) the Constitutions which guarantee protection against discrimination on the ground of sexual orientation;
(ii) the laws which would be inconsistent with such a constitutional provision;
(iii) scientific data as to the causes of homosexuality;
and (iv) whether there has been an increase in homosexuality following on such a liberalization of the law in other countries.

The Committee is not at present disposed, however, to include in the Charter of Rights a guarantee of protection from discrimination on the ground of sexual orientation, because of the implications which this would have, in particular, its implications in relation to the institution of marriage and questions of parenting. It would, however, bring to the attention of the Government, as a matter for consideration, the issue of the repeal of the provisions of the Offences Against the Person Act in so far as it relates to the offence of buggery between consenting adults in private.

ENDS

So I hope this time around this new joint select committee will not dance around the issue as they did in 1999, then again in 2006 and again in 2010. See more HERE

also see:
Why The Obsession with Gays Shirley Richards?

Buggery could dominate review of sex laws (Observer)

J-FLAG now advocating for decriminalisation of same-sex acts

Opposition Leader sides with antigay groups on Referendum on The Buggery Law

Promised (I mean suggested) Conscience vote on Buggery law not a priority right now (yet again) says Prime Minister

Non Governmental Organization Consultant says JLP suggested Referendum on Buggery is not a good idea

PNP’s Bobby Pickersgill differs on Conscience Vote route to decide on Buggery Law

PNP's Damion Crawford says it's highly unlikely buggery review will happen ........ it's not important now

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

Foreign Affairs Minister says Govt should be cautious on gay rights issues in Jamaica

Promised Conscience Vote on Buggery in Jamaica was a fluke, Sexual Offences Bill to be updated 2014

Keep Laws out of gays bedrooms (FLASHBACK) featuring Oswald Harding a more sensible politician who has since resigned from the senate

THE JAMAICAN GOVERNMENT SCHIZOPHRENIC ON HUMAN RIGHTS ?

and an associated podcast:

Beyond the Headlines host Dionne Jackson Miller had Arlene Harrison Henry on human rights day 2012 on the the removal of language in the form of sexual orientation on the Summary Executions UN Resolution - On November 21, 2012, Jamaica voted against resolution A/C.3/67/L.36 at the United Nations condemning extra-judicial, summary or arbitrary executions which urges States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation.

Coincidentally the upcoming challenge in the Supreme Court by Javed Jaghai et al is on November 21 this year as well.

The question arising out of the case publicly is will he have standing when the matter is opened in the constitutional court?

also see:

Judge rules Rastafarians, JFJ cannot intervene in buggery law hearing

1. Affidavit of J-FLAG to be filed and served by 29 Nov 2013

2. Expert report of Professor Chis Breyer to be filed Dec 9, 2013 which speaks to the impact of the anti-sodomy law on the HIV epidemic among MSM in Jamaica.

3. Affidavit of Defendant (AG) to filed 31 Jan 2014

4. Affidavit of Interested Parties to be filed and served by 28 Feb 2014

5. Both Claimants to file and serve their affidavits in response by 4th April 2014

6. Statements of Facts & Issues as well as Listing Questionnaires to be filed by each party and served by April 30, 2014

7. Pre Trial Review to be held on 14th May 2014 for 3 hours

8. Any further application intending to be heard along with written submissions should be filed and served on or before 24 April 2014

9. Trial fixed for November 10 -21st 2014

10. Claimants Attorneys to file and serve order

The AG is preparing the order for the strike out.

The judged refused the strike out application in whole but said that unless the claimant can provide notification of attendance at trial by DEC.9 the paragraphs in his affidavit (para. 18) with mention of reports would be struck out.

The claimant has to provide a notice of attendance for the following persons who prepared reports on the situation for Jamaican LGBT individuals:

1. Human Rights Watch
2. Inter-American Commission on Human Rights (IACHR)
3. J-FLAG STATISTICS
4. SHADOW REPORT for the UN Universal Periodic Review
5. TIMES AND ECONOMIST Magazines

More related posts:
J-FLAG finally shows open Support for the Constitutional Challenge to Buggery Law by Javed Jaghai

JFLAG Position Statement on Upcoming Conscience Vote on Jamaica’s Buggery Law

Hardened Positions by Religious Fanatics & Their LGBT Detractors Will Only Leave More Blood on the Floor

Peace and tolerance

H

Buggery could dominate review of sex laws (Observer)

also see from sister blog: Buggery the only thing that makes church butts sore?

Now the Observer reported today:

an older toon makes the point although I do not like the gay character there as done by Clovis of the Observer

GOVERNMENT is about to start a review of the Sexual Offences Act, which is likely to affect other legislation and raise questions about how the Buggery Act will be treated in the process.

Gordon House announced yesterday that a joint select committee of Parliament will begin taking form in the Senate today to review the Sexual Offences Act and "other pieces of legislation which protect special groups".

Justice Minister Senator Mark Golding told the Jamaica Observer last night that although it is very likely that issues such as the buggery law will be highlighted during the discussions, the intention is not to introduce changes to the buggery law through the back door.

"There is a provision for reviewing the Sexual Offences Act every five years, and the Act was promulgated in 2009," Senator Golding explained.

He said that it was always his intention to have the review started this year. He added that when Opposition Senator Kamina Johnson Smith's motion, seeking to have the legislation covering sexual offences against women and children was passed by the Senate recently, he was convinced that it was the right time to do the review required under the law.

But the minister acknowledged that since the review would be open to public submission it is likely that issues like repealing the buggery law, as well as the treatment of what he called "sexual minorities", including lesbian, gay, bisexuals, and transgenders (LGBTs), would dominate much of the deliberations.

Golding said that he expects that issues such as the common approach to sexual deviance in the region, and its effect on public health programmes, including HIV/AIDS, and laws, such as the buggery provisions which are considered by some groups to be hampering efforts to deal effectively with these diseases, would be highlighted during the review.

Announcement of the formation of the joint select committee, which starts today with the appointment of members of the Senate to the committee and is likely to be completed next week when the House of Representatives meets, follows a number of contrasting developments in the debate over the issue of homosexuality in the region, fuelled by the recent dismissal of University of the West Indies (UWI) Professor Brendan Bain.

The UWI said it sacked Bain because he had lost the confidence of the gay community and other rights groups and would be constrained in continuing to lead the Caribbean HIV/AIDS Regional Training Network.

In addition, American LGBTs staged a demonstration against Prime Minister Portia Simpson Miller in Pennsylvania last month when she went there to be conferred with a honorary degree by Lafayette University,

The LGBT community has often criticised Simpson Miller for failing to deliver on her 2011 election platform pledge to review the country's buggery law.

Golding said that he would not be surprised if the contending parties use the opportunity, provided by the review, to make their cases for and against repealing the buggery legislation, but made it clear that this should not be seen as the aim of the exercise.

Opposition Leader Andrew Holness recently suggested a referendum to decide the issue, contending that a conscience vote in Parliament would not be effective.

However, concerns about the Government's intention in holding the review at this time was heightened by statements made by Senator Golding last December. He stated that he had dialogue with representatives of the United Nations Development Programme to assist with the case for the reform of the provisions for intimacy in private among consenting consulting adults, with particular focus on public health disadvantages and the fight against HIV/AIDS.

Golding said then that in addition to reviewing the current provisions of the Act, the House committee would look at protecting the rights of all Jamaicans, including sexual minorities. However, he admitted that the majority of Jamaicans do not approve of a homosexual lifestyle and modifying the law would therefore be controversial.

"We have to acknowledge this," Golding said then. However, he insisted that the Government hoped to bring all sexual offences, involving both males and females, under a single Sexual Offences Act after the joint select committee completes its work.

ENDS

Today's Observer cartoon makes an interesting observation

Politics again at work we should remember that under his watch, the subsequent removal of the sexual orientation discrimination from the charter of rights draft in 1999 (see above draft p 27/28), post the JFLAG parliamentary submission the removal was aided and abetted by anti gay voices namely Shirley Richards and Reverend Al Miller. Also see Parliamentary Committee struggles to define sexual intercourse which was the other deceptive shenanigans used by the anti gay groups and individuals to supposedly deny future gay marriage rights.

Another Clovis toon from the Observer that hits the nail on the head in as far as the church (or sections of it) and the PNP on certain issues (I will ignore the gay stereotype character for now)

also see and hear:

Gay Marriage Smoke Screen, False Dichotomies and Religious Fanatics 05.06.14 

When did anyone ask for gay marriage rights in Jamaica when we can't get basic tolerance ......... more smokescreen

More gay marriage paranoia & hijacking of the homosexual debate by fanatics

Opposition Leader sides with antigay groups on Referendum on The Buggery Law

Youth Minister Lisa Hanna's conflation of same gender sex & abuse responded to

Foreign Affairs Minister says Govt should be cautious on gay rights issues in Jamaica

Promised Conscience Vote on Buggery in Jamaica was a fluke, Sexual Offences Bill to be updated 2014 says justice minister

Promised (I mean suggested) Conscience vote on Buggery law not a priority right now (yet again) says Prime Minister

PNP's Damion Crawford on Homosexuality's legality . 

Bandooloo Logic From Pro-Gay Gleaner(Gleaner Letter) to which I responded (pending approval)

I support Bain's dismissal(Observer Letter)

Espeut: Endgame - Politico-Sexual Chess

It's heating up folks let us stay on track despite the smoke screens, paranoia and fear-mongering by some, stay sane. I had warned about the twining or conflation of aetheism, secualrism and LGBT rights or homosexuality discourse in 2012 via this short podcast:

Peace and tolerance

H

Bruce Golding's Waffle on Buggery

As the Bain train rolls on and once dormant antigay feelings get more entrenched as the furore continues since May 18 2014 former PM Bruce Golding had weighed in via an article in the Gleaner on labour day May 23

Yesterday the Editorial of the paper dealt with the matter in a sensible way I think, have a read here:

Bruce Golding may have evolved a bit since he famously rejected the possibility of gays serving "in my Cabinet". But the former prime minister appears to have a problem making up his mind, exemplified in his on-the-one-hand-but-on-the-other-and-perhaps-the-third style of disputation in a recent contribution in this newspaper on the Brendan Bain controversy and gay rights in Jamaica.

Mr Golding wrote: "I am not opposed to the repeal of the buggery provisions in our laws because I don't think that legislation can, or should, try to regulate sexual practices, except in certain circumstances, such as in the protection of children. The State has no business barging into any bedroom to molest homosexuals any more than it would fornicators or adulterers."

That is precisely the position of increasingly large swathes of Jamaicans, including this newspaper, who call for the removal of these anachronistic provisions, which primarily target male homosexuals, assault the dignity of a significant proportion of our population, and cast the Jamaican State as some kind of voyeuristic sexual commissar.

Except that there is no certitude on Mr Golding's part in arriving at a principled position on a discreet issue of the right to privacy, freedom of association, and the preservation of human dignity. So, he searches for entanglements, which he finds in the argument that acceding on a principle, which he accepts is right, might lead to "the battle cry ... to secure same-sex unions and eventually same-sex marriages. And that, Mr Golding believes, would be morally reprehensible, eroding traditional values.

Willing to uphold a wrong

In other words, Mr Golding is willing to uphold a wrong for fear that doing what is right might unleash uncontainable social forces. That, we remind, was the kind of thinking that added to longevity of many moral ills, including slavery and apartheid. But in the contrivance of logic in support of his supposed fear of potentially cascading moral dominoes, the ex-PM may have forgotten the uphill path they would have to take.

For instance, Mr Golding was the leader of government when, after nearly two decades of deliberation, the Charter of Fundamental Rights of Freedoms was passed, amending the Jamaican Constitution. That charter, at Section 18, restricts the recognition of marriage, "or any other relationship of which any rights or obligations similar to those pertaining to marriage are conferred upon persons as they were husband and wife", to being between "one man and one woman".

His wavering notwithstanding, Mr Golding, by his recognition of the banality of the buggery provisions, added an important, if unintended, voice to the absurdity of the maintenance. Maybe at another go, Mr Golding will arrive at a position closer to that of another former Jamaican leader, P.J. Patterson - a serious debate on gay rights in Jamaica, in the absence of hardened positions among the protagonists, "taking into account the prevailing global environment within which we live".

We would wish Mr Patterson to engage the current prime minister and his successor as leader of the People's National Party as she prepares for her promised conscience vote in Parliament on the buggery provisions. Mrs Simpson Miller cares naught for the sexual preferences of the people with whom she works, a position that, hopefully, informs a conversation ahead of the vote.

ENDS

We must not forget the stance he took on an invented debate on gay marriage (rights that were never demanded) in order to obfuscate ant coverage under the Charter of Rights and also of even greater import is the stance the present Prime Minister took by siding with Mr Golding then:

some comments from the page:

Here is Mr Golding on his feet in parliament on the invented gay marriage plow to deny rights in the Charter of Rights debate 2009

Riding the wave of falsehood since her suggested (promised) conscience vote on buggery - receiving honorary degree from Lafayette University for "human rights" contributions recently

small protest by Caribbean Alliance for Equality group outside the University

Opposition parties when not in power tend to side on with ruling governments when it suits them let us not forget that the same Portia Simpson Miller led party sided with the then Jamaica Labour Party administration (Andrew Holness as deputy leader) headed by Bruce Golding during the Charter of Rights debate when the invented gay marriage debate was used to deny the inclusion of discrimination linked to sexual orientation in the document Portia then on her feet in the house said:

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 ..........."

also see: Opposition sides with Govt on No to same sex marriage (2009 post when the PNP was in opposition)

I am not going be like some in blind support with partisan reasons and simply sweep aside these statements made in the precincts parliament and even in writing over the signature of key ministers for example in 2006 the then Justice Minister A. J. Nicholson of the PNP spoke to gay marriage and the PNP’s not in agreement for such rights when no such rights were agitated for. It read in part:

No plans to Legalise Same Sex Unions (2006 Official Statement - Attorney General)

"There is no intention whatsoever on the part of the Government or the Joint Select Committee of Parliament that any door should be opened by provisions in the proposed Charter of Rights and Freedoms, or otherwise, to decriminalise homosexuality or to pave the way for same-sex marriages to be accepted as lawful in Jamaica.

In seeking to make submissions to the Joint Select Committee at this eleventh hour, the church representatives and the group of lawyers who complain about certain provisions of the Charter, concerning the protection of the right to privacy, need to be reminded of the history and purport of those provisions as they were developed.

First, those provisions are to the same effect as those that are contained in the recommendations of the Constitutional Commission of the early 1990s, under the chairmanship of Dr. Lloyd Barnett, in their draft Bill on the Charter

Second, the Joint Select Committee that sat for a long time to consider the Charter provisions, in the late 1990s, heard presentations from groups who take a completely opposite view to that taken by the church representatives and group of lawyers. Those entities, including J-FLAG, even though approaching the matter from the base of a different provision in the Bill, were of the view that the Charter should move away from the recommendations of the Constitutional Commission on this score and that there should be no discrimination on the ground of sexual orientation.

The Joint Select Committee did not agree that such a recommendation should be made to Parliament since it saw such a measure as opening the door to the legalisation, or at least, the decriminalisation of homosexuality.

So I am not one to simply take her supposed inclusive public relations while there may be some truth to it in terms of gender non conforming persons on the team but the greater imperative of winning elections at the expense of passing on what is right is the nature of politics. MORE HERE

also see some previous related entries:

PNP’s Bobby Pickersgill differs on Conscience Vote route to decide on Buggery Law

PNP's Damion Crawford says it's highly unlikely buggery review will happen ........ it's not important now

PNP Wins ................Hope for LGBT People ??

The Line in The Sand for The JLP part 13 - the ascention but the question:Will Holness be a pro-rights PM?

Foreign Affairs Minister says Govt should be cautious on gay rights issues in Jamaica

On Buggery and gays in cabinets with politics ............ some responses ......

Milk River PNP Councillor says no to buggery repeal ..

J-FLAG Disappointed With PM's Unfulfilled Promise, Though She Remains Best Hope

PNP: No election money from gay groups ....

‘Idiot plan that!’ - Many Jamaicans against Buggery Law review .

The Pink Report on JFLAG's handling of the Charter of Rights issue

PNP 2006, No plans to Legalise Same Sex Union (FLASHBACK)

No Same Sex Marriage says Prime Minister in Charter of Rights Bill Debate (Bruce Golding)

Church angry, gays happy PNP on collision course with Christians ………………. but some of us are not impressed

President of the Senate warns against discrimination based on language, sexual orientation

Mark Wignall ....... Gay Lobby will wait in vain

NOT READY FOR GAYS ……. GAY MARRIAGE SMOKE SCREEN REINTRODUCED ……………. POLITICAL DODGING 2011

BUGGERY LAW BACKLASH – BLAIR: THE CHURCH HAS BEEN SLEEPING – BLAIR WARNS REVIEW COULD LEAD TO SAME-SEX MARRIAGES 2011

Peace and tolerance

H