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
Showing posts with label IJCHR. Show all posts
Showing posts with label IJCHR. Show all posts

Sunday, August 17, 2014

Funds Dry Up For Local Human-Rights Lobbies

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Says the headline in today's Gleaner, some of us like smaller lesser known entities like GLBTQ Jamaica or Aphrodite's P.R.I.D.E Jamaica rely on individual donations from readers or funding from the FCO as was the case with the APJ Enterprise Training Project activities. There maybe some local donations by kind individuals via cheque or even cash as well especially for special requests for crisis interventions but those are drying up as hard times or belt tightening becomes more the norm.

I am wondering what is the purpose of this article though as there have been some push-back on human rights groups especially since the JFJ sex ed fiasco of so called foreign imposition of values via money and funding by some of the same persons ironically named in the piece below such as Betty Ann Blaine and even the acting public defender hinted to it HERE. Then there is the mischief making by first time MP Damion Crawford (same one who belittled Portia's Buggery Review/Conscience Vote suggestion) and his take on rights organizations and agendas.


Now to the story:

The reluctance of one local human-rights lobby to push the agenda of overseas backers has resulted in the curtailing of its operations, and the futures of similar organisations are in jeopardy as the ability to secure international funding to fight for citizens' rights has become increasingly difficult.

Yvonne McCalla-Sobers, who chairs advocacy group Families Against State Terrorism (FAST), told The Sunday Gleaner that the non-government organisation (NGO) has been unable to fulfil its mandate in recent times because of a lack of funding.

The group was started in 2001 following the alleged extrajudicial killing of two citizens by police in separate incidents.

"It was supposed to seek justice for family members who have been killed by the police or suffered in some way from the State," McCalla-Sobers said.

But McCalla-Sobers noted that apart from the fact that the families they represent had started to become weary of delayed justice for their relatives, "there is also the issue that where you get your funding sometimes can dictate what you do or don't do".

She noted that, at times, advocacy groups such as FAST were being asked to make compromises in order to secure funding.

She said that in the beginning, her group was primarily getting funding from Jamaicans within the diaspora but, following the recession, it was necessary to seek funding from international agencies primarily based in the United Kingdom (UK).

"The compromise would have been in, let us say, other persons far away deciding on the action that should be taken here," said McCalla-Sobers, who did not want to elaborate on the types of compromises her group was being required to make.

"The requests were nothing that would have been unethical, but it's just not in the direction that we saw the need here," she quickly pointed out.

Last week, Opposition Leader Andrew Holness called for the establishment of a commission of human rights to assist in safeguarding the rights of citizens.

His call came following the killing of construction worker Mario Deane, who died on Independence Day as a result of injuries sustained while at the Barnett Street Police Station in St James.

STRENGTHEN EXISTING INSTITUTIONS

However, legal luminary and former chairman of the Independent Jamaica Council for Human Rights (IJCHR), Dr Lloyd Barnett, believes the focus ought to be on strengthening existing human-rights institutions rather than creating a new one.

"I would like to see what it is that he is proposing because we sometimes react to problems by creating new posts rather than strengthening existing posts, and you get a multiplicity of positions, each underfunded and inadequate for the task," he said.

Much like FAST, he said the IJCHR is currently challenged to carry out projects because of a lack of funding. He said the council's last major project for which it received funding dates back to two years ago.

Most of the IJCHR's focus now, he said, is on education rather than advocacy, which can be very expensive.

"In order to conduct a human-rights advocacy or human-rights programme, money is needed, both for staff and material. You have to provide staff to interview people to receive their complaints … . That requires money. You have to pay rent, pay telephone bills, pay for all the normal things that you require to run an office and to provide a service. In addition to that, you would have to carry out investigations or to employ persons to advise on technical matters," he said.

Barnett said that although in the past the group got funding from a number of agencies, including USAID and the Commonwealth Secretariat, today, "a lot of the funding is based upon specific programmes".

Last year, parliamentarian Raymond Pryce suggested that it be made mandatory for interest groups to disclose their sources of funding and publish their financials.

He told The Sunday Gleaner that while these organisations help to keep democracy robust, "many times, they can receive funds in a subversive way that has hidden agendas, and many times those sources of funds come from agencies that are inimical to the way of life of the wider society".

Checks made by The Sunday Gleaner with at least 10 of the country's more prominent interest groups showed that while several were 100 per cent locally funded, there were many others that received the majority of or all their funding from overseas.

J-FLAG LOOKS TO US, UK

"We have to apply for grants much like any other NGOs and they are largely out of the United States and we have one donor in the UK," said Dane Lewis, executive director of the Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG).

The group's donors are listed on its website and include organisations such as Freedom House, Frontline Defenders, the Mac AIDS Fund, and Open Society Foundation.

Funding for the organisation primarily comes from overseas, and much of it is used for public education, Lewis said.

Lobbies such as Citizens Action for Principles and Integrity (CAPI), the Jamaica Environment Trust (JET) and National Integrity Action (NIA) are among those that receive both local and international funding.

Co-convenor for CAPI, Dennis Meadows, said while the group's four executive members are the ones primarily financing its advocacy work, persons locally and overseas have been making donations through the group's website.

He said his organisation was a virtual one and membership at last check stood at around 4,500 persons, with donations from the diaspora amounting to no more than US$1,000 per year.

"From a NGO standpoint, you have to build a foundation before you can seek to approach international agencies," he said when quizzed about his funding sources.

Diana McCaulay, JET's chief executive officer, said her organisation receives grant funding from overseas, but the work it does is also possible due to the help of local sponsors and membership fees.

The 24-year-old organisation currently has about 400-500 individuals on its mailing list and, of this number, about 200 persons pay fees annually.

MAINLY LOCAL FUNDING

"There have been years where we have had larger foreign amounts, and then that year, it would look like the foreign donation was greater, but if you look the whole of JET's life, I would say local funding is, by far, the majority," she said.

Professor Trevor Munroe, executive director of the NIA, said his group was primarily funded by USAID and the Department for International Development, but gets technical support from the Jamaica Civil Society Coalition and Flow.

Flow has, for example, given NIA free cable advertisement space valued at more than $2 million per month.

"They provide funds, but we are the persons who decide how those funds are utilised. They don't tell us," said Munroe in regard to NIA's international partners.

The groups that rely primarily on local funders include Hear the Children's Cry, the Lawyers Christian Fellowship and the recently convened Churches Action Uniting Society for Emancipation (CAUSE).

Co-founder of Hear the Children's Cry, Betty Ann Blaine, said the group was heavily reliant on charitable donations and grant funding from the private sector to carry out its work.

"We operate on a very small budget. Our budget is not more than $2 million per year," she asserted. "We have no overseas funding. All of our funding, right now, is from within Jamaica."

She lamented the fact that several NGOs have been forced to close their doors in recent times because of the inability to secure funding.

ENDS

Why did the author not get more information from JCHS, LCF or Jamaica CAUSE on their budgets or funding sources? I find it a bit strange as they have or seem to have millions at their disposal with all the full paged ads they have managed to put out in the same paper that can sometimes run into millions of dollars literally dependent on the day in question they are published. The paraphernalia as well in their Bain protests does not come cheap either and therefore must be coming from another source of funding, I say foreign ones that were not disclosed. I has well been established that homophobic or anti gay groups outside the US and as far as Africa such as Uganda have all benefited from funding from US based religious linked groups and personalities who cannot do their hate in the US so they export it.

Yet we are to believe that these groups are so lowly they only receive local funding!?

Did the author or editor of the Gleaner did not want to ruffle the feathers of their largest customer with their full paged ads so no pressure or questions were brought to bear as to the real state of affairs of their funding? given that one of the criticisms towards gay activism is so called imposed values and beliefs funded by foreigners yet we see the very same strategy in their camp and when such overseas funding for LGBT groups do not come easy as one has to prove and write proposals etc. if it were so easy as I wish it was groups like mine and others would have been fat with cash and able to do far more work than how snails pace we are.

Anyway I still want to encourage you my readers to continue your support as it is crucial for smaller frontline groups and individuals like me. Donations are accepted via Paypal securely where the donations buttons are located or





Tel: 1-876-813-4942 if any difficulties or email: lgbtevent@gmail.com

Thank You

Peace and tolerance 

H

Thursday, July 24, 2014

Jamaican Council for Human Rights Wants Probe Into Case Of Innocent Man Jailed For Nine Years for Steve Harvey's Murder

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Chairperson of the Jamaican Council for Human Rights, Arlene Harrison Henry, is calling for the Police High Command to order a probe into the case of a man held in police custody for almost nine years for a crime he did not commit.

Ryan Wilson was freed of murder last week in the Home Circuit Court after it was revealed that he was in custody at the Constant Spring Police station at the time of the alleged crime.





Steve Harvey in good times

Wilson was jointly charged with four others in relation with the 2005 murder of HIV/AIDS activist Lenford 'Steve' Harvey. 



Harrison Henry says what happened to Wilson is indicative of the dereliction of duty by agents of the State.

She further says having someone in custody almost nine years for a crime he did not commit is a gross violation of his Constitutional rights.

She says it’s not enough for the State to compensate him for the terrible ordeal, but those who did not do their jobs must be held accountable.

Attorney-at-law Ernest Davis, who is representing Wilson, says his client will be filing a lawsuit seeking damages against the Government.

You may recall for those who knew him and who follow this blog one of my original posts: On the evening of November 30, 2005, at approximately 1:00am, Harvey and his roommates were robbed at gunpoint in their home, his roommates were bound, and Harvey was abducted. A gunman reportedly yelled "We hear that you are gay" to the trio. Harvey's body was found two hours later, early the next morning, a few miles in the hills overlooking Kingston, with gunshot wounds in his head and back.

Steve Harvey's killing has resulted in a far-reaching public outcry against the government of Jamaica, which has been accused of ignoring violence against homosexuals.
Several organizations, including the United Nations have demanded a thorough investigation of the homicide.

In March 2006, four people were charged with the killing.
It was in that same year he was selected as LACCASO's (Latin America and Caribbean Council of AIDS Service Organizations) project coordinator for Jamaica and was about to launch into bigger an better things.

A Life cut short.

His work with the MSM population was EXEMPLARY (yet to be duplicated) I had the pleasure of working with him while he was a member of the GLABCOM, gay lesbian, bisexual community steering committee arm of Jamaica AIDS Support for Life, JASL in the late nineties through to his death.
The pic above depicting a happier moment of him, "BIG NOSE" as some would tease him, he never liked it lol.

He lived for politics and current affairs, always debating with someone about his favourite political party and if he never agreed with you his face made it very clear lol.
We Miss You Boi!!!

October 14, 2011 Update As for the political saga that ensued he would have lived for it and also the upcoming elections constitutionally due in 2012 he would have sided with his favourite party the Peoples National Party PNP who are now in administration and who also still enjoy most of the LGBT support despite siding with government on the invented gay marriage debate as a side bar to the Charter of Rights Debate in 2008/9.


I know he would have enjoyed the "working, working working" mantra Mrs Simpson Miller has taken on these days in her public utterances although the results are entirely different matter one could argue and that we have prior to his murder on many occasions.

Another one of our strong voices taken out unjustly.



Hope this case of this innocent man will open up more information needed to solve this one that has been languishing in our court system for far too long and then we wonder why we can't feel real justice.

meanwhile The Gleaner carried a follow up:

Careless Cops, Cooked-Up Case - Man Spends Nine Years In Custody For Murder He Could Not Have Committed


"The local justice system and the police force have again come in for sharp criticism after a man was held in custody for nine years for a crime he could not have committed.

Ryan Wilson, 25, of Grants Pen, St Andrew, was arrested in 2005 and charged with the murder of Jamaica AIDS Support coordinator, 30-year-old Lenford 'Steve' Harvey.

But on the day of his arrest, Wilson told the police that he could not have been involved in the killing because he was in custody at the Constant Spring Police Station at the time that Harvey was murdered.

Investigators failed to check the station diary to determine if Wilson was indeed in custody at the time, and charged him along with Dwayne Owen, Andrew West and the lone female, Chevaughn Gibson, for the crime.

Over the next seven years, several lawyers represented Wilson before attorney-at-law Ernest Davis was assigned by the court two years ago to represent him.

Davis told The Sunday Gleaner that while interviewing Wilson some time this year, the young man again insisted that he was innocent because he was in custody at the time of the murder.

"I began to do my investigation and so I went to the Constant Spring Police Station and requested that the station diary for 2005 be checked to verify what my client told me," explained Davis.

He said he was told the diary could not be found but he made several visits to the station in the hope that it was found.

Two months ago, the police reported that the station diary was found and it was verified that Wilson was telling the truth.

Davis brought the matter to the attention of the prosecutor in the case and Wilson was freed last Monday when he appeared with his three co-accused before Justice Lloyd Hibbert in the Home Circuit Court.

According to Davis, Wilson will be filing a lawsuit seeking damages against the Government for his ordeal.

The attorney slammed the police for their failure to check on Wilson's alibi as he argued that there was no justification for keeping Wilson in custody for so long.

Davis described the case as a "cooked-up one", as he pointed out that it was one of the co-accused who gave a statement alleging that Wilson was at the murder scene.

Wilson also has the support of several members of the local legal fraternity who described his case as a horrific travesty of justice.

"This makes a mockery of the Constitution, that a trial should take place without delay irrespective of the charge," charged attorney-at-law Bert Samuels.

"One of the amendments to the law that the prosecution has been seeking is that a defendant should give notice of his alibi. The police, in balancing their duty to the defendant or the complainant, is duty bound to check on the alibi given by any suspect, but more so where that alibi places him in the custody of the police themselves," argued Samuels.

According to attorney-at-law Tom Tavares-Finson, once Wilson told the police that he was in custody at the time of the murder, it was incumbent on them to investigate his alibi.

"So the police were derelict in their duty," added Tavares-Finson, as he charged that the defence lawyer and the prosecutor who initially had the case should also be blamed.

In the meantime, a second accused in the Steve Harvey murder, Gibson, was also freed last Monday while the trial continued with the other two accused, Owen and West.

Attorney-at-law Tamika Harris, who represented Gibson, said her client was 16-year-old when she was arrested.

According to Harris, the Judge's Rules — a set of guidelines about police questioning and the acceptability of the resulting statements and confessions as evidence in court — were breached when Gibson gave a statement while in custody.

FEW AUTHORITIES PRESENT

Harris further explained that no lawyer, justice of the peace or adult relative was present when Gibson gave the statement, and it was on that basis she was freed after this breach was pointed and legal authorities cited.

Harris told The Sunday Gleaner that while she is happy her client was freed, she is disappointed that it took such a long time.

However, Gibson is to return to the court on another charge, of knowing about an offence and concealing it. That case is set for mention on July 25.

Harvey was abducted from his home by gunmen who robbed him of several items, including his debit card, and then shot him. Harvey's body was found on November 30, 2005. Following investigations, all four were arrested and charged with murder in the course of furtherance of robbery."
Peace and tolerance

H

Wednesday, November 13, 2013

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

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(Please also see the Sexual Offences Bill Tab/Label immediately below this post for previous entries on the long debate and amendments in 2009 and before)

So the suggestion of a conscience vote on the buggery law as espoused by Prime Minister (then opposition leader) in the 2011 leadership debate preceding the last national elections was a dangling carrot for a dumb donkey to follow, many advocates and individuals interpreted Mrs Simpson Miller's pronouncements as a promise or a commitment to repeal or at least look at the archaic buggery law but I and a few others who spoke openly dismissed it all from day one as nothing more than hot air especially soon after in February member of parliament Damian Crawford poured cold water on the suggestion/promise and said it was not a priority as that time. and who seems to always open his mouth these days and revealing his thoughts that sometimes go against the administration's path. I knew from then that as existed before even under the previous PM P. J. Patterson (often thought to be gay by the public) also danced around the issue as this could mean votes and loss of political power. Mrs Simpson Miller in the meantime was awarded a political consultants' democracy medal as their conference concludes in Antigua, more HERE

additional comments via podcast recorded 23 November 2012:



also see the Chairman Bobby Pickersgill on the PNP's stance earlier this year, was this a hint of the change or rescinding of the proposed conscience vote being neatly announced?:

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

 and this older entry after the PNP win in 2011


also recall the press release the PNP penned on Dec 22, 2011:




Bear this in mind as well, after digging my archives I found the presentation by Mrs Simpson Miller in 2009 (poor audio though) where she sided wholeheartedly with the then Prime Minster Bruce Golding(his speech linked) on the banning of gay marriage, gay marriage rights by the way was never asked for by the LGBT advocacy structure at that time but it was dishonestly pushed on the agenda during the Charter of Rights debate then as a smoke screen to deny us recognition in the Charter. 

The clause that had discrimination as an infraction then was also removed from the draft prior to this speech after successful lobbying by none other than the Lawyers’ Christian Fellowship with support from none other than reverend Al Miller.

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 ……….." 

So the feeling remains here or what?

"I told you so" comes to mind when stuff like this plays out but I am amazed at how naive sometimes our leading spokespersons seem or is it just to meet public relations requirements and inform public discourse I guess. A report came on yesterday's forum hosted by the Jamaicans for Justice group, unfortunately I missed the radio discourse on Nationwide which I gather was to the point on the matter,



the public forum held on Tuesday, Nov. 12, 2013, to discuss the J'can govt.'s implementation of the 2011 Recommendations of the UN Human Rights Committee, the J'can Minister of Justice, Senator the Honourable Mark Golding (photo) announced yet another delay in ending the country's discriminatory laws against same gender loving Jamaicans.

TVJ News carried the Minister's remarks at the JFJ session:



plus this ...................
 
Instead of the Parliamentary Conscience Vote on the archaic anti-sodomy law that the Minister of Information advised would happen before the end of this year, the Justice Minister indicated that there will be a review of the Sexual Offences Act in 2014 to POSSIBLY address the laws which criminalizes private same-gender intimacy.


Legal Advisor to AIDSFREEWORLD Maurice Tomlinson who also has a case with the Caribbean Court of Justice as this progresses said that relying on public disapproval of gays (instead of basic human rights principle requiring protection of sexual minorities against oppressive majority views), the government has taken the cowardly decision to keep delaying the repeal of anti-gay laws. 




The Immediate Past Special Rapporteur for the UN Human Rights Committee, Mr. Krister Thelin (third from left), stated clearly that these laws were in violation of Jamaica's international commitments under the International Covenant on Civil and Political Rights. Meanwhile the tolerance ad case also brought by Maurice Tomlinson judgement is scheduled for release from the Supreme Court on November 15th. 

also see: Caribbean Court of Justice reserves judgement on Maurice Tomlinson case on barred entry due to sexual orientation

I surmise that the change of mind by the present PNP government on the conscience vote is due to to the public's feeling of the Prime Minister's lousiness and non communicative style on matters of national importance added to that are the slow austerity measures being pursued to include job cuts, repeated trips abroad with no serious reporting on developments, the goat island fiasco and silence there as well with the Chinese and so on. This time of year also is not a good time to do any political moves as Jamaicans take their holiday season seriously as a tradition, lest we forget it was the reason why the opposition Jamaica Labour Party lost the election in 2011 when they called it in December a first in our political history. The administration also may fear that a vote in the non-affirmative may lead to undo pressure from more powerful LGBT friendly states such as the US, pressure we do not need at this time and a PNP that wants to return to power and not fall in the trap of being a one term administration as the JLP became.

also see: The Jamaican Government schizophrenic on human rights ?

and hear an interview with IJCHR's head Arlene Harrison Henry:


Not to be outdone is the powerful lobby of the religious movements who have mobilised themselves in recent years and their vote is as real as they come (or go for that matter) also see: Church Stands Resolute Against Buggery Backers says Al Miller ………… Love March Movement Lacks Moral Compass says LGBT voice and as the to and fro continues the groups still believe a false dichotomy that the LGBT lobby is about to silence them, see more HERE and HERE. Plus this older entry: Betty Ann Blaine & foreign religious zealots continue their paranoia & misrepresentations of male homosexuality
So it's official we were duped and it was so neatly done at a JFJ meeting yet JFJ has not said a word just yet, it is not yet known if JFLAG was present at the session either but who cares these days as they have made themselves so lame in the eyes of some local LGBT people. None the less here is there position on the law:



Sad that it has taken JFLAG some 13 1/2 years to accept the lesser of the two options that were available at the time post the parliamentary submission in 1998. Suggestions were made from then that decriminalization was the route to take but their management had other plans and now they are left with no choice, hence my criticism after many suggestions to them that there is too much dithering when it is time act and when they act sometimes they end up shooting themselves in the foot.

Well I am not surprised by Mr Golding's announcement just strange how the PNP administration has now gone the Sexual Offences Bill Route. 

Also see these previous posts: 
Mark Wignall on Buggery law review promise was a political sham

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

The Line in the Sand for the JLP Part 14 ...... but vote ☐ PNP ☐ JLP ☑ Legalize Buggery/Anal Sex in private ........

JFLAG Position Statement on Upcoming Conscience Vote on Jamaica’s Buggery Law earlier released before the change of direction by the PNP.
Interesting times lie ahead.

Peace and tolerance

H

Wednesday, January 11, 2012

CVM TV @ Sunrise on the Buggery review & JFLAG's 100 days hope for meeting with PM

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CVM @ Sunrise earlier today January 11, 2012 dealt with the supposed JFLAG gauntlet of sorts for a meeting with the new Prime Minister Mrs Portia Simpson Miller on her promise as it were to review the buggery law and a subsequent conscience vote in parliament on repealing it, she had not issued a timeline for the suggested move but JFLAG has been reported as saying they want the matter to be brought up within 100 days of the new government taking office and this is not going down well in certain quarters including the religious community who have arrived at conclusions that the lobby group is demanding action on the strength of some possible donations to the PNP political party during the last election campaign. They have denied such allegations since. 

video: here is a reminder of Mrs. Simpson Miller on the matter during the leadership debate preceding the elections:

In a post on my sister blog GLBTQJA on Wordpress entitled: JFLAG wants PNP to discuss Buggery Law within 100 days of assuming office a CVM TV news item was also included

Dane Lewis Executive Director of the J told CVM TV that he expected the issues to begin to placed on the table within 100 days, "To be realistic we would imagine within the first 100 days the issue could be raised we can look at how to proceed," Mr Lewis said while JFLAG is not expecting a conscience vote to repeal the buggery law within the first 100 days discussions are important as Jamaica has a 2012 deadline to meet according to the international covenant on human rights, “….one of the leading recommendations made in November last year was that Jamaica should report by 2012 on what concrete steps to removal of discriminatory laws,” Mr Lewis said.

According to Mr. Lewis JFLAG is willing to make small steps in acquiring legal recognition for homosexuals he says although gay marriage is legalized overseas JFLAG is not pursuing that as part of its lobby at this time, "gay marriage is certainly not an item on our agenda, we still have a large issue of discrimination …. people are being evicted from their homes, people are being physically abused because of their sexual orientation and we want to begin to address those issues."

He acknowledges that the discussion of gay rights will be met with strong public opposition however he says as was demonstrated by Mrs Simpson Miller we should be strident in dealing with issues impeding human rights, a solution to the issues concerning gay rights will help to deal with HIV/AIDS.




Co-host of CVM @ Sunrise Rohan Dailey had the Reverend Dr. Henley Morgan and attorney-at-law Arlene Harrison Henry of the Independent Jamaica Council for Human Rights at first to discuss the JFLAG's position on 100 days for a meeting with the new PM, as you may have gleamed from the audio above Reverend Morgan walked on eggshells trying to make his position between the folds thus leading to the church's position versus his own and some clarification from Ms Henry. He also made it clear he didn't think gay marriage rights are to be extended same gender loving persons. It almost sounded scripted on his part, he struggled with the nature versus nurture matter whether persons were born gay or not while Ms Harrison Henry was on the ball from the get go where she clearly stated the gay community was not asking for gay marriage rights. She also made mention of the fact that the Charter of Rights made it clear that marriage is between a man and a woman obviously infused in anticipation of the issue being raised again by the then joint select committees who finalized the document. She also said a conscience vote could not be had unless there is national debate and education. 

One thing I had an issue with in as far as Mrs Henry's definition of buggery was concerned was where she said "...the legislative scheme sections 76 of the Offences Against The Persons Act treats with Buggery which is intimate relations between man and man or man and woman,it is that which is prohibited but the loving of same sex is not an illegal act...." she was speaking in the context of homosexuality not being illegal in Jamaica. To simply leave it open as intimate relations is vague in my view seeing that the buggery law is specific to anal penetration intimate relations can also mean non penetrative sex or so called compromising positions which may include partnered masturbation, intercrural sex (faking penetration by placing erect penis between legs of a passive partner, practiced by heterosexual couples when the female is seeing her monthly cycle) and or frottage, gross indecency would probably cover those outercoursal activity. She also said with women they cannot commit any act of buggery but I am thinking what about women who employ sex toys as part of their activities and said toy is used in anally penetrating a consenting partner?

Rev Dailey also reminded us of the former Senator Oswald Harding's position in 2004 on the buggery law repeal suggestion.
Here is Mrs. Simpson Miller in a subsequent outdoor political campaign meeting defending her comment 

Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11 

We must not forget the presence of some anti gay figures in the PNP who are still in the structure that of former Attorney General A. J Nicholson who supported nearly every anti gay move during his years including the tumultuous years of the Sexual Offences Bill Debates, the Charter of Rights struggles and his open castigation of gay marriage, even Portia Simpson Miller herself sided with Bruce Golding on the no to gay marriage smoke screen after digging my archives I found the presentation by Mrs Simpson Miller in 2009 (poor audio though) where she sided wholeheartedly with the then Prime Minster Bruce Golding (his speech linked) on the banning of gay marriage, gay marriage rights by the way was never asked for by the LGBT advocacy structure but it was dishonestly pushed on the agenda during the Charter of Rights debate then as a smoke screen to deny us recognition in the Charter. The same document that clearly defines marriage between a man and a woman, it also does not protect persons from discrimination due to sexual orientation but only on the grounds of ones biological form.

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

Has her position changed so radically? ........ Interesting times lie ahead people.

Peace and tolerance

H


UPDATE Jan 13, 2012
Meanwhile JFLAG tries to clear up the ultimatum versus request mess on the 100 day issue with the PM and the buggery review via yet another press release:

J-FLAG DID NOT GIVE ULTIMATUM

Kingston — January 12, 2012
The Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG) wishes to clarify that the organisation has NOTgiven the government an ultimatum.

On January 3, 2012, CVM TV contacted the organisation for a comment on its expectations of the new administration following the Peoples National Party’s (PNP) win in the General Elections. This was in the context of the bold pronouncements the Most Honourable Portia Simpson Miller had made during the leadership debate. NewsWatch reported, J-FLAG’s Executive Director, Dane Lewis as saying “To be realistic, I imagine within the first hundred days at least the issue could be raised, with a look at how to proceed.”

However, many have misinterpreted this statement of expectation as an ultimatum. Mr Lewis also highlighted that Jamaica is required by the end of 2012 to report to the UN Human Rights Committee reviewing Jamaica’s status under the International Covenant on Civil & Political Rights “on what concrete steps it’s [Jamaica] making towards removal of discriminatory laws”. It is within this context that the comment was made. J-FLAG wishes to reiterate that it has not issued an ultimatum but offered a comment on what could be done by the Government within the first hundred (100) days to demonstrate its recognition of the broad human rights concerns that affect all Jamaicans. This is a common strategy which has been used by many other organisations in civil society and private sector.

Like all Jamaicans, J-FLAG remains committed to the human social and economic development of Jamaica. In so doing, J-FLAG will continue to defend the rights of lesbian, gay, bisexual and transgender Jamaicans from discrimination, harassment and violence.

ENDS

As I hinted in a previous post on my sister blog GLBTQJA on Wordpress mistakes such as granting a telephone interview (sans any consultations with the community I might add) to the media in a "hot environment" when homosexuality or related matters are in the public domain is a no no, all the J should have done was waited and not mention anything at all to do with any time line in any way, shape or form now for it to be misrepresented as an ultimatum. We have had previous misconceptions before of JFLAG's position by media and one would have thought that as a former media participant himself the Executive Director of JFLAG Mr. Lewis would have known the ins and outs of local media with regards to hot button issues such as this. The San Francisco boycott some years ago and the suggested EGALE tourism boycott as well are prime examples of learning curves for the group and speaking just a little too much but when it's time to speak there is silence. How many mistakes are there to be made before it is perfected? one never knows.

Sunday, June 6, 2010

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

Peace & tolerance

H

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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