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.

JLP 2016 manifesto soft on human rights, mute on referenda & buggery, polls news #Javotes #Javote2016 #DecisionJa2016

Since the release of the document I have waited deliberately to see if any rebuttals would have addressed my concerns but to no avail; none has come via social media & twitter even as some questions were posed openly and messages sent privately to certain persons who are close to LGBT populations if not LGBT themselves but not out.

It is in the silence in between the campaigning on the political hustings that we must interrogate I suggest; the manifesto released on Friday last was surprisingly to me 56 pages in length when compared to their 2011 document of 134 pages, from which I quoted parts on human rights and some links to vulnerable groups. I just got a chance to read it through uninterrupted and I am left in lah lah land so to speak. The much touted referendum on buggery is missing from the document and as for the human rights component are only sentences of vagaries. 

Page 18 suggests the JLP if it wins will reform the justice system (a promise from both parties over the years) and the establishment of a human rights commission when compared to a much touted by the current PNP administration of a human rights institute which is yet to get off the ground; the PNP manifesto by the way has not mentioned any continuation of that action either which makes me wonder.

Despite the surprise and for some welcomed open support by former leader Edward Seaga at the mass meeting in Half Way Tree on Sunday 21st and his trumpeting of his baby the Charter of Rights which took 17 years to eventually come to life no mention was made of anything to do with buggery or when he hinted to his former rival P. J Patterson who also appeared at the PNP’s western Jamaica meeting of his perceived sexual orientation; everyone seems to be staying clear of that one.

While the JLP uses the Charter of Rights’ passage as bragging rights albeit it took some 15 years to get it to fruition the JLP needs to remember it sided with the PNP in many instances on the parachuted or invented futuristic gay marriage rights advocacy and the subsequent removal of the only protection regarding stigma & discrimination linked to sexual orientation. Case in point former Prime Minister Bruce Golding’s (post not in my cabinet BBC comment) during the Charter’s amendment debate in 2009 claimed no gay marriage rights when no one asked or claimed any such thrust and bearing in mind gay as defined between a man and a woman is deeply entrenched in the constitution so change cannot be a simple two thirds vote in the houses or even a high court ruling in our jurisprudence.

Interestingly former PM Seaga lamented that persons are still asking or crying ‘We want justice’ and that the Office of the Public Defender which was a creature of the Charter’s creation (a replacement for section three of the constitution) is to provide legal services for the poor who cannot afford private counsel; yet the Public Defender is swamped with cases and reports but short or deliberately starved of cash. Some of those cases frankly also include LGBT stigma & discrimination matters from my days at JFLAG’s crisis intervention desk between 2008 to 2010 as old cases were taken to the office when enacted.

Then comes the pushback on the 10 point plan and the seeming attractive tax relief on PAYE which has the very influential Economist Magazine saying the plan does not seem workable as how can 250,000 jobs be created when 178,000 are unemployed, they never stated the source of the figures. Then although the JLP has effectively reshaped the discussion of the issues and have the PNP on the offensive especially on the tax plan, when only an estimated 118,000 persons who are eligible voters will be affected by the PAYE removal which is about 6% of the total vote cohort; other issues of course will have an impact and the latest RJR commissioned Don Anderson polls show a 1% surge for the JLP supposedly based on the tax reform/PAYE removal proposal. The PNP has been chipping away at it relentlessly and it is now apparent why they refused to participate in the leadership debates outside of being forced to address obvious questions they may be unable to answer including the buggery law/conscience vote issues.

I thought that the referendum on buggery and the CCJ which had gained some traction since first mooted would have appeared prominently in the document but on page 48

 

entitled “Protecting the Vulnerable” the wording only speaks to children and not the elderly or minorities such as LGBT. The next page 49 spoke to gender issues, sexual reproductive health, men and masculinities and gender based violence. Page 18 under Human Rights it speaks only as a vague sentence “protect vulnerable groups” now what does that really mean? Or the line item “Institute a programme to remove and repeal outdated legislation.” Does that include buggery or will the referendum obtain? Under page 49 as well there is a line item:

“Review of legislation of sexual offences, domestic violence and childcare & protection.”

Given that that happens every four years and includes the problematic “Buggery Law” again uncertainty and vagueness of the documents and the pandering or not to either religious right groups or hugging up LGBT advocacies as a good image building tactic for international partners but no change in the actual legislations at all in fear of political demises. Seeing the diluted ‘Savings Law Clause’ which has opened up a door in a sense to tackling the law for amendment or legal constitutional challenges, is it that the JLP may somehow reinforce that clause so as to preserve the law and making it immune from challenges? And how would the PNP react to this although their manifesto is also silent on LGBT albeit the Justice Minister like many in the executive and elsewhere privately know that the law needs to go or be amended but the open will is just not there.

Frankly given the sequence of events this time around maybe legislatively qualified political organizations must submit or release their manifestos on the same day or time, similar to counsel in court making submissions so as to avoid one-upmanship and so on. I am just unsure and wondering what in hell am I going to put my X for? My member of parliament who I have not seen for nearly some twelve years or more has not passed by; only a bus or some thugs with the voter information card of the candidate which makes me wonder about safety of persons and who these questionable looking characters may recall.

Despite the presence of a Rastafarian gentleman who is an attorney running as a candidate and his stripes in terms of LGBT are known in certain circles I have not seen any barbs or campaign materials to give effect to LGBT considerations publicly at least, referendum or law reform regarding buggery and the CCJ. The gentleman is now crying foul that his supporters are being intimidated by PNP supporters through threats the removal or defacing of campaign posters in Gregory Park and now a push all of a sudden to remove the poling division from the oldest location to a new locale on the guise of inefficiency on a future victimhood campaign. also see: Terrelonge Says PNP Wants Polling Station Moved Out Of Desperation (Gleaner)

Good to see however that despite the pigeon holing of the JLP’s ten point plan, a certain Matalon’ malcontent on tax reform suggestions and such cost and size of houses included the public debate seems widely placed on issues for the most part but one cannot escape the wrenches thrown in the mix. But the missing specifics on both party’s front is not aiding my decision where to mark my ‘X’

Audley Shaw Finance spokesperson spoke of a so called last minute swing for the PNP looks good in his eyes and Seaga’s appearance a first since his departure are signs maybe they smell victory somewhere. February 22nd police and election day worker voting preliminary figures suggest just over a 50% turnout when compared to 2011’s just over 28% a near doubling; pundits have since suggested that if voter turnout overall is over 60% then it is a close win for the JLP as they need to win back seats lost numbered some 18 then add to that to get the majority. I am feeling a close election given more eligible voters are around now and the parameters are different this time around especially the social media and smart phone app inclusion. Young people (18 – 35) make up almost 73% of the voting public and are very vocal and included in the articulate minority online; will those persons translate their thoughts to actual votes and then be vigilant afterwards is yet to be seen. Youth unemployment is 28% yet promises are made of jobs, jobs and so on yet to have their hopes dashed. It’s about the transforming of their social existence.

Gleaner lead story HERE

There are about 21 constituencies such as East Rural and Eastern St Andrew look good for the JLP in the eyes of some but violence in Eastern St Thomas or St Andrew and the aforementioned Gregory Park matter are done to put a spoke in the momentum for the JLP. The close seats are the ones to watch on election night.

last mapping from the Gleaner

I am nervous about surprises in the future or procrastinations or some explain-away that it not a priority right now that are simply not plausible. Finally the According to the Ramsamooj poll, 62.03 per cent of respondents said ‘yes’ when asked: “Do you think the Government was able to pass the IMF tests at the expense of the citizens of Jamaica?”

Another 21.14 per cent said ‘no,’ and 12.84 per cent said they did not know. Respondents were also asked if they agreed or disagreed with the slogans of the parties — the PNP’s ‘Step up the Progress’ and the JLP’s ‘From Poverty to Prosperity’.

Some 53.47 per cent agreed with the PNP’s slogan, against 46.53 per cent who disagreed. On the other hand, 62.27 per cent were in agreement with the JLP’s slogan, and 37.73 per cent in disagreement.

The JLP, meanwhile, had 80.70 per cent of respondents endorsing its growth agenda as part of its job creation plan; 77.71 per cent endorsed its planned creation of a Ministry of Economic Growth and Job Creation; and 75.64 per cent backed its National Apprenticeship Programme.

“Both the PNP and the JLP have been able to motivate and mobilise core supporters, and both have demonstrated that they have been able to bring out their support base as a method of testing and reviewing their election day machinery,” Ramsamooj told the Observer yesterday.

However, he said that what is critical is the political appeal of both platforms in attracting the undecided voters. He said it was evident that the electorate is looking for leadership that will meet the IMF conditionalities, while improving their lives.

“The political rhetoric and political optics displayed, while resonating with party supporters, have a different interpretation with the undecided, first-time voters, the business community, and swing voters,” he said.

Voters, he added, would also be concerned about the benefits under a new Administration over the next five years.

Political interest, he said, has been heightened since the parties launched their manifestos last week, but noted that the public conversation is more about the JLP’s 10-point plan. More HERE: T&T pollster finds momentum leaning to JLP - Marginal seats hold key to victory, but any error could spell disaster Jamaica Observer.

Mek we see nuh.

Peace & tolerance.

H

PNP’s 2016 manifesto silent on LGBT matters, very little on vulnerable groups #Javote2016 #DecisionJa2016

So I rushed to my PC when word came early yesterday that the eagerly anticipated People’s National Party, PNP manifesto for the upcoming February 25 election date was ready for viewing. I am been ambivalent on whether to vote or not or who to vote for or what issues that jostle for top priority in my mind; only to be perusing the rather shorter than usual document in only 72 pages a far cry from manifestos in times past from both major parties. The 2011 document came in two parts a longer version though limited available and then a subsequent 70 page condensed version.

Very little was said general with vagaries more so than anything else in this election cycle’s release. JFLAG in a sense made a sensible move by launching a petition based on the Vision 2030 goals while encouraging both parties vying to consider. Check out my post on it on sister blog GLBTQ Jamaica HERE.

And what the hell does the sentence in the PNP Manifesto saying 'Jamaica is at the intersection of hope and history’ mean?

Gleaner's Lasmay take on the debate debacle made me laugh

today's Gleaner headline: PNP promises first world country

Anyway I have to agree with the JLP affiliated Sharon Hay Webster with her views on identity politics she hinted to this morning on her Freshstart morning show on Newstalk 93FM when persons with those interests do not vote or make such matters a critical election item for to force political parties to have to address them, the so called pink vote has not really factored in many elections which was what led to the obnoxious comments and scoffing by first time MP Damian Crawford just two months into the PNP administration taking office in 2012. He dismissed the notion of any MP coming out or any conscience vote promised or otherwise happening; which was a sign of things to come in terms of deferring on the issue. Repeated sidelining persisted the years following to present led by information Minister (the worse one yet) Sandrea Falconer.

Remember these?

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

PNP's Damion Crawford on Homosexuality's legality .

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

The PNP seems to think that persons are supposed to automatically know what the party intends to do, even after the December run of press conferences on the Ministries’ work and the Jamaica Information Service’s JIS bordering propaganda style but then again I am not surprised that entity has always been used even in the old days when it would have been renamed to API, Agency for Public Information depending on who is in power at the time. Words such as ‘continuation’ ‘improve’ ‘extend’ and so on to suggest an extension of work over time. But seriously the sticky matters of the buggery law even while some very minor if not incremental changes mostly forced by pressure externally and locally on the ground is one thing but as for policy that’s another matter. Just take a look at the now cooled guidance counsellors’ matter and allegations of non engagement (yet to be properly proven) and discomfort by allegedly counsellors with LGBT students and continued inappropriate use of the referrals systems in the Ministry of Education.

No details on issues were present, a point made in an interview with deputy General Secretary of the PNP Julian Robinson on Radio Jamaica’s RJR Beyond the Headlines yesterday, host and Media Association President Dionne Jackson Miller mentioned the lack of depth in the document. Mr Robinson responded in the usual well rehearsed manner that it was not for the lack of thought or the gravity of the hardships faced by Jamaicans as it was more about a continuation of the policies and programs ongoing. I texted in to the show to ask so what about the new developments and or programs that have failed or not gotten off the ground? But my text like many others I imagine may have been lost in the sea of reactions and queries.

The social issues were tucked away on the far end of the document that I had to rip from the internet as a downloadable version was not made available up until the time of the preparation of this post which bothered me as well. One would think that the urgency of this as time winds down to the faithful day such a document should be more public. Bearing in mind the debate flip flopping, barbs from both parties about the opposition leader’s house, dismissal as irrelevant political debates and as frivolous and a deliberate avoidance of LGBT matters of buggery this time makes one wonder if the avoidance of the debate with obfuscations is a move to are now be seen as making promises or suggestions on same for marginalized groups. We cannot forget the CCJ baiting on the altar supposed legalization of buggery if a constitutional challenge goes to the Privy Council as done by the Justice Minister late last year.

See:
Justice Minister exploits homophobia to gain CCJ support

Despite the contents page displaying a list hinting to youth on page 34 it is on 43 and 44/5/7 that something is mentioned on psycho-social matters. It also depends on what platform you are viewing especially on ISUU. 

Then on page 51 gender is dealt with from an obvious hetero-normative construct as the image of a opposite sex couple leads into the page’s contents. 

Page 50/52 deals with the handling of the ‘plight of boys’

Then page 60 deals with the behaviour and code of conduct of parliamentarians but given recent events such as accusations of Youth Minister’s Lisa Hannah ‘battyman’ comment towards opposition JLP colleague Warmington coupled with her long winded television paid ad last evening I found myself flipping channels to US cable shows and back and still seeing this woman after some twenty minutes plus. 

also see: Vaz claims Warmington was provoked & called a B-Man in parliament

Nothing was mentioned of one of my pet peeves homelessness either from a general populations standpoint of LGBT sides as well given recent high profile matters involving the latter; bearing in mind also the aforementioned Deputy General Secretary and member of parliament of the area where the populations have featured repeatedly Julian Robinson I was looking for something specific if it was even one sentence.

The glossy pages and such is OK but as for contents I am not impressed, the 2011 document and indeed the 2007 release as well was at least stocky and worth reading through although they too lacked specifics regarding LGBTQ matters, rights & recognition and policy direction or development for same. At least in the 2011 manifesto they spoke specifically to Gender in far more clarity on page 61;

they also spoke to Gender in Development on the same page over to 62. Page 63 at the time also went into special interest groups but the family life component still was a hetero-normative based look to it with a opposite sex couple with children as the tag in the lead in.

So we have been shafted for the most part yet again in this manifesto albeit behind the scenes negotiations and such may be ongoing as they were when I was more active inside JFLAG and other efforts but the proof of the pudding is not there yet in my eyes to suggest any real impact. Then we have to contend with a push by the Jamaica Labour Party, JLP to have a referendum on Buggery & the Caribbean Court of Justice, CCJ obviously pandering to the religious right movements and their anti LGBT rights agenda. 

also see:

Nicholson says JLP 'crazy' for wanting referendum on buggery law .... oh boi

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

Opposition leader (JLP) reiterates his call for a referendum on Buggery ...2014

Jamaican Opposition Leader says he would allow homosexuals in his cabinet ..... departing from his predecessor 2014 

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

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

Of note the JLP 2011 manifesto (134 pages) on page 82 spoke to human rights: 

HUMAN RIGHTS 

Although Jamaica has committed to protecting the human rights of its citizens on paper by signing treaties like the International Covenant on Civil and Political Rights, its failure to follow through with this commitment is a moral transgression that casts a dark shadow on the nation. The JLP has taken concrete steps to address this issue by entrenching a Charter of Rights in the Jamaican Constitution and enacting legislation that holds members of the security forces and other agents of the state accountable for any human rights violations. Nevertheless, we acknowledge that we have a long way to go to fulfil our duty to protect, preserve, and respect the human rights of all Jamaica’s citizens. We are committed to the journey. 

MAJOR ACHIEVEMENTS 

Charter of Rights & Freedoms (Constitutional Amendment) Bill 

Bearing in mind they were complicit in cahoots with the PNP having remove the only protection in the draft in 1999 of discrimination due to sexual orientation.

Then the document went on to say on page 115:

“Gender Mainstreaming 

In support of the success of the priorities set out above: 

• The JLP will continue its commitment to Gender Mainstreaming in Public Sector entities, increasing the number Gender Focal Points in Ministries Departments and Agencies and ensuring that gender is integrated in to policies, plans and programmes. 

• The JLP will appoint a National Advisory Council to monitor and coordinate implementation of the National Policy for Gender Equality. 

• The JLP will continue to encourage STATIN and PIOJ to collect and analyse sex disaggregated data to enable better analysis of the needs of males and females and in so doing improve decision making in the interests of both sexes and ultimately, national development. 

The Male Desk 

The following are programmes and activities the Jamaica Labour Party has on track for implementation: • Establishment of Male mentorship Programmes in schools starting with five (5) Pilot programmes. 

• Implementation of skills training and enrolment in JFLL to respond to popular requests from consultative male workshops. 

• The hosting of a National Male Health Symposium focusing on Males Mental and Sexual Health. 

• Ongoing engagement of men and boys across the island in masculinity and gender discussions. 

National HIV/AIDS Workplace Policy 

A Green Paper on a National HIV/AIDS Workplace Policy was debated and passed in the House following discussion at a Joint Select Committee. A Voluntary Compliance Programme has been developed to assist organizations to recognise HIV/AIDS as a workplace issue and to use appropriate measures to contain its transmission. 

Then on page 131:

“HOMELESS PERSONS 

The homeless are perhaps the most neglected group of citizens. We have a duty to treat them with the utmost dignity. We must provide them with access to shelter, food, and healthcare. We must also help them to reconnect with families. We must also give them opportunities to find employment, by equipping them with the necessary tools, like proper identification, paperwork, and training. 

MAJOR ACHIEVEMENTS 

• The JSIF donated $65 Million for the building of a shelter for the homeless on King Street in downtown Kingston. Construction of the shelter, which will house 150 men and women, is set to begin in 2012. 

• Through the National Council on Drug Abuse and the Ministry of Health’s ‘Tek it to Dem’ Programme, the first ever health and wellness fair for more than 140 homeless persons took place in April 2011. Apart from availing themselves of medical and dental services and meals, the homeless had access to agencies like the Registrar General Department (RGD) and the NIS, which provided them with an opportunity to apply for important documents. Persons also got presentations from the HEART Trust/NTA and the Jamaica Foundation For Lifelong Learning. The ‘Tek It to Dem’ programme, targets mainly the homeless, HIV infected persons and substance abusers in the Corporate Area. The project offers services such as counselling, testing and care in addition to food, clothing and transportation to medical facilities and shelters. 

THE WAY FORWARD 

• Establish in conjunction with churches and charitable and civic organizations shelters in major towns for homeless persons. 

• Include these shelters in the routine programme of public health delivery to ensure proper medical and psychiatric evaluation and treatment. 

• Assign social workers to assist those who can be reintegrated with their families or restored to a life of dignity. 

• Assist the homeless to obtain official documents necessary for them to gain employment.” 

So more specifics were available to chew on and questioning possibilities or achievability. The PNP plans to host if not bombard us with daily press conferences and the television ads are heavy on the ear while boring to me. Social media deluge has turned me off as well as nice glossy ads, flyers and such look great and lure one into a sense of a feel good state but it is far from reality; old foot like me lol are used to political parties trying to grab me or my ancestors. Yesterday for example a JLP decorated truck/town crier passed by and it was pitiful as the men aboard obvious thugs paid for to accompany the vehicle had nothing to say and the MP was missing for questioning or engagement.

 more social media blurbs and then I am forced to swap black dog fi monkey ..... oh lawd!

Observer headline ... yet more le sigh!

Observer's voter apathy nuff, a dead heat

Bill Johnson's Gleaner commissioned poll says a lot (also see: The Line in the sand for the PNP part 6 .......Polls & die hards loyalty

I am left with several questions in my mind such as why is the PNP going out on a limb to attack the JLP (Andrew Holness) on the debate & now Holness house matters if it is that the Bill Johnson & Don Anderson polls suggest they are in the lead. There is something else bubbling that is impacting this move, the closeness seems to be the main one but could it be a nyam out (eat out) the machinery on both ends but do not vote for anyone as persons are willing to sell their votes; we know it happens if ever so discretely. Things are paid for, t-shirts are provided etc for example; or ink dipping prior to Election Day in poll divisions (pds) of the opposite party that is stronger which in turn restricts said voters from turning up on the faithful day as the ink does not wash off for days from fingers and one cannot vote by law thus reducing the impact. Oh boi!

This election is going to be close and I have to agree with Mark Wignall on this as he seem more balanced in his comments albeit he has publicly stated he has voted 4 times for the PNP and 3 for the JLP within the last 7 election cycles.

Peace & tolerance indeed required as the silly season goes on.

H

The line in the sand part 15: More shenanigans & exploiting buggery .........

Observer's Clovis on point again

So the PNP may well be a one term administration after all if the disgruntled party supporters who are still threatening not to vote at all coupled with the other factors.

See previous parts for more: 1, 2, 3, 4, 5, 6 & 7 & 8 & 9 & 10, 11, 12, 13, 14

I waited a while to make an entry in this series and boy so much has happened but now that the Prime Minister has effectively false started in announcing the date the opposition is going to pounce and my present concern is we are in for a lengthy campaign war which reminds me of the gas price demonstrations in January 1979 I was young but I remember them well while then opposition JLP with Edward Seaga on a roll and they kept up the pressure to the point that in February in 1980 Michael Manley had to announce an election as he felt he had to keep Jamaica afloat. This was right in the middle of the ideological struggle with election violence; the economy went into freefall and such. Then there are the IMF pre-requisites and the fact that the government whichever one has to cut the public sector in the reform process by April 2016 or thereabout and we remember what happened to the JLP when they did cut jobs prior to the 1989 polls and lost despite other developments in the positive. An inefficient public service is simply an albatross on development and we better recognise that if we intend to grow the economy in any serious percentages. 

Observer poll on Fenton November 2015

God apparently has not touched the PNP leader yet as she said she is waiting for before announcing the date but with the smoke still settling from the Ferguson dead babies failure then the other matters just deflect us from watching the real issues. Last time I checked God gave us a brain and we should use it.

Gleaner's Lasmay toon 

Fixed election dates anyone? The second week in August would be nice to me as Independence Day will not affect the season that much coupled with the tourism off season and schools would be out on holidays hence schools can be used as they are now as polling stations or for political meetings. We need to remove the stop and start foolishness every four to five years when we are held to ransom by a Prime Minister and where persons, businesses and such cannot plan. Too much uncertainty, Simpson Miller needs to learn what happened to one of her young MPs and the ‘tricks you’ trope Damian Crawford conducted now he is out and will not run as candidate for St Thomas. I wonder if the now available billions ($4.1) via the IMF’s decrease of the primary surplus target from 7.5% to 7.25% for the second half of fiscal year 2015/6 and down to 7% for 2016/7 was the reason why the election is also delayed. Apart from the polls showing the JLP over-taking the PNP as a whopping 11% of PNP supporters say they wouldn’t vote for both parties at all; the machinery made need time to try to recoup lost support. 

see: Aubyn HilI: IMF Finally Concedes It Was Wrong (Gleaner)

We were told get ready by Miller and Peter Phillips saying even a blind man could see, then Miller’s comment last week comparing a horse race while listing all the pieces required. There is a cost that the electoral office of Jamaica has incurred simply due to the election date delayed; it costs to train persons and to retrain them for the future day according to the Director of Elections Orette Fischer adding to that are the businesses whose plans are impacted again.

Will Peter Phillips resign as campaign manager after he jumped the gun on the announcement when it is the purview of the PM or is there a power struggle between Phillips & Miller carrying over from all these years following the nasty leadership race where the two came head to head? After all Britain changed their law to make election dates fixed as they have removed archaic laws but we hold on to them including buggery now being used as a football to capture religious fanatics. (see: Nicholson says JLP 'crazy' for wanting referendum on buggery law .... oh boi) and Golding, Buggery And The CCJ

Tufton on Same Sex Marriages & Growing Up ..... Charles panders to antigay position

The PNP cannot call an election now either as the dead babies issues, internal elections battles, raw wounds in terms of who has done them wrong internally, the austere economic reform program despite the freeing up of four billion and near eight billion next year so time is needed and the talk of elections by February may not be so sensible; it is too short a time to recover from the variables outlined.

Then I had to contend with a call from the electoral office about my application for my identification voter and national ID card that my photos and that of many others were corrupted. I was asked to return to the office to retake them of which I refused and demanded they send a team to my home as they did for the verification process to retake the shots; they did accede to my demand but this just goes to show the almost failing governmental systems and such. I am still up in the air as to who to vote for these days as the exploitation of buggery is the main thing that bothers me then are the jobs that were promised by the PNP in 2011 and a clearly campaign trail promise of 100,000 jobs by finance minister Peter Phillips when we now very clear that is not countable given the JEEP jobs are temporary and is a feeding tree for the same party. Long lotto lines are not jobs either. While passing the 10th IMF test what is to come is also worrying; yes we have heard announcements of investments on the hotel strip as a spin off from the opening up of Cuba or the so called freezone in St Catherine in terms of car parts processing (we have heard that before and none materialized) so the timing of these announcements leave me wondering based on previous promises that die the moment the announcement or election fever ends. Peter Phillips lied to us saying he or his administration created 63,000+ but when he was fact checked it turns out to be just under 40,000. I do not believe that when so many complaints come from qualified University graduates who have to either take jobs well below their degrees and or stay home and the small business avenues opportunities are rare and few in between; the wider masses are simply not in the loop.

The economy cannot absorb paying redundancy payments from laid off public sector workers whilst in the same breath the private sector has not developed enough such as in the old days one could jump from a public sector job and morph into a private sector job and still be able to make oneself up for promotional advancement. But we have had so many issues of this in previous times where accusations of political victimization where an opposition party cries foul where their supporters allegedly are laid off in such exercises.

Why are we not producing sugar in such a number to really earn form it despite health warnings demand has not waned yet we hear sugar factories closing and persons being laid off. What has happened to Cocoa especially when world market is demanding so much including the big names in chocolate products and hot beverages yet our plants are just barely surviving from disease or low production. We have so much potential and yet we are sluggish in development. We were paying 56 cents in every dollar for debt in 2011 when the JLP lost in that race now we are back to almost 75 cents again for debt servicing not to mention the renegotiation of the Petro-Caribe debt buy back which in 25 years may end up costing us more despite the present reprieve.

Then comes the Foreign Affairs, previously Justice Minister and senate leader A. J. Nicholson riding the CCJ buggery referendum train as exacted on Friday

“This referendum business, you know, it is full time that we get out of it. You know why? I hear coming from some quarters in your (JLP) party that you want an insane proposal, that you want to have a referendum in Jamaica on the issue of buggery! You crazy?” Nicholson asked the Opposition during the debate on the Caribbean Court of Justice Bills.

“You want people running up and down Jamaica on a political platform dealing with homosexuality, you crazy? Look here, let us wake up, man,” Nicholson stated. So the will of the people is a no no for Nicholson but his inconsistency on this matter is also worth recalling.

JLP MP Pearnel Charles (North Central Clarendon) was reported in the press recently as telling supporters that the promise by Prime Minister Portia Simpson Miller on the eve of the 2011 General Election to repeal the buggery law was purely vote catching.

Speaking at a mass rally in Alexandria, St Ann last Sunday night, and Charles said that the JLP would not countenance same-sex marriages.

"This will never happen here, not as long as I am alive," he declared to loud cheers from the crowd. Charles added that he would enlist the church to help him in "the fight".

Essentially the suggested conscience vote on buggery by the PNP and or the push for a rushed ill-prepared society towards a referendum by the JLP is what the LGBT lobbyists and people like me have to contend with. One waits with baited breath how the leadership debates that are scheduled in three tranches will look and sound like and will the question of buggery law reform or referendum as the case may be will come up? With disappearing foreign funding as well in as far as election support such as the last election in 2011 the subject matter at hand may not factor at all. And where oh where is my member of parliament who I have not seen in ages? When the roads where repaired earlier this year albeit with activists and supporters doing the job shabbily the word on the street was too many PNPs live on the avenue (barring the long held feeling the affluence on the strip and the well done houses breeding jealousy of some kind) so we did not deserve any repairs as voters did not do the right thing or voted for the right colour.

Why oh why Mr Holness’s house is coming up for mention as a campaign barb, sigh, I have no idea. That one is way over the top to me and if there is evidence as is implied that Mr Holness got his house or funds via ill-gotten gains then take it to the relevant authorities not on a campaign trail meeting.

see:

Every poor man must build his castle' - Holness defends Beverley Hills mansion (Gleaner)

Phillips hammers at Andrew's house again (Gleaner)

Comrades awestruck as MP calls PNP Chairman Bobby Montague (Observer)

I am conflicted otherwise when I cannot separate my vote in terms of wanting a member of parliament of one political stripe who is performing but the Prime Minister is of another and I want that PM when in essence we are choosing a PM via the present system so we may really need political reform, the automatic selection of the PM via MPs seat success needs to go yah man.

also see:

Political analyst says delay in election not good for party (Observer)

Dawes decries political appointments in health sector (Observer)

Vaz Back With A Vengeance - Firebrand Declares Commitment To JLP (Gleaner)

Peace & tolerance

H

Gay Jamaican plans to return home and enter politics

Norman McKenzie

In case you missed it the first time. As we are in the election season I thought I'd reshare this.

An openly gay man and a supporter of the People’s National Party (PNP) says he hopes to return to Jamaica to enter representational politics.

Norman McKenzie caught up with Loop News to share his political aspirations and his views on the recently concluded anti-gay rally held in Half-Way Tree.

According to McKenzie the general attitude towards the LGBTQ community is changing for the better, and he says Jamaica will get to the point where two men are allowed to get married if theydesire.

“It will take a while but it will happen eventually, once more people get educated and tolerant,” said McKenzie .

When asked about the large opposition to gay rights in the country, particularly the hundreds of Jamaicans who turned out to the anti-gay rally, he responded, “most of the people who attended were from the LGBTQ community, they are just trying to cover it up.”

“Furthermore, nothing substantial will come from that,” added McKenzie.

According to McKenzie, “Jamaica needs more images and examples of loving local same-gender relationships to explode the myths of the fear-mongering evangelicals”.

McKenzie, who is married and hails from East Portland, told Loop’s Denieca Alexia that he ’is ready to change the world’s view of Jamaica as a homophobic place, which forms part of the reason why he wants to enter politics.

“I was just in Jamaica, I returned back to the UK last Sunday. I felt very safe, and I received an overwhelmingly warm welcome even from straight people,” said McKenzie.

However, McKenzie admitted that his experience is not that of every gay person, as he understands that, external factors such as social class, wealth and whether you’re perceived as foreign or not,all affect how people treat you as a member of the LGBTQ community in Jamaica.

McKenzie said that through politics he believes he can help to secure rights for the LGBTQ community and improve attitudes towards the group.

When asked whether PNP leader, Simpson-Miller broke promises as it relates to the removal of the buggery law, McKenzie fired back “she has not left office yet”.

“The promise is not broken, they haven’t gotten to the bottom of the issues just yet but consultations are still pending,” assured McKenzie.

However, McKenzie expressed disappointment on the oppositions party’s , JLP, views on the matter but remains hopeful that they too will ‘get up to the times’ and take a more liberal stance of the issue of gay rights.

McKenzie added that there are really no laws against homosexuals in Jamaica; he said the laws "are just interpreted incorrectly".

Regarding his feelings on the possibility of an election, he thinks it will happen soon, as “ party membership has increased in the last two months and based on the PM’s performance and the party's performance; there is no doubt she will win. It will be a sweep”.

“I am on the edge of my seat, I can’t wait for the PM to fly the gate and blow the trumpet” said McKenzie, as he chuckled.

Norman McKenzie is a solicitor and radio-co-host; he currently resides in the UK.​

The line in the sand for the PNP part 11: Health scandals & leadership matters again

It is no wonder why persons are turned off from the electoral process as evidenced in the poll results recently. I am frazzled if not still befuddled as I scan the lay of the land to make my decision for placing my X on the faithful day.

See previous parts for more:  1, 2, 3, 4, 5, 6 & 7 & 8 & 9 & 10

Sometimes things have a way of coming back to bite administrations especially when they are or were in opposition; remember when Mrs Simpson Miller described the then JLP as an uncaring government? Well it now seems the same adage can apply to the PNP. This ugly business of the Health Ministr(y) (er’s) present scandals in the long line of many for the PNP, Trafigura, Shell Waiver and such.

Dr Bullock Ducasse on the issue

The late in the day apology that lasted some 27 seconds was forced under duress reportedly by the party leader and Prime Minister who seconded a senior government official to visit Dr Ferguson and he coughed it up in response. I had prepared this post and held it in draft yesterday until I saw what was to unfold, I see no reason to change my position any as the last twenty fours the tense press briefing with Dr Marion Bullock Ducasse, Sandrea Falconer et al and the half hearted fake apology from Dr Fenton Ferguson. He claimed he “would never disregard the life of any human being” and explained that he “simply wanted to convey that premature babies are more susceptible to infections”.

“I am before you not only as the minister of health but also a father who couldn’t begin to imagine losing my child. And my niece Shelema was born premature so I personally understand.  I want to express my sympathies to the families affected and apologize to them and all Jamaicans”, the minister said.

At the time of his statement in Parliament, Ferguson said the babies are in fact premature, which results in their immune systems being severely compromised.

Members of the Opposition on Tuesday rejected this explanation with the Opposition Leader Andrew Holness calling for him to resign.

Karl Samuda lashed out at Ferguson, telling him to man up and apologize to the mothers whose babies died of the bacteria in both the Cornwall Regional Hospital and the University Hospital of the West Indies. Unlike Cliff Hughes and others who suggest we must accept the apology but not let him off the hook; he needs to go and why oh why it is only UWHI the focus seems to be on when Cornwall Regional and other rural hospitals and a gag order placed on them; all matters must come through the Ministry of Health.

Frankly Dr Fenton Ferguson MUST be fired, simply put. Where oh where is the so called audit done at the regional health authorities in May 2015 that the goodly minister has placed under lock and key, when it is tax payers money and some grant funding that paid for it. He only gave us a summary in that uncomfortable September 2 press conference. That report should not be the purview or ownership of the Minister and his team including the now arrogant Permanent Secretary Dr Kevin Harvey in whom I am so disappointed as to his performance in this matter. Publish or perish I suppose. He (Ferguson) no longer enjoys the confidence of the public in large measure yet Mrs Miller keeps him there. He continues to serve at Mrs Miller’s pleasure. 

The minister only announced yesterday of a task force being set up yet he knew all this from May 2015 in addition to the warning made by the now vilified Dr Alfred Dawes former President of the Medical Doctors Association of Jamaica MAJ as he showed up the glaring gaps. And we are to believe that nobody told him the minister of the matters arising.

Dr Kevin Harvey permanent secretary used the fear of hospital stigmatization if the report is released to give justification and claimed he was to consult a body of stakeholders for same, to which no answer has come or release of the damning report. Audley Shaw finance spokesperson for the opposition asked the question of the age in this matter to which Ferguson could not respond sensibly. Audley Shaw in parliament October 27 asked:

“I want to ask you directly today was the issue of infectious disease and mortality among premature babies were specifically addressed in the health audit?”

To which Dr Ferguson replied:

“What I would say to you member, I am very clear that in that audit there was mention relative to infection prevention and control, among other things; equipment, pharmaceuticals and other things that I have mentioned in the public space; when I spoke on the audit I said that in my presentation ....... so yes, it spoke to infection control.”

Mr Shaw responded:

“You have not answered my question minister; I’ll ask you again, did the report, the audit make specific reference to babies, premature babies dying, dying as a result of infectious environment, I want to know if the report specifically referred to these deaths?”

Ferguson response:

“That I would have to check, I would never depend upon my brain about a specific question as you have asked; what I will tell you is that I know there was a discussion on, raised about prevention and control of infections; if you so desire that I will not be able to give you that response this afternoon; if you table them I will respond.”

Shaw fires back:

"So you’re privy to an audit which you have refused to make public although it is owned by the public; it is our report and by right that report should be made public; and you made a reference at the press conference about certain conditions that were not appropriate or that could lead to infectious diseases, I recall that; but I want to know, I would like for you minister to tell us specifically did the report speak to the lack of water, soaps, gloves, tissue, hand cleaners, masks, protective clothing and the repeat use of disposables and the fact that surgeons have to be wearing garbage bags; did the report make reference to these issues?”

Ferguson’s response:

“Member from North East Manchester you have had the benefit of having had the report or being told; as the minister I have the responsibility that if I am going to answer questions as you have posed I would much prefer if you were to table them..”

So we are to accept that dodging attempt by the goodly minister because Mr Shaw has had the benefit of seeing the report so he must not ask questions, the lunacy of this minister. He seems to forget he HAS the report and is wifing it up. And he did not take it to parliament via some device as is customary these days as MPs can be seen even during debates business tapping away or even talking on smartphones. And then the it wasn’t me stance on October 16, didn’t the minister even read the report in the first place so that answers can roll off his tongue when pressed on such an important matter as it consumes him. If the matter of the infections is in the report then he have lied to us bearing in mind he has the report from August; and is this the reason why the report has not been made public?

What is so damning in this report that it cannot be made public?

Gleaner: Public Defender Subpoenas UHWI Heads Over Dead Babies

I am angered by this as the leader of the PNP whose political career is mostly founded on being in touch with the people as it were and Mama P hence the name for her has thrived despite the shark infested political waters. See from the Observer: Where is the real Portia Lucretia Simpson Miller? and We need a transformational leader, but is it Holness? But can I vote for a JLP who also is showing up their poor management of issues and performance in the upper house in the present CCJ impasse? 

also see: CCJ Debate Continues Today...Sanction Against Malahoo Forte To Be Lifted (Gleaner) and Nicholson urges removal of ban on Malahoo Forte

What has the Prime Minister done since the story broke or where is the passion she once displayed for children or has she even read the audit? Has she forgotten the speech she made at the last PNP conference in Kingston? yet she has gone silent (barring laryngitis claims) Mrs Simpson Miller seems not in charge of her ministers, when one can see the Finance Minister making announcements on elections when that has usually been the purview of the leader or PM. After ten days she broke her silence on such a serious public matter she addressed it for 73 seconds. She said:

“Mr Speaker, I am sure that all of us in this honourable house on both sides would have a feeling of sadness for what happened with the children; I hope that a system would be put in place that this will never happen again; I want to extend sympathies to members of the family, I hope that the Ministry of Health and the minister will look at the present system to see what needs to be done that what happened will never ever happen again; our children are our future and we have a responsibility to ensure the protection of our children, the future leaders.”

I am not a big fan of Olivia ‘Babsy’ Grange but she stood up and reminded the house that it is no laughing matter and that lives were lost, for that I give her some credit but she needs to do more work in her constituency. Ms Grange’s intervention came after a distasteful joke about the cousin of the PM who sits on the JLP side Everald Warmington, reference to Dr Ferguson being her ‘son’ and Pernel Charles’ response where he said thank God he was not born premature. Seems the uncaring nature runs in all sides. The PM does not seems to understand her mandate or power to hire and fire not to hope but to direct, issue instructions and get things done; but as I have said before she was never PM material from the onset, nice personality yes but she does not have the skills for that level of management. As PM she should not be telling us “I hope” there is no room for aspirational crap here, this could never happen to previous Prime Ministers especially P. J. Patterson or Bruce Golding or older ones as Edward Seaga. Mrs Miller bailed out Dr Ferguson during the Chik-V debacle and now here is again with a bougie and she still protects or preserves him. As for the resignations at University of the West Indies hospital UWHI denied by the board chair is dubious to say the least.

Dr Ferguson must also remember his stance when in opposition as played on Nationwide yesterday and the day before when foot and mouth challenges befell the JLP government. Now he finds himself in the driver’s seat with the same stance from the present opposition. Then comes the dismissal by Dr Ferguson in parliament under pressure from the opposition by suggesting the babies were not real babies and would not matter anyway, he described them as neonates in other words they are not babies in the real sense. According to the US National Library of Medicine they defined neonates as a baby who is four weeks old or younger, it continued that a neonate is also called a newborn; Dr Ferguson shows his callousness and uncaring nature and that of his team. How insulting to the mothers and family who lost a baby as if to suggest their child’s life is worth nothing. This is not the stoneage periods where there were no technologies that can help premature babies overcome the early stages of growth.

Dr Ferguson despite his calls repeatedly on buggery law reform for purposes of HIV prevention and interventions but he is not irreplaceable. Sensible Health Ministers be they pro or against homosexuality does not have room for opposing such moves. So Ferguson can go as far as I am concerned.

CCJ debate matters

So the about face by the Justice Minister with respect to Mrs Malahoo Forte’s suspension from the house he has now arrived at a place where he wishes the suspension discontinued though it is left up to the President of the Senate; since he has finally contacted the secretariat of the Privy Council and requested and received a copy of the controversial letter that has caused the firestorm, why didn’t the minister do that when it was first raised by Mrs Forte and save us the grief of all of this in the first place?

Is Mrs Forte being targeted for her stridency as opposition spokesperson on Health and targeting the Health Minister in her new role? Given she was the Foreign Affairs Minister under the JLP and a previous resident magistrate judge.

Announcements and more announcements

Charisma announced investments for hotel rooms (over 10 years though); Another one linked to the logistics hub and the LMG project but will these announcements materialize and business confidence on paper looks optimistic but we have heard that before. If there is a change of government will the JLP continue the workable tenets or will we have a start from scratch and ditch workable plans as discarded knowledge? The string of announcements according to some sceptics seems as part of the election ploy and then the real jobs do not materialize. Remember the (Kronk &) Anchor Finance aka Crown n Anchor (a takeoff of the gambling street side game) MOU and it turned out to be a farce; yet that died right before our eyes and numerous other project announcements. Good news for Spanish Town as far as the freezone but I recall the rice factory now turned bus terminus and the present crime situation and will jobs automatically convert get rich quick lazy twenty somethings to working class citizens? I am not convinced as we have been burnt before and announcements made then nothing in effect. I am not too celebratory.

We are in a crisis of leadership but who among the bad eggs are we to choose from?

finally a flashback joke of sorts in this G2K:

Looks like Portia turned down the ting too much that it is causing her her present troubles.

Until next time.

Peace & tolerance

H