The Safe House 2009 Pilot for LGBTQ Youth Explained & 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

Friday, June 7, 2013

Buggery law conscience vote for parliament soon .......................






Go Jamaica reported 

Buggery law conscience vote for parliament soon


Jerome Reynolds, Staff Reporter

The Minister with responsibility Information Senator Sandrea Falconer (photo above) says the government is to take the matter of the review of the Buggery Law to the parliament shortly.

Senator Falconer told reporters at today’s post-Cabinet press briefing that Prime Minister Portia Simpson Miller remains committed to her promise on the issue.

In the lead up to the General Elections in 2011 Simpson Miller said she would support a conscience vote in the House of Representatives on reviewing the buggery law.

However, the matter was not a priority on the government’s agenda as it sought to secure a deal with the International Monetary Fund.

Senator Falconer said with the IMF deal out of the way effort is underway to address the matter of the buggery law.

Gay right lobby groups have complain that little action has been taken by the government since the prime minister made the announcement.

The Supreme Court is to begin hearing an application by gay rights activist Javed Jaghai on June 25 who is seeking the go ahead to the Constitutional Court to challenge the buggery law.

ENDS

A prominent anti gay attorney-at-law is urging that the conscience vote for the review of the law be done with the views of the members of the constituency taken into consideration, rather than the vote solely being made by the parliamentarians.

Shirley Richards of the Lawyers' Christian Fellowship wants the voting to be done with the views of the constituency and that these votes should be made public.

"They (parliamentarians) shouldn't be voting on their own conscience. They are representing the people. We want to know how the representatives in parliament vote on this issue. The people should know how their representatives vote," she said.

Referendum

Another legal luminary, Bert Samuels, explained that it certainly will be interesting to see how the parliamentarians vote on this issue. He also said that having a referendum on this matter would represent the highest form of democracy.

"I think there will be a toss-up between fundamentalist Christian values on one side and the liberals on another. Having a referendum on this matter would display the highest form of democracy," he said.
Previously I had done this audio as well at the time when Cabinet announced that buggery review was not a priority then in November. A quick turn around it seems, I do not trust these politicians especially when it comes to this most political football item.



Follow this post I had done on the conscience vote regarding the death penalty by another administration in 2008: Some MPs still battling with 'conscience'

Also let us remember when this present administration was in opposition: Opposition sides with Govt on No to same sex marriage on Facebook I commented that "....... interesting that it was not a priority in November all of a sudden now it's coming hmph .......... we need to be careful what we wish for, this conscience vote with an unprepared and uninformed nation as it is and a loud religious section can lead to a no and backfire on us then the same political directorate may feel justified in taking a hands off approach after that whenever the issue of homosexuality is raised again .............. politics!!!!!!!!!! ................. sure way to win the next election given the sluggish economy etc"

 from the Charter of Rights debate under the JLP also see: Gay Marriage - An Invented Issue by the christian right movement

 This could very well go against us if not properly handled and given the strength of the hand of our opponents chiefly the religious voices opposed blindly to homosexuality we need to work on enlightenment and education drives towards what really constitutes homosexuality, work that should have been done by the relevant agencies instead much time was wasted. The odds are against us but we must still have some hope.

 let us backtrack a bit, here was the press release from the PNP clarifying the issue when persons thought the opposition leader Portia Simpson Miller said that buggery would be repealed:



CVM TV @ Sunrise on the Buggery review & JFLAG's 100 day...

LGBT History Month - Buggery law backward said Trevor Munroe

Legalizing buggery provision in the Sexual Offences Bill...

Buggery law backlash - Blair: The church has been sleeping Blair warns review could lead to same-sex marriages

Mark Wignall on Buggery law review promise was a political sham

Backing Down On Buggery? Some Personal Rights Can Be Sacrificed For General Morality ............


former justice Minister (now Foreign Affairs Minister) back in 2006 during the Charter of Rights Debate was captured in this cartoon by Lasmay of the Gleaner.

 more from an old audiopost from :21.12.2011 at the time when the elections were in progress post the leadership debate where she made the review suggestion.

Then also bear in mind the CVM TV Don Anderson poll:

CVM's Don Anderson 2012 Poll on Buggery Review 07.03.12



 here Mrs Simpson Miller sought to clarify her position during the leadership debate leading up to the December 2011 elections:



Finally:
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 ……….."
Has Prime Minister Simpson Miller changed her mind or is evolving as President Obama did and is moving towards having the review done or are there other factors here?

 UPDATE June 10, 2013
JFLAG welcomes review of buggery law

The Jamaica Forum for Lesbians All-Sexuals and Gays, (J-FLAG) has welcomed the government’s announcement, that a conscience vote will be scheduled for the promised review of the buggery law.

J-FLAG says its position on the buggery law has evolved over the years, and it is no longer agitating for a repeal of the law. It says it is instead requesting an amendment to the law, to differentiate between acts which are consensual and those which are not.

The group has made some suggestions as to how section 76 of the Offences Against The Persons Act, could be amended and has also called for clarifications on aspects of section 79.

J-FLAG says, it's open and available to assist parliamentarians with information to act in good faith, in their review of the relevant sections of the statute.

 see: JFLAG Position Statement on Upcoming Conscience Vote...

 they also released these shots in trying to simplify the issue for persons to understand:




Peace and tolerance

 H

 more from the Gleaner HERE and A Senior Rastafarian Opposes the move 

also see: Jamaica Coalition for a Healthy Society, JCHS continued confusion of paedophilia & consenting homosexuality.

UPDATE JUNE 17, 2013
more fear  mongering comes as the Jamaica Observer reported today: Church group plans big anti-gay march next Sunday

Church claims future victimization if buggery is decriminalized in Jamaica
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Aphrodite's P.R.I.D.E Jamaica, APJ launched their website


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)

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

War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?



War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?

A war of words has ensued between gay lawyer (AIDSFREEWORLD) Maurice Tomlinson and anti gay activist Dr Wayne West as both accuse each other of lying or being dishonest, when deception has been neatly employed every now and again by all concerned, here is the post from Dr West's blog

This is laughable to me as both gentleman have broken the ethical lines of advocacy respectively repeatedly especially on HIV/AIDS and on legal matters concerning LGBTQ issues

The evidence is overwhelming readers/listeners, you decide.

Other Entries you can check out

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Homeless MSM Challenges and relationships with agencies overview ........



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 realise the issue he held so dear in his time was treated with such disrespect and dishonour. 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

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.

Popular Posts

RJR - Surprise Yes vote by Ja on Sexual Orientation Removal from Summary Executions Resolution

Beyond the Headlines host Dionne Jackson Miller has Arlene Harrison Henry and Maurice Tonlinson on Human RIghts Day 2012 on the the removal of language in the form of sexual orientation on the Summary Executions UN Resolution - On November 21, 2012, Jamaica voted[1] against resolution A/C.3/67/L.36 at the United Nations condemning extra-judicial, summary or arbitrary executions which urges States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation

Homeless MSM evicted from Cargill Avenue (evening edition)



28/08/12 CVM TV again rebroadcast a story of homeless MSM and the deplorable living conditions coupled with the almost sensationalistic narrative of the alleged commercial sex work the men are involved in. Gay Jamaica Watch has been following this issue since 2009 when the older populations of MSMs who were for the most part displaced due to forced evictions and homo negative issues and their re-displacement by agencies who on the face of it refused to put in place any serious social interventions to assist the men to recovery CLICK HERE for the CLIP

Information, Disclaimer and more

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 theHappenings 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 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:
http://glbtqjamaica.blogspot.com/
http://glbtqja.wordpress.com
Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

contact:
lgbtevent@gmail.com

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
glbtqjamaica@live.com

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

What Human Rights .............

What are Human Rights?

By definition human rights are our inalienable fundamental rights. Inalienable means that which cannot be taken away. So our human rights are bestowed upon us from the moment we are born and, thus we are all entitled to these rights. Because we are entitled to our human rights and they cannot and should not be taken away from us, we as a people must strive to protect them, government should protect them and breaches of our rights should be highlighted and addressed appropriately.

Human rights are the same for everyone irrespective of colour, class or creed, and are applicable at both the national and international level. In Jamaica, our human rights are enshrined in and protected by our Constitution. Internationally, there have been numerous laws and treaties enacted specifically for the protection of human rights.

Milestone document

Most notably of these is the Universal Declaration of Human Rights. This declaration is seen as a milestone document in the history of human rights. It was proclaimed by the United Nations, in 1948, as a common standard of achievements for all nations, and sets out the fundamental human rights to be universally recognised and protected.

The Declaration sets out the following rights:

All human beings are born free and equal in dignity and rights.

Everyone has the right to life, liberty and security of person.

No one shall be held in slavery or servitude.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Equality before the law

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

No one shall be subjected to arbitrary arrest, detention or exile.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Everyone has the right to freedom of movement

Everyone has the right to a nationality.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Everyone has the right to freedom of thought, conscience and religion

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government;

Everyone has the right to education.

Everyone is entitled to all the rights and freedoms, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.