Do you think the Buggery Law should be?

The Safe House Homeless MSM Project 2009 a detailed look & 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 men in Kingston in 2007/8/9, a review of the relevance of the project and 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

Thursday, December 18, 2008

This Alien Legacy HRW Report 2008

0 comments
The Origins of "Sodomy" Laws in British Colonialism

Download full report (PDF, 273.01 KB)

Download full report with cover (PDF, 493.63 KB)

Purchase a printed version of this report

This 66-page report describes how laws in over three dozen countries, from India to Uganda and from Nigeria to Papua New Guinea, derive from a single law on homosexual conduct that British colonial rulers imposed on India in 1860. This year, the High Court in Delhi ended hearings in a years-long case seeking to decriminalize homosexual conduct there. A ruling in the landmark case is expected soon.

Table of Contents
This Alien Legacy
I. Introduction
II. "Sodomy," Colonialism, and Codification
III. Colonial Power on the Street and over the Body
IV. Interpreting Sodomy Laws: The Scope Expands
V. Conclusion: The Emancipatory Potential of Decriminalization
Recommendations
Acknowledgements



(FLASHBACK)
Hated to Death, November 15, 2004
Homophobia, Violence, and Jamaica’s HIV/AIDS Epidemic


Get the Report
Download this report (PDF, 480.9 KB)
Purchase this report


Table of Contents
Hated to Death:
Glossary of Key Terms
A Note on Jamaican language
I.SUMMARY
II. RECOMMENDATIONS
III. METHODS
IV. BACKGROUND
V.FINDINGS OF HUMAN RIGHTS WATCH'S INVESTIGATION
VI. GOVERNMENT RESPONSE
VII. REGIONAL EFFORTS TO ADDRESS HIV/AIDS
VIII. LEGAL STANDARDS
IX. CONCLUSION
Acknowledgments
Appendix

Three Gay Asylum Losses (2 Jamaican Gays loose Asylum Appeal)

0 comments
By: ARTHUR S. LEONARD
12/18/2008

Three gay men eager to remain in the United States struck out before separate federal circuit court panels in early December. A gay Indonesian had failed to raise issues about his homosexuality early enough in his efforts to stay, ruled the 5th Circuit, based in Houston. Two gay Jamaicans, both of whom ran afoul of the law while in the US, fell short of proving they would be tortured if deported to their homeland, according to the 4th Circuit, based in Richmond, and the 11th Circuit, based in Atlanta.

Because the gay men in these cases will be returned to countries where they may be subjected to attack for their sexual orientation, Gay City News will not publish their names. The brief December 1 ruling concerning the Indonesian man does not mention whether he was represented by a lawyer, but that seems unlikely, considering the shortcomings of his case. The court was considering a motion by the man to have his case returned to the Justice Department's Board of Immigration Appeals (BIA) for reconsideration, on the ground that he wanted to present new evidence to the Immigration Judge that he was gay. Typically, new evidence is considered information not available at the time of the original hearing that might have changed the outcome.
In this case, the man claims, that in raising his homosexuality only at this point in the proceedings, "he had a good explanation for not doing so at his hearing due to cultural taboos and his lack of knowledge that information was relevant." He also claimed that at the time "he did not know his sexual orientation," but "came out" only later.The court was not sympathetic, stating that his "allegation regarding cultural taboos and his lack of knowledge of the relevance of his sexual orientation" explains why he did not present the evidence, but "it does not show that he could not have presented the evidence," which it said is the standard that applies. The court also pointed out that he first contended he did not know he was gay during his original hearing in a brief that he filed with the court of appeals. Under the rules governing these proceedings, an argument cannot be raised for the first time when the case gets to federal court. Since he "did not raise this claim before the BIA, this court does not have jurisdiction to consider it," wrote the court.
In the Jamaican case heard in Richmond, decided on December 3, the petitioner had gained lawful permanent resident status in the US in 1987, but was ordered deported in 1998 by an Immigration Judge due to criminal activity. However, he quickly reentered the USÂ illegally and in 2004 was arrested and convicted of drug trafficking, using a firearm, and illegally reentering the US. He was again ordered deported, but this time he raised the issue of his homosexuality, claiming that he feared persecution or torture if sent back to Jamaica. Appearing before an Immigration Judge, the man's case was bolstered by a 2005 State Department Country Report on Jamaica documenting problems gay men encounter in that intensely homophobic society, including "reports of physical abuse of homosexual prisoners." The petitioner recounted being assaulted by a mob, and his sister testified that neighbors had killed the petitioner's father because of his relationship to his son.
The Immigration Judge found the petitioner eligible for protection under the international Convention Against Torture, concluding he was more likely than not at risk of being imprisoned and tortured for homosexual acts if returned to Jamaica.The man's luck did not last. The Department of Homeland Security appealed his case to the Board of Immigration Appeals, which reversed, finding that the conclusion he faced torture was "based on a series of unsupported suppositions." The BIA concluded it was "not more likely than not that 'any torture the applicant may suffer in Jamaica would be by or at the acquiescence of the government.'" The immigration system offers protection to refugees who suffer from public and publicly-sanctioned abuse, but not atrocities carried out strictly by private citizens.
The petitioner unsuccessfully appealed this ruling to the 4th Circuit in 2007, and the Supreme Court denied his application for review early this year. On the verge of deportation, the petitioner, seizing on a recent BIA ruling in another case involving a gay Jamaican, sought to reopen his case there, but he was denied because his appeal was not timely. He again appealed to the 4th Circuit, but in its latest ruling that court found that Congress's crackdown on non-citizens who engage in serious criminal activity sharply limits its jurisdiction in such cases. The court wrote that it can only review "constitutional and legal questions" at issue, while the petitioner was instead raising an argument based on a more recent precedent that he saw as advantageous. So, even though the BIA has accepted the argument that conditions for gay men in Jamaica are serious enough to warrant letting gay refugees from there stay in the US, the petitioner in this case was too late to benefit. The other gay Jamaican case, decided by the 11th Circuit on December 4, takes a different view of the evidence about dangers facing gay men in Jamaica.
The petitioner entered the US as a legal permanent resident in 1992 as a child accompanying his mother, who was was naturalized as a citizen in 1999. By then, he had already turned 18, so he did not automatically become a citizen as well.The man was later convicted of a felony and sentenced to 18 months in prison for stabbing a man with whom he was living, though it is not clear on whether the victim was his partner, a roommate, or just a short-term visitor. The initial proceedings to deport him were conducted by telephone because he was in prison, and when the Immigration Judge advised him to get an attorney, he responded he "would like to speak on my own behalf," usually a mistake.
He admitted he had been convicted of aggravated battery with a deadly weapon, and that he had also been arrested for prostitution. A criminal conviction of a non-citizen on serious charges subjects him to deportation and disqualifies him from being granted asylum. However, protection under the Convention Against Torture is available if he can show it is likely he would be subjected to torture in his home country. The Immigration Judge, the BIA, and ultimately the circuit court decided that the petitioner had not met this burden, despite presenting the same sort of evidence that has proved persuasive in some other cases. Part of the problem is that the wording of the State Department's Country Reports on Jamaica varies from year to year, and has never stated unequivocally that gays are specifically targeted for torture by the government.
The most recent report indicates that the government prosecuted somebody for murdering a gay rights activist, and that a prison warden in Jamaica had taken steps to separate gay prisoners from the others in order to protect them from attacks by homophobic prisoners. The Immigration Judge found that the petitioner had a legitimate fear of being discriminated against and possibly harmed by other citizens if returned to Jamaica, but that there was "no hard evidence" that the government "condoned or turned a blind eye or participated in such conduct." The BIA backed up that conclusion, as did the federal circuit court.

Tuesday, December 16, 2008

Jamaican gays heartened by resolution before UN

0 comments
THE United Nations last week heard a proposed resolution for the universal decriminalisation of homosexuality, prompting optimism among the local gay community at the prospect of having buggery struck from the law books.
"Such a move is welcomed as many nation states, including Jamaica, criminalise homosexual activity between consenting adults. The criminal provisions against consenting same-sex practices are a legal absurdity as these so-called crimes have no victims," said the Jamaica Forum for Lesbians, All-sexuals and Gays (J-FLAG), in a statement prepared in response to Observer queries.

But it is anyone's guess whether Jamaica will support the proposal, once it gets to the stage where it is to be voted on.
Prime Minister Bruce Golding was unavailable for comment on the issue last week, while Foreign Affairs Minister Dr Ken Baugh could not be reached for a response yesterday.


Golding, ahead of the general elections last year, came out strongly against homosexuality in an interview with this newspaper's flagship publication, the Sunday Observer. "Let us be very clear.
There are some countries that are prepared to overturn tradition and culture in the interest of what they regard as individual freedoms and to do so at the instance of the homosexual fraternity, which comprises a minority in the population. You will find this pretty prevalent in Europe. We (the JLP) are not prepared to go in that direction," he said then. "We intend to uphold the laws of the country."


In a May 20 interview with the BBC's talk show HARDtalk this year, Golding said he would not allow homosexuals in his Cabinet.In the meantime, sociologist Dr Orville Taylor said it was time for Jamaica to decriminalise homosexuality. The existing law, he said, was biased against male homosexuals since there was no provision for the punishment of females caught having sex with other females. In addition, he said the law was not being effectively policed anyway, as evidenced by the few men who have been charged for buggery in recent years.
"Ask the question how many adult men in recent times have been caught having homosexual sex at home. It means that it (buggery) has been de-facto legalised for a long time. If government was really serious about enforcing the buggery law, they would raid the homes of their friends who they know are gay," Taylor said.


He added: "Governments really don't want to enforce the law because too much money and power and influence is involved. It is nothing about Christianity."
But he said that the decriminalisation of buggery would not equate to support for same-sex relationships.
".I don't think you are compromising your morals because we are not saying we approve of it, it is just that it is not one of the things that people should go to jail for," Taylor told the Observer. "There is a hell of a difference between saying you are advocating a certain lifestyle and saying 'low them mek dem live how dem waan live'."At the same time, the sociologist said it would be useful to consider the economic implications if Jamaica refused to decriminalise buggery. Already, he said, Jamaica's relations with the European Union has been affected by the death penalty vote.
Said Taylor: "There are trade and aid issues (that will arise). We don't live in a world by ourselves and in this economic crisis you want to have as few economic enemies as possible. The question we must ask ourselves is: What do we lose as a society if we legally allow these people to (live the way they choose)?" asked Taylor.


France, which put forward the initiative for the universal decriminalisation of homosexuality on Human Rights Day last Wednesday, is to submit a draft of the proposal at the UN General Assembly this week.
"Opposition to universal decriminalisation is strong and led by an alliance of the Vatican and Islamic governments. It will undoubtedly take several years to achieve support from a majority of the United Nations," said a December 11 editorial in Gay City News, which is reputed to be the United States' largest circulation lesbian and gay newspaper. "But next (this) week's unveiling of declaration with such widespread international support is a giant first step toward the day when the world community will finally declare that sexual minorities should be free to live as they wish without threat of imprisonment or death," said the newspaper.


BY PETRE WILLIAMS - Environment editor williamsp@jamaicaobserver.com

Monday, December 15, 2008

JFLAG ...... In Gratitude (10th Anniversary & More) 2008

0 comments
from JFLAG
We wholeheartedly like to thank all our well wishers and supporters for your kind words over the past week as we celebrated our decade of existence in the struggle for LGBT tolerance here in Jamaica on December 10, the same day as World Human Rights Day.
We are looking forward to your continued presence as we strive for a better jamdown for peace and tolerance. The boxes upon boxes of greeting cards already in the season show us that you care and we are grateful, make no mistake about it.
All the best for the season as well and tuck in a love gift for us to remain active.
Thanks and peace be with you.
Admin
Related Posts with Thumbnails

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.


Urgent Need to discuss sex & sexuality II

Following a cowardly decision by the Minister(try) of Education to withdraw an all important Health Family Life, HFLE Manual on sex and sexuality I examine the possible reasons why we have the homo-negative challenges on the backdrop of a missing multi-generational understanding of sexuality and the focus on sexual reproductive activity in the curriculum.

Calls for Tourism Boycotts are Nonsensical at This Time




(2014 protests New York)


Calling for boycotts by overseas based Jamaican advocates who for the most part are not in touch with our present realities in a real way and do not understand the implications of such calls can only seek to make matters worse than assisting in the struggle, we must learn from, the present economic climate of austerity & tense calm makes it even more sensible that persons be cautious, will these groups assist when there is fallout?, previous experiences from such calls made in 2008 and 2009 and the near diplomatic nightmare that missed us; especially owing to the fact that many of the victims used in the public advocacy of violence were not actual homophobic cases which just makes the ethics of advocacy far less credible than it ought to be.


See more explained HERE from a previous post following the Queen Ifrica matter and how it was mishandled


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.

Some Popular Posts

Are you ready to fight for gay rights and freedoms?? (multiple answers are allowed)

Do you think effeminate men put themselves at risk by being "real" in public?

Did U Find This Blog Informative???

Blog Roll

What do you think is the most important area of HIV treatment research today?

Do you think Lesbians could use their tolerance advantage to help push for gay rights in Jamaica??

Violence and venom force gay Jamaicans to hide

Violence and venom force gay Jamaicans to hide a 2009 Word focus report where the history of the major explosion of homeless MSM occurred and references to the party DVD that was leaked to the bootleg market which exposed many unsuspecting patrons to the public (3:59), also the caustic remarks made by former member of Parliament in the then JLP administration. The agencies at the time were also highlighted and the homo negative and homophobic violence met by ordinary Jamaican same gender loving men. The late founder of the CVC, former ED of JASL and JFLAG Dr. Robert Carr was also interviewed. At 4:42 that MSM was still homeless to 2012 but has managed to eek out a living but being ever so cautious as his face is recognizable from the exposed party DVD, he has been slowly making his way to recovery despite the very slow pace

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




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

Tel: 1-876-8134942
lgbtevent@gmail.com








Peace

Information & Disclaimer

lgbtevent@gmail.com

Individuals who are mentioned or whose photographs appear on this site are not necessarily Homosexual, HIV positive or have AIDS.

This blog contains pictures that may be disturbing. We have taken the liberty to present these images as evidence of the numerous accounts of homophobic violence meted out to alledged gays in Jamaica.

Faces and names witheld for the victims' protection.

This blog not only watches and covers LGBTQ issues in Jamaica and elsewhere but also general human rights and current affairs where applicable.

This blog contains HIV prevention messages that may not be appropriate for all audiences.

If you are not seeking such information or may be offended by such materials, please view labels, post list or exit.

Since HIV infection is spread primarily through sexual practices or by sharing needles, prevention messages and programs may address these topics.

This blog is not designed to provide medical care, if you are ill, please seek medical advice from a licensed practioner

Thanks so much for your kind donations and thoughts.

As for some posts, they contain enclosure links to articles, blogs and or sites for your perusal, 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.


Recent Homophobic Incidents
CLICK HERE for related posts/labels and HERE from the gayjamaicawatch's BLOG containing information I am aware of. If you know of any such reports or incidents please contact lgbtevent@gmail.com

Peace to you and be safe out there.

Love.

What to do if you are attacked (News You Can Use)

First, be calm: Do not panic; it may be very difficult to maintain composure if attacked but this is important.

Try to reason with the attacker: Establish communication with the person. This takes a lot of courage. However, a conversation may change the intention of an attacker.

Do not try anything foolish: If you know outmanoeuvring the attacker is impossible, do not try it.

Do not appear to be afraid: Look the attacker in the eye and demonstrate that you are not fearful.

This may have a psychological effect on the individual.

Emergency numbers
The police 119

Kingfish 811

Crime Stop 311


Steps to Take When Contronted or Arrested by Police

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 tensed) 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 violatedi) 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

Sexual Health / STDs News From Medical News Today

This Day in History

Labels