Do you think the Buggery Law should be?

The Safe House Homeless LGBTQ 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 LGBTQ youth in 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, October 23, 2009

Ugandan coalition speaks out on Anti-Homosexuality Bill

Here is the statement:

Anti-Homosexuality or Anti-Human Rights Bill?
Statement from the Civil Society Coalition on Human Rights and Constitutional Law
Hon. Bahati's Anti-Homosexuality Bill which was tabled in Parliament on October 14, 2009, and is currently before the Legal and Parliamentary Affairs Committee of Parliament covers much more than the title alone proclaims. A much better title for this bill would have been the 'Anti Civil Society Bill, the 'Anti Public Health Bill,' or the 'Anti-Constitution Bill.' Perhaps more simply it should be called the Anti Human Rights Bill. As a matter of fact, this bill represents one of the most serious attacks to date on the 1995 Constitution and on the key human rights protections enshrined in the Constitution including:

Article 20: Fundamental rights and freedoms are inherent and not granted by the State
Article 21: Right to Equality and Freedom from discrimination
Article 22: The Right to Life (the death penalty provisions)
Article 27: The Right to Privacy
Article 29: Right to freedom of conscience, expression, movement, religion, assembly and association (this includes freedom of speech, Academic freedom and media freedom)
Article 30: Right to Education
Article 32: Affirmative Action in favour of marginalised groups and
Article 36 on the Rights of Minorities

Let us think for a moment of who-quite apart from the homosexuals it claims as its target-this bill puts at risk:

- any parent who does not denounce their lesbian daughter or gay son to the authorities: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years;

- any teacher who does not report a lesbian or gay pupil to the authorities within 24 hours: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years in prison;

- any landlord or landlady who happens to give housing to a suspected homosexual risks seven years of imprisonment;

- any Local Council I - V Chairperson or Executive member who does not denounce somebody accused of same-sex attraction or activity risks imprisonment or a heavy fine;

- any medical doctor who seeks to prevent the spread of HIV/AIDS through working with what are known as most at risk populations, risks her or his career;

- all civil society leaders, whether in a Community Based Organisation, NGO, or academic institution; if their organisations seek to have a comprehensive position on sexual and reproductive health, they risk seeing their organisations closed down;

- any human rights activist who seeks to promote an understanding of the indivisibility and inalienability of human rights would be judged to be promoting homosexuals and homosexuality, and be punished accordingly;

- any religious leader who seeks to provide guidance and counselling to people who are unsure of their sexuality, would be regarded as promoting homosexuality and punished accordingly;

- any Member of Parliament or other public figure who is sent a pornographic article, picture or video will become vulnerable to blackmail and witch-hunts;

- any media house that publishes 'pornographic' materials risks losing its certificate of registration and the editor will be liable to seven years in jail;

- any internet café operator who fails to prevent a customer from accessing a pornographic website, or a dating site, could be accused of 'participating in the production, procuring, marketing, broadcasting, disseminating and publishing of pornographic materials for purposes of promoting homosexuality'; their business licence could be revoked and they themselves could land in prison.

- any Person alleged to be a homosexual is at risk of LIFE IMPRISONMENT and, in some circumstances, the DEATH PENALTY.

In short, this bill targets everybody, and involves everybody: it cannot be implemented without making every citizen spy on his or her neighbours. The last time this was done was in the Amin era, where everyone very quickly became an 'enemy of the state'. It amounts to a direct invasion of our homes, and will promote blackmail, false accusations and outright intimidation of certain members of the population. Do Ugandans really want to mimic the practices of the Khartoum regime? Have we already forgotten the sex police of Apartheid South Africa, who smashed their way into people's bedrooms in an attempt to prevent inter-racial sex?

As Civil Society organisations we condemn all predatory sexual acts (hetero or homosexual) that violate the rights of vulnerable sections of our society such as minors and people with disabilities. However, the Bill lumps "aggravated homosexuality" together with sexual acts between consenting adults in order to whip up sentiments of fear and hatred aimed at isolating sexual minorities. By so doing, the state fails in its duty to protect all its citizens without discrimination.

The bill also asserts Extra Territorial jurisdiction. In other words, all of the offences covered by the bill can be applied to a Ugandan citizen or permanent resident who allegedly commits them outside the country. Thus homosexuality and/or its 'promotion' are added to the very short list of offences which fall in the 'political offences' category. It joins treason, misprision of treason, and terrorism as offences subject to extra-territorial jurisdiction. Clearly, this is out of all proportion in relation to the gravity of the act.

On top of these day-to-day considerations about everybody's safety and security, let us consider what this bill will do for civil society organisations in Uganda which seek to have a critical voice and to engage in issues of global concern. One of the objectives of the bill is to prohibit the licensing of organizations which allegedly 'promote homosexuality.' Thus, for example, any organisation which talked about anal sex as part of a campaign of HIV prevention can be affected. Had this bill been in place earlier this year, no Ugandan could have participated in the World AIDS meeting held in Mexico to discuss HIV prevention.

And what about our standing in the eyes of the world? The Bill calls for Uganda to nullify any international treaties, protocols, declarations and conventions which are believed to be 'contradictory to the spirit and provisions' of the bill. In reality, this would involve Uganda withdrawing from:

The Universal Declaration of Human Rights;
The International Covenant on Civil and Political Rights and its protocols;
The International Covenant on Economic, Social and Cultural Rights;
The Convention on the Elimination of all Forms of Discrimination Against Women;
The Convention on the Rights of the Child, and
The African Charter on Human and Peoples' Rights


We note that Uganda is current Chair of the UN Security Council which operates with the UN Charter and UDHR as guiding principles. It is also current Chair of the Commonwealth and a signatory to the African Union's Constitutive Act which has as its premise the promotion and respect of human rights. In 2009 and 2010 it is hosting AU Summits. What will happen to Uganda's hard-won role on the global stage if it nullifies its international and regional humanrights commitments? Uganda cannot wish away core human rights principles of dignity, equality and non-discrimination, and all Ugandans will pay a heavy price if this bill is enacted.

We will have bargained away our hard-earned rights and freedoms as well as our right to challenge the State and hold it accountable for the protection of these rights. In sum, the Bahati Bill is profoundly unconstitutional. It is a major stumbling block to the development of a vibrant human rights movement in Uganda, and a serious threat to Uganda's developing democratic status. If passed, this law would not only prove difficult to implement, it would also consume resources and attention which would be better directed at more pressing issues of human rights abuse, corruption, electoral reform, domestic relations and freedom of the press.

Regardless of our personal moral beliefs and values, we the undersigned organisations are standing up in defence of Democracy, our Constitution and its enshrined principles of human dignity, equality, freedom and justice for all.

Kampala, 23 October 2009

African Women's Development Fund (AWDF)
Akina Mama wa Afrika (AMwA)
Advocates for Public International Law in Uganda (APILU)
Center for Land Economy and Rights of Women (CLEAR-Uganda)
Centre for Women in Governance (CEWIGO)
Development Network of Indigenous Voluntary Associations (DENIVA)
East & Horn of Africa Human Rights Defenders Project
Uganda Association of Women Lawyers (FIDA-U)
Forum for Women in Democracy (FOWODE)
Human Rights Awareness & Promotion Forum
Human Rights & Peace Centre (HURIPEC), Faculty of Law, Makerere University
Integrity Uganda
International Refugee Rights Initiative
Mentoring and Empowerment Programme for Young Women (MEMPROW)
MIFUMI Project
National Association of Women's Organisations in Uganda (NAWOU)
National Coalition of Women Living with HIV/AIDS (NACWOLA)
Refugee Law Project (RLP), Faculty of Law, Makerere University
National Guidance & Empowerment Network of People Living with HIV/AIDS (NGEN+)
Spectrum Uganda
Uganda Feminist Forum
• Women's Organisation & Network for Human Rights Advocacy (WONETHA)

For further information please contact the coalition at kalendenator@gmail.com

1 comment:

Anonymous said...

This is my favourite paragraph:
Any parent who does not denounce their lesbian daughter or gay son to the authorities: Failure to do so s/he will be fined 5,000,000 shillings (however much that is; sounds a lot) or put away for three years.

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Promised conscience vote was a fluke from the PNP ........



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I knew from then that as existed before even under the previous PM P. J. Patterson (often thought to be gay by the public) also danced around the issue as this could mean votes and loss of political power. Mrs Simpson Miller in the meantime was awarded a political consultants' democracy medal as their conference concludes in Antigua.


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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 or lgbtevent@gmail.com



Activities & Plans: ongoing and future
  • 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

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implementing 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 for your support.

Tel: 1-876-841-2923




Peace

Information & Disclaimer


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 alleged gays in Jamaica.

Faces and names withheld 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 practitioner

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.

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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 or call 1-876-841-2923

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 outmaneuvering 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 violated. 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

What to do


a. Make a phone call: to a lawyer or relative or anyone

b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council

c. A Duty Council is a lawyer provided by the state

d. Talk to a lawyer before you talk to the police

e. Tell your lawyer if anyone hits you and identify who did so by name and number

f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided

g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence

h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail

i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail

j. Ask that any property taken from you be listed and sealed in your presence

Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:

1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Sexual Health / STDs News From Medical News Today

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.

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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

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THE BEST OF & Recommended Audioposts/Podcasts


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Ethical Professionlism & LGBT Advocates 01.02.12 more HERE


Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11


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Big Lies, Crisis Archiving & More MSM Homlessness Issues 12.07.12


More MSM Challenges July 2012 more sounds HERE


GLBTQ Jamaica 2011 Summary 02.01.12 more HERE


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Lesbian issues left out of the Jamaican advocacy thrust until now?


Club Heavens The Rebirth 12.02.12 and more HERE


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1st Anniversary of Homeless MSM civil disobedience (Aug 23/4) 2012 more HERE


JFLAG's rejection of rowdy homeless msms & the Sept 21st standoff .........


Atheism & Secularism may cloud the struggle for lgbt rights in Jamaica more HERE


Urgent Need to discuss sex & sexuality II and more HERE


MSM Community Displacement Concerns October 2012


The UTECH abuse & related issues


Beenieman's hypocrisy & his fake apology in his own words and more HERE


Guarded about JFLAG's Homeless shelter


Homophobia & homelessness matters for November 2012 ................


Cabinet delays buggery review, says it's not a priority & more ...........................(November 2012) prior to the announcement of the review in parliament in June 2013 More sounds HERE


"Dutty Mind" used in Patois Bible to describe homosexuals


Homeless impatient with agencies over slow progress for promised shelter 2012 More HERE


George Davis Live - Dr Wayne West & Carole Narcisse on JCHS' illogical fear


Homeless MSM Issues in New Kgn Jan 2013 .......


Homeless MSM challenges in Jamaica February 2013 more HERE


JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness 2013


Poor leadership & dithering are reasons for JFLAG & Jamaica AIDS Support’s temporary homelessness May 2013 more HERE


Response To Flagging a Dead Horse Free Speech & Gay Rights 10.06.13




This Day in History