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

Tuesday, December 14, 2010

Landmark Kenyan Intersexed Case .... "third gender" application to the statutes rejected

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A landmark court case filed by Richard Muasya, an intersex person, has been decided by Kenyan High Court judges Hannah Okwengu, Ruth Sitati and George Dulu. Richard Muasya has been awarded Sh500,000 for the inhuman and degrading treatment he experienced at Kamiti Maximum Prison. His request to have a third gender introduced into Kenya’s books of statutes has been rejected. …

MEDIA commentary throughout the trial has focused on religious arguments that instituting a “third sex” or “third gender” will somehow open the floodgates to homosexuality in Kenya.


According to his testimony, Richard Muasya has experienced lifelong persecution simply for being born intersex – such persecution is motivated by the fear that the person in question has somehow been born with a body that is intrinsically homosexual. As a result he was refused a birth certificate and other official documentation throughout his life, making it impossible to live as a normal human being.
Besides the homophobic argument against an official third sex or gender – OII Australia believes that such constructs are not useful to intersex people anyway – the other argument against Muasya is that intersex does not exist in Kenya and that he is the only one in the country.

If that is the case, the Kenya is surely unique among all the world’s nations. In reality, intersex people exist in every nation and in far higher numbers that are commonly believed.

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
PETITION NO.705 OF 2007
IN THE MATTER OF SECTION 84(1) OF THE CONSTITUTION OF
KENYA
AND
IN THE MATTER OF ALLEGED CONTRAVENTION OF
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
UNDER SECTIONS 74(1), 77(1), 82(1), (3) AND (8) OF THE
CONSTITUTION OF KENYA AND BREACHES OF SECTIONS 28,
30, 31 AND 38 OF THE PRISONS ACT CAP 90, RULES 25(1),
103 AND 104 OF THE PRISONS RULES, SECTION 2B AND 7 OF
THE BIRTHS AND DEATHS REGISTRATION
ACT CAP 149
BETWEEN
RICHARD MUASYA………………............PETITIONER/APPLICANT
VERSUS
THE HON. ATTORNEY GENERAL………….........1ST RESPONDENT
(Being sued on his own behalf)
THE COMMISSIONER OF PRISONS……………...2ND RESPONDENT
THE COMMISSIONER OF POLICE……………….3RD RESPONDENT
THE REGISTRAR OF BIRTHS AND DEATHS…4TH RESPONDENT
HON. EVANS K. MAKORI MAGISTRATE………..5TH RESPONDENT
AND
THE KENYA HUMAN RIGHTS COMMISSION………………………………………..1ST AMICUS CURIAE
THE KENYA GAY AND LESBIAN TRUST……2ND AMICUS CURIAE
KENYA NATIONAL COMMISSION FOR
HUMAN RIGHTS…………………………............3RD AMICUS CURIAE
THE LEGAL RESOURCES
FOUNDATION (LRF)……………………1ST INTERESTED PARTY
THE CHILDREN’S RIGHTS ADVISORY
DOCUMENTATION LEGAL
EDUCATION FOUNDATION (CRADLE).2ND INTERESTED PARTY
KITUO CHA SHERIA LEGAL ADVICE
CENTRE………………………………………3RD INTERESTED PARTY
CENTRE FOR RIGHTS, EDUCATION AND
AWARENENSS FOR WOMEN
(CREAW)………………………………………4TH INTERESTED PARTY
KENYA CHRISTIAN LAWYERS
FELLOWSHIP………………………………5TH INTERESTED PARTY

ARGUMENTS IN FAVOUR OF THE PETITION:
Petitioner’s Submissions
15. Mr. Chigiti who argued the petition on behalf of the petitioner, submitted that the petitioner being a person who because of a genetic condition was born with reproductive organs or chromosomes that were not exclusively male or female is an intersexual. Noting that there was no legal definition of an intersex in Kenyan Law, he referred the court to the definition in “The Judicial Matters Amendment Bill, 2005 of South Africa,” which proposed to amend the Promotion of Equality and Prevention of Unfair Discrimination Act 2000 (PEPUDA), by introducing a definition of intersex as follows: Intersex means congenital physical sexual differentiation which is atypical to whatever degree. This definition is already included in Section 1of the South African “Alteration of Sex Description and Sex Status Act No.49 of 2003.” Reference was also made to “The Legislation Act 2001” of Australia, which defines an intersex as “a person who because of a genetic condition was born with reproductive organs or sex chromosomes that are not exclusively male or female”.

16. Our attention was drawn to the medical report prepared by Dr. Nyakeri a Medical Officer at Kamiti Prison. This report showed that the petitioner had undeveloped male and female sexual organs, and had male hermaphroditism. It was submitted that in terms of the above referred to definitions, the petitioner was an intersex, the term hermaphrodite being no longer in use. It was argued that as an intersex person, the petitioner has no legal recognition before the law. This is evident in the Births and Deaths Registration Act, Cap 149 Laws of Kenya which makes no mention or reference to intersex. As a result of such omission, the petitioner(and others like him), are not treated equally before the law.
17. An issue was taken with Section 7 of the Births and Deaths Registration Act, which requires every birth to be registered and “prescribed particulars” to be maintained, and Section 2 of the same Act which defines“prescribed particulars” to mean:
“(a) as to any birth, the name, sex, date and place of birth, and the names,residence, occupation and nationality of the parents;
(b) as to any death, the name, age, sex, residence, occupation, and nationality of the deceased, and the date, place and cause of death ---”

18. It was pointed out that in line with the above definition, the forms provided in the schedule in the Births and Deaths Registration Act, made provision for only two check boxes for “male” or “female”. Since the particulars in the forms are the ones that facilitate the issuance of a Birth Certificate, an Applicant must fill either box. Leaving both boxes blank, would result in an Applicant not being issued with the Birth Certificate, a document which is viewed by the petitioner as a very crucial document for his identity.
It was argued that because Form B1 makes no provision for intersex persons, the petitioner and others like him lack legal recognition and statutory protection. It was submitted that there is therefore no equality before the law for intersex persons who are neither male nor female, men or women, boys or girls, him or her.

19. Taking the argument on lack of legal recognition, further it was contended that the issuance of a Birth Certificate to any person under the Births and Deaths Registration Act, means that such a person is recognized and acknowledged as being in existence Such a person then, becomes entitled to a number of human rights.
Such rights include the following:-
 Access to healthcare
 Access to immunization (this is part of healthcare)
 Enrollment in school at the right age
 Enforcement of laws relating to minimum age for employment,
assisting efforts to prevent child labour
 Effectively countering forced marriage of young girls before
they are legally eligible, without proof of marriage
 Protection against under-age military service or conscription
 Protection from child harassment by police and other law
enforcement officers
 Securing a child’s right to nationality either at birth or at a
later date
 Protection against trafficking in children including repatriation
and family reunion
 Getting a passport, opening a bank account, obtaining credit voting or finding employment.

.....................Reliance was placed on the Australian case of Re A (1993), Deakins Law Review, Vol. 9, Issue No. 2 at page 380, wherein the court in regard to a decision to determine gender and give consent to sex correction surgery, held that the decision to proceed with the proposed treatment did not fall within the ordinary scope of parental power to consent to medical treatment. The court proceeded to give consent to the surgery having given due consideration to expert evidence.
49. It was argued that there was need for appropriate legislation or rules and regulations that govern parental responsibility and corrective surgeries on intersexual children. The court was urged to apply the provisions of the Children’s Act 2001 .........................

Please read the entire 94 Paged ruling and background on this landmark petition (PETITION 705.07) in PDF.

also see Kenyan JuristThe Intersex case

Peace and tolerance.

H


Richard Muasya Ruling
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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.

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.

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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