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

Tuesday, August 9, 2011

Jamaican Law, Homophobia, and HIV .........

By Maurice Tomlinson of AIDSFREEWORLD
August 1, 2011

The Global Commission on HIV and the Law has been holding a series of regional consultations to interrogate the connection between punitive laws and their impact on the HIV epidemic. The Caribbean leg took place from April 14-15, 2011, and Maurice Tomlinson made the following submission highlighting the nexus between the 147-year-old Jamaican anti-buggery law, the country’s notorious homophobia (measured at 82.2% of the population), and the grossly disproportionate HIV prevalence rate of 32% among Jamaican men-who-have-sex-with-men (MSM) as against 1.6% in the general population.

Section 13.1 of the 2004 revision of the Staff Orders for the Jamaican Public Service prohibits discrimination on the grounds of, inter alia, sexual orientation.1 However, Jamaica’s 1864 colonially-imposed buggery law still criminalizes any form of consensual adult male same-sex intimacy, whether private or public.

2 The HIV prevalence rate among Jamaican men who have sex with men (MSM) is 32% as against 1.6% in the general population.

3 Alternatively, in Cuba, Suriname, the Bahamas and the Dominican Republic (Caribbean countries without such legislation), the HIV prevalence among MSM ranges from one to eight per cent. It would be an over-simplification to argue that the presence of Jamaica’s anti-buggery/gross-indecency legislation is the cause of the high HIV prevalence rate among MSM. However, the legislation certainly contributes to the island’s legendary climate of homophobic violence, discrimination, and deep stigma associated with homosexuality that the Jamaican Ministry of Health has acknowledged are among the factors driving the national epidemic.

4 For example, popular Jamaican dancehall artiste and 2010 Grammy winner, Buju Banton, sang about shooting and killing gays and when challenged about his homophobia he said it was justified under Jamaican law.

5 The criminalization of male same-sex conduct not only breeds homophobic violence, it also systematically drives Jamaican lesbians, gays, bisexual, transgender and intersex individuals (LGBTI) underground, away from effective HIV prevention, treatment, care and support interventions.

6 The major LGBTI organization on the island, Jamaica Forum for Lesbians, All-Sexuals, and Gays (J-FLAG), reports that homophobic attacks by state and non-state actors are common. AIDS-Free World is working with J-FLAG to effectively document these attacks. In February, 2011, there were two police raids of gay clubs in Kingston and Montego Bay, and during the Montego Bay raid, heavily armed officers kicked in doors, aggressively accosted patrons, indiscriminately beat and pistol-whipped them and chased everyone from the venue. Throughout the operation the police hurled homophobic slurs encouraging clientele of nearby clubs to join in the melee by throwing bottles, stones and other missiles as individuals fled for their lives. The club served to house many LGBTI who had been evicted from their homes because of their sexual identity, and the major AIDS NGO on the island, Jamaica AIDS Support for Life, regularly used it for HIV outreach. Even though Jamaica does not criminalize same-sex female intimacy, amongst the general population, the belief is that any form of homosexuality is outlawed. The result is that “corrective rapes” of lesbians to make them straight are not uncommon.

7 There is no record that such rapes have ever been perpetrated with the use of condoms.

8 The presence of the anti-buggery/gross-indecency law also precludes the distribution of condoms in Jamaican prisons with the result that the HIV prevalence rate among inmates is twice the national average. In 1997, the Commissioner of Corrections, on the advice of his prison doctor, proposed the distribution of condoms in the island’s prisons but was advised that he would be aiding and abetting a criminal offence namely buggery. Condoms thus remain contraband in Jamaica’s prisons although there are reports that prison warders do a thriving business trading in them. Prisoners who can’t afford to pay resort to the use of plastic bags. Jamaica’s supermarkets are now “going green” and will soon cease to distribute this major prophylaxis used by inmates. The result is that the HIV and AIDS prevalence among prisoners is expected to rise. Once they are released, their partners are also at risk, as the Ministry of Health has recorded high levels of unprotected sex and promiscuity among the Jamaican population.

Section 26 (b) of the Jamaican Constitution ”saves” the country’s 1864 anti-buggery law from judicial review, along with all pre-independence laws. Although the Constitution is being reviewed in order to provide for an expanded Charter of Fundamental Rights and Freedoms, a savings law clause is being re-inserted with regard to sexual offences. The result is that Jamaican courts will still be precluded from reviewing these laws in line with evolving societal standards and norms. A domestic legal challenge (as happened in India to repeal that country’s anti-sodomy law9) is therefore seemingly impossible in Jamaica.

Jamaica’s homophobic laws have been justified by relativist arguments based on Judeo-Christian theology. Notwithstanding the fact that section 21 of the Constitution guarantees the freedom of religion,10 the very idea that homosexual identity or practice is somehow “non-Christian” demonstrates the unfortunate role that religious leaders have played in perpetuating harmful stereotypes. Cultural arguments are also often used as justification for retaining Jamaica’s homophobic laws. However, as the UN Secretary General reminded the world on World Human Rights Day December 10, 2010, while cultural sensitivities may make it difficult to recognize the human rights of LGBTI, culture must never be used as justification for the denial of fundamental human rights. Finally, some of Jamaica’s elected officials have claimed that they are unable to change Jamaica’s buggery/gross indecency law until “society changes first.” While reasonable people may disagree as to the relationship between laws and attitudes, it is clear that the job of legislators is to ensure that all laws are fair, non-discriminatory, and comport with basic principles of civil and human rights. Jamaica’s legislators have failed to address the fundamentally discriminatory nature of the buggery/gross indecency law by allowing it to stand.

Conclusions
Jamaica’s anti-buggery/gross-indecency law contributes to violence and abuse by police and private citizens of LGBTI citizens. The laws also marginalize LGTI and inhibit them from seeking treatment for HIV and other sexually transmitted diseases that increase the risk of HIV transmission. The prevailing association of HIV and AIDS with homosexuality compounds the marginalization of many people living with HIV and AIDS, who face additional stigmatization through the presumption that they have engaged in illegal sex. It also keeps those at highest risk of the disease—including people who do not engage in homosexual sex—from seeking HIV-related information and health services.

Recommendations to the Commission
• Denounce and condemn Jamaica’s anti-buggery/gross-indecency laws;
• Demand that Jamaica ensure that all allegations of excessive use of force and other human rights violations by law enforcement officials based on real or perceived sexual orientation and gender identity or expression are investigated promptly and thoroughly;
• Demand that Jamaica train all law enforcement and criminal justice officials on international human rights standards and nondiscrimination;
• Demand that Jamaica conduct awareness raising programs, especially through the education system, to address social stigma and exclusion of individuals and communities on grounds of their sexual orientation and gender identity and expression; and
• Demand that Jamaica facilitate access to social services, and especially health services, regardless of the individual’s sexual orientation, gender identity and expression, and/or HIV status.


ENDS

1 http://www.moj.gov.jm/pdf/rev_staff_order.pdf, page 80.
2 Offences Against the Person Act 1864 s 76 criminalizes anal intercourse; s 77 criminalizes any attempt by males to engage in anal intercourse; and s 79 criminalizes any act of “gross indecency” between men.
3 2009 UNAIDS report.
4 See, e.g., Jamaican Ministry of Health, Jamaica HIV/AIDS/STI National Strategic Plan 2002-2006, January 2002, p. 10; see also Zadie Neufville, “Fear Among Gay Men Said to Fuel HIV/AIDS Cases,” Inter Press Service, March 5, 2002; Garwin Davis, “Homophobia Remains High. Gays Remain in Seclusion, Health Officials Worry,” The Jamaica Gleaner, July 26, 2001.
5 http://www.youtube.com/watch?v=GIRmQNM4xUk, accessed March 2, 2011. Other popular Jamaican dancehall artistes are also notorious for their performance of virulently homophobic songs, such as Elephant Man, who justifies the corrective rape of lesbians, Capleton, who invokes the burning of gays, and the group T.O.K., which endorses the stomping and kicking of gays.
6 Human Rights Watch interview with Dr. Yitades Gebre, executive director, Ministry of Health Program Coordination Unit, Kingston, June 23, 2004, and Human Rights Watch interview with Dr. Peter Figueroa, chief, Ministry of Health Epidemiology Unit, Kingston, June 23, 2004, demonstrate that providing HIV education and prevention services to men who have sex with men is extremely difficult because they are forced to remain invisible due to prejudice and abuse.
7 See Makeda Silvera, “Man Royals and Sodomites: Some Thoughts on the Invisibility of Afro-Caribbean Lesbians,” Feminist Studies, vol. 18, no. 3, Fall 1992, pp. 521-532 (reporting gang rape of women “suspected” of lesbianism in 1950s Jamaican towns).
8 In 2010, J-FLAG received reports of three (3) corrective rapes, two of which occurred within days of each other. In one instance, four men gang-raped a lesbian and used a knife to cut her so she can better “tek man.” In the other instance, the lesbian was savagely raped at gun-point, and then dumped half-naked after her ordeal. Her rapist commented on how “tight” she was and promised that the next time he would use a condom.
9 In Naz Foundation v. Government of NCT of Delhi and Others WP(C) No.7455/2001 the High Court of Delhi struck down much of S. 377 of the Indian Penal Code as being unconstitutional. The Court held that to the extent S. 377 criminalised consensual non-vaginal sexual acts between adults, it violated an individual's fundamental rights to equality before the law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of the Constitution of India. Jamaica’s Constitution guarantees similar rights in Article 13.
10 In September 2010, the Jamaican Prime Minister said at an interview at the United Nations in New York that homosexual acts remain illegal in Jamaica because the country is a Christian country.


Quick Two Cents
Another well written paper but like many before they come and go and very little or no improvements, let us see if there will be action this time around. It's one thing to prepare lovely papers it's another to properly engage the community, a set of criticisms that will continue to come until we see major improvements in that department. See the post below on that:


Peace and tolerance

H

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Nationwide New Network, NNN devoted some forty five minutes of prime time yesterday evening to discuss the issue and help listeners to at least begin to process some of the information coming from the most public declaration exercise as done by Jenner. Guests on the show were Dr Karen Carpenter Board Certified Clinical Sexologist and Psychologist, ‘Satiba’ from Aphrodite’s P.R.I.D.E Jamaica of which I am affiliated and Lecturer (Sociologist) and host of Every Woman on the station Georgette Crawford Williams (sister of PNP member of parliament Damian Crawford); one of the first questions thrown at Satiba by host Cliff Hughes was why has Jenna waited so long at 65 years old to make such a life changing decision?

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It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

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



SO WE WERE DUPED EH? - the suggestion of a conscience vote on the buggery law as espoused by Prime Minister (then opposition leader) in the 2011 leadership debate preceding the last national elections was a dangling carrot for a dumb donkey to follow.

Many advocates and individuals interpreted Mrs Simpson Miller's pronouncements as a promise or a commitment to repeal or at least look at the archaic buggery law but I and a few others who spoke openly dismissed it all from day one as nothing more than hot air especially soon after in February member of parliament Damian Crawford poured cold water on the suggestion/promise and said it was not a priority as that time. and who seems to always open his mouth these days and revealing his thoughts that sometimes go against the administration's path.

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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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 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.

Recent Homophobic Cases

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.

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 update, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston



THE BEST OF & Recommended Audioposts/Podcasts


THE BEST OF & Recommended Audioposts/Podcasts 




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Black Friday for Gays in Jamaica More HERE


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Big Lies, Crisis Archiving & More MSM Homlessness Issues 12.07.12


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Club Heavens The Rebirth 12.02.12 and more HERE


Should gov't provide shelter for homeless msm?


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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