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

Saturday, October 15, 2011

Civil Society Statement of Action on the Decriminalisation of Adult Same Sex Conduct in the Commonwealth


Out of the 54 states that make up the Commonwealth of Nations, 41 continue to criminalize consensual adult same-sex sexual activity. Laws that criminalise same-sex sexual conductdiscriminate against and oppress lesbian, gay, bisexual, transgender and intersex (LGBTI) persons.The majority of the laws that criminalise same-sex sexual conduct originate in British Colonial lawscriminalising ‘sodomy’.On the 15th of August 2011 at a conference facilitated by the Commonwealth Human Rights InitiativeLondon, LGBTI Rights Activists working across the Commonwealth devised the following statementof action on the decriminalisation of same-sex sexual conduct across the Commonwealth. This is astatement of action that relates both to the Commonwealth Secretariat and to Commonwealthmember states.

1. The incompatibility of the criminalisation of same–sex sexual conduct with Commonwealth values

1.1 Treating individuals in a discriminatory manner as a result of their sexual orientation isincompatible with Commonwealth values. Equality and non-discrimination on any groundshas been repeatedly affirmed as a core Commonwealth value, most recently by theSecretary General in his speech to the 2011 Law Ministers Meeting. The 2009 Port of SpainAffirmation of Commonwealth Values and Principles states in section 5 that a coreCommonwealth value is the “promotion of civil, political, economic, social and cultural rightsfor all without discrimination on any grounds” and that “rights are universal...and cannot beimplemented selectively.” This reaffirms the commitments to formal equality, found in the1979 Lusaka Declaration, and equality before the law, in the 1991 Harare Declaration.

1.2 The universal equal application of human rights to all without discrimination on anygrounds is reinforced in the 2007 Yogyakarta Principles on the application of internationalhuman rights law in relation to sexual orientation and gender identity. In 2008 seventeenCommonwealth States signed up to the European Union backed Statement on HumanRights, Sexual Orientation and Gender Identity at the United Nations General Assembly which affirmed the ‘principle of non-discrimination which requires that human rights applyequally to every human being regardless of sexual orientation or gender identity’.

1.3 At the Port of Spain Commonwealth Heads of Government Meeting (CHOGM)reaffirmed the agreement that states had made at the 2007 Kampala CHOGM that allCommonwealth members should ratify core international human rights treaties, includingthe International Covenant on Civil and Political Rights (ICCPR). In Toonen v Australia (1994)CCPR/C/50/D/488/1992 the Human Rights Committee held that the criminalisation of same -sex sexual conduct was incompatible with the right to privacy and the right to equality before the law, as guaranteed under the ICCPR. The implementation and ratification of the ICCPR by the vast majority of Commonwealth Countries means that states should take stepsto ensure that laws criminalising same–sex sexual conduct are repealed and amended.Further states that have not yet signed up to international human rights agreements should be mindful of the commitments made at successive CHOGMs and implement international  human rights agreements so that all citizens of Commonwealth states enjoy human rights without discrimination on any grounds. The few states that have not yet ratified the ICCPR are reminded that it accords with the fundamental principles of the Commonwealth andthey are bound to bring their laws into line with these instruments.

1.4 Whilst it is acknowledged that the laws that criminalise same–sex sexual conductcurrently are part of a state’s domestic criminal law and individual sovereign states are generally granted a margin of appreciation in respect to their own domestic criminal jurisdiction, the laws that criminalise same-sex sexual conduct constitute a systemic andongoing human rights abuse and cannot in any meaningful sense be applicable within aframework of individual rights protection. The 1979 Lusaka Declaration commits the Commonwealth to the abolition of discriminatory laws and makes it a condition of membership that states should repeal discriminatory domestic laws. The laws thatcriminalise same-sex sexual conduct are akin to the laws used to segregate racial groups andexclude persons from the full benefit of citizenship in a manner that is directly analogous topractices that underpinned apartheid and white minority rule.1.5 The Commonwealth prides itself on being a values based organisation. These valueshave an enforcement mechanism within the 1995 Millbrook Action programme and there avariety of different enforcement measures available. The Commonwealth, in order toenforce and realise its values, has taken action in the past. This is an issue where theCommonwealth now needs to take a clear lead.

2.The responsibility of individual member states of the commonwealth

2.1 All states must decriminalise private, same-sex sexual activity between consenting adults. Decriminalisation means the removal of any criminal or civil penalties that may beimposed on an adult who engages in private same-sex sexual activity. There should be nolegal powers available to the authorities to arrest or investigate private, consensual same-sex sexual activity between adults. A commitment not to enforce laws that criminalise same-sex sexual conduct is too uncertain and still constitutes a human rights violation as the merefact of ‘black letter’ criminalisation means that LGBTI individuals are marginalised in society.Decriminalisation can be achieved progressively, via either a constitutional reform or testcases that allow the courts to ‘read down’ criminal laws in line with international anddomestic human rights provisions.

2.2 Legislation must be implemented to protect LGBTI individuals from directdiscrimination and discriminatory practices. Decriminalization does not in and of itself prevent private parties acting in a discriminatory manner towards LGBTI individuals andtreating them in a discriminatory manner when it comes to matters of employment,inheritance of property and access to health care. This does not mean giving LGBTI individuals a special status but rather involves the creation of legal mechanisms that can give redress to LGBTI individuals who are the victim of discriminatory treatment of the sort that would be not be afforded to an individual who was not lesbian, gay, bisexual, transgender or intersex.

2.3 States must enforce existing laws to protect LGBTI individuals against threats,harassment and violence. Laws that criminalize assault and harassment apply to all citizensbut frequently they are not adequately enforced in the case of hate crimes against LGBTI individuals. Moreover, LGBTI individuals often feel unable to come forward and report these crimes, and often an enforcement gap emerges between hate crimes directed against LGBTI individuals and groups, and hate crimes that are directed at other individuals or groups.Again this does not mean giving LGBTI individuals and groups a special status but ratherinvolves enforcing existing laws.

2.4

Consultation and dialogue must be arranged with local LGBTI groups and humanrights organisations on the implementation of all of the above steps. Other groups includingCivil Society Organisations and Non Governmental Organisations should also be consultedand the process should be as wide ranging as possible.

3.Steps the Secretariat and the Secretary General should take to facilitate decriminalisation

3.1 The Secretary General should follow up on his remarks to the 2011 Law Ministersmeeting and issue a formal statement on the incompatibility of the criminalisation of same-sex sexual conduct with Commonwealth values. It should be noted that the criminalisationof same–sex sexual conduct is incompatible not only with the provisions of equality underthe 2009 Port of Spain Declaration but also is incompatible with the respect for humanrights, as guaranteed under the 1991 Harare Declaration, and the principle of equality before the law as protected under the 1979 Lusaka declaration.

3.2 The Secretariat should facilitate the creation of an official independent workinggroup tasked with making official biennial reports into the status of decriminalisation in theCommonwealth. This working group should be formulated in a manner similar to that of election observation groups. The group should be comprised of representatives of NGOs,CSOs and other experts, and have a broad remit to investigate the progress towardsdecriminalisation in Commonwealth countries. The group should be completely independentof the Secretariat and National Governments and should publish a report every two years inline with the CHOGM cycle.3.3

Resources should be made available to the Human Rights Unit (HRU) at theSecretariat to engage in promotional and monitoring activities in this area. Research shouldalso be carried out by the HRU in this area in conjunction with the ongoing projects of CSOsand NGOs. The Secretariat should also make resources available for the promotion of thesocial, political and economic benefits of decriminalisation from the thirteen Commonwealthstates that have decriminalised same-sex sexual conduct.

4.Steps states that have decriminalised same-sex sexual conduct should take to facilitate decriminalisation

4.1 States that have decriminalised same-sex sexual conduct should provide effectiveinternational protection for LGBTI refugees from countries that criminalise same-sex sexualconduct. States that are signatories to the 1951 Refugee Convention have a duty to providerefuge to individuals that have a well-founded fear of persecution. States should ensure thattheir law enforcement and border agencies are equipped to handle asylum claims made byLGBTI individuals.

4.2 States that have decriminalised same–sex sexual conduct should be vocal inadvocating for decriminalisation in Commonwealth and other international forums andshould spearhead initiatives aimed at forging inter-state consensus on decriminalization.

4.3 This also requires states to be active in monitoring the recommendations of international and regional organisations and being willing to scrutinise the human rightsperformance of other Commonwealth states both in Commonwealth forums and at otherinternational forums, such as the UN Human Rights Council. States should also make aneffort to showcase the economic, social and health benefits of decriminalisation from theirown jurisdictions in international forums and this should form part of the case in favour of decriminalisation.The Commonwealth’s future as a values based organisation is dependent upon action on this issueand the different actors mentioned in this statement need, as a matter of urgency to implementthese reforms. Since the declaration of the Commonwealth Principles adopted by Heads of Government in 1971, the organisation has defined itself by its values. The continued criminalisationof a minority for no other reason than their immutable characteristics is a form of discrimination andpersecution that cannot continue amongst a community of nations that has committed itself toprotecting human rights and equality before the law.

Civil Society Statement of Action on the Decriminalisation of Adult Same Sex Conduct in the Commonwealth                                                                                            

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Aphrodite’s PRIDE JA tackles gender identity, transgender misconceptions .....



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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Dr Carpenter cautioned after a heated exchange:

“We really must remember as professionals we must stay in our lane I will never pronounce as a Sociologist cause I am not a Sociologist ............When we have an opportunity to speak publicly we must be careful of what we say unless it is extremely well informed......”


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website


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audience members interacting during a break in the event


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visit the new APJ website HERE

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Dr Shelly Ann Weeks on Homophobia - What are we afraid of?


Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?


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.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

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Sexuality - What is yours?

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.


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 (supposed in-laws of sorts) 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 in a sense 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.


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Tomlinson's post originally was:






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Following a cowardly decision by the Minister(try) of Education to withdraw an all important Health Family Life, HFLE Manual on sex and sexuality

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also see:

and





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.

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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 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 




The Prime Minister (Golding) on Same Sex Marriages and the Charter of Rights Debate (2009)


Other sides to the msm homeless saga (2012)


Rowdy Gays Matter 21.08.11 more HERE



Ethical Professionlism & LGBT Advocates 01.02.12 more HERE


Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11


2 SGL Women lost, corrective rape and virtual silence from the male dominated advocacy structure


Al Miller on UK Aid & The Abnormality of Homosexuality 19.11.11


Homosexuality is Not Illegal in Jamaica .... Buggery is despite the persons gender 12.11.11 MORE HERE 


MSM Homelessness 2011 ...my two cents


Black Friday for Gays in Jamaica More HERE


Bi-phobia by default from supposed LGBT advocate structures?


Homeless MSMs Saga Timeline 28.08.11 (HOT!!!) see more HERE


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Homophobic Killings versus Non Homophobic Killings 12.07.12


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


Homosexuality Destroying the Family? .............. I Think Not!


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


Club Heavens The Rebirth 12.02.12 and more HERE


Should gov't provide shelter for homeless msm?


National attitudes to gays survey shows 78% of J'cans say NO to buggery repeal


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