Joint tenancy versus tenants in common ..........

On the strength of a radio discussion this morning on religious radio Love 101FM on property transfers with two guests from the Administrator General's office; they discussed the numerous complaints of probates and wills not being dealt with but monies are collected. Host Rev Marvia Laws asked about the captioned subject and interested parties including non relatives which struck me. With so many more Jamaicans seeking a steady monogamous relationship I thought I'd share this as it can be a way to distribute property until such rights and legal changes come.

from the Gleaner:

QUESTION: I've just read an article you wrote in The Sunday Gleaner on May 8, 2011 titled 'Transfer of Property to Living Trust' and I would appreciate your counsel on a similar matter. My mother and aunt are joint tenant property owners for land in Old Harbour, St Catherine. My aunt wishes to transfer her share of the property to me via inter vivos gift, thereby making my mother and me joint tenants.

What are the steps to be taken in order to effect the transfer? What documents would be needed in order to effect the transfer? What are the fees, considering that the transfer is a gift? Thanks in advance for your time. I look forward to your expert advice.

Bryan

FINANCIAL ADVISER:

If two or more persons hold an estate or interest in land, they are required to state whether they hold the estate or interest as joint tenants or tenants-in-common. It is very important to understand the difference between the two as how property is owned has serious implications for the ability to transfer it.

Due care should be taken when two or more persons are coming into ownership of property to understand the difference and thus register their ownership in a way that will not cause undesirable complications in the future.

Let us examine the two types of ownership.

Joint tenants have a right of survivorship. This means that if John and Celia own land as joint tenants and either of them dies, the interest of the deceased joint tenant automatically passes to the survivor. So if John dies, his interest passes to Celia, who then becomes the owner of all of the property. If the property is owned by three persons, the death of one joint owner/tenant would result in his or her share effectively passing to the two survivors.

What is the meaning of this? It means that the joint tenant does not have an interest in the land that he or she can leave in a will unless he or she is the sole surviving joint tenant. In our example, upon the death of John, Celia is able to bequeath or gift the property to whomsoever she wishes. If there is a third joint tenant, only the last surviving joint tenant, two having died, can bequeath or gift the property to another person.

When a joint tenant dies, the death is noted by the filing of an 'Application to Note Death'.

To create a joint tenancy, the following rules must be satisfied:

n All the joint tenants must acquire their interest in the property at the same time and from the same transaction; and

n The interest must be identical in nature and each tenant enjoys an equal right to the whole or any part of the property but not an exclusive right to possess any part.

Unlike joint tenants, tenants-in-common do not have the right of survivorship. When a tenant-in- common dies, his or her interest in the property passes under the terms of his or her will, or if he or she dies leaving no will, the interest is distributed under the Intestate Estates and Property Charges Act. In this case, with John and Celia as tenants-in-common, John's share of the property passes to whomever he wills it to.

EQUAL RIGHT

The tenant-in-common has an undivided share and interest in the property. He or she has an equal right to the possession of the whole of the property but not a right to possess any part exclusively. A tenant-in-common may deal with his or her share of the property as he or she sees fit, such as giving it as a gift.

Tenants-in-common may also hold unequal shares in the property. If no share is stated, the presumption is equal shares, that is, 50/50 if there are two tenants-in-common or 25% each in the case of four tenants-in-common.

Although your aunt is not now able to transfer her interest in the property to you, you can become its owner, in its entirety, if you outlive the current owners and if it is the desire of the survivor to pass it to you. As soon as either your mother or aunt dies, it would make sense for the survivor to make a will stating very clearly who the beneficiary should be you alone or you and others.

Alternatively, given the uncertainties we all face, it would be prudent, if their current wills do not have a residuary clause, for them to make new wills with such a clause to facilitate the disposition of assets not mentioned in their wills. They may also amend existing wills but certain procedures must be followed.

You could still get your inter vivos gift if you outlive one of the current owners. The survivor could choose to gift the property to you - in part or whole - upon becoming its sole owner.

Oran A. Hall, the principal author of 'The Handbook of Personal Financial Planning', offers personal financial planning advice and counsel. finviser.jm@gmail.com

also check out my favourite host for Land Solutions:

Homeless MSM populations treated over the Christmas season

The Christmas season had some relief for some homeless persons in Kingston and St Catherine even in the face of some bad news from western Jamaica and Kingston of displaced persons coming into some fresh challenges and the murder of a senior member of the cruising community which has left some baffled. The persons working on the Dwayne's House issue had a treat of sorts as was carried on 76crimes with the participation on Families Against State Terrorism convenor Yvonne McCallah Sobers and others:

The site carried in part:

Organizers of Christmas dinner for homeless Jamaican LGBT youth chat during the event. For the youths’ safety, their photos are not shown.

Christmas Day brought presents and a special dinner to homeless LGBT youths living in the sewers of New Kingston, Jamaica.

Forced out of everywhere else they have tried to live — their parents’ homes, then abandoned buildings, then an open-air gully — the youths now live in the drainage tunnels of New Kingston, except when police raid and oust them from there.

Concerned citizens who are raising money to provide food, shelter and human services to the youths made an extra effort on their behalf in recognition of the the holiday. In this lightly edited account, Yvonne McCalla-Sobers tells about the event:

Yvonne McCalla-Sobers and the Rev. Sean Major-Campbell chat during the Christmas dinner for homeless LGBT youths. 

This is the same Reverend gentleman who was reported in the Observer some time ago and commented on by cartoonist Clovis; see Hypocrisy from the pulpit on homeless MSM in Jamaica? 

meanwhile in St Catherine the mixed faith group that has been helping some four to five men in a weed whacking project also got their treat as well, a third time in a row alongside seven others who were invited to attend and held at a church premises on Christmas day while on Boxing Day in the tradition grocery packages were distributed to the participants:

also see: Interfaith group treats homeless MSM in St Catherine (2012) here are some authorised photos from this year's treat:

Boxing Day Package (BB not included lol, took it by mistake I guess) the men also have been accommodated with temporary shelter as well until February I am told as the informal project continues, the effeminate persons however are still not being fully embraced, it was April of 2013 that the group pledged some assistance, see: Interfaith Group Pledges Continued Support for Homeless MSM in St Catherine

A big thanks to the volunteers from the mixed churches who turned up at my home and that of the soup kitchen to assist with the cooking etc. and also persons from other NGOs as well, their gifts of the groceries, cash and kind as donated annually worked well into making up the packages to contain far more than usual as the monthly or bi monthly arrangements only would have the basics. Thanks also for the continued donations via paypal from loyal readers through the years as always without which it would not be possible for the help rendered and some expenses covered.

I still wish for a long term solution to this even as the numbers increase to staggering amounts in other parishes and some mysterious occurrences in St James as well. Most of this could have been avoided and I am still very skittish about this new Dwayne's House idea, see more HERE there seems to be no proactive measure towards displacements even in the face of years of the mounting evidence of same due to to rampant homo-negativity yet we had to wait until it is at this stage and the men in New Kingston seemed to be used as pawns in a chess game when their real welfare was overlooked or ignored.

Happy Holidays (or what's left of them)

Peace and tolerance

H

International Day Against Homophobia & Transphobia 2014: Freedom of Expression ......................

I received this release via email today and it struck me how ironic that next year's theme for IDAHO is Freedom of Expression but yet only in this year observance on May 17th our leading advocates JFLAG decided not include our homeless gay and bisexual youths so their voices could carry on such an important day, experts decided to speak supposedly on their behalf, have a read of the release firstly from IDAHO's website and also see the following: 

JFLAG excludes homeless MSM from IDAHO Symposium on guess what? .......... HOMELESSNESS!!!!!!!!

More MSM Homelessness Issues while agencies shift responsibilities

And MSM continue to be ready material for data collection ..... what about the interventions for the recurring issues

IDAHO PRESS RELEASE:

After months of outreach and consultation with LGBTI rights activists and allies around the world, as to what to focus on for the 10th Anniversary edition of the International Day Against Homophobia and Transphobia, 2014, we found that the most popular campaign call, in diverse country-settings, was Freedom of Expression.

Activists in countries including Turkey, Russia and Armenia highlighted a need to challenge anti-’propaganda’, ‘obscenity’ and ‘public morality’ laws which, in practice, are being used to close down spaces for public assembly, shut down LGBTI community websites, justify police actions targeting vulnerable communities, and to silence journalists and human rights defenders who speak out in favour of LGBTI rights.

In countries including Brazil and the United States, activists highlighted the use of right-wing religious arguments to curb diversity eduction and anti-bullying campaigns in schools, with the excuse of prohibiting the ‘promotion of homosexuality‘, providing ‘age-appropriate’ material, or ‘respecting the curriculum‘.

In countries such as Uganda and Kenya, LGBTI activists have highlighted the use of arguments that ‘homosexuality is not in our culture‘ to repress public expressions of LGBTI rights, in already very hostile contexts. Meanwhile, in the Philippines and Thailand, LGBTI rights advocates pointed to the absence of specific legal provisions targeting hate crimes and hate speech which, they argued, reflects the power of opponents of LGBTI rights to set the terms of debate.

Various activists, from all over the world, also highlighted freedom of expression as an effective way to promote trans* and gender non-conforming people’s rights to self-determine their gender identities and expressions, push for more accurate and positive representations of trans* people in the media, and to appeal for much-needed improvements in the scope, quality and human rights credentials of gender-identity recognition laws worldwide.

We have also received positive feedback from artists, performers, writers and educators who have highlighted the use of these laws not just to restrict LGBTI community voices, but to limit freedom of expression for all.

Activists in a number of countries also pointed out that, although these laws might be targeted at LGBTI communities on paper, in practice, they also interlock with the policing, and stigmatisation, of all different kinds of communities including sex workers, migrants, ethnic minorities, the socio-economically at risk, and women.

And even in countries where freedom of expression is legally guaranteed, and politically defended, LGBTI people encounter everyday limits on what they can, or feel able to express about who they really are, or to articulate their visions for social change.

In short, whilst freedom of expression might be articulated in different ways in different cultures, it is also – in part – a universal issue which sits in dialogue with many questions, across countless cultural and community contexts.

Issues such as LGBTI Aslyum and Migration, LGBTI-related Stigma in the Fight against HIV/AIDS, Biphobia and Mobilising City Spaces were also popular this year. The IDAHO Committee team will be producing campaign packs and other material on each of these themes, and emphasising them in our communications in the lead-up to, and on, May 17. We will also be maintaining some focus – as in previous years – on fighting LGBTI discrimination in and through education, and creating alliances with progressive faith voices.

This year is also going to be particularly special, because it’s the 10th Anniversary edition of the International Day Against Homophobia and Transphobia !

Get involved !

We now have to think about how to structure the campaign, what protest tactics we could use, and what specific policy goals we should aim for. Everything is still very open, so now is a great time to get involved, and to help shape the campaign !
Should we launch global petition or statement and, if so, with what specific goal?
What sort of protest tactics should we call for and provide toolkits on?
Would you like to see new research appear for May 17, for example, a World Index on LGBTI Freedom of Expression?
What could be some great ways to involve artists, writers and musicians?
Could we organise a video campaign, competition or online film festival for May 17?

If you have any suggestions for what we could do on the day, no matter how unusual, wacky, adventurous or obscene (!), please send us them at our usual email address (contact@dayagainsthomophobia.org), where someone from the team will respond asap. Don’t censor yourself !

If you would like to be involved – as a partner organisation, as a group taking action, or as a volunteer – please also just drop us a line. We would love to hear from you !

You could also…

Tell us about freedom of expression where you are !

We are currently reaching out to activists, researchers etc. in various different countries to try and understand more about how freedom of expression restrictions, related to sexual orientation and gender identity, play out in different national, cultural and political contexts. If you have information or analysis which you would like to share with us please also feel free to drop us a line at the address at : contact@dayagainsthomophobia.org
Recommended reading :
European Parliament Intergroup on LGBT Rights: “Anti-propaganda laws”, the new criminalisation of homosexuality
Article 19: Traditional values? Attempts to censor sexuality: Homosexual propaganda bans, freedom of expression and equality.
Human Rights Watch: The Trouble With Tradition
PEN International: Resolution – The Russian Federation (79th World Congress in Reykjavik, Iceland, Sept 9-12, 2013)
Index on Censorship/Mathew Brown: Shut the Duck Up
American Civil Liberties Union: Banned Books Week 2013 – Books about LGBT Families Remain Targets of Censorship 

ENDS

Yvonne McCallah Sobers of Families Against State Terrorism makes a point during the symposium, apparently she was the one who asked the all important question as to the absence of the homeless men and Larry Chang whose legacy the symposium was held spoke to the presence of the men via Skype. We also see pretentious concerns being banded about by some privileged activists who are more concerned about image than about the welfare of the men even as a report came that last evening the police once again took action regarding some homeless men in New Kingston for the umpteenth time. Let us see how the spin doctoring will be done to report this one as there seems an urgency to deceptively carry out a skewed crisis reporting based on a feeling that Jamaica is the most homophobic place on earth oldie more so than commensurately assist in providing some meaningful redress even as JFLAG and others dither and try to pass responsibility on this on government by lumping general homelessness in their rhetoric but were glaringly silent during very public issues to do with same, anyone remember the street people dumping in Montego Bay some years ago? to name a few.

Where will it end? when some of us including myself watch almost helplessly in some respects as this plays out before our eyes our local efforts can even go very far as opening homes to assist can only go so far and even that comes with its own set of challenges.

Think on these things

Peace and tolerance

H

Civil-Society Groups Put Pressure On Patricia House Board ........

Yvonne McCalla-Sobers (right), convener for Families Against State Terrorism, speaks to members of the media while looking on (from left) are Howard Gough, manager of Patricia House; Joyce Hewett, advocacy and legal reform, Women Inc; Jaevion Nelson and Noelle Ingledew, chairpersons, Jamaica AIDS Support for Life, during a press conference on Tuesday. - Rudolph Brown/Photographer

THE BOARD of Patricia House must go. That is the demand from Jamaica's civil society.

On Tuesday, a joint coalition of Civil Society Forum of Jamaica on HIV/AIDS, Woman Inc, Families Against State Terrorism and Jamaica AIDS Support for Life called a press conference at the Council of Voluntary Social Services' St Andrew offices, to outline the gross negligence of the board of the rehab centre, which they claim was affecting clients and staff.

"The members of this board have consistently failed to protect the rights and welfare of persons who use drugs, persons living with HIV, and other minority groups. In fact, their callous actions have led to the further marginalisation of these already vulnerable populations," noted Carla Bingham-Ledgister, chair of the Civil Society Forum of Jamaica on HIV/AIDS.

The issue stemmed from an incident last year where the board of Richmond Fellowship Jamaica Drug Rehab Centre, which operates the St Andrew-based Patricia House, hired a manager who turned out to have fake qualifications and was abusive to staff and clients. They also alleged that he sexually harassed a female staff member. He was later dismissed and given a reported $500,000 severance package.

Five months of terror

The "five months of terror meted out to them by the new manager" has reportedly continued to traumatise the staff and client, Bingham-Ledgister stated.

The coalition demanded an explanation from the board, but they said, to date, there has been no response.

Based on the "neglectful manner in which they handled the matter", the coalition is claiming the board cannot be relied on to manage the welfare of the clients and staff members.

"We ask you to join us in calling on all the remaining members of the Richmond Fellowship Jamaica board to step down and allow the local representatives of the parent company to install a new board made of persons who have the interest of drug users, persons living with HIV," Bingham-Ledgister added.

ENDS

Some questions come to mind to me and a few others upon seeing this article in the Gleaner though as to the hypocrisy and selectivity of issues here, so the Board of Patricia House erred and are being called to book but what about some of these same organizations represented here at this press conference, shouldn't they be called to answer to some pressing issues as well?

Where were they when the homeless msms were locked out and left to fend for themselves last August and the subsequent civil disobedience the men had to take to get attention or when the original shelter idea was closed?

Why did anyone from this so called co-coalitionists group as it were speak out publicly against this or call a press conference seeing that the matter was made public and exposed by the Jamaica Observer?

Is it that some of the same persons present here were the ones who gave the edict to have the men banned along with a canine team at the gates of the organizations, namely Jamaica AIDS Support for Life instead of trying to deal with the group of homeless males directly?

Why is it that till this day any serious attention has been given to the men to solve the issues of bad behaviour as the reasons given for taking the banning action in the first place by this coalition or its representatives?

Do you find it strange how selective these organizations and individuals spring into action on issues when LGBT matters that need urgent attention are left to supposedly die down hoping no one will pay attention? 

Now that the main spin doctor of diversions does not reside here anymore what will be used as damage control to now divert us from this matter as it shows a clear professional hypocrisy? whenever questions are asked of groups to account to the population convenient ways are found to move us in another direction.

In regards to terror, what about the terror and homophobic violence the homeless men have had to endure while on the streets as organizations continue business as usual ignoring the men while dealing with more well to do msms instead in a grand data collection reporting exercise while our brothers who really need the frontline work are left to end up in criminal activity in some cases or commercial sex work to fend for themselves? MORE HERE from GJW

Only a few weeks ago a homeless young man (one of the many new comers to the population) was beaten in the Spanish Town area and left with a broken leg after being accused of being gay, if it weren't for concerned persons outside the community and a couple church sisters from a nearby church organization who fortunately looked passed the orientation issues and saw humanity he would have had to fend for himself. Thanks to their kind hearts.
Other incidents are still coming to hand across Kingston in particular and one in St. Ann in December 2011.

When is this hypocrisy and over looking of this section of our population going to end? Very few of the total population when last I checked numbered some fifty plus men have not been able to either find hosts to stay with or find alternative legal income earning activity while the others still are nomads in their own country. A couple have been able to leave Jamaica via asylum seeking with some financial help from community members but that is not enough to put a dent on this problem. 

Think on these things people, the foolishness continues and then a false image is presented to the world as if work is being done overall.

Even the great super powers of the world see a need to deal with homelessness just recently the United States White House announced it is to hold a conference to discuss the matter by itself on March 9, 2012

The March 9 conference will provide advocates, community leaders, and members of the public an opportunity to engage with the Obama Administration on housing and homelessness issues that impact LGBT Americans, including the youth served by the Ruth Ellis Center. Participants will receive updates from Obama Administration officials, connect with federal government resources and opportunities through workshop sessions, and provide valuable feedback through the “Open Space” process.

“We are honored to join with the White House for this historic conference, taking place in one of the cities most impacted by LGBTQ homelessness,” said Laura Hughes, Executive Director of the Ruth Ellis Center. “Nationally, about 40 percent of the 1.7 million runaway and homeless youth self-identify as LGBTQ. In Detroit alone, up to an estimated 800 homeless LGBT youth are on the streets every day. The Ruth Ellis Center works daily with our city’s and state’s leadership to help improve outcomes for the homeless LGBTQ youth we serve. It sends a powerful message to now have the commitment from the Federal government to discuss these issues.” MORE HEREAlso see: INCREASE IN MALE HOOKERS - More men doing 'business' in New Kingston says the Star ............ but

Some considerations ..... would you assist someone who has been displaced ???

From the pen of one of our homeless brothers ........

Sad that in 2012 we have to be on this same issue coming from as far as 2007/8 when I and others started to zoom in on this and long before that when we as a community used to just see the evidence around us of homelessness and in instances abject poverty in our community. We have seen so many fallouts and problems and it is as if few care about this group more than to use them for statistical dart boarding rather than help them or concerned persons to bring some closure or solutions to this matter once and for all. The incremental interventions by influentials are not enough as persons like myself do not have the resources to tackle this head on but the organizations that do have the where it all obviously do not care. 

UPDATE: a petition has been launched by the former Chairman of Jamaica AIDS Support for Life with support from the rest of the clan yet no such action was done or entertained when they banned the homeless from their property.

The very same organization that barred homeless MSM some of whom are also HIV positive last year yet they pride themselves on offering care and treatment for vulnerable populations and when called the book they snubbed the voices who wanted above board advocacy as they do not feel accountable to the persons they claim to represent. You decide readers, who holds others accountable for neglect, and further ostracizing the already vulnerable? that's the question.

Peace and tolerance

H

‘Idiot plan that!’ - Many Jamaicans against Buggery Law review ...............

As reactions continue to come from all quarters on the answer given to the question of the Not in My Cabinet stance taken by former Prime Minister Bruce Golding during the leadership debate on elections opposition leader Mrs Portia Simpson Miller who expressed her disagreement with the stance is coming under flack for taking the high road for some and declaring her opinion she wants to have the buggery law reviewed leading to a conscience vote in parliament. Her political capital seems to be depleting on the face of it. We saw where the church and or the religious right movement has already responded, a leading anti gay pastor and restorative advocate has said,

“That is very concerning for me [reviewing the buggery law] and I am disappointed that we are still insisting to go back in that direction, because the matter was dealt with in the amended Bill of Rights earlier this year,” said Rev Al Miller, pastor of the Fellowship Tabernacle in Kingston.

Miller said he was equally disappointed with the Opposition Leader’s stance that she had no problem admitting anyone to her Cabinet once they were qualified to carry out their duties.

“I am seriously concerned about that, because it is saying that moral values becomes secondary to ability to perform,” the pastor said, adding: “That kind of approach would be difficult for Christians to support because character and integrity takes precedence over ability.”

The PNP has since released a statement on their site: 

PNP HAS GIVEN NO COMMITMENT TO REPEALING THE BUGGERY ACT

Kingston, December 22, 2011: 

The People’s National Party notes that following Tuesday’s leadership debate, some persons have been suggesting that PNP President Portia Simpson Miller, has given a commitment to “repealing” the Buggery Act. The PNP uses this opportunity to state clearly that Mrs. Simpson Miller gave no such commitment.

The PNP President said it was time that the Act be “reviewed” and all members of the House of Representatives provided with an opportunity to vote on the matter based on their conscience.

It would be expected that in such a vote, Members of Parliament on both sides of the House, would take into consideration the views of their constituents.The PNP President remains committed to her pledge to make appointments to a Cabinet led by her on the basis of competence.

Here comes some more reactions via the Jamaica Observer and the cartoon by Clovis seen below

THE pronouncement by Opposition Leader and People’s National Party (PNP) President Portia Simpson Miller during Tuesday night’s national leadership debate that a PNP government led by her would review the buggery law has set off a heated debate with many Jamaicans as well as some churches voicing strong opposition to any such move.

Observer staff reporter Kimmo Matthews yesterday sought the opinions of members of the public on Simpson Miller’s position.

‘Rastaman’

It is something that I would have to go think about, as I do not want to jump to any conclusion on what was said.

Judith Brown White: Supermarket Sales Rep

I have a problem with that decision. To carry out such a review is totally wrong. What it is promoting is totally against the teachings of the Bible.

Chevan Brown

I think it was a ploy to get votes.

Delroy Mitchell

It has been happening, not here in Jamaica only, and soon or later we are going to have to take a stance. I believe that the rights of citizens should be recognised.

Devon Campbell: Taxi Operator

Not in my cabinet! If a man a deal with him thing, mek him deal with it one side. So that means sooner or later, with this review of the law, my grandchildren can’t walk in peace.

Hubert Palmer: Security guard

We are to stop trying to put a pretty coating on the issue. That sort of practice should not be tolerated. What sort of message will that send to my little son down the road?

Chairmaine Mundle: Supermarket Sales Rep

That should never be allowed to happen. God has never created people to operate and entertain that sort of practice. Our country has a strong Christian faith and belief and that sort of practice should not be encouraged and that is what such a planned review will do.

‘Businesswoman’

Our source is God. Why are we trying to sell our souls for the almighty dollar? Jamaica is not a country that embraces that sort of practice. She is out of her cotton-picking mind and she should not sell her soul for the dollar.

Ian

It is full time we should try to move away from that sort of primitive approach and allow people to live their lives despite of their sexual orientation.

Richardo Wedderburn: Security Guard

She should have tried to come up with some different approach. I know because she is a woman she a go try balance the thing. But I believe a revision of such laws is going to affect us down the road.

Jonelle Jefferson: Secretary

I do not care what a man or woman wants to do with their life, but the Opposition needs to realise that it is Jamaica we are living in and we are not going to change our views and I think it is going to hurt her chances in the upcoming election.

Orlando Gayle: Security Guard

That is totally unacceptable. Such practice and support of such practice cannot be right at all. We burn that sort of practice. Her move or plans to review the law will certainly help to promote such practice.

Toney Bromwell: Taxi Operator

Idiot plan that. Jamaica no deal with that. A vote me feel she a look.

ENDS 

Also see:
Church angry, gays happy PNP on collision course with Christians ………………. but some of us are not impressed

and

On Buggery and gays in cabinets with politics ............ some responses ............

also here is the video from the leadership debate:

Also listen to a quick audio commentary I did on the issue recently: 

On Buggery & Gays in Cabinets ......... 21.12.11 

Convener of Families Against State Terrorism (FAST) has written to the Gleaner's Editor:  Impressed With Portia

Of note is the transforming Leighton Levy of the Star News who has been presenting more balanced writings on LGBT issues which is a last refresher on that tabloid's list, check out his latest offering here: 

Jamaica lost the debate!

" ........You want to know why we are going to hell in a hand-basket if we don't act soon? In a time when Jamaica faces significant financial issues that require brave and creative solutions, during a debate - the worst of the three - between the leaders of the respective parties Tuesday night, the big news coming out of the debate is whether either leader would employ a homosexual person to the Cabinet.

If I was asked that question during a debate about important issues, I would simply respond: 'First of all, how does one tell who is a homosexual and second, what difference does it make?' I find it extremely disturbing that neither individual found it necessary to rise above the fray and demonstrate the kind of leadership that Jamaica so desperately needs. In the grand scheme of things, are homosexuals the cause of Jamaica's problems and is ensuring that they are not in the Cabinet a guarantee that this country will find itself on a path to rapid recovery and success? It's kind of like waking up to find your house on fire and wasting time deciding what to wear before you flee the house.

Prime Minister Andrew Holness was disappointing in that he waffled in his response that really said nothing, one way or the other."

Peace and tolerance

H

Jamaicans weigh in on rejection of gay ad ......

The Jamaica Observer has been busy on the LGBT scene much to the possible dismay of the advocates with the vexed issue of not only the rejected ad campaign by the national television stations but the bubbling homeless MSM issues of which this blog is replete with posts regarding it from as early as 2009, the paper also carried today the point that JFLAG and Jamaica AIDS Support for Life has rejected seeing members of this community by banning them, sad it had to take a national expose to FINALLY get some needed attention to this issue in particular as my rantings and that of other dissenting voices who were and are conveniently ignored as we don't match the agenda and line that is to be carried.

Please also see:

Rowdy gays banned by J-FLAG, JASL .......... (Jamaica Observer)

JAMAICANS have expressed mixed views about a decision by Television Jamaica (TVJ) not to air a public service announcement (PSA) encouraging tolerance for the island's homosexuals. The PSA, which features former Miss Jamaica World and Miss Jamaica Universe Christine Straw and her gay brother Matthew, wants Jamaicans to embrace gay and transgendered family members and friends. On Thursday, Observer reporter Kimmo Matthews sought the reaction of several persons in the Corporate Area and St Catherine.

Beverley Harvey
I do not support the decison. I think the advertisement will enlighten people more and let them become more aware.

Dale Edwards
I disagree with the decision. Everybody have them rights.

Tyrone Erskine
We agree with them not to carry it. Doing that is like we going publicise and legalise such practice.

Christina Clarke
Yes, I support them (TVJ). Can’t give a full reason, but is just how I feel; we have a responsibility to uphold certain morals.

Kenisha Brown
Totally agree with (TVJ) their decision. It is just not right to carry such information.

Fitzgerald Hunter
I totally agree with them (TVJ) to not carry it. The reason why, I just believe certain things should not happen.

Tashane Wallace
Everyone decides what they want to do, I am not in support of the act, but it is a free country.

Kinania Linton
I agree with the television station. In terms of, I am thinking about the negative influence such an ad will have on the children.
ENDS

My two cents continued

I have said in previous posts I prefer the first ad with the many actors and players from the human rights arena including FAMILIES AGAINST STATE TERRORISM's FAST Yvonne McCalla Sobers and others:

PREVIOUS AD

TVJ RESPONSE

NEW AD

You decide

Peace and tolerance

H

When Arrested and taken to a Police Station you have the right to:

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.

Reactive - Human rights group says legislation won't guarantee catching criminals

published: Wednesday July 23, 2008

One of Jamaica's human rights groups yesterday described the Government's new anti-crime plan as reactive, saying it neglects how to ensure that criminals are caught.
"All of these legislation kick in after the person has been caught," said Yvonne McCalla Sobers, convenor of Families Against State Terrorism, adding that the problem was with "catching the people".

But McCalla Sobers said she felt more comfortable with the Government's proposal to detain criminal suspects for 72 hours instead of the 28 days that was being considered.
However, she wants to know whether the Government would prescribe penalties for police personnel who breach a detainee's rights.

Click Text above/below or post title for full article

Prime Minister Bruce Golding outlining the new crime-fighting measures in the House of Representatives yesterday.
PRIME Minister Bruce Golding yesterday promised tough new legislative measures to reduce crime, including a minimum 10-year sentence for gun crimes.

Peace

Preventive detention wrong

Wednesday, June 25, 2008

Dear Editor,

Preventive detention has existed in Jamaica for centuries. The colonial British, for example, detained thousands on plantations, in an effort to prevent them from exercising rights as human beings.
Since Jamaica's independence, we have had preventive detention in different forms for much the same reasons as in colonial times - to restrict rights of those deemed to have no rights in the first place.
Prime Minister Bruce Golding, supported by people such as Professor Don Robotham, seems to be planning to enshrine in law the practices that have exacerbated social divisions for the past 500 years. Preventive detention has for years followed a pattern that looks like this:
. The police raid a community and hold 30 to 100 or more youth. The police may know they are looking for someone called "Fishface", for example. However, they have no further information on this person, and no description.
. Most of the youth are released after "processing", but two or three are further detained.
. The police say the youth are detained in connection with "crimes committed in the parish", but provide relatives with no specifics on charges.
. Weeks or months pass during which the detainees remain in lock-up, often "awaiting identification parades".
. The detainees may face several identification parades till one is finally identified, usually on charges of illegal possession of a gun or ammunition.
. The detainee is transferred from the police lock-up to the Horizon Remand Centre. He remains there for two or three years while trial dates are deferred because no witnesses turn up in court, or no gun or ammunition is produced.
. At the end of the lengthy detention, the judge may throw out the case because of absence of evidence, or the detainee may be found guilty despite lack of evidence.
One of the effects of preventive detention is to tarnish an innocent youth's reputation and cause him to lose his job if he has been employed. Another effect is to convince a young offender that the police are not competent to ferret out his crimes, and that he can outsmart them because they seem too often to throw out a net and hope for an incidental catch.
Preventive detention had very limited impact on the plantation - lowering fear a bit between slave rebellions while increasing the hostility that arose from the social injustice in the first place. Some members of our present government have far more recent experiences of the trauma of preventive detention.
Hopefully, before our decision-makers yet again try to use gas to put out fires, they may realise the insanity of re-introducing past mistakes and expecting different results.

Yvonne McCalla Sobers

sobersy@yahoo.com