Caribbean LGBT Citizens Call on Governments to support 2013 resolution on sexual orientation/gender identity .......

At the eleventh hour, Jamaica, Guyana, Dominica and St. Kitts-Nevis withheld their support for a resolution on sexual orientation and gender identity and expression (SOGI) just before it was successfully passed by the Organization of American States (OAS) in Antigua Guatemala on June 6th. Two CARICOM states had done so earlier during negotiations; and another four qualified their support at the last minute.

Since the first one passed in 2008, a resolution on these issues had become an annual ritual in which every Caribbean state would join at the General Assembly of the 35-member intergovernmental body that helped pioneer the idea of international human rights. The InterAmerican human rights system also has some of the strongest protections of any regional human rights framework for lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, including a special unit of the InterAmerican Commission on Human Rights, overseen by Jamaican Commissioner and First Vice Chair Tracy Robinson. 

For the past two years, the SOGI resolution has urged states to do something about its lofty words domestically. Now this year, ten CARICOM states have flocked to attach reservations to it, some like Barbados, St. Lucia and Trinidad & Tobago without any clear substance.
“Caribbean governments are totally willing to talk about human rights, they want to give a good show on the issue, but they repeatedly prove unreliable in giving any teeth to those ‘commitments’”, said Colin Robinson, Secretary of the Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS), a 16-year-old indigenous LGBTI network which has recently set up offices in Castries, Kingston, Port of Spain and Santo Domingo. “The creation of Caribbean societies was founded on the persistent violation of human rights”, he said. “Postcolonially, Caribbean nations ought to be among the most visionary and eager champions of human rights. But when it comes to letting our people be free to enjoy their bodies with dignity, we’re clinging to pre-Emancipation practices, and proud to remain at the bottom of the class in the Americas.” FULL REPORT HERE

HELPING EACH OTHER STRENGTHEN HUMAN RIGHTS IN THE CARIBBEAN

Caribbean LGBT Citizens Call on Our Governments to Seek and Offer Technical Support and
Cooperation in Domestic Implementation of Commitments Undertaken in OAS SOGI Resolutions

Colonial development of Caribbean societies was founded on the persistent violation of human rights. These histories have given way to aspirational nationalist visions of inclusion, equality, autonomy and human dignity, and modern Caribbean nations ought to be among the most visionary and eager champions of human rights.

But we are not. Formal recognition and protection of human rights and personal dignity remain weak in most nations across the region. In several, Constitutional provisions protect colonial laws from legal challenge. Only two states have independent national human rights institutions, neither compliant with Paris Principles; just four have fully ratified the First Optional Protocol of the International Convention on Civil and Political Rights; only five are party to the American Convention on Human Rights, and just two accept the jurisdiction of the InterAmerican Court. Boasts of democracy and rule of law are vitiated by lack of access to justice for people who are poor and vulnerable. In restricting citizen access to supranational human rights adjudicating mechanisms, young postcolonial states – still developing national institutions, expanding social protection and building consensus on shared humanity after centuries of its denial to the majority of the population – deprive their peoples of the protection of frameworks designed expressly to backstop state weaknesses or negligence. For rightsbearers in such small-island developing societies, especially those who are minorities, violations and related impunity effect multiple ruptures to safety, dignity and livelihood.

Sexual citizenship is a bellwether of the Caribbean’s human rights inequality. We trail the rest of the hemisphere in recognition of the humanity and rights of LGBT persons as well. Eleven of our nations still criminalize private same-sex relations between consenting adults, and several have expanded this beyond the colonial laws we inherited. Sexual orientation has been deliberately excluded from post-Independence protection measures.

Homophobia affects us all, from growing anomie and homelessness among LGBT youth on the streets of our capitals, to heterosexual males’ persistent underachievement in our educational systems, to how we rob our national productivity of the contributions of whole groups of people. Our sister states in Latin America share rank with the Global North in political leadership and domestic institutionalization of LGBT equality and human rights. Meeting in Brasilia in April with Cuba to forge a regional perspective on how to advance sexual orientation and gender identity in multilateral human rights systems, they emphasized strengthened dialogue and cooperation mechanisms, including South-South and triangular ones, according to countries’ needs, to allow for sharing of good practices and incremental political changes.

On the occasion of our joint participation in the XLIII General Assembly of the Organization of American States, in Antigua Guatemala in June 2013, we appeal for a new partnership:

1.    to fully support the 2013 resolution on human rights, sexual orientation and gender identity/expression

2.    to approve, ratify and bring into force in domestic law the Inter-American Convention against All Forms of Discrimination and Intolerance jointly with the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance

3.    to request, receive and, where appropriate, provide technical cooperation from hemispheric and other partners in implementing domestic measures that fulfil the commitments of the suite of resolutions on human rights, sexual orientation and gender identity enacted at the General Assembly

4.    to strengthen domestic human rights education programmes and institutions, and build national cultures of human rights and plural citizenship

5.    to take significant steps to more fully join and to strengthen the InterAmerican human rights system

6.    to convene a CARICOM forum to engage with dialogue and cooperation on these issues.

We are the Caribbean Forum for Liberation and Acceptance of Genders and Sexualities. Our 16-year old non-governmental body, owned and operated by the region’s leading LGBT NGOs, is a regional network with offices in Castries, Kingston, Port of Spain and Santo Domingo and leadership in Suriname. In advancing an indigenous LGBT agenda for the Caribbean, we engage with regional governments and civil society, donors and international partners — to expand protective environments at the community-level where Caribbean LGBT people can enjoy safety and support and be linked to services, community, health, spirituality and empowerment; to build local LGBT infrastructure and leadership; to forge alliances, participate politically and electorally, influence policy and legislation; to utilize judicial and human rights institutions to ensure justice and access to the fruits of citizenship; and to build nations that reclaim the values of our Independence generation.

DECLARATION OF THE COALITION OF LESBIAN, GAY, BISEXUAL, TRAVESTI, TRANSEXUAL, TRANSGENDER AND INTERSEX PERSONS FROM THE AMERICAS
BEFORE THE GENERAL ASSEMBLY OF THE OAS.

LA ANTIGUA GUATEMALA, GUATEMALA, JUNE 4th, 2013

Mister Secretary General, Honourable Ministers, Representatives of Official Delegations, Civil Society Colleagues:

We, Lesbian, Gay, Bisexual, Travesti, Transsexual, Transgender and Intersex (hereinafter LGBTTTI) organizations, convened in Antigua Guatemala, Guatemala, from May 31^st to June 2^nd, 2013,

in accordance with the directives established by the OAS General Assembly in Resolutions AG/RES.2092(XXXV-O/05); CP/RES.759(1217/99); AG/RES.840(1361/03) through the resolutions AG/RES.1707(XXX-O/00) and AG/RES.1915(XXXIII-O/03), which set forth a regulatory framework to enhance and strengthen civil society participation in the OAS and in the Summit of the Americas process,

would like to express that:

The policies of repression and criminalization of drug possession for personal consumptionhave led to human rights violations of vulnerable groups. Decriminalization and a fresh perspectiveon this reality will reduce discrimination, resulting in processes of social inclusion and democratic guarantees.

In the countries of Central America, organized crime groups are controlled by neither the police nor any other arm of the state, which promotes citizen insecurity.

In this context, discrimination based on sexual orientation and gender identity has increased, with acts of verbal and physical violence, torture, cruel and inhuman treatment, forced disappearances, and killings as the extreme expression of such violence.

Trans persons are among those most affected by these attacks. They are also deniedtheir right to health, to education and to work, in short, to dignity. Lack of documents recognizingthe gender identity that trans persons have adopted and constructed, or conditioning their issuance on humiliating medical procedures, constitutes an insurmountable limit on their access to rights.

Low self-esteem among lesbian women, caused by a patriarchal system that ignores andstigmatizes them, makes them vulnerable to problems related to mental health, addictions, domestic violence, and also limits their access to comprehensive health care. In the “English-speaking” (Commonwealth) Caribbean, this same system pushes LGBTI youth into homelessnessand young heterosexual men to underperformance in school.

Eleven Caribbean countries – one third of the states in the Americas – continue to retain laws that criminalize and prohibit consensual same-sex intimacy, crossdressing “for an improper purpose”, as well as entry of foreigners based on their homosexuality. Some of these governments have very recently enacted or enforced such laws; others deliberately exclude LGBT persons from protections against discrimination.

In these contexts, access to justice and the mechanisms of human rights protection are weak, Constitutional protection excludes sexuality, access to supranational human rights defence mechanisms is limited, and Caribbean governments have declared that human rights protection ofsexual minorities requires a "political mandate" of the majority.

Nonetheless, in this context we welcome the conclusion of the negotiations on the draftInter-American Convention against All Forms of Discrimination and Intolerance, and appreciate theleadership role of the delegation of Antigua and Barbuda.

Therefore we demand that the Member States:

1. Sign, ratify and implement the Convention Against All Forms of Discrimination andIntolerance, as well as the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance.
2. Adopt legislation and policies in line with the commitments made in the resolutions "HumanRights, Sexual Orientation and Gender Identity" adopted by previous General Assemblies.
3. Create or strengthen Human Rights Institutions and implement educational programs thatdevelop a culture of human rights and pluralistic society.
4. Take measures to ensure access to justice and guarantee due process of the persons without discrimination based on sexual orientation and gender identity.
5. Adopt comprehensive and specific health strategies for LGBTI persons, with a particularemphasis on the different needs of trans persons.
6. Review their legislative frameworks by repealing laws that criminalize sex between people of the same sex.
7. Adopt laws that recognize the gender identity of trans persons.
8. Promote direct participation of LGBTI persons and civil society groups in dialogues, consultations, policy design and planning at national and local levels.
9. Adopt the Inter-American human rights instruments.

As well, we demand that the General Assembly:

-          Adopt the draft resolution "Human Rights, Sexual Orientation and Gender Identity and Expression" presented by the delegation of Brazil, whose initiative is appreciated;

-          Adopt the draft resolution "Inter-American Convention against All Forms of Discriminationand Intolerance"

-          Adopt the draft resolution "Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance."

Links
OAS General Assembly Resolution AG/RES. 2807 (XLIII-O/13): Human Rights, Sexual Orientation, and Gender Identity and Expression (Adopted at the fourth plenary session, June 6, 2013):http://scm.oas.org/ag/documentos/Documentos/AG06190E05.doc
InterAmerican Convention Against All Forms of Discrimination and Intolerance:http://scm.oas.org/ag/documentos/Documentos/AG06187E04.doc

Video
CariFLAGS engages Sec. Gen. Insulza (Zenita Nicholson 01;54:04 to 01:36:04; Colin Robinson 02:42:36 to 02:44:05): HERE

Antigua & Barbuda Alternative Representative Ann-Marie Layne Campbell introduces the InterAmerican Conventions Against All Forms of Discrimination and Intolerance and Racism, Racial Discrimination, and Related Forms of Intolerance: HERE (00:20:00 to 00:26:08)

Older men and Andropause or senior slump

In light of a just concluded series of workshops on gay men's health for older men forty and upwards it was interesting to see and hear some of the materials presented and that many of us have lived to see the marker despite an HIV /AIDS pandemic that wiped out and is still though slowly doing its damage to friends near and far. Despite the new technologies in pharmaceuticals and lifestyle choices that can extend our quality of life and lifespan we still as gay and bisexual men have to be cognizant of maintaining as we age gracefully and be ever more vigilant. I had done this post some years ago on my sister blog Gay Jamaica Watch how timely that it has come to be relevant some four years later, have fun:

Older men and Andropause or senior slump

image from: Procrea Test

As we age and live longer as gay and bisexual men I thought it prudent on the strength of a Facebook discussion thread in one of many Gay men over forty group/pages to share this information. I was shocked to learn that so many men have erectile dysfunction issues or diabetes leading to similar problems coupled with lowering testosterone levels. Several men want to of course continue living in healthy relationships especially worldwide with gay marriage becoming a reality co-habitation is made even more a social norm. However sexual health is crucial for men if such co-habitation is to be any meaningful separate and apart from friendships.

Andropause is the equivalent to or mimics the menopause condition that older women have in their years of life. It is basically a steady drop in the male hormone testosterone below the normal levels over time which affects nearly every other thing in the males’ body which can lead to erectile dysfunction, mood swings similar to menopause in women and fat deposits around the mid section of the body which may eventually lead to other lifestyle diseases and problems such as diabetes.

It is also called ADAM – Androgen decline in the aging male,

SHAM – shifting hormones in the aging male and another colloquial name is macho pause.

Symptoms and suggestions

Symptoms include loss of desire for sex as interest in sex falls otherwise known as the senior slump, erectile dysfunction and paranoia due to lack of sexual desire with frustration setting in. Irritability and depression with loss of sleep are spin offs as well due to the problems in their respective relationships. Hot flashes and severe mood swings with more frequency as the problem ages. On an average andropause may set in as the testis shrinks slowly and the adrenal gland that produces testosterone begins a slow decline of production of the hormone thus decreasing the availability in the male body usually in the early to mid fifties in most men, it can be earlier but it progresses as one gets older. It unfortunately a natural process for the testosterone levels in a man to fall but there may be some things one can do to maybe delay or significantly slow this occurrence.

Maintain a healthy lifestyle is one broad way then exercise and nutrition come into play as well. Avoid smoking, proper stress management skills, resting well, lowering or eliminating alcohol intake and eating well are recommended though simplistic as they may sound. Avoid or seek to decrease the physical condition of central obesity or fat around the tummy although our Jamaican culture prides “Big Belly Men” as sugar daddies or a sign of prosperity in life it can be dangerous especially as it relates to andropause. As the belly gets bigger the testosterone levels get lower and the testis get smaller as well. The actual belly fat is a sign that a man is actually producing less testosterone among other ailments and conditions as well.

Back pain is not necessarily a sign of andropause as Jamaicans like to attribute sexual prowess by the conditions of the back there may be other reasons why an older man may have back pain such as heavy object lifting or improper posture while seated and took much weight by the pot belly pulling on the rest of the body. There is no specific diet that promotes testosterone production one has to manage every day diet reducing fat intake, carbohydrates and sugars. A test is available known as a Testosterone Level which can determine the levels of the hormone in the body and possible limited testosterone treatment but not all men qualify for this kind of intervention. If a man has a very large prostate or signs of prostate cancer, heart disease, liver disease then they do not qualify for testosterone treatment. However if one doesn’t have those predisposing factors then there are dosages of testosterone that can be administered by a qualified professional.

Cardiovascular effects

The fall in testosterone levels has a number of negative effects on cardiovascular health it modifies the system, it can accelerate hardening of the blood vessels, the belly fat around the tummy area often time seeps into the bloodstream which speed up the levels of cholesterol which causes impaired circulation to the heart or long term heart disease.

Andropause can speed up the aging process tremendously. 

The emotional and behavioural changes can lead to violent reactions which paranoia men are usually very unhappy due to erectile dysfunction and with both partners in a heterosexual sense having meno and andropause it can be very confrontational. Services are available through sex therapists and Urologists (specialist who looks at problems of the urinary system) who can determine and recommend ways to resolve the issues, the urologist can test for testosterone levels and prescribe treatment where appropriate.

Bone density issues

Bone density may be affected as well as testosterone is a substance produced in the testis and the adrenals that an effect on several other parts of the body’s function. The hormone with the adrenals helps to build protein and influence the production blood cells in the bone marrow and bone formation so if one testosterone levels begin to fall one can loose bone mass thus affecting cell production which may lead to osteoporosis where the bones themselves become porous making the individual prone to fractures easier than normal.

So fellas begin to adjust your lifestyle as you get older we too have our challenges as we age not only the ladies.

Peace and tolerance

H

New EU asylum rules will better protect LGBT people

The European Parliament on June 12, 2013 adopted a new version of the European Union law on asylum procedures. The text contains notable improvements for LGBT asylum-seekers.

 

The new Directive now foresees that some asylum-seekers “may be in need of special procedural guarantees due [...] to their age, gender, sexual orientation, gender identity [...]“.

When receiving an asylum application, Member States must now assess “whether the applicant is an applicant in need of special procedural guarantees” listed above.

Member States must now make sure LGBT applicants’ special needs are met, including if they are identified as such later during the asylum procedure.

Dennis de Jong MEP, Vice-President of the LGBT Intergroup, commented: “It isn’t easy to explain their story for many people who fled their country because of their sexual orientation or gender identity.”

“Sometimes they only explain the real reason for fleeing much later in the procedure, and that can lead to contradictory statements. With the new rules, this can no longer lead to a decline of the asylum application.”

The text was agreed after a four-year debate between the European Parliament and Member States.

Sylvie Guillaume MEP, Rapporteur for the Directive, explained: ”Thanks to the revised Directive adopted today, EU asylum law now includes a mechanism to identify vulnerable asylum seekers, including on the ground of their sexual orientation and gender identity.”

“This was strongly opposed by most Member States, and it’s one of our very clear achievements.”

“States will now have to identify asylum-seekers who need special procedural guarantees, determine the nature of these needs, and respond to them adequately. We will be very vigilant to the implementation of this Directive by Member States, and particularly to the effectiveness of the identification mechanism.”

These new rules will apply after they are transposed into Member States’ national laws, except for the United Kingdom and Ireland who opted out of the process. Denmark may align its law with the new rules, but is not legally obliged to.

Read the new EU Directive on common procedures for granting and withdrawing international protection (recast)

JFLAG Position Statement on Upcoming Conscience Vote on Jamaica’s Buggery Law

(photo scanned from an article in print in 2012)

J-FLAG welcomes the government’s announcement that a conscience vote will be scheduled for the promised review of the buggery law. This commitment was one of the major contributions of the current Prime Minister in the lead up to the 2011 General Elections and was a bold and decisive political move that we laud the Prime Minister for making.

Sections 76, 77 & 79 of the Offences Against the Persons Act of 1864, collectively referred to as ‘the buggery law’, criminalize “the abominable crime of buggery” (defined as anal sex with any person or animal) and “gross indecency” (intimacy) between men. We submit that these catch-all definitions are inappropriate since they criminalize the sexual relationships of consenting adults in private and possibly violate the constitutional right to privacy of the home.

J-FLAG’s position on the buggery law has evolved over the years. Our appeals for the definition of rape in the Sexual Offences Act to be gender, orifice, and object neutral have been met with resistance, and therefore in the interest of protecting the most vulnerable Jamaicans we are not agitating for a repeal of the buggery law. Instead, we are requesting an amendment to the law to differentiate between consensual and non-consensual anal penetration.

As our parliamentarians engage in this review process, we urge them to consider the following:

1. We suggest that Section 76 of the Offences Against the Person Act read: “Whosoever shall be convicted of the abominable crime of buggery, committed with any person without consent, shall be liable to be imprisoned and kept to hard labor for a term not exceeding ten years.” – This amendment will serve to decriminalize the intimate acts of consenting adults in private and to affirm the Prime Minister’s position that she is not interested in “prying into the private business of anyone”.

2. We believe that bestiality should be a separate offence as is the case in Barbados and Trinidad & Tobago which have similar buggery prohibitions. The conflation of buggery and bestiality is problematic and inappropriate because it isan affront to the human dignity of consenting adults who should be free to engage in acts of private sexual intimacy.

3. We ask that Parliamentarians clarify the definition of an “act of gross indecency” pursuant to Section 79 of theOffences Against the Person Act and kindly request that this section be brought into alignment with the proposed ethos of no longer criminalizing consensual same-sex intimacy in private.

To reiterate, J-FLAG wishes for legislators to understand that we are calling for a reading-down of the buggery law to de-criminalize the acts of consenting adults in private, NOT the repeal of the law itself.

We are open and available to assist our parliamentarians with information to act in good faith in their review of the relevant sections of the statue and anticipate a rational debate that recognizes the rights and honours the inherent dignity of every Jamaican citizen.

also see: Buggery law conscience vote for parliament soon ...

Read this document on Strengthening the Charter of Rights

also

On June 25, the Supreme Court will decide whether to proceed with a constitutional challenge by a gay man to the colonial-era buggery law. Here are the key facts in the case of Javed Jaghai v The Attorney General of Jamaica.

UPDATE JUNE 20 2013

FOR IMMEDIATE RELEASE
June 20, 2013 | Kingston, Jamaica

J-FLAG URGES MEDIA PRACTITIONERS TO FOLLOW ETHICAL STANDARDS
In recent weeks there has been a spate of negative coverage in the press concerning the Jamaican Lesbian, Gay, Bisexual, and Transgender (LGBT) community. This type of coverage has in several instances reinforced negative stereotypes about gay identity, and used pejorative and incendiary language to sensationalize otherwise innocuous stories.

With reference to a report published in the Jamaica Observer of June 20 under the headline “Gays promise ’hell and powder house’ Sunday”, the author revealed that the source of his/her information was an email sent to the newspaper by “an apparent homosexual group”. For the editorial team to feel it was reasonable to treat this email from an unknown source with the level of significance it has given it is irresponsible. For them to go further and to publish these details in an already tense social environment under a sensationalist headline is reckless and unethical. As in previous interventions with the Press Association of Jamaica (PAJ), J-FLAG urges all media practitioners to follow ethical standards in the pursuit of their noble profession.

J-FLAG supports the democratic right of church groups to peaceful assembly and the exercise of their freedom of speech, and religion. Indeed, we celebrate this freedom; however we urge that the rights and freedoms of LGBT Jamaicans be similarly recognized by all citizens.
We reserve the right to disagree, both publicly and privately, with what we perceive as concerted efforts to limit the quality of citizenship of sexual and gender minorities in Jamaica.

J-FLAG, in its capacity as representative for a vibrant community of Jamaican citizens of diverse sexual and gender identities, is willing to work with all stakeholders in the media to ensure balanced and fair reporting of issues affecting the LGBT community and the interest of the broader public.

An interview on Nationwide Radio 

J-FLAGging A Dead Horse? (Gleaner article)

Sociologist Dr Orville Taylor wrote this piece on Sunday as per requests see my response below in audio and also a response to Ian Boyne latest article as well.

Jamaica is not as anti-gay as some of the gay-rights anti-nationalists would like to portray. Gay persons who get credible threats in this country can get the police to act.

Orville Taylor

I defend the right of people to fight for what they believe in. That is what democracy is about. Similarly, being the sociologist that I am, my uncompromising view is that the fundamental task of society is to preserve and to perpetuate itself over time.

True, rights of the individual are sacrosanct. However, according to Article 29 of the United Nations' (UN) Universal Declaration of Human Rights, they are "... subject ... to such limitations as are determined by law ... and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society".

Despite activism, the UN has not yet accepted that gay rights are fundamental human rights. Jamaica's Charter of Rights does the same. So, you can't defend what is not yet yours.

Moreover, Article 21 (3) declares that the "... will of the people shall be the basis of the authority of government ...", and Article 16 (3) states, "... Family is the natural and fundamental group unit of society and is entitled to protection by society and the State." This is what the majority of Jamaicans feel. This does not equate to homophobia, whatever the word means.

But, tell me, in real terms, what do the gays in Jamaica want? It can't be freedom from prejudice, because this is a country where people still think that I am pigmentally unsuitable to date vanilla-skinned women. Some persons think Indians have certain associations with callaloo; white people are 'raw'; Chinese would quickly swallow up Doran Dixon's intemperate references; while Maragh says, "'Karpar' head look like black pepper grain", and good 'air is not simply a tyre brand. The point is: People are going to hold on to their beliefs and preferences about persons who are different.

It is free speech. So what, if someone calls me the pejorative 'nayga bwoy'? As long as 'him no touch a button', or stops me from working, I am OK.

Jamaica is not as anti-gay as some of the gay-rights anti-nationalists would like to portray. Gay persons who get credible threats in this country can get the police to act. Ask the overly rambunctious guys in New Kingston if the boys and girls in blue do not respond. In fact, some citizens feel that those progressive cops have, in a manner of speaking, bent over backwards to accommodate them, despite their being nuisances.

Indeed, the recent impotence of the police to stop the continued occupancy of the upscale property in Millsborough has many ordinary Jamaicans wondering what the police would have done if the culprits were straight.

gross idea

Nevertheless, I am willing to bet that the majority of persons who think that they are gay-tolerant are so only because it is out of their sight and they do not visualize the mechanics of it. It is not too dissimilar to the avowed meat-eaters, who can't stand the slaughter of chickens, or their pet goat. A fact that too many gay advocates, including many lesbians, don't readily admit is that the idea of two men copulating is gross and disgusting to the average person.

Epitomised in the words of my dear friend, and unapologetic 'peniphobe' lesbian, "If I don't like one, how can I stomach seeing two?" The point is, the majority of Jamaicans find gay sex unpalatable and don't need to be reminded of it up in their faces. And by the way, if you think you are gay-tolerant, rent and watch a male-male gay Blu-Ray DVD.

Now, that is a far cry from legitimising any kind of harassment against the community. For the record, unless you can prove that someone is a practising homosexual or he comes out of the woodwork swinging, you can be sued for defamation. Furthermore, if the police catch a pair of men having relations, they have no authority to do anything except arrest them. Only if they resist and behave 'bwoystirus' is the arresting cop empowered to use force. Making any denunciatory statement about them is against the policy of the High Command.

And, yes, the UN Declaration and our Charter both dictate that any inhumane treatment of accused persons is a human-rights violation. Nothing, in law or practice, gives anyone the right to use or promote violence, except where a person is a credible and present threat and danger to others.

Thus, 'B—-ybwoy fi dead!' is not free speech; it could be an incitement to violence, because, despite the majority of well-thinking Jamaicans having no proclivity to harm gays, there are some idiots who will take it as a call to action. Furthermore, there are laws against threatening persons, and the pointing of fingers is common assault.

Maybe lawyer Maurice Tomlinson can advise me, but I believe that someone who wilfully promotes violence against others is committing a crime in Jamaica. If not, this must be a direction for the legislators to look.

unfair label

Nevertheless, it is about time that people stop telling lies on their country in order to fulfil personal agendas. In 2006, Time Magazine maligned this country by describing us as the most homophobic country on earth. At the time, I rebelled against the label and implored the J-FLAG representative, on air, to reject this lie, because they live here. On my radio programme and on TVJ's 'All Angles', I said that there were 80 nations that were more anti-gay. My position is still the same. According to the UN, 75 other countries apart from Jamaica have anti-gay sex laws. Moreover, at least five nations have the death penalty.

The fact that J-FLAG's representative can travel unmasked in Jamaica and speak out on national television, and the lawyer, who ran away because of mortal fear and, surprisingly, is brave enough to be here to sue the media, proves the label is pathological mendacity.

Nonetheless, I acknowledge that some gay persons have been harassed and killed, but that is not the norm, and many other categories of Jamaicans suffer violence.

Jamaica has had public figures and ordinary 'effemophiles' who have lived in relative peace. It is simply not true that the average gay man or woman has to run for his/her life in this country. Never mind that people call them, the sound of a motor car horn; most women on this island can hardly walk in peace, without some idler saying nasty things to them, some of which the yokels think are compliments.

My position is simple: As with the many times mentioned in the 2003 case of Lawrence v Texas, my position is that Government needs to keep its agents out of people's bedrooms. Thus, police should not go into persons' homes if the only crime they are investigating is adult consensual buggery. However, sex on the beach (other than the drink) is arrestable for hetero and homo. And if a guy wants to display behaviour that is contrary to the norms, he must allow for the freedom of others to call him what they want, because this is a free country. However, they must not touch or threaten him.

Thus, let's keep it simple, truthful, fair.

Dr Orville Taylor is senior lecturer in sociology at the UWI and a radio talk-show host. Email feedback to columns@gleanerjm.com and tayloronblackline@hotmail.com.

ENDS

my response:

Other response:

Intellectuals' Queer Ignorance

also see

Dr. Orville Taylor on “The Gays Already Won”