Legal battle brewing - Lawsuit over Trinidad & Tobago anti-gay laws

Legal battle brewing
Lawsuit over TT anti-gay laws
Rachael Espinet, Newsday, October 25, 2013, Page 15

SIR GEORGE Alleyne, former UN Special Envoy on HIV/AIDS and editor of the book Legal and Policy Perspectives on HIV and Human Rights in the Caribbean, says the book is a serious commentary on HIV and human rights and the legal policy implications of HIV in the Caribbean.

Speaking with Newsday yesterday at the University of the West Indies (UWI) Sports and Physical Education Centre (SPEC) in St Augustine, after its annual graduation ceremony where he is the Chancellor of the university, he said: “What it does is it looks at policy issues; legal issues that have to be addressed and we address that certain approaches need to be taken to address these issues.”

When the book was launched on Tuesday, gay rights activists condemned the United Nations AIDS [sic] (UNAIDS), for having the event in Trinidad. UNAIDS and Pan Caribbean [sic]sponsored the book; however the objection comes from Trinidad having an immigration law that prohibits homosexuals from entering the country.

In Section 8 of the Immigration Act, “prostitutes, homosexuals persons living on the earnings of prostitutes or homosexuals, or persons reasonably suspected as coming to Trinidad and Tobago for these or any other immoral purposes are prohibited from entering the country.”

Thus legally, non-national homosexual persons who were invited to the book launch would not be able to attend or they would be breaking the law. Maurice Tomlinson, a Jamaica lawyer and legal adviser for AIDS Free World, was one such person who would have been legally barred from attending.

Though legally members of the lesbian, gay, bisexual, and transgender (LGBT) community are barred from entering the country, the law is not enforced. In 2007, Members of the public were rallying to stop openly gay performer Elton John from entering the country. However, the government gave a waiver for John to sing in the Tobago Jazz Festival.

Currently, through AIDS Free World, Tomlinson is suing Trinidad and Tobago to remove homosexuality from the prohibited list. On November 12 Tomlinson will challenge Section 8 of the Immigration Act at the Caribbean Court of Justice (CCJ).

Alleyne stated, “Much of what is written has been written by people who have not read the book, and really don’t appreciate what the substance of the discussion is all about.” He added that he and UWI have an “intolerance to all forms of intolerance” and in his graduation address on the Cave Hill campus, “I addressed this issue of intolerance and discrimination pointing out that there is intolerance of intolerance in all forms as part of our university’s policy.”

Colin Robinson, director of the Coalition Advocating for Inclusion of Sexual Orientation (CAISO), said, “The controversy around the event has brought attention to the outrageousness to the immigration law.”

However, Robinson said while CAISO supports the legal actions against the country’s law suit [sic], “The question of wether [sic] there should be a boycott of Trinidad and Tobago for events that would advance the position of the LGBTI (lesbian, gay, bisexual, transgender, intersex) community is a matter that AIDS Free World has not discussed with us.”

A release from AIDS Free World stated “It goes without saying that demonstrating indifference to hateful laws as though they were of no consequence is hugely damaging in the iight against HIV and AIDS.

“There is no question that the book will address the issue of high-risk groups, men who have sex with men (MSM) in particular. And with that in mind, many gay men from around the Caribbean would wish to attend, and indeed, some of them have undoubtedly received invitations (Tomlinson included). Neither Maurice nor any of his gay colleagues from outside Trinidad can attend. Why?

Because the immigration law of Trinidad and Tobago explicitly prohibits the entry of homosexuals.” The release continues to say, “Holding the book launch in a country that bars entry to homosexuals is a direct contradiction of the recommendations of the Global Commission on HIV and the Law (that UNAIDS co-sponsored), and an equally direct contradiction of the Executive Director of UNAIDS, who has said time and again that UNAIDS has zero tolerance for discriminatory laws.

Justices on the leave hearing panel were back row, left Jacob Wit (Netherlands Antilles) and Winston Anderson (Jamaica) and front row: Rolston Nelson (Trinidad & Tobago), CJ Sir Dennis Byron (St. Kitts & Nevis) and Winston Saunders (St. Vincent & the Grenadines)

UPDATE: the CCJ reserved judgement - 

Caribbean Court of Justice reserves judgement on Maurice Tomlinson case on barred entry due to sexual orientation

Asexual awareness week is October 20th – 26th

Asexual awareness week is October 20th – 26th!

Let’s talk about asexuality, the lack of sexual attraction to other people. Have you heard of it before?

Chances are you haven’t, so let’s talk about it now.

“So is that like celibacy, or abstinence?” In short, no. Both of these are active choices, but asexuality is a sexual orientation; and being asexual doesn’t mean someone will never have sex.

“But if someone has sex, surely they’re not asexual?” If a gay man has sex with a woman, does that make him straight? No. Being attracted to someone, being able to feel sexual pleasure and wanting to have sex are three very different things.

“Can asexuals fall in love?” Yes, they can. Romantic attraction and sexual attraction are two different things. While some people may be aromantic as well as asexual, others still date and seek long-term partners.

“That’s silly. They just need to try it/find the right person.” Sounds just like “she’s not straight, she just hasn’t found the right girl yet.” Most people don’t need to have sex to know to whom they are attracted, so it doesn’t make sense to say that someone can’t know whether they are asexual, too.

“Ok, I’ll accept all that. But why should I care?” Sexuality is a very prominent part of our society, and asexuals make up a very small percentage of the population. This makes it easy for asexuals to believe they are alone in feeling this way, even that they are “broken”. Raising awareness helps asexuals to be comfortable with themselves, and to be open about their feelings without fear of alienation.

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Additional Asexuality Awareness Resources

“Asexual Awareness Week began in 2010 as a campaign targeting the LGBT community and its leadership for greater awareness. California activist Sara Beth Brooks joined with AVEN founder David Jay to plan the first year which was primarily conducted online through blogs and web visibility.” – AsexualAwarenessWeek.com

Asexual Awareness Week Official Homepage

http://asexualawarenessweek.com

(A)sexual The Movie

Directors’ Description: “Facing a sex obsessed culture, a mountain of stereotypes and misconceptions, and a lack of social or scientific research, asexuals, people who experience no sexual attraction, struggle to claim their identity.”

Available at Netflix. Find other streaming locations at IMDB or visit the film’s official homepage for more information: www.asexualthemovie.com

Videos: Asexuality In the Media at Asexuality.org

The asexual community has grown with a great deal of welcome public exposure. Below are video clips from various television appearances, courtesy of YouTube.http://www.asexuality.org/home/video.html

Acebook

Acebook is a unique dating and social networking site for asexual people. http://www.ace-book.net

The Asexual Lesbians Community

A private community for asexual lesbians. Per the homepage, guests “are limited to certain areas of the board and there are some features you can’t use. If you join our community, you’ll be able to access member-only sections, and use many member-only features such as customizing your profile, sending personal messages, and voting in polls. Registration is simple, fast, and completely free.” http:// z4.invisionfree.com/Asexual_Lesbians/index.php

Resources from Everything’s A-Okay!

People in the YouTube outreach video include asexual bloggers and activists:
Amy (amygdala)
Robin L (http://iamvincentliu.tumblr.com/)
QueerAsCat (http://www.youtube.com/user/QueerAsCat)
Swankivy (http://youtube.com/user/swankivy)

For more information on Asexual Awareness Week, visit http://asexualawarenessweek.com/.

Everything’s A Okay will be continuing their asexuality series soon, with a video on ‘Forming Relationships’.

Everything’s A-Okay is an organization that works to spread visibility and education on LGBTQ+ issues, as well as to provide support to those in the queer community who need it. You can visit the website at http://a-okay.org/ for more information on asexuality.

Asexuality.org encourages you to start a conversation in your community, and if you need support or want to share resources with others, they recommend you call the Trevor Lifeline toll-free at 866-488-7386.

EU adopts historic intersex resolution

Some good news just a day prior to the Intersex Awareness Day normally observed on October 26th annually since 1996.

article Courtesy of Heather Cassell

The Parliamentary Assembly of the Council of Europe took a historic first step toward protecting intersex children with the adoption of Resolution 1952 (2013), Children's Right to Physical Integrity, October 3.

It is the first time the union has ever addressed the bodily integrity of intersex children.

It is also the first of its kind resolution to address intersex children from a human rights perspective, rather than a medical approach, to maintain the right to bodily integrity. It calls for the "end of cosmetic medical and surgical treatment," according to the joint news release by the International Lesbian, Gay, Bisexual, Trans and Intersex Association and the Organization Intersex International Europe.

The resolution was drafted in partnership by the ILGBTIA and OII-Europe.

ILGBTIA is a non-governmental organization working on behalf of LGBTI rights. OII-Europe is the European branch of the OII, an international organization working for the rights of intersex individuals.

The resolution not only protects intersex children from medically altering their bodies without consent, but also includes other cosmetic procedures, from circumcision to piercing to tattooing.

The resolution also calls upon council members to direct member states to "undertake further research to increase knowledge about the specific situation of intersex people," according to the release.

Garnering more specific details about intersex individuals' lives includes ensuring that no one is subjected to "unnecessary medical or surgical treatment that is cosmetic rather than vital for health during infancy or childhood" and to "guarantee bodily integrity, autonomy and self-determination." It also calls for adequate counseling and support for families with intersex children.

Representatives from OII or OII-Europe were unable to respond to a request for comment by press time.

The signing of the resolution is a part of a new ongoing effort of the Foreign Affairs Council of the European Union to protect LGBT including intersex individuals' human rights.

In June, the same council published comprehensive and legally binding guidelines to EU institutions and member states outlining progressive ways to advance human rights for LGBT and intersex individuals. The guidelines cover contacts with third countries and with international and civil society organizations.

Debating circumcision rights

Not everyone is happy with the resolution. Leaders of Israeli and European Jewish organizations spoke out harshly against the resolution, which included brit mila, the traditional religious ritual where male children are circumcised.

"This is a sign of anti-Semitism, in my opinion," Benjamin Albalas, president of the Central Board of Jewish Communities in Greece, told the Jerusalem Post.

Religious ceremonies that require any type of alteration of a child's body for non-medical reasons were included in the resolution, along with female genital mutilation.

Any suggestion to ban circumcision "sends out a terrible message to European Jews that our practices, and therefore our very presence on this continent, is treated with disdain," said Moshe Kantor, president of the European Jewish Congress, reported thePost .

A large majority of the 642 delegates voted to remove a reference to the "religious rights of parents and families" from the measure, reported the Post.

Rabbi Menachem Margolin of the European Jewish Association based in Brussels pointed out that scientific information used in the report wasn't complete, not including opinions from experts from the World Health Organization about the positive health aspects of circumcision, she said.

To listen to sections of the report and presentation, visit http://www.lgbt-ep.eu/intergroup-documents/summary-trans-and-intersex-people-challenges-for-eu-law/.

New LGBT general rapporteur appointed to EU

Robert Biedron was appointed as the new general rapporteur on the rights of LGBT people of the Parliamentary Assembly of the Council of Europe.

The appointment was made unanimously by the Committee on Equality and Non-Discrimination on September 17 in Madrid, but news of Biedron's new post wasn't publicly announced until October 2.

Biedron, a 37-year-old gay politician, replaces Hakon Haugli, who was the first holder of this mandate, according to the assembly's website.

Biedron was elected to the Polish Parliament in 2011 and has served in the EU and on the committee. He is also the vice-chairperson of the Committee of Justice and Human Rights and was the first openly gay member of the Committee of Foreign Affairs at the Sejm.

Biedron's responsibilities in his new role include intervening, protecting, and promoting LGBT rights, particularly related to discrimination on the grounds of sexual orientation and gender identity. Additionally, Biedron will report periodically to the committee on information collected and actions taken related to violations of LGBT rights, which remain a problem, he said in an interview on the committee's website.

Biedron believes that continuing to relay the message that LGBT rights are basic human rights is "crucial" throughout Europe, he said.

Other top issues on his mind are protecting transgender individuals and focusing more attention on the needs and rights of LBT women in the EU.

"Violations of the rights of LGBT people are indeed a major problem in Europe," said Biedron, pointing out that the EU has adopted several resolutions and recommendations on LGBT human rights. "I will follow up on their implementation. My roadmap will be the recent report by Mr. Hakon Haugli, former general rapporteur, on 'tackling discrimination on the grounds of sexual orientation and gender identity.' I will do my best to continue his excellent work."

Sexual diversity conference focuses on advocacy

The first Caribbean Women and Sexual Diversity conference organised by the St Lucia human rights organisation United and Strong Inc (U&S) and Fundashon Orguyo Korsou/Curacao Pride Foundation (FOKO) brought together 35 women from 14 countries for a week-long conference in Curacao that dealt with advocacy around LBT women.

In a release, U&S Co-Executive Director Kenita Placide said the gathering sought to educate and empower women to stimulate and strengthen the movement.

“Human rights are challenged by authorities, institutions and establishments that seek to suppress our right to express ourselves and articulate our opinions. LBT people should not be left behind in the growth of Caribbean society. This conference is about our duty to self, our duty to fight against the injustices and prejudices subjected to this minority group. The road to social justice is not an easy one and requires revolutionary change. It is still not without passion and great sacrifices.”

Under the theme Strengthening the invisible woman and empowering her to leadership, activists identified critical issues affecting LBT women in the Caribbean and defined action to address them. Facilitators covered topics that include self-defence, activism and movement building, proposal writing, media, law and history.

Essential to the CWSDC was the contribution of funding partners. The Caribbean Forum for the Liberation and Acceptance of Genders and Sexualities (CariFLAGS), Arcus Foundation, ARC International, the International Gay and Lesbian Human Rights Commission (IGLHRC), Global Equality, the Astraea Lesbian Foundation For Justice and Envisioning Global LGBT Human Rights, gave invaluable support and advice.

CariFLAGS Co-Chair Tieneke Sumter highlighted the network’s support. “CariFLAGS was happy to support the CWSDC. Giving support to LB&T initiatives is one of our priorities. As participant and facilitator at the CWSDC I took with me how important it is that L&B leaders and activist from the region have a space where they can share knowledge, learn from each other best practices but also empower each other. In many Caribbean countries the issues L&B women face are invisible and some leaders have to pioneer alone with no resources. The CWSDC created a space where we just could BE, make new friends and load up our energy to continue to strive for equal rights for all.”

The event was staged alongside Curacao Pride celebration and incorporated several pride activities. Among these was the award ceremony recognising individuals who have contributed to the LGBT movement. Placide was recognised along with Mario Kleinmodig and Dudley Ferdinandus of FOKO and Faye Ferdinandus of CariFLAGS.

In acknowledging the award Placide notes, “This is a tribute to everyone who has worked and supported the movement and me. Thank you to deceased Robert Carr, Egbert Felix, Joan Didier for identifying and giving the opportunity for my leadership to shine.”

On Being a "Good Gay"

ON BEING A "GOOD GAY."

Maurice Tomlinson gay lawyer shared this recently:

 

Last night after a screening of "The Abominable Crime" at Nova Southeastern University in Fort Lauderdale, an older Jamaican gentleman declared that the recent attacks against Jamaican LGBT are a result of the new generation of gays "flaunting" their sexuality. Basically, he intimated that we should be more like (in his words) the 4 current gay Ministers of government in Portia's cabinet, as well as the former Vice-Chancellor of the University of the West Indies, Rex Nettelford whom he claims to have known personally and whose homosexuality was universally known. If homosexual Jamaicans were "good gays" like these people, we would be fine! This naive statement ignores the anti-gay hostility being whipped up by the churches in response to the legal challenges to the anti-sodomy law. This year we have seen island-wide anti-gay religious marches, church petitions calling for the retention of the anti-buggery law, and a pastor used a public platform to trumpet that religious leaders are willing to die rather than "allow" human rights for gays being recognized in the country.

Perhaps the most troubling statement this man made was that because Jamaica is a hyper-masculine society which celebrates "cocksmen" or male heterosexual prowess, gays who transgress this cultural norm should not be surprised at the backlash.

I tried to explain that gay Jamaicans have the SAME CONSTITUTIONAL RIGHTS to freedom of expression as all citizens and therefore it is unreasonable to demand that we should be invisible, just to make heterosexuals comfortable. Certainly 16 -ear-old Dwayne Jones did not deserve the horrible mob-execution simply for wearing a dress to a street-dance. I also asked this gentleman if he would attack gays in Florida who "flaunted" (whatever that means) their homosexuality, to which he declared that he certainly would not, solely because he has been in the US for 46 years. I guess its ok to demand gay invisibility in Jamaica but not overseas.

This senior gentleman also fails to realize that many gays are attacked IN THE PRIVACY OF THEIR HOMES, where they are certainly NOT visible. And many gays who think they are not "flaunting" are attacked. This was my reality.

Finally, this individual declared that I was like our former Prime Minister, the Most Honourable Michael Manley, who tried to SHOCK Jamaicans into going leftist too quickly, hence his policies were rejected. I hardly think that advocating for a 1864 British colonially imposed law to be "read-down" to simply allow for private acts of intimacy between consenting adults is being particularly radical! At least, not when all over the world gays are getting the right to marry!

Although I doubt I made much of an impact on this gentleman, I was happy he came to the event.

An question from the audience was whether a boycott would be useful to force the Jamaican government to take gay rights seriously. There were some strong opinions on either side. One gentleman reminded the audience that Florida had the tragic Trayvon Martin situation which could also warrant a boycott of that state. While I hear his point, I disagree that Florida and Jamaica are similar. At least in Florida there is the possibility of justice (though sometimes delayed/denied) for marginalized groups. On the other hand, homeless Jamaican MSM are having a very difficult time getting justice as police refuse to investigate their attacks unless they can provide the NAMES and ADDRESSES of their attackers!

I am still wrestling with the idea of a boycott, but I did remind persons that if they find it unethical to spend their tourist dollars in Jamaica because of the recent upsurge in homophobic assaults, then they should LET THE GOVERNMENT KNOW. They should look online for the official email addresses of the Prime Minister, the Minister of Foreign Affairs, the Minister of Tourism and the Minister of Justice and send them a message! It is far more helpful to SPEAK UP and condemn the abuse rather than to reman silent and simply go elsewhere for a vacation.

Congratulations to the Faculty of Law at Nova Southeastern University, Sunshine Cathedral MCC, and all the other sponsors and supporters who facilitated this screening. It was yet another invaluable teaching opportunity.

ENDS

The class issues in Jamaica even affects the way advocacy is done and my criticisms of some spoke persons over the years including that of Tomlinson is quite open however it is refreshing to see some redemption taking place, it is left to be seen whether it is genuine or just for show. 

also see: The toss up between MSM homelessness & public order makes news again