Charter Of Rights - 'A Recipe For Discrimination' (Gleaner article)

the cartoon speaks for itself as done by Lasmay of the Gleaner some time ago

Daraine Luton, Senior Staff Reporter

IMAGINE AN old lady who has difficulty communicating in English and has to interact with officers of the state at a public hospital.

These officers, however, communicate in English, not Creole, as in the case with the old lady.

University of the West Indies professor Hubert Devonish believes that the situation is a recipe for discrimination on the grounds of language. He feels that unless the issue is addressed in the Charter of Rights, it would make a mockery of the State's attempts at constitutional reform.

"The fact that it does not mention language issue means it is one of the major grounds for discrimination by officers and institutions of the state," Devonish told The Gleaner on Monday.

Charter of Rights

The House of Representatives on Tuesday, March 22 passed the Charter of Rights and sent it to the Senate.

However, last Friday Opposition Senator A.J. Nicholson reminded the Senate of a commitment given by the Parliament to the university, to pursue the work which could ascertain the feasibility of providing protection from discrimination on the ground of language.

Devonish pointed to a language-competence survey conducted by the Jamaica Language Unit (JLU) at the UWI, which has found that approximately 30 per cent of the population could not use English, and that 70 per cent have positive attitudes to Creole being embraced as a formal language.

"Now that we have done the work, the freedom from discrimination on the ground of language, must go into the constitution," Devonish said.

"This hurry way in which they rush it through without giving us a chance to report seems a little unfair, given that they asked us to go do the work. We were set up and we have never been given that opportunity to report," Devonish said.

The Charter of Rights, which is to replace Chapter Three of the Constitution, is intend to protect the rights and freedom of Jamaicans.

"I am hoping that the Senate will operate as it should, as a deliberative body, and that when the lower House comes rushing stuff they say hold on, let us try and get the best bill we can," Devonish said.

The Creole advocate said the senators should not allow the pressure to have the Charter of Rights passed impact on their judgement.

daraine.luton@gleanerjm.com

more notes

UPDATE April 4, 2011

PRESIDENT of the Senate Dr Oswald Harding says the country can ill-afford to dismiss arguments from the gay lobby about their rights to embrace and practise sexual behaviours of their choice.

Describing the issue as "a very sensitive matter", Harding said the attitudes towards homosexuals is "an arising problem."

"Perhaps I am just a bookish theoretician, but as someone who deals with the philosophy of law, it is something that needs to be considered, and I don't think we can just throw it out of the window," Harding said.

He noted that the question of marriage had been settled as a union between an adult male and a female.

Harding said the issue is not going to go away and urged the Senate not to push the issue under the mat.

"I am not saying that the time is right," he, however, said.

All 18 members present for the Senate yesterday voted for the Charter of Rights to replace Chapter Three in the Constitution.

The Senate has an opportunity to secure rights for all says JFLAG

FOR IMMEDIATE RELEASE

OPPORTUNITY RIPE FOR SENATE TO SECURE RIGHTS OF ALL

Kingston, Jamaica --- March 30, 2011

J-FLAG is calling on all Senators to ensure that they capitalize on the present opportunity in the Senate to decisively protect the human rights of all Jamaicans. This call is being made in light of the fact that the Charter of Fundamental Rights and Freedoms is presently before the Senate for debate. To let the opportunity pass would signal nothing but a sad day for freedom in our country.

J-FLAG insists that the bill as passed by the lower house does not provide sufficiently for the protection from discrimination of a number of vulnerable and marginalized populations. The government has said at the Universal Periodic Review that, ‘Jamaican law [does] not criminalise [sexual] orientation nor does it condone discrimination or violence … and was committed to ensuring that all citizens are protected from violence.’

1

J-FLAG is therefore urging that the Senate provide a framework to reduce discrimination and violence against all persons including lesbians, gays, bisexuals and transgenders (LGBT); persons with disabilities and persons affected by particular health conditions such as HIV in the Charter of Fundamental Rights and Freedoms.

Passing the Charter of Fundamental Rights and Freedoms without clear recognition that disability, health status and sexual orientation are the grounds for non-discrimination in Section 13 (3)(i) would be to undermine the strides that have been made globally to guarantee human rights for all persons in a society. At a minimum, J-FLAG proposes that Section 13 (3)(i) of the Charter of Fundamental Rights and Freedoms simply reads ‘the right to freedom from discrimination”.

The Senate now has an opportunity to demonstrate its leadership and end the perpetuation of human rights abuses of vulnerable and marginalized populations. This is crucial because the Charter, as Hon. Edward Seaga (2010) advises, could ‘become an effective tool to foster the development of a dynamic society’.

J-FLAG wishes to remind everyone that this Charter should serve as the basis of human rights recognition for all in a society, where its basic laws are based on the concepts of inclusivity and dignity, and on an appreciation of contemporary science on human sexuality, not on prejudice, fear, habit and misinformation.

~30~

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http://lib.ohchr.org/HRBodies/UPR/Documents/session9/JM/A_HRC_WG.6_9_L.12_Jamaica.pdf

press release ENDS

An accompanying nine paged document said among other things:

"Respect and tolerance fundamentally enable individuals, regardless of their status, to enjoy their human rights. Internationally, the recognition of the rights of individuals to nondiscrimination on the grounds of religion, health status, disability, gender, socio-economic status or sexual orientation, has allowed them to claim and enjoy these rights. The Human Development Report (UNDP, 2000) notes that the respect accorded to human dignity and freedoms is crucial to human social and economic development. Importantly, any and all constitutions, such as is currently under review in Jamaica, should therefore set out the core

principles around which laws are designed to protect all people, especially those who are most vulnerable and marginalised, from human rights violations.

There is no doubt that Jamaica has made considerable progress in translating its commitments and obligations, as duty-holders, under international human rights law into national legislation. The strengthening of the national infrastructure to promote human rights is to a large extent, demonstrated by the enactment of numerous pieces of legislation and adherence to various international treaties. This includes, inter alia, the:

(1) Enactment of the Child Care & Protection Act (CCPA) 2004;

(2) Steps taken to protect the rights of women, in particular to address discrimination

on the basis of gender and prevent violence;

(3) Inclusion of human rights training for security personnel; and

(4) Establishment of an Independent Commission of Investigations (INDECOM) to investigate allegations of abuse of citizens by members of the Security Forces and other agents of the State.

These are indeed positive steps, and we commend the Jamaican Parliament for going further to make provisions to more comprehensively protect the human rights of Jamaicans in the Charter of Fundamental Rights and Freedoms."

Some notes:

It's as if some of us saw it coming, The agitations now being made so late in the day towards the Charter of Rights is abysmal from JFLAG when my tenure at the organization and that of others who were insisting we have a presence during the Parliamentary sittings they fell on deaf ears, subsequently the some 13 blog posts on the then JFLAG blog now named GLBTQ Jamaica that I authored were hardly ever supported by the flag's management as to them blogs were not important at the time coupled with an elitist and corporatist attitude so why now do we believe another press release from the press room conveyor belt will cause politicians to take notice when it is also evident to me that the rush to push the Charter of Rights' passing in the upper house albeit without any recognition to same gender loving persons as people or having any rights or persons with disabilities was with a view to meet the United Nations Periodical review as seen HERE on my sister blog GLBTQJA.

The lengthy statement as well is soooooo late, why didn't we have larger consultations with the wider lgbt body politic and respective communities on these issues to bring a better understanding on the issues and possible implications due to our non recognition by government? Instead sad to say I and others find ourselves criticizing a limp-wristed set of advocates who wait until the ninth hour to put this out. So the pretend advocacy continues after 13 years of existence. The last minute petition doesn't seem to have yielded much with only a dreary 413 signatures despite the J's worldwide appeal that it still falls back on as locally more and more persons are just becoming fed up with their lack of presence and growing ineffectiveness. through all those two negatives they restructured with an Executive Director position and a new Programs Manager and still limp-wristed. If you guessed it well some are angry right now.

Did we really expect a government dealing with a commission of enquiry that may put them out of office, an economy that is making people depressed, a trust factor that is eroding by the hour and a member of their own labelled as a buggerer is going to capitulate to some battyman knowing how sensitive that hot button issue is which world do you guys at JFLAG live in ????

Remember this?: Real Advocacy or Not? from February 2010 well one year and a month later we are at the same place it seems.

Peace and tolerance

H

2 Murder music infraction and shots fired at event

Judging by the Jamaica Observer report on Saturday night last March 26th where one of the first major public infractions by a dancehall artist promoting murder music occurred , as the weekend was also one of the busiest gay party entertainment happenings of the calendar year so far with all of four fully promoted events coinciding and three were well attended one was closed off early by the cops in Kingston.

The instigator this time was Elephant Man known for his sometimes desperate way of operating he will draw for anything to get a "forward" as we call it in the business or a strong response from the crowd referring to an encore in other words. Violent references are usually used to please an eager crowd made up mostly of men who demand sometimes gun totting lyrics and react with great joy sometimes firing shots or literally lit and blazing aerosol spray cannisters live (photo above) in the audience as a way to "burn out" whatever is the subject of the song being performed at the time.

Here is the Story from the Observer:

Shots fired at Ocho Rios concert

THE March of Three Kings concert headlined by Mavado, Elephant Man and Wyane Marshall was marred by gunfire which caused a stampede from Margaritaville in Ocho Rios on Saturday night .

"A music and love wi seh," shouted Mavado in the parking lot at around 4.35 am to the shaken departing crowd.
Three minutes earlier three gunshots rang from just outside the venue. It resulted in scores of patrons taking cover behind trees, cars and bodies. This was preceded by shouts of "fight, fight, gun!". In total the crowd sought cover three times in an attempt to exit the parking lot. It wasn't immediately clear who fired the shots .
Prior to the stampede, the crowd's initial focus was on a bleeding man, possibly intoxicated, of unsound mind, or both, lying in the parking lot. "Him get hit by a car," stated one patron.
Unresponsive calls to him resulted in the thickening of the crowd and honking horns. Then came the shots.

During the concert, the sound selectors, Elephant Man and Mavado all voiced expressions of violence as a means to rev-up the thick crowd. The favourite target of the selectors and Elephant Man were gays whilst Mavado lyrically attacked his nameless enemies. Wayne Marshall kept his set clean. "We nah kill no fish. We just saying we nah switch non at all," he stated in reference to gays.

Despite the gunshots and the abundance of lyrical violence, the show contained colourful performances including comedic skits by Elephant Man. He invited a fat woman on stage, whom he described as a female elephant, and did his usual antics -- throwing her in the air stopping in mid-air to 'bus a wine'.
In performance Mavado rarely sang the choruses of his songs. He relied on the introduction many times only to elicit crowd whistles and verbal gun salutes. "Dash weh that," he constantly told the selector indicating his need for the next track.
It took him 12 songs before he would sing a full song.

A maximum of three lines was given to each preceding song and many subsequent songs. It indicated his heavy reliance on allusion as a performance style. It's not surprising that Real Killer speaks to this very issue of defeating a rival with "no chorus".

His 30-minute set included five themes of songs about guns, girls, gully, God and ganja.
The 25-song list included Weh Dem A Do, Real Killer, Hope and Pray, Real McKoy, Dem a Gangsta, Amazing Grace, Gully Side, Don't Worry, No Fraid a Dem, Gal over Gun, When You Feel Lonely (Tek off You Panty), Gyal A Mad Ova (Nova Scotia), Stulla (Long Distance), Tump her Up, I Know You Want Me, Give Her Everything, 9 Lives (God of Peace), The Messiah, Jah Is Coming Soon, Star Bwoy, Give you My Everything, This Life and All Dem a Talk.

UPDATE May 3, 2011

A second infraction has occurred since on April 24th at a Coke Zero event in Montego Bay letter writing advocate and AIDSFREEWORLD Consultant Maurice Tomlinson reported om his Facebook page that "Looking much like a Jamaican Bin Laden, dancehall performer Sizzla came to Montego Bay over the Easter weekend and advocated his own brand of genocide, this time of Jamaican homosexuals. At the Pier One ‘Coke Zero Live On The Waterfront’ event held on April 24 Sizzla expressed his disgust that while both ganja and buggery remain illegal in Jamaica, only partakers of the former are usually arrested. To correct this ‘injustice,’ he therefore called for the execution of gays and launched into a vulgar and riotous rendition of the not fit for airplay Buju Banton hate anthem ‘Bum Bye Bye.’ Sizzla also snubbed his nose at any possible negative consequences for his heinous performance, daring the promoters, police, or anyone else for that matter to sanction him. And from all indications he got away with it.

The fact that Sizzla can, with impunity, engage in such clear incitement to murder demonstrates that his brand of irrational hate is still very much accepted in Jamaica. The crowd certainly lapped up his act and bayed for more. And yet, one wonders how many of these homophobic patrons stopped to consider the real possibility that perhaps there are members of the Jamaican gay community who support, like Sizzla, the de-criminalization of marijuana?

So, instead of advocating for death of fellow Jamaicans who possibly share his views, wouldn’t it have been more useful to lobby Parliament (as others like the Lawyers Christian Fellowship have so effectively done) on the merits of his claim? The sad reality however is that hate mongering murder musicians of Sizzla’s ilk usually lack the capacity to think rationally. And what is scary is the powerful influence they hold over the Jamaican public. A 2010 J-FLAG survey showed that 89% of Jamaicans remained staunchly homophobic with the vast majority listening almost exclusively to dancehall music."

AJ wants Charter of Rights delayed for one month in the Senate

Anti gay Member of Parliament and former Attorney General renowned for the trope on Gay Marriage during his tenure under the previous Peoples National Party wants the Charter of Rights Bill now in the Senate delayed for a month according to the Gleaner:

This old cartoon that appeared in the Gleaner on January 19, 2007 still rings true, here is a flashback to a statement he made while he was Attorney General on Same Sex Unions or here

A.J. Nicholson, Don't Be A Pharaoh

A.J. NICHOLSON'S suggestion that the Charter of Rights sits in the Senate for at least a month before it is debated and passed is preposterous.

On Friday, Nicholson, who is the Leader of Opposition Business in the Senate, pulled the surprise from his hat by moving to stall the Charter of Rights.

"Because of the kind of bill, all senators should be given time. You can't give me seven days. Sure, it has been around, but the question is have they been involved in the development of the bill. I am not saying you can't just read it; of course you can, but we have to understand what it is doing," Nicholson told the Senate.

Leader of Government Business Dorothy Lightbourne had turned up in the Senate Friday seeking to have the Charter of Rights debated and passed. Three days earlier, all 51 members who were present in the House of Representatives unanimously voted for the Charter of Rights to replace chapter three of the Constitution. On that occasion, all members of the House rose in unison to acknowledge the monumental stride that has been taken to provide greater protection of the rights of the Jamaican people.

Without suggesting the Senate should be a rubber stamp for bills sent from the House, one would have thought that Nicholson was more than encouraged by the showing in the Lower House, so much that he would have marshalled his team in the Upper House to debate and pass the Charter of Rights. That was not to be.

Possible amendments

A wish expressed by Prime Minister Bruce Golding two weeks ago, that he wanted the Charter of Rights passed in both houses of Parliament before Parliament is prorogued seemed to have been the fly in the ointment for Nicholson. Not only did he argue that there is no rule in the Standing Order or law that would cause the process of amending to constitution to be re-started if it is not passed before the Senate rises, but Nicholson also demanded that the attorney general's department provide answers in writing.

"If there is no such rule, what is there to prevent the bill from being debated a month's time," Nicholson suggested.

One wonders if Nicholson's position is indicative of any move to suggest amendments to the Charter of Rights, which will result it being sent back to the House of Representatives. If this happens, the passage of this important first amendment could be stalled for up to one year.

Under the rules of Parliament, whenever amendments are being proposed to an entrenched section of the Constitution, three months must elapse after the bill is laid on the table of the House before second reading can take place. After second reading, another three months must pass before third reading takes place. A further three months must pass before the House can vote on the bill.

If the bill receives the minimum two-third support in the House, it is then sent to the Senate where another two-third support is required for passage. Bills leaving the House for the Senate must sit on the table of the Senate for seven days before debated. Senators, however, can agree to suspend the Standing Orders in order to consider the bill.

Nothing new

On Friday, the normally unaccommodating Lightbourne pulled out all the stops to secure the support of the Opposition. She outlined the nearly two-decade journey of the Charter of Rights and noted it was the work of the Government and the Opposition.

"We don't want this to be a thing of controversy," Lightbourne said. "It is nothing new to not one of those persons in this room even if that person has not sat on a committee like how it was done in the Lower House, it had general consensus and I am hoping it will have general consensus here," she added.

Lightbourne has suggested the Senate uses Thursday and Friday to consider and pass the Charter of Rights. However, Nicholson does not appear warm to the idea.

The Gavel is concerned that while he fiddles Jamaicans continue to be in a position where the fundamental rights and freedoms which people currently enjoy will remain virtually unprotected.

We believe there is absolutely no need to stall the Charter of Rights any longer. We urge Nicholson and his Opposition colleagues in the Senate not to be the pharaoh in the way of people's rights. The suggestion that the bill remain for one more month appears to be roadblock to constitutional reform.

ENDS

we have been sidelined from the get go, also see GLBTQ Jamaica on criticisms from another set of Jamaican bloggers towards JFLAG's dealing with the Charter and representing LGBT people.

UPDATE: March 29

Jamaica Observer Editorial:

Why another month, Senator Nicholson?

World Map of Penis sizes ...... (xrated materials contained)

The interactive map above shows averages of penis sizes around the world I doubt if its accurate but you be the judge as far as Jamaica is rated we are averaged at 6.3 inches which I seriously doubt we have developed a reputation over the years of having fairly good sized dicks and based on my own personal experience I have seen anything from 8 inches to a whopping 14 inches so maybe the folks here need to redo our landscape. Black men in general have always had a reputation of having larger penises by virtue of skin distribution on the shaft and more sturdy erections that those of our Caucasian and Asian counterparts. Latinos seem to be coming in a close second these days going by the explosion of Latin gay porn mostly from the United States and Brazil although that arena of adult entertainment cannot be the only yard stick used to judge. There are some Caucasian men who seem to be getting the size gift in recent times, a similar premise applies as well as in the latino camp.

Black Men objectified

A major downside to the issue is that we are objectified based on the belief that we are well hung with overseas photographers such as Robert Mapplethorpe getting alot of flack for portraying black men as nothing more than long dicked sex objects more so than individuals with a mind. Fans black and white and eclectic art lovers however hold his work in high regard as evidenced in coffee table publications right here in Jamaica albeit his books have to be specially ordered or brought in ones hand luggage many also purchase his slides at art auctions houses online and physically overseas, here is an example:

here is a work from Mapplethorpe from 1986 called "Formal Cock" which is going for $12, 500 at Christies Auction go here for more pieces

a typical Jamaican penis (wood) could have been seen as taken from the blocked Jamaican adult entertainment site Rudejam a message reads to Jamaicans who try to access it as follows:

not available

Sorry, this content cannot be made available in your area.

The porn industry has also followed suit in this objectification it seems and has and is making millions of dollars from more and more "well hung" stunning black men entering the arena specifically gay sex porn which was once dominated by Caucasian actors. Locally we have our own versions now same sexed porn with well endowed men who seem to be getting and younger by the turn, as some would ask "a weh dem bois get dem big wood from?" One wonders of it is due to repetitive masturbation or sexual activity that leads to these impressive sizes these days? The two major site however who offer that are blocked from local ISPs so one would have to be creative and find secondary sources to view them.

You be the judge, if you are having trouble using the map here then go to the source for it: http://www.targetmap.com/viewer.aspx?reportId=3073 also see the detailed breakdowns as per country: http://www.everyoneweb.com/worldpenissize/ here is a Gleaner 2007 article on penis size: The penis size debate

I know this is a post outside the norm for this blog please see a fairly new blog from GLBTQJA www.battymantings.blogspot.com to see more xrated materials.

Peace and tolerance.

H

UNHRC Statement a major step in the fight against transphobia and homophobia

UNHRC Statement a major step in the fight against transphobia and homophobia

WORLD, 22/03/2011

Compared to a similar Human Rights Council joint declaration on this topic in 2006 and to a UN General Assembly Statement in 2008, this Statement establishes as a principle that “no one should face stigmatization, violence or abuse on any ground, and that in dealing with sensitive issues, the Council must be guided by the principles of universality and non-discrimination. This was enabled by the preceding 2008 UN General Assembly Statement, which for the first time inserted sexual orientation and gender identity in the UN interpretation of the Universal declaration of Human Rights, by reaffirming the non-discrimination principle of international law, requiring that human rights apply equally to each human being.

Today’s joint declaration by 85 member countries of the United Nations’ Human Rights Council, calling for an end to violence, criminal sanctions and human rights violations against people because of their sexual orientation or gender identity is a very significant step forward towards international consensus on LGBTI people’s rights, according to ILGA, the International Lesbian, Gay, Bisexual, Trans and Intersex Association. ILGA considers the fact that the amount of countries willing to sign on to a declaration like this is approaching a majority of UN members, is a credit to the increased sensitivity of national governments, and the work of international, regional and local LGBTI human rights activists all over the World, particularly the International Coalition of LGBTI organizations that worked together with national governments and provided the information they requested through the process of preparing the declaration.

“We welcome the Statement just read at the UN Human Rights Council and signed by 85 Countries, as a sign of the growing international, cross-regional consensus around the need to protect people persecuted because of their sexual orientation or gender identity. Also to engage in a truly universal application of human rights”, said Renato Sabbadini, one of ILGA’s two Co-Secretary Generals, speaking from ILGA’s headquarters in Brussels. According to Sabbadini “The strength of this Statement makes the defence of discrimination against lesbians, gays, bisexual, trans and intersex people on the basis of a mistaken sense of “tradition” or “natural order” more untenable than ever. Homophobia and transphobia are more and more acknowledged for what they truly are: the last crumbling pillars of a patriarchal order which belong with other dark pages of our past, like slavery and the Inquisition.”

Compared to a similar Human Rights Council joint declaration on this topic in 2006 and to a UN General Assembly Statement in 2008, this Statement acknowledges for the first time also the positive developments on recognition of LGBTI human rights in each region of the world. It also establishes as a principle that “no one should face stigmatization, violence or abuse on any ground, and that in dealing with sensitive issues, the Council must be guided by the principles of universality and non-discrimination. This was enabled by the preceding 2008 UN General Assembly Statement, which for the first time inserted sexual orientation and gender identity in the UN interpretation of the Universal declaration of Human Rights, by reaffirming the non-discrimination principle of international law, requiring that human rights apply equally to each human being.

“We are very pleased and proud of the results achieved through the hard work of the International Coalition of Organizations for LGBTI rights and each of the groups that made the efforts in its country. This work has raised awareness not only of more and more governments, but obviously has been steadfast in its commitment to human rights protection. It is a historical moment we're happy to be part of”, said Gloria Careaga, ILGA’s other Co-Secretary General today in Mexico-City. Careaga stressed that “This time more countries have joined. The ongoing discussions on violence and discrimination raised by LGBTI people in international arenas, especially in the Human Rights Council, have opened the eyes of those that did not recognize the abuse that happened daily”.

Apart from more countries signing the joint declaration, 85 this year to 66 in 2008 and 54 in 2006, there is also a shift towards more countries from the South signing on, including from regions where these issues are still highly sensitive like Africa, Asia and the Caribbean. Among the newcomers in signing the declaration are countries like: Dominica, Honduras, Central African Republic, Rwanda, Sierra Leone, and Seychelles.

ILGA is set to encourage countries all over the world to embrace the contents of this declaration by incorporating them in national policies and national law, and as such will keep coordinating its work with the international coalition of LGBTI organizations. In this context ILGA is presently planning an International Panel to be held parallel to the next Human Rights Council meeting in June on “The Growing Consensus: Towards the End of Criminalization and Human Rights Violations based on Sexual Orientation and Gender Identity”.

Mario Kleinmoedig

ILGA Press Officer

For commentary contact ILGA Co-Secretary General Renato Sabbadini

at +32 474857950 or +39 3356067158 or renato@ilga.org

illegality of male to male relationships:

79/242 countries
illegality of female to female relationships:
45/242 countries
death penalty:
8/242 countries

Charter of Rights Bill Not Ready to be passed says JFLAG ....

Press release: Kingston, Jamaica — March 20, 2011

J-FLAG is urging the Jamaican Parliament to make provisions to protect the human rights of all Jamaicans, and provide a framework to reduce discrimination against all persons including lesbians, gays, bisexuals and transgenders (LGBT); persons with disabilities and persons affected by particular health conditions such as HIV in the Charter of Fundamental Rights and Freedoms.

J-FLAG wishes to advise that this Charter should serve as the basis of human rights recognition for all in a society, where its basic laws are based on the concepts of inclusivity and dignity, and on an appreciation of contemporary science on human sexuality, not on prejudice, fear, habit and misinformation.

Lesbian, gay, bisexual and transgender persons continue to be the victims of extortion, physical abuse and harassment by non-state and state actors. In 2010, over 40 incidents of human rights violations were reported to J-FLAG. These incidents are infringements of human rights and reflect the harmful effects of the country’s attempt to legislate the practices of consenting adults. In fact, Jamaica continues to receive pointed criticism for the lack of political will to more comprehensively ‘promote the human rights of our people, including the poor; and the most vulnerable and marginalized groups’ (PIOJ, 2009:14)[1].

Therefore, J-FLAG encourages the House of Representatives and the Senate to use the opportunity that now presents itself to ensure that such vulnerable and marginalized groups are protected under the non-discrimination clause of the Charter. Passing the Charter of Fundamental Rights and Freedoms without clear recognition that disability, health status and sexual orientation are the grounds for non-discrimination in Section 13 (3)(i) would be to undermine the strides that have been made globally to guarantee human rights for all persons in a society. At a minimum, J-FLAG proposes that Section 13 (3)(i) of the Charter of Fundamental Rights and Freedoms simply reads ‘the right to freedom from discrimination”.

This Parliament now has an opportunity to demonstrate leadership and end the perpetuation of human rights abuses of vulnerable and marginalized populations. This is crucial because the Charter of Rights, as Hon. Edward Seaga (2010) advises, could ‘become an effective tool to foster the development of a dynamic society’.

Prime Minister Bruce Golding, having acknowledged to J-FLAG in writing on June 2, 2008, that violence against gays and lesbians should “be condemned, discouraged, investigated, prosecuted and punished with vigour and determination” should now ensure that this group is guaranteed protection in the Charter of Rights.

We urge the Parliamentarians to bear in mind that persons have been, and continue to be, severely abused and discriminated against because of their sexual orientation and/or gender identity, health status and disabilities. J-FLAG asks that they condemn these acts of violence by translating our international commitments and obligations into local law, ideally in our Charter of Fundamental Rights and Freedoms at this time. Indeed, it is our view that the Charter of Fundamental Rights & Freedoms is a crucial piece of legislation that must articulate the promotion of human rights for all vulnerable and marginalized populations that are not already included.

ENDS

Notes

The J has probably forgotten the trick played on us via the invented gay marriage debate by this very Prime Minister but at least this press release is worth it but the timing is too late I fear we should have been pressing all through the debate(s) from the very time the 2006 draft was changed with the removal of what little protection existed when the Lawyers' Christian Fellowship made agitations in Parliament to that effect.

Remember this?: Bruce Golding on No to Gay Marriage

".....those values from time to time as humanity proceeds will be placed under stress and there is the pressure for change as indeed there is now, a society must determine the changes it will embrace and the changes it will reject and defy. We are determined to resist the pressure to recognise homosexuality as an acceptable form of relationship between human beings.

Do we run risks in doing so Mr. Speaker? Yes we do, Have attempts been made to discourage tourists and investors from coming to Jamaica? Yes, not once not twice several times and quite recent times, the gay rights lobby is international it is strong it is aggressive, it wheels significant influence and have conquered important councils of power and authority with which we have to interact but we remain steadfast in our determination that the values and culture must be protected and preserved. Other countries are free to make their choices, we must be free to make our own."

Prime Minister Bruce Golding Jamaica, October 13, 2009, Charter of Rights Debate, Gordon House

It's a done deal as far as I can see we will not be included this time around.

Also see Opposition sides with Govt on No to Gay Marriage a great smoke screen to screw us up. They only showed some concern here: Opposition, People's National Party condemns anti gay comments as dangerous precedence from GLBTQ Jamaica.

PLEASE SEE THE REPORT OF THE JOINT SELECT CMT from 2006 HERE

Peace and tolerance

H

Uganda & that awful Anti Gay Bill again

The controversial Anti Homosexuality bill is one of several bills that Members of Parliament on the Legal and Parliamentary Affairs committee of Uganda are set to debate when the House resumes business next week.

The bill, which has caused uproar from human rights activists and donors since it was tabled in Parliament in 2009, seeks to criminalize the act, with one of the controversial clauses calling for death penalty for those who are found guilty of aggravated homosexuality.

Speaking to the media at Parliament today, the committee chairman, Stephen Tashobya said though the bill has created both local and international concern, it is up to Parliament to pass the bill.

Tashobya says the committee will hold public hearings where stakeholders’ views will be heard and a report made to the House for debate and possible passing before Parliament closes the 8th Parliament.

Ndorwa West MP and mover of the bill, David Bahati welcomed the development and said he would continue to lobby Ugandans to support the bill, whose intention is to protect the Ugandan traditional family and children.

The Bill would:

Expand the definitions for homosexual acts, making conviction easier. Current law requires evidence of penetration. The new law would expand the definition of homosexual activity to”touch(ing) another person with the intention of committing the act of homosexuality.”

Touching itself is defined as “touching—(a) with any part of the body; (b) with anything else; (c) through anything; and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.”

Affirm Uganda’s lifetime imprisonment for those convicted of homosexuality.

Define a new crime of “aggravated homosexuality” for those who engage in sex with someone under the age of 18, who are HIV-positive, who is a “repeat offender” (so broadly defined as to include anyone who has had a relationship with more than one person, or who had sex with the same person more than once), or who had sex with a disabled person (consensual or not). The penalty for “aggravated homosexuality” is death by hanging.

Require anyone arrested on suspicion of homosexuality to undergo HIV testing to determine the individual’s qualification for prosecution of “aggravated homosexuality.”

Criminalize “attempted homosexuality” with imprisonment for seven years.

Criminalize “promoting” homosexuality with fines and imprisonment for between five and seven years. This overly-broad provision would criminalize all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda .

It would also criminalize any attempt to repeal or modify the law in the future, as those moves could also be seen as “promoting” homosexuality.

Criminalize “aiding and abetting homosexuality” with seven years imprisonment. This provision could be used against anyone extending counseling, medical care, or otherwise providing aide gay people.

Criminalize the act of obtaining a same-sex marriage abroad with lifetime imprisonment.
Add a clause which forces friends or family members to report LGBT persons to police within 24-hours of learning about that individual’s homosexuality or face fines or imprisonment for up to three years.

Penalize people who run “brothels” with five to seven years imprisonment for renting to LGBT people. However, it defines a brothel as “a house, room, set of rooms or place of any kind for the purposes of homosexuality” instead of the more normal definition of a place where commercial sex work takes place. Anyone’s bedroom would be a “brothel” under this definition, placing landlords and hotel owners in jeopardy for renting to LGBT people.

Add an extra-territorial and extradition provisions, allowing Uganda to prosecute LGBT Ugandans living abroad.

Void all international treaties, agreements and human rights obligations which conflict with this bill.

ENDS

The memorandum can be seen here from GJW:

APRIL 20, 2009
THE ANTI - HOMOSEXUALITY BILL, 2009
MEMORANDUM

1. The Principle

The object of this Bill is to establish a comprehensive legislation to protect the traditional family by prohibiting (i) any form of sexual relations between people of the same sex; and (ii) the promotion or recognition of such sexual relations in public institutions as healthy, normal or an acceptable lifestyle, including in the public schools, through or with the support of any government entity in Uganda or any non- governmental organization inside or outside the country. Research indicates that the homosexuality has a variety of negative consequences including higher incidences of violence, sexually transmitted diseases, and use of drugs. The higher incidence of separation and break-up in homosexual relationships also creates a highly unstable environment for children raised by homosexuals through adoption or otherwise, and can have profound psychological consequences on those children. In addition, the promotion of homosexual behavior undermines our traditional family values.

Given Uganda’s historical, legal, cultural and religious values which maintain that the family, based on marriage between a man and a woman is the basic unit of society. This Bill aims at strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family. These threats include: redefining human rights to elevate homosexual and transgender behavior as legally protected categories of people.

This legislation is aimed at halting the advance of the “sexual rights” agenda, which seeks to establish additional legally protected classes based on sexual preferences and behaviors, as well as claims that people have rights based on these preferences and behaviors. Sexual rights activists have created new euphemisms to promote this agenda such as “sexual orientation,” “gender identity,” “sexual minorities” and “sexual rights.”

This legislation further recognizes the fact that same sex attraction is not an innate and immutable characteristic and that people who experience this mental disorder can and have changed to a heterosexual orientation. It also recognizes that because homosexuals are not born that way, but develop this disorder based on experiences and environmental conditions, it is preventable, especially among young people who are most vulnerable to recruitment into the homosexual lifestyle.

The Republic of Uganda needs comprehensive and enhanced legislation to protect our cultural, legal, religious, and traditional family values against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on Uganda.

bill in it's current form:

THE ANTI HOMOSEXUALITY BILL, 2009.
ARRANGEMENT OF CLAUSES.
PART I — PRELIMINARY

Clause
I. Interpretation.

PART ll-PROHIBITION OF HOMOSEXUALITY.

2. The offence of homosexuality
3. Aggravated homosexuality.
4. Attempt to commit homosexuality.
5. Protection, assistance and payment of compensation to victims of homoseuxality
6. Confidentiality.

PART Ill — RELATED OFFENCES AND PENALTIES.

7. Aiding and abating homosexuality.
8. Conspiracy to engage in homosexuality.
9. Procuring homosexuality. by threats, etc.
10. Detention with intent to commit homosexuality.
11. Brothels.
12. Same sex marriage.
13. Promotion of homosexuality.
14. Failure to disclose the offence.

PART IV — JURISDICTION.

15. Jurisdiction.
16. Extra-territorial Jurisdiction.
17. Extradition.

PART V — MISCELLANEOUS PROVISIONS

18. International treaties.
19. Regulations.

A BILL FOR AN ACT
ENTITLED
THE ANTI HOMOSEXUALITY ACT, 2009.

An Act to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.

BE IT ENACTED by Parliament as follows:

PART I — PRELIMINARY.

I. Interpretation.

In this Act. unless the context otherwise requires –

“authority” means having power and control over other people because of your knowledge and official position; and shall include a person who exercises religious. political, economic or social authority;

“bisexual” means a person who is sexually attracted to both males and females;

“child” means a person below the age of 18 years:

“currency point” has the value assigned to it in the Schedule to this Act;

“disability” means a substantial limitation of daily life activities caused by physical. mental or sensory impairment and environment barriers resulting in limited participation;

“felony” means an offence which is declared by law to be a felony or if not declared to be a misdemeanor is punishable without proof of previous conviction, with death or with imprisonment for 3 years or more.;

“gay”" means a male person who engages in sexual intimacy with another person of the same sex;

“‘gender”" means male or female;

“HIV” means the Human Immunodeficiency Virus;

“homosexual”‘ means a person who engages or attempts to engage in same gender sexual activity;

“homosexuality”’ means same gender or same sex sexual acts;

“lesbian” means a female who engages in sexual intimacy with another female;

“Minister’” means the Minister responsible for ethics and integrity;

“misdemeanor” means an offence which is not a felony;

“serial offender” means a person who has previous convictions of the offence of homosexuality or related offences;

“sexual act” includes –

(a) physical sexual activity that docs not necessarily culminate in intercourse and may include the touching of another’s breast, vagina, penis or anus:

(b) stimulation or penetration of a vagina or mouth or anus or any part of the body of any person, however slight by a sexual organ;

(c) the unlawful use of any object or organ by a person on another person’s sexual organ or anus or mouth;

“sexual organ” means a vagina, penis or any artificial sexual contraption;

“touching” includes touching—

(a) with any part of the body;

(b) with anything else;

(c) through anything;

and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.

“victim” includes a person who is involved in homosexual activities against his or her will.

PART II — HOMOSEXUALITY AND RELATED PRACTICES.

2. The offence of homosexuality.
(1) A person commits the offence of homosexuality if-

(a) he penetrates the anus or mouth of another person of the same sex with his penis or any other sexual contraption;

(b) he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a person of the same sex;

(e) he or she touches another person with the intention of committing the act of homosexuality.

(2) A person who commits an offence under this section shall be liable on conviction to imprisonment for life.

3. Aggravated homosexuality.
(1) A person commits the offense of aggravated homosexuality where the

(a) person against whom the offence is committed is below the age of 18 years;

(b) offender is a person living with HIV;

(c) offender is a parent or guardian of the person against whom the offence is committed;

(d) offender is a person in authority over the person against whom the offence is committed;

(e) victim of the offence is a person with disability;

(f) offender is a serial offender, or

(g) offender applies, administers or causes to be used by any man or woman any drug, matter or thing with intent to stupefy overpower him or her so as to there by enable any person to have unlawful carnal connection with any person of the same sex,

(2) A person who commits the offence of aggravated homosexuality shall be liable on conviction to suffer death.

(3) Where a person is charged with the offence under this section, that person shall undergo a medical examination to ascertain his or her HIV status.

4, Attempt to commit homosexuality.
(1) A person who attempts to commit the offence of homosexuality commits a felony and is liable on conviction to imprisonment seven years.

(2) A person who attempts to commit the offence of aggravated homosexuality commits an offence and is liable on conviction to imprisonment for life.

5. Protection, assistance and payment of compensation to victims of homosexuality.
(1 ) A victim of homosexuality shall not be penalized for any crime commuted as a direct result of his or her involvement in homosexuality.

(2) A victim of homosexuality shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the criminal proceedings.

(3) Where a person is convicted of homosexuality or aggravated homosexuality under sections 2 and 3 of this Act, the court may, in addition to any sentence imposed on the offender, order that the victim of the offence be paid compensation by the offender for any physical, sexual or psychological harm caused to the victim by the offence.

(4) The amount of compensation shall be determined by the court and the court shall take into account the extent of harm suffered by the victim of the offence. the degree of force used by the offender and medical and other expenses incurred by the victim as a result of the offence.

6. Confidentiality.
(1) At any stage of the Investigation or trial of an offence under this Act, law enforcement officers, prosecutors, judicial officers and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the victim.

(2) For the purpose of subsection (I), in cases involving children and other cases where the court considers it appropriate. proceedings of the court shall be conducted in camera, outside the presence of the media.

(3) Any editor or publisher, reporter or columnist in case of printed materials. announcer or producer in case of television and radio, producer or director of a film to case of the movie industry. or any person utilizing trimedia facilities or information technology who publishes or causes the publicity of the names and personal circumstances or any other information tending to establish the victim’s identity without authority of court commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points.

7. Aiding and abating homosexuality
A person who aids, abets, counsels or procures another to engage in acts of homosexuality commits an offence and is liable on conviction to imprisonment for seven years.

8. Conspiracy to engage in homosexuality.
A person who conspires with another to induce another person of the same sex by any means of false pretence or other fraudulent means to permit any person of the same sex to have unlawful carnal knowledge of him or her commits an offence and is liable on conviction to imprisonment for seven years.

9. Procuring homosexuality by threats, etc.
(1) A person who–

(a) by threats or intimidation procures or attempts to procure any woman or man to have any unlawful carnal knowledge with any person of the same sex, either in Uganda or elsewhere;

(b) by false pretences or false representations procures any woman or man to have any unlawful carnal connection with any person of the same sex, either in Uganda or elsewhere; or

(2) A person shall not be convicted of an offence under this section upon the evidence of one witness only, unless that witness is corroborated in some material particular by evidence implicating the accused.

10. Detention with intent to commit homosexuality.
A person who detains another person with the intention to commit acts of homosexuality with him or herself or with any other person commits an offence and is liable on conviction for seven years.

11. Brothels.
(1) A person who keeps a house, room,set of rooms or place of any kind for the purposes of homosexuality commits an offence and is liable on conviction to imprisonment for seven years.

2) A person being the owner or occupier of premises or having or acting or assisting in the management or control of the premises, induces or knowingly suffers any man or woman to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man or woman of the same sex whether such carnal knowledge is intended to be with any particular man or woman generally, commits a felony and is liable on conviction to imprisonment for five years.

12. Same sex marriage.
A person who purports to contract a marriage with another person of the same sex commits the offence of homosexuality and shall be liable on conviction to imprisonment for life.

13. Promotion of homosexuality.
(1) A person who –

(a) participates in production. procuring, marketing, broadcasting, disseminating, publishing pornographic materials for purposes of promoting homosexuality;

(b) funds or sponsors homosexuality or other related activities;

(c) offers premises and other related fixed or movable assets for purposes of homosexuality or promoting homosexuality;

(d) uses electronic devices which include internet, films, mobile phones for purposes of homosexuality or promoting homosexuality and;

(e) who acts as an accomplice or attempts to promote or in any way abets homosexuality and related practices;

commits an offence and is liable on conviction to a line of live thousand currency points or imprisonment of a minimum of five years and a maximum of seven years or both fine and imprisonment.

(2) Where the offender is a corporate body or a business or an association or a non-governmental organization, on conviction its certificate of registration shall be cancelled and the director or proprietor or promoter shall be liable on conviction to imprisonment for seven years.

14. Failure to disclose the offence.
A person in authority, who being aware of the commission of any offence under this Act, omits to report the offence to the relevant authorities within twenty-four hours of having first had that knowledge, commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding three years.

PART IV — JURISDICTION

15. Jurisdiction.
Save for aggravated homosexuality that shall be tried by the High Court, the magistrates court shall have jurisdiction to try the other offences under this Act.

16. Extra- Territorial Jurisdiction.
This Act shall apply to offenses committed outside Uganda where –

(a) a person who, while being a citizen of or permanently residing in Uganda, commits an act outside Uganda, which act would constitute an offence under this Act had it been committed in Uganda; or

(b) the offence was committed partly outside and or partly in Uganda.

17. Extradition.
A person charged with an offence under this Act shall be liable to extradition under the existing extradition laws.

PART V — MISCELLANEOUS.

18. Nullification of inconsistent international treaties, protocols, declarations and conventions.(1) Any International legal instrument whose provisions are contradictory to the spirit and provisions enshrined in this Act, are null and void to the extent of their inconsistency.

(2) Definitions of “sexual orientation”, “sexual rights”, “sexual minorities”, “gender identity” shall not be used in anyway to legitimize homosexuality, gender identity disorders and related practices in Uganda.

19. Regulations.
The Minister may, by statutory instrument. make regulations generally for better carrying out the provisions of this Act.

SCHEDULE

One currency point is equivalent to twenty thousand shillings.

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