CVM TV @ Sunrise on the Buggery review & JFLAG's 100 days hope for meeting with PM

CVM @ Sunrise earlier today January 11, 2012 dealt with the supposed JFLAG gauntlet of sorts for a meeting with the new Prime Minister Mrs Portia Simpson Miller on her promise as it were to review the buggery law and a subsequent conscience vote in parliament on repealing it, she had not issued a timeline for the suggested move but JFLAG has been reported as saying they want the matter to be brought up within 100 days of the new government taking office and this is not going down well in certain quarters including the religious community who have arrived at conclusions that the lobby group is demanding action on the strength of some possible donations to the PNP political party during the last election campaign. They have denied such allegations since. 

video: here is a reminder of Mrs. Simpson Miller on the matter during the leadership debate preceding the elections:

In a post on my sister blog GLBTQJA on Wordpress entitled: JFLAG wants PNP to discuss Buggery Law within 100 days of assuming office a CVM TV news item was also included

Dane Lewis Executive Director of the J told CVM TV that he expected the issues to begin to placed on the table within 100 days, "To be realistic we would imagine within the first 100 days the issue could be raised we can look at how to proceed," Mr Lewis said while JFLAG is not expecting a conscience vote to repeal the buggery law within the first 100 days discussions are important as Jamaica has a 2012 deadline to meet according to the international covenant on human rights, “….one of the leading recommendations made in November last year was that Jamaica should report by 2012 on what concrete steps to removal of discriminatory laws,” Mr Lewis said.


According to Mr. Lewis JFLAG is willing to make small steps in acquiring legal recognition for homosexuals he says although gay marriage is legalized overseas JFLAG is not pursuing that as part of its lobby at this time, "gay marriage is certainly not an item on our agenda, we still have a large issue of discrimination …. people are being evicted from their homes, people are being physically abused because of their sexual orientation and we want to begin to address those issues."


He acknowledges that the discussion of gay rights will be met with strong public opposition however he says as was demonstrated by Mrs Simpson Miller we should be strident in dealing with issues impeding human rights, a solution to the issues concerning gay rights will help to deal with HIV/AIDS.

 CVM TV @ Sunrise on JFLAG 100 days meeting/PM & the Buggery Law 11.01.12 by glbtqja7 

Co-host of CVM @ Sunrise Rohan Dailey had the Reverend Dr. Henley Morgan and attorney-at-law Arlene Harrison Henry of the Independent Jamaica Council for Human Rights at first to discuss the JFLAG's position on 100 days for a meeting with the new PM, as you may have gleamed from the audio above Reverend Morgan walked on eggshells trying to make his position between the folds thus leading to the church's position versus his own and some clarification from Ms Henry. He also made it clear he didn't think gay marriage rights are to be extended same gender loving persons. It almost sounded scripted on his part, he struggled with the nature versus nurture matter whether persons were born gay or not while Ms Harrison Henry was on the ball from the get go where she clearly stated the gay community was not asking for gay marriage rights. She also made mention of the fact that the Charter of Rights made it clear that marriage is between a man and a woman obviously infused in anticipation of the issue being raised again by the then joint select committees who finalized the document. She also said a conscience vote could not be had unless there is national debate and education. 

One thing I had an issue with in as far as Mrs Henry's definition of buggery was concerned was where she said "...the legislative scheme sections 76 of the Offences Against The Persons Act treats with Buggery which is intimate relations between man and man or man and woman,it is that which is prohibited but the loving of same sex is not an illegal act...." she was speaking in the context of homosexuality not being illegal in Jamaica. To simply leave it open as intimate relations is vague in my view seeing that the buggery law is specific to anal penetration intimate relations can also mean non penetrative sex or so called compromising positions which may include partnered masturbation, intercrural sex (faking penetration by placing erect penis between legs of a passive partner, practiced by heterosexual couples when the female is seeing her monthly cycle) and or frottage, gross indecency would probably cover those outercoursal activity. She also said with women they cannot commit any act of buggery but I am thinking what about women who employ sex toys as part of their activities and said toy is used in anally penetrating a consenting partner?

Rev Dailey also reminded us of the former Senator Oswald Harding's position in 2004 on the buggery law repeal suggestion.Here is Mrs. Simpson Miller in a subsequent outdoor political campaign meeting defending her comment 


Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11 by glbtqja4


We must not forget the presence of some anti gay figures in the PNP who are still in the structure that of former Attorney General A. J Nicholson who supported nearly every anti gay move during his years including the tumultuous years of the Sexual Offences Bill Debates, the Charter of Rights struggles and his open castigation of gay marriage, even Portia Simpson Miller herself sided with Bruce Golding on the no to gay marriage smoke screen after digging my archives I found the presentation by Mrs Simpson Miller in 2009 (poor audio though) where she sided wholeheartedly with the then Prime Minster Bruce Golding (his speech linked) on the banning of gay marriage, gay marriage rights by the way was never asked for by the LGBT advocacy structure but it was dishonestly pushed on the agenda during the Charter of Rights debate then as a smoke screen to deny us recognition in the Charter. The same document that clearly defines marriage between a man and a woman, it also does not protect persons from discrimination due to sexual orientation but only on the grounds of ones biological form.

She said on October 20th 2009 - "Mr Speaker when we accepted the final report from the joint select committee that were looking at the bill we were completely satisfied with their recommendation of a provision to restrict marriage and like relationships to one man and one woman within Jamaica and that the provision should be specifically spelt out so that there could be no ambiguity .......... yes one man one woman (laughter in the house) and if you are Jamaican and go overseas the same applies ..........."

Has her position changed so radically? ........ Interesting times lie ahead people.

Peace and tolerance

H


UPDATE Jan 13, 2012
Meanwhile JFLAG tries to clear up the ultimatum versus request mess on the 100 day issue with the PM and the buggery review via yet another press release:

J-FLAG DID NOT GIVE ULTIMATUM

Kingston — January 12, 2012
The Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG) wishes to clarify that the organisation has NOTgiven the government an ultimatum.

On January 3, 2012, CVM TV contacted the organisation for a comment on its expectations of the new administration following the Peoples National Party’s (PNP) win in the General Elections. This was in the context of the bold pronouncements the Most Honourable Portia Simpson Miller had made during the leadership debate. NewsWatch reported, J-FLAG’s Executive Director, Dane Lewis as saying “To be realistic, I imagine within the first hundred days at least the issue could be raised, with a look at how to proceed.”

However, many have misinterpreted this statement of expectation as an ultimatum. Mr Lewis also highlighted that Jamaica is required by the end of 2012 to report to the UN Human Rights Committee reviewing Jamaica’s status under the International Covenant on Civil & Political Rights “on what concrete steps it’s [Jamaica] making towards removal of discriminatory laws”. It is within this context that the comment was made. J-FLAG wishes to reiterate that it has not issued an ultimatum but offered a comment on what could be done by the Government within the first hundred (100) days to demonstrate its recognition of the broad human rights concerns that affect all Jamaicans. This is a common strategy which has been used by many other organisations in civil society and private sector.

Like all Jamaicans, J-FLAG remains committed to the human social and economic development of Jamaica. In so doing, J-FLAG will continue to defend the rights of lesbian, gay, bisexual and transgender Jamaicans from discrimination, harassment and violence.

ENDS

As I hinted in a previous post on my sister blog GLBTQJA on Wordpress mistakes such as granting a telephone interview (sans any consultations with the community I might add) to the media in a "hot environment" when homosexuality or related matters are in the public domain is a no no, all the J should have done was waited and not mention anything at all to do with any time line in any way, shape or form now for it to be misrepresented as an ultimatum. We have had previous misconceptions before of JFLAG's position by media and one would have thought that as a former media participant himself the Executive Director of JFLAG Mr. Lewis would have known the ins and outs of local media with regards to hot button issues such as this. The San Francisco boycott some years ago and the suggested EGALE tourism boycott as well are prime examples of learning curves for the group and speaking just a little too much but when it's time to speak there is silence. How many mistakes are there to be made before it is perfected? one never knows.

PNP Wins ................Hope for LGBT People ???

Congratulations to the PNP

As for the question/title many say yes, Pollster Mr. Don Anderson had predicted and gave the People's National Party a lead of over 4%. This is in keeping with the trend which they said they had picked up and experienced on the ground.

Don Anderson had called – 51 seats

PNP – 28 seats

JLP – 23 seats

Unable to call – 12 seats

The PNP, according to Don Anderson, is leading in the 12 constituencies which he is unable to call but the results last night were called at around 9pm PNP 41 - JLP 22 and as jubilation set in mixed with awful comments from the LGBT community about other LGBT people who apparently supported the losing Jamaica Labour Party which suggests we have a long way to go in terms of our own so called unity that is so artificial flooded the social networking sites and blackberry services. The Jamaica Labour Party's main office at Belmont Road was described as a graveyard as the news spread. 

The victory added to general election success secured by the PNP in 1955, 1959, 1972, 1976, 1989, 1993, 1997 and 2002.


The JLP won the elections in 1944, 1949, 1962, 1967, 1980, 1983 and 2007.

The hint to the People's National Party leader's conscience vote on buggery albeit not a party position still as was suggested by leader and Prime Minister in waiting Portia Simpson Miller that the Buggery Law should be reviewed came some days before by way of Peter Phillips at a press conference on December 24 and a follow up from Mrs Miller that her administration will not get into people's bedrooms at a meeting in a rural area. The campaign had been scarred since that answer to a question of her agreement or not with former Prime Minister Bruce Golding's Not in My Cabinet rant. She of course disagreed and then proceeded to suggest the conscience vote in parliament similar to the death penalty vote some years ago. then came:

Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11 by glbtqja4 (audio)

on December 27th came a second press release from the PNP on the issue:

NO REPEAL OF BUGGERY ACT, SAYS PNP

December 27, 2011: The People's National Party (PNP) has labeled as deliberate mischief making by the Jamaica Labour Party (JLP), suggestions that it supports a repealing of the Buggery Act. The PNP says that is not its position.
The PNP says the JLP has been circulating the false assertion about the Party's position on the matter in a desperate bid to make the matter an issue of contention to gain political advantage.

PNP Campaign Director, Dr. Peter Phillips said at a press conference to wrap up the party's campaign today that the PNP has no position to repeal the Buggery Act, and that the issue arose out of a question posed to party leader Portia Simpson Miller during the recent national debate with prime minister and JLP leader, Andrew Holness.

"This arose out of a question and there is no position taken by us of a repeal. We recognize that there are some persons, who for their own partisan political reasons, would wish to distort the Party's position as it relates to the Buggery Act," Dr. Phillips said.

He adds that the Party Leader has proposed a review of the Act, and not a repeal of it.

"During the review, every Member of Parliament will be required to bring to bear on the discussions, the views and the opinion of his or her constituents. At the end of the review, if a vote is to be taken, the vote will be a conscience vote, which means each Member of Parliament will vote according to the directive of his/ her constituents," Dr. Phillips says.

This is in keeping with the position taken by the PNP President, who indicated at the national debate that the people of Jamaica should let their voices be heard on the matter through consultations spearheaded by Members of Parliament, so that a Parliamentary debate and vote on the issue would not be confined to the views of Parliamentarians alone, but rather, would be reflective of the views and will of the people in constituencies across the country.

Responding to questions posed by journalists about accusations leveled on the campaign trail by Daryl Vaz that the PNP had received funding from overseas-based gay rights groups, Phillips said such accusations were not true and a "total fabrication" as the party had in no way supported "any gay agenda".

"This is a total fabrication of Mr. Vaz and his very active imagination and speaks to the desperation in that (the JLP's) campaign," said Phillips.

The PNP will end its election campaign today with a tour of western parishes and culminate with a meeting in the South West St. Andrew constituency of Party Leader, Portia Simpson Miller, followed by a gospel concert at the party's 89 Old Hope Road headquarters.



Since then some LGBT persons have reposed all faith that the PNP will in essence "free up" the buggery law and gay people can be free but in my view it is not so easy as saw the very morning after the leadership debate and the suggestion by Mrs. Simpson Miller on the Buggery review that Christian right movement coming out on the issue while worrying about gay marriage demands following that and even the Ombudsman who is supposed to be an impartial arbiter found himself making what seemed disparaging remarks from his church pulpit in a supposed attempt to influence voting against the People's National Party just days before the polls were opened, Human rights group Jamaicans for Justice came out swinging and had called for his resignation but he replied firstly that he was misquoted by the group this coming some thirty six hours after he was quoted and reported on in news media while he made no attempts to challenge the outlets and to correct the reports but suggested the JFJ was disingenuous and that they should get the tapes of his sermon, he then responded afterwards that he can separate his role as a Bishop from that of Ombudsman and still be an impartial judge when the time came. 

The Jamaica Labour Party's humiliating defeat raises several questions:

Is the Dudus matter still fresh in persons minds that West Kingston although reclaimed by the JLP has lost serious support?


Is this a majority of available votes but still a minority government in terms of national percentages?


Does the LGBT community have to wait till it reaches a conscience vote before action?

What else can be done to encourage discussions on the decriminalization of buggery or its full repeal?

Why was the voter turn out so low despite an aggressive campaign on both fronts?

Did the pink vote have alot to do with it and how so?

Will Mrs Simpson Miller be able to call the conscience vote she hinted to, if ever?

Are the other 40 members of her upcoming cabinet prepared to come out if and when this debate begins, be it in parliament or in the public domain?


Was the feeling that there was not a major crisis the undecided made a decision to stay away from the process?  ... since major crisis pulls out or forces voters to the polls on the day

Were the crowds we saw on the campaign trails travelling muses to present and create an illusion of support (just from core)?

Will the JLP take this humiliating defeat lying down or will there be awful revenge actions?


Has civil society won here in terms of pressure to parties on corruption?


Did the negative ads turn off persons?

Will the JLP brass and followers blame homosexuals for this and launch covert attacks on gays?

What has caused the majority of registered voters to be so aloof and not participate?


Did the technical issues on the day cause voters to turn away as well, including die hards?

Did the previous aid controversies force Mrs Simpson Miller's hand to suggest the buggery law review?


Was the timing of the "gay question" in the leadership debate planted to introduce the matter as a platform issue to get the pink vote?

Will there be violence from the PNP towards JLP strong winners despite their poll victory? as some reports suggest a JLP MP had to seek protection in his own home following threats

Certainly the new administration has its work cut out for it and celebrations will have to be short but some of us in the LGBT community and those on the ground are concerned about any possible perception that homosexuals are responsible for giving the PNP the landslide victory while not taking into account the non interest by the eligible voters and the undecided. Just by scanning the radio stations yesterday callers to phone in shows persons are not happy with the Buggery Law review suggestion but it was not reflected in the vote for the PNP or is it the just the pure satisfaction of seeing the back of the Jamaica Labour Party while in the Christmas and new year's celebrations that have softened that usually strong anti gay anything response? There is also a suggestion that the campaign ads by the Jamaica Labour Party which attempted to paint the People's National Party and the leader Mrs Simpson Miller as incompetent while not presenting any meaningful alternatives of what the JLP intended to do was blamed too for their shocking demise as persons may have arrived at a conclusion of revenge voting to send a message. A message has also been sent I feel to the new administration in waiting that the populace is not prepared to remain supportive if they fail to deliver one term or not as it is the first time any political party has ever been in office for only one term, usually sympathy votes or continuity interests keep a party in power for a second term. The loss of certain key seats too is of major concern, did the Bruce factor as I call it cause that as persons described his successor Andrew Holness as "baby Bruce" hinting to a continuation of the previous agenda but under a new leader.

A conscience vote on buggery should not have even been mentioned I think by Mrs Miller during that leadership debate as at that time of the campaign as we were not sure where the vote would have went, we most certainly never expected a landslide but with a 22 seat majority how many of them are on her side or even actually support the suggestion made by Mrs Miller which to me gave the JLP the ammunition they needed to launch the openly homophobic campaign presentations (she should have kept that in her pocket), but even after strategic interventions and talks to get support for the review and subsequent good reasons for repeal or decriminalization of the act the nation is left to convince and create an air of real tolerance. How much of the other 40 members of parliament on her side will support this? despite the fact that the PNP has voting majority to change deeply entrenched legislation. 

We must not forget the presence some anti gay figures in the PNP who are still in the structure that of former Attorney General A. J Nicholson who supported nearly every anti gay move during his years including the tumultuous years of the Sexual Offences Bill Debates, the Charter of Rights struggles and his open castigation of gay marriage, even Portia Simpson Miller herself sided with Bruce Golding on the no to gay marriage smoke screen after digging my archives I found the presentation by Mrs Simpson Miller in 2009 (poor audio though) where she sided wholeheartedly with the then Prime Minster Bruce Golding (his speech linked) on the banning of gay marriage, gay marriage rights by the way was never asked for by the LGBT advocacy structure but it was dishonestly pushed on the agenda during the Charter of Rights debate then as a smoke screen to deny us recognition in the Charter.


She said on October 20th 2009 - "Mr Speaker when we accepted the final report from the joint select committee that were looking at the bill we were completely satisfied with their recommendation of a provision to restrict marriage and like relationships to one man and one woman within Jamaica and that the provision should be specifically spelt out so that there could be no ambiguity .......... yes one man one woman (laughter in the house) and if you are Jamaican and go overseas the same applies ..........."

Her predecessor former PM and party leader Percival James Patterson, PJ also made it clear that he was not going to legalize buggery in his tenure despite the strong perceptions of his own sexuality, Miss Simpson echoed nicely in the right time as well a sentiment previously expressed by one of PJ's greatest critics radio talk show host Wilmot Perkins who has been constant by saying persons should be hired due to their competence and qualifications than sexual orientation, he even went as far as to call for the repeal of the buggery law, a call he has had to defend vigorously, only this year after the International Day of Tolerance he was scolded for his stance by way of a letter to a newspaper along with several phone calls to his talkshow. 

The JLP early in the game showed their hand via several anti gay slurs some to the unease and disgust of their own supporters who are LGBT though supposedly small in numbers after the leadership debate clearly playing on the national feeling on homosexuality to gain momentum in their campaign but with the putrid, contemptuous and bitter hatred of the Labour party and any other LGBT community members who openly supported them prior to the homophobic moves they undertook it shows there are deep seated feelings that have been stoked by this election and are coming out loudly that seems to be resting on a shaky hope but hope none the less that buggery between consenting adults may be reviewed if not decriminalized. The confusion for some however that the law is going to be lifted by the PNP still exists and seems to be growing while not understanding it was a review with a possible vote in parliament that will follow that was the suggestion. With an already ineffective Jamaica Forum for Lesbians Allsexuals and Gays, JFLAG and other advocates in as far as poor communications and public relations on gay issues both to the community and general society over the years we may find ourselves in a quandry on this sticky matter we would have been in a better position to merge efforts in this seemingly new found enlightenment by the then opposition leader now turned Prime Minister in waiting. Progress? but with some fallout I fear that we never bargained for as we know well whenever this matter reaches the mainstream the more visible stereotyped gay and gender non conformists suffer at the hands of homophobic violence. We should have been better prepared for this, other eventualities and other opportunities so we can move on them when they arise instead of having to worry about strategies, arguing and bucking.

We just have to wait and see as there are other major issues to do with the economy and jobs more so with the outside shocks from the worldwide recession. The cultural dynamic also presents itself as persons tend to prefer bitter medicine from mothers than fathers, matriarchal elements?


The PNP in my view has to be mindful that while it won the majority due to core support it has not gotten a majority mandate from the numbers of persons who were eligible to vote numbered just over 1.6 million with only just over 50% voter turnout, it therefore does not fully represent the majority of the nation and may have some issues later in its tenure despite the numbers in the house to make changes to items that are entrenched in the constitution. Interestingly Guyana is still struggling to get their election results settled while we maturing as we are have settled this so well.
We should learn the lesson of the fragility of hope here as well and how easily people can be turned on or off.


Peace and tolerance


H 

Perkins scolded for his "tolerance"

A day after the International Day of Tolerance long time talk show host, former Gleaner and Daily News (now defunct) columnist, controversial opinion figurehead, political archiver and outpsoken tolerance to homosexual activist in a sense Wilmot "Mutty" Perkins has been scolded for his long time stance on private consensual same sex activity. His position was clear and he has been consistent on the issue for decades especially during the P. J Patterson years as Prime Minister when his private life and suspected homosexual orientation was brought into question juxtaposed to his leadership qualifications, Mr. Perkins then was resolute that someone's sexual orientation is not of concern so long as they are performing on the job, he still holds that view as echoed recently to callers who challenge his position. He has also said he has homosexual friends with whom he has stimulating conversations on art, theology, anthropology and other subjects. During the Sexual Offences Bill debates as well and the Charter of Rights furor he reiterated his position with regards to tolerance, privacy and evasiveness of the old laws obstructing consent between adults.

He has also expressed repeatedly his support for same sex unions rights to be afforded to LGBT people with more emphasis on the benefits afforded to heterosexual couples from the state equally shared with gay unions as well, such as pension and death/funeral grants.

Here is the letter:

No, Mr Perkins

Dear Editor,

I must respond to a comment made on Perkins Online on October 25 by Wilmot Perkins.

In his conversation with a caller, he happened to utter the unforgivable lines that if two consenting males happen to be in the privacy of their homes engaging in their acts of buggery, he has no problem with that and that in fact it would be none of his business.

He also challenged those who put forward the idea that young boys would be open more to abuse by older men who are homosexuals, if the laws relating to homosexuality in Jamaica should be discontinued. His line of argument was that both young boys and girls are being abused in society in other ways, so in effect buggery would be just another form of abuse. He went as far as to point out that heterosexuals should be glad that they were born with their specific sex tendencies and sympathise with the unfortunate homosexuals being born the way they were.

I am totally disappointed in a man whom I grew up listening to on the radio and for whom I've had deep respect. I can tolerate his open vociferous defence of the JLP, although I think that his position on radio as a talk show host should have tempered his political outpouring so as to preserve the integrity that goes along with his type of job.

It surprises me that such an educated individual seems not to see that we are all connected at some point in our existence and that the action of one individual or two or more for that matter, will have an effect on the rest of society. There is no deviant behaviour by an individual that will not have a repercussion on the rest of society. Hence one should always be mindful of their actions, even in the privacy of their homes.

Consider two men together as partners that will leave two women without a partner for themselves. These women will either have to choose between becoming lesbians, being celibate or sharing someone else's fellow. The latter choice will mean rearing children as single mothers or destabilising somebody else's family. There will be no guarantee of the full influence or presence of a father figure within that family. God forbid those two fellows wanting children in their union. Imagine the scenario that would ensue.

So you see, Mr Perkins, it does matter what other people do when they live in a community or a society. There are only two remedies for this situation in a country like Jamaica. It's either total isolation without any interaction with the rest of society, or total elimination for those considered deviants. That is why some people don't want such people in their environment, because they are bound to have an effect on other people. After all, you catch the fish from the sea and carry it home, but that fish is in the big sea along with others.

So Mr Perkins, every action matters. Think about the biblical Sodom and Gomorrah.

Ras Roger

rastadeacon@facebook.com

ENDS

Clearly what we have here is a mad homophobe but more and more media personalities however seem to be more enlightened such as Elon Parkinson on CVM's Live @ 7, Simon Crosskill one half of the Smile Jamaica crew who was caustic back in the day towards LGBT subject matter and who seems to be in the process of making an about face, Ian Boyne from JIS, TVJ's Profile and Gleaner columnist and Religious Hardtalk has been balanced in his pronouncements on gay/lesbian issues despite his background in theology and his proclivity towards religious arguments. How quick some of us are to judge I wonder if when we turn the magnifying glass on this writer what will be unearthed? why do some persons feel they have greater authority to determine what is right and morally just for someone else?

Who are we to point fingers at each other when it's my private business that is of concern here?

Such is the nature of persons who are not one sided but can judge for themselves they get vilified by ignorant homophobes who refuse to think.

Peace and tolerance

H 

The Creaking Hinges Of Closets And Cabinets

by Glenda Simms

It is rather surprising that the opinion makers and policy analysts in the Jamaican society appear to have been taken off-guard by the strong, threatening and direct statement made to the members of the Commonwealth exclusive club by the prime minister of Great Britain. He has unequivocally told all the world that aid from his country's coffers will be withdrawn from countries which have not removed buggery and other discriminatory laws that violate the human rights of homosexuals from their books.

Since 2010, the government of Britain, in preparation for the 2011 meeting in Perth, Australia, has put much effort into ensuring that the British Overseas Territories prepare themselves for the extension of all human rights treaties that have been ratified by the mother country. To this end, the Convention on the Elimination of All Forms of Discrimination Against Women has been given top priority.

This new-found energy to ensure that all Commonwealth citizens realise their full potential in societies that respect the rule of law, democracy and dignity in a framework of full human rights was a major plank of The Eminent Persons Group which examined all the issues of human rights in the Commonwealth and proposed a Charter of Commonwealth Values in the name of all the Commonwealth people so that every one of the 54 countries in this post-colonial club take the persistent infringements of human rights in their territories more seriously.

In Canada, the Stephen Harper Conservative government had the full support of its members and the opposition parties to press for gay rights at the Perth meeting.
Similar proactive approaches were discussed in all the 'old Commonwealth countries'. No doubt, the planned agenda items and emphasis were transmitted to all 54 governments of the Commonwealth. Jamaica, therefore, must have been well aware of the seriousness of the human-rights implications of the Perth conference.

The issues raised in an opinion piece published by Michael Kirby on October 25 are very relevant to the outcomes of the Commonwealth Heads of Government Meeting that was recently held in Perth.
In his capacity as a member of the Eminent Persons Group that led the discussions on the future of the Commonwealth, Kirby has an informed perspective not only on the issues that would be discussed in Perth but also on the stance that would be taken by Britain, Canada, Australia, New Zealand and South Africa.

In his article, 'Commonwealth must ensure gays are not equated with criminals', Kirby argued that the whole world knows that the British Commonwealth of nations is divided on the legal issues of sexual orientation. He further pointed out that this problem is a specific Commonwealth problem, because more than half of the 80 countries which still criminalise same-sex relationships between consenting adults are members of the Commonwealth.

He also argues that in 2010, there were many reported cases of physical and verbal violence against gays in the so-called "new Commonwealth". Jamaica is one of the countries that fall in this category of newness.

colonial criminalisation

The interesting point that Kirby makes is that the criminalisation of gays and their lifestyle is unique to the British colonial project. He argues that other colonisers such as the French, Portuguese, Spanish, Dutch and Belgian empires did not have laws that criminalise homosexuality, therefore, this problem does not exist in the colonies that these nations spawned across the world.

In short, the issue of laws that criminalise homosexuals' private lifestyle is a uniquely British Commonwealth dilemma. By the same token, Kirby argues that "just as sexuality is a special Commonwealth problem, so is HIV/AIDS, which is twice as prevalent in Commonwealth countries as elsewhere in the world".

This issue was reflected in resolutions adopted by the United Nations General Assembly on June 10. In this Political Declaration on HIV/AIDS: Intensifying our Efforts to Eliminate HIV/AIDS, the following relevant important points were made by the General Assembly in its desire to guide the governments of the world.

Recognise that HIV/AIDS constitutes a global emergency, poses some of the most formidable challenges to development progress, and stability of our respective societies and the world at large, and requires an exceptional and comprehensive global response that takes into account that the spread of HIV is often a consequence and cause of poverty.

Express deep concern that HIV/AIDS affects every region of the world and that the Caribbean continues to have the highest prevalence outside sub-Saharan Africa.
Note that many national HIV-prevention strategies inadequately focus on populations the epidemiological evidence shows are at higher risk, specifically men who have sex with men ... .

Against this background, the Commonwealth nations of the Caribbean should recognise that stigma and discrimination based on the criminalisation of homosexuals through legal instrument, such as the buggery law, is strongly implicated in the spread of HIV in the region.
In other words, more and more men who have sex with men will find ways of hiding their sexual practices because they try very hard to keep out of jail. In the end, they pretend they are not gay. They oftentimes marry for social reasons in an effort to avoid the stigma and discrimination in their society.

It is, therefore, no surprise that in Jamaica, the Victim Support Unit of the Ministry of Justice, an article published in the October 25, 2011 edition of the Observer has discovered that significance of boys between age eight to 12 need therapy to deal with the fact that they have been buggered, no doubt by older men and bigger boys.
The time has surely come for the Government of Jamaica to rethink the effectiveness of the buggery law. While this law is designed to control the private activities of consenting adults in the bedrooms of the nation, it has not stopped paedophiles of all sexual orientation from sexually abusing far too many of the nation's children.
Now that the prime minister of Britain has threatened to withdraw much-needed funding from all Commonwealth nations which continue to violate the human rights of gay men, I suspect that Jamaica will have no choice but to find the oil to grease the creaky hinges of the closet and cabinet doors.

Glenda P. Simms, PhD, is a gender expert and consultant.

The Line in The Sand for The JLP part 13 - the ascention but the question:Will Holness be a pro-rights prime minister?

With yesterday's October 23rd historic moment for Jamaica's youngest and ninth Prime Minister as his predecessor Bruce Golding demitted office the Honourable Andrew Michael Holness was sworn in, many are asking what will he be bringing to the table? The People's National Party PNP who say they are government in waiting has poured cold water on his ascension saying he will not be changing any of Golding policies and die hard PNP supporters still hurt from the shock of Golding's sudden departure a full year before due albeit they were calling for his head are cynical to say the least and venomous in some places. It seems the shock is too much for them as the JEEP plan for unemployed persons that was touted by sister P as in its leader Portia Simpson Miller has stalled for too long and they can't seem to regroup with the JLP receives well needed traction and positive press for the most part.


A Gleaner poll today so far as at this post shows favourable ratings for Prime Minister Holness 

Meanwhile Jamaica Forum for Lesbians Allsexuals and Gays JFLAG's Programs Manager Jae Nelson had written a piece on October 7, 2011 that has mysteriously disappeared from the Gleaner's site that asked will Holness be a pro rights minister?

Prime Minister, the Hon Andrew Holness, and his predecessor, Hon Bruce Golding, share a laugh during the swearing in exercise at King’s House on Sunday (October 23).

PM Holness' Swearing Speech: Better Politics, Better Policies, Better People

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The new Prime Minister of Jamaica, the Most Hon Andrew Holness, and his family wave to the audience at King’s House, after being sworn in on Sunday (October 23). At right is his wife, Juliette, and in front his sons, Adam (left) and Matthew.

Mr Nelson wrote:

It is widely accepted that development is about the respect accorded to human dignity and freedoms. Rights facilitate democracy and participation, as well as accommodate diversity of languages, identities, cultures and different models of development.Unfortunately, Jamaica and familieshere has been a deficit in the Jamaican Parliament over the years where human rights are concerned. As a consequence, we have suffered a horrendous branding internationally, especially in relation to extrajudicial and summary killings, treatment of prisoners,Netherlands. homosexuals and children.Martin Henry once said, despite the soundness of our Constitution, there is a rampant breach of rights by fellow citizens while the state and its government stand aside and look. Many of us rubbish such commentary despite the ct that our prisons are overcrowded, schools built to accommodate 600 students have double and triple occupancy, more than 200 persons are killed by the police annually, negligence at one state-run facility resulted in a fire which killed seven juveniles in 2009, and more than 120 persons have been abused because of their sexual orientation between 2009 and 2011.However, the most egregious violation of our rights is that we are denied the opportunity to challenge the constitutionality of any law that predates political Independence. To make it worse Czech Republic, the Parliament resaved this law (Section 26 of the Constitution) when the Charter of Rights was enacted this year.There is deafening silence when many of these abuses are perpetrated or when the vulnerability of some of these groups to discrimination must be taken into consideration. For example, health status, sexual orientation, and disability were not included as grounds for non-discrimination in the Charter of Rights. 


The Sexual Offences Act Kenya, passed in 2009, is biased towards women and girls, thereby ignoring the vulnerability of males to ual violence. This is partly because our well-intentioned political leaders perhaps lack the knowledge and appreciation for human rights and fear that any support for the unconventional will ruin their popularity at the polls.Bold StepsNone of us should continue to accommodate human rights abuses. Our 50th anniversary of Independence is an important time in our history, and we must take more bold steps to become fully compliant with the myriad human rights conventions we have ratified. We often say the right things internationally,Ghana. but they are rarely translated into laws locally. Protecting and promoting the human rights is imperative, because if Jamaica is ever to become the place of choice to live,Sudan. work, raise milies and do business Bahrain, development policies and laws must encourage and promote equity and social justice among all people and within groups, regardless of our ideological persuasions.Understandably, we will not be able to subjugate our personal, cultural, religious and other beliefs overnight. However, given that the breach of human rights has negative implications on reducing poverty and conflict, and promoting peace and justice, we must lend our support to efforts that seek to guarantee the rights of all Jamaicans.Jamaicas goals are to: 


(1) ensure that we are empowered to achieve our fullest potential; 


(2) the society is cohesive and just; 


(3) the economy is prosperous; 


and (4) we live in a healthy environment. Fifteen national outcomes support the goals to become a developed country,Search. which is our vision for 2030.As citizens, we must begin to assess the extent to which human rights are applied towards achieving the goals of the national development plan. Enriching the lives and freedoms of ordinary people is fundamental to the process of human development because it empowers oppressed and marginalised groups within our society.Crucial LegislationMany strides have been made over the years. A number of important pieces of legislation, such as the Child Care & Protection Act, Charter of Rights, and Sexual Offences Act, have been enacted. 


There are also policies in place governing the management of HIV in schools and ensuring non-discrimination in workplaces, to name a few. There is also an Independent Commission of Investigation, childrens advocate and public defender. In some respects, our quandary is enforcement of these policies and legislations.Nevertheless, we are routinely serenaded with these unflattering reports from human rights organisations such as Jamaicans for Justice and J-FLAG. International players such as Amnesty International, Human Rights Watch and the US Department of State have also chimed in with their reports.We are most desperately in need of a prime minister who will be pro-rights. Andrew Holness, the endorsed successor of Prime Minister Bruce Golding, must take bold steps in ensuring that the human rights of all Jamaicans, including the most vulnerable and marginalised persons, Peru. will be protected and widely promoted. 


 Email feedback to lgbtevent@gmail.com or jaevion@gmail.com 

ENDS

Governor-General, His Excellency the Most Hon Sir Patrick Allen, looks on as Prime Minister, the Most Hon Andrew Holness, raises his hand and takes the Oath of Office at his swearing in at King’s House on Sunday (October 23)

Political commentators had mixed reactions about the speech and one influential said he sounded more like he was in parliament than at a formal swearing in ceremony, he may need to work on his charisma and projection as he comes across to the public, a younger more hip generation may zone out I fear if he doesn't manage his communications which in my mind all the more reason he needs a proper communicator in information as suggested in Part 12 of this series early days yet but let us see.

Line in The Sand? may not just yet, when all this feel good atmosphere cools down and he decides on the election and the way forward with a new cabinet (which may include closet cases as before) will be the ultimate test of his mettle. 


Peace and tolerance


H 

Second revision of Cotonou agreement 2007-2013 financial framework of development assistance .... LGBT rights?

As the furor continues over the threat to deny aid to African countries who maintain anti gay positions the new Cotonou Agreement when fully perused seemed to have left out the whole business of LGBT rights, let us also not forget that the African Caribbean and Pacific ACP countries had strong opposition to any move that seemed as an imposition of attachments to benefits in exchange for some lgbt rights. 

In November last year they had issued a threat of sorts in the form of:

African, Caribbean & Pacific issue declaration to EU "To refrain from any attempts to impose its values which are not freely shared"

and in March they: African, Caribbean & Pacific Countries refuse to include declaration of gay rights in Brussels.

• Negotiations were concluded on 19/03/2010.
• Official signature ceremony took place in Ouagadougou, Burkina Faso, on 23/06/2010.
• Revised Cotonou agreement will be applicable on a provisional basis from 01/11/2010.

The Cotonou Agreement is the most comprehensive partnership agreement between developing countries and the EU. Since 2000, it has been the framework for the EU's relations with 79 countries from Africa, the Caribbean and the Pacific (ACP) . The first revision took place in 2005 and prepared the ground for the

The second revision  adapts the partnership to changes which have taken place over the last decade, in particular:

• The growing importance of regional integration in ACP countries and in ACP-EU cooperation is reflected. Its role in fostering cooperation and peace and security, in promoting growth and in tackling cross-border challenges is emphasized. In Africa, the continental dimension is also recognized, and the African Union becomes a partner of the EU-ACP relationship.
• Security and fragility : no development can take place without a secure environment. The new agreement highlights the interdependence between security and development and tackles security threats jointly. Attention is paid to peace building and conflict prevention. A comprehensive approach combining diplomacy, security and development cooperation is developed for situations of State fragility.
• Our ACP partners face major challenges if they are to meet the Millennium Development Goals,  food security, HIV-AIDS and sustainability of fisheries. The importance of each of these areas for sustainable development, growth and poverty reduction is underlined, and joint approaches for our cooperation are now agreed.
• For the first time, the EU and the ACP recognize the global challenge of climate change as a major subject for their partnership. The parties commit to raising the profile of climate change in their development cooperation, and to support ACP efforts in mitigating and adapting to the effects of climate change.
• The trade chapter of the Agreement reflects the new trade relationship and the expiry of preferences at the end of 2007. It reaffirms the role of the Economic Partnership Agreements to boost economic development and integration into the world economy. The revised Agreement highlights the challenges ACP countries are facing to integrate better into the world economy, in particular the effects of preference erosion. It therefore underlines the importance of trade adaptation strategies and aid for trade .
• More actors in the partnership : the EU has been promoting a broad and inclusive partnership with ACP partners. The new agreement clearly recognizes the role of national parliaments, local authorities, civil society and private sector.
• More impact, more value for money : This second revision is instrumental in putting in practice the internationally agreed aid effectiveness principles, in particular donor coordination. It will also untie EU aid to the ACP countries to reduce transaction costs. For the first time, the role of other EU policies for the development of ACP countries is recognized and the EU commits to enhance the coherence of those policies to this end.

Overview of ACP-EC-Partnership Agreement ("The Cotonou Agreement")

European Development Fund (EDF) is the main instrument for providing Community assistance for development cooperation under the Cotonou Agreement. The EDF is funded by the EU Member State on the basis of specific contribution keys. Each EDF is concluded for a multi-annual period.

The "Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part and the European Community and its Member States of the other part" was signed on 23 June 2000 in Cotonou, Bénin ? hence the name " ACP-EC Partnership Agreement" or "Cotonou Agreement". It was concluded for a twenty-year period from March 2000 to February 2020, and entered into force in April 2003. It was for the first time revised in June 2005, with the revision entering into force on 1 July 2008.

The Cotonou Agreement is a global agreement, introducing important changes and ambitious objectives while preserving the 'acquis' of 25 years of ACP-EC cooperation.

Compared to preceding agreements and conventions shaping EC's development cooperation, the Cotonou Agreement represents further progress in a number of aspects. It is designed to establish a comprehensive partnership, based on three complementary pillars:

• development cooperation,
• economic and trade cooperation, and
• the political dimension.

The objectives of the Cotonou Agreement
<>The partnership is centred on the objective of reducing and eventually eradicating poverty consistent with the objectives of sustainable development and the gradual integration of the ACP countries into the world economy (Art. 1 of Cotonou Agreement). The fundamental principles of the Cotonou Agreement

• equality of the partners and ownership of the development strategies;
• participation (central governments as the main partners, partnership open to different kinds of other actors)
• pivotal role of dialogue and the fulfilment of mutual obligations
• differentiation and regionalisation

The actors of the Cotonou Agreement

• The actors of cooperation are:
• States (authorities and/or organisations of states at local, national and regional level);
• Non-state actors (private sector; economic and social partners, including trade union organisations, civil society in all its forms according to national characteristics).

The implementation of the Cotonou Agreement
The 10^th EDF covers the period from 2008 to 2013 and has been allocated ? 22.7 billion; it was established between the EU Member States by Internal Agreement. In comparison to the 9^th EDF which covered the period 2000 to 2007, the initial amount available has increased by almost 65 % (the 9^th EDF was initially allocated ? 13.8 billion for 2000-2007).

The cooperation with the ACP States funded from the EDF is complemented by development cooperation funded from the EC budget, through budgetary instruments - the Development Cooperation Instrument, the Instrument for Stability, the European Instrument for Democracy and Human Rights and the European Humanitarian Aid Instrument.

Revision clause:
The Cotonou Agreement provides for a revision clause which foresees that the agreement is adapted every five years till 2020.

In accordance with Article 95 Cotonou Agreement, the main reasons for the Second Revision of the Cotonou Agreement are:

• to preserve the relevance and the outstanding character of the Partnership between ACP and EU countries;
• to adapt the Agreement to recent major changes in international and ACP-EC relations;
• to further develop several themes that are essential for both parties:
• • the political dimension, institutional issues and sector specific policy issues;
  • economic cooperation, regional integration and trade;
  • development finance cooperation, including humanitarian and emergency assistance and new development advances in aid programming and management.

The contracting parties and the "ACP Group of States"
The Cotonou Agreement established a unique partnership between the ACP States on the one hand, and the European Community and its Member States on the other hand.

The notion of "ACP States" goes back to the "ACP Group of States", formally established in 1975 with the Georgetown Agreement , which was initially signed by 46 African, Caribbean and Pacific states. Today, the ACP Group of States counts 79 countries , 78 of them signatories of the Cotonou-Agreement (with Cuba being the exception). S outh Africa is a contracting party of the Cotonou Agreement, but not all the provisions apply to the cooperation between South Africa and the EC (see protocol 3 of the Cotonou Agreement).

The ACP Group of States has its own institutions and decision making processes. It relates with the European Community through the joint institutions of the Cotonou Agreement.

When the initial news of the intention as espoused by David Cameron on GLBTQJA Wordpress I had expressed my concerns about the perception of countries being forced to adopt gay rights, we saw what happened when out going Prime Minister Golding made mention of us not caving in to foreign imposition during the invented gay marriage debate and the Charter of Rights.  My two cents then was:

My two cents

But what will that do though in the long run if most states and including Jamaica outside of the region mentioned in the article have a strong beliefs or perception that homosexuality is an import and that actions such as this are forcing the hand of countries with “christian principles” and “high moral values” to capitulate to the powerful gay lobby from first world nations? yet The Prime Minister David Cameron is not gay as far as we know but could be viewed as a puppet in the scheme of this with the pressure coming and positions from the European Union side of things and other bodies such as the United Nations on sexual orientation.

Is forcing countries to comply the way to go?

Or hitting them economically?

continue HERE

Peace and tolerance

H