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.

A marriage and another activist seeks asylum .............

According to the 

Jamaican gay activist, Maurice Tomlinson, married a Torontonian

Catherine Porter

The day after Jack Layton’s funeral, eulogist Stephen Lewis and pastor Brent Hawkes congregated again for a different holy ritual: Maurice Tomlinson’s wedding.
Tomlinson is a leading gay activist in Jamaica — the only country in the Western hemisphere where gay sex is still illegal.

In Toronto, he married Tom Decker, a police officer-cum-pastor in the Metropolitan Community Church of Toronto.
The UN’s former special envoy for HIV/AIDS in Africa was the best man. Hawkes married them. Tomlinson wept with joy throughout the ceremony, but he didn’t invite any of his family out of fear.

Talk about a double life.

“In Canada, I have a husband,” he told me from their little red-brick row home in Toronto’s east end. “In Jamaica, I have a good friend.”
In the past year, Tomlinson has received three death threats for speaking out against the country’s virulent homophobia.

He’s stopped going to parties and bars and public beaches, he says.
He’s right to be scared. Vigilante justice against gay men is common in Jamaica, a country where 82 per cent of people self-identified as homophobic in one recent survey. Last year, two men were chopped to death with machetes because they were gay.

Former Prime Minister Bruce Golding was openly homophobic: he said he’d never appoint a gay person to his cabinet. According to the law, consensual sex between two men in Jamaica will get you 10 years of imprisonment and hard labour. Any “act of gross indecency” — like kissing — will get you two years.

The law is rarely enforced. More often, police use it for extortion, Tomlinson says. But its very existence fuels the mobs, machetes in hand, since gays are legally criminals. Even the police officer who recorded his first death-threat report “went on a tirade that he hates gays, who deserve to die,” says Tomlinson.

For two years, Tomlinson has collected victim reports as a legal adviser for Lewis’ international advocacy organization, AIDS-Free World. Now, he’s taking them to the Inter-American Commission on Human Rights, since the Jamaican charter protects the laws against “sexual offences” from constitutional review.

“There’s an African proverb: you are mopping the floor while the tap is still running,” says Tomlinson, 40. “If you don’t change the law, you’ll never change the attitude.”
The commission is likely to hear his petition this spring. Even though it has no authority over Jamaica’s parliament, it will be a big moment for the island’s underground gay community.

Dirty laundry for all to see.

There is other good news. On Jan. 29, Tomlinson will be in England to receive the inaugural David Kato award for gay human rights activism. Kato, a Ugandan gay activist, was murdered last year. The award comes with a $10,000 grant that Tomlinson plans to use to give Caribbean police officers anti-homophobic training.

And, last week, Jamaicans elected a new prime minister, Portia Simpson Miller, who pledged to put the country’s anti-sodomy law to a vote in parliament.
“Justice will out!” Lewis wrote me in an email. “I genuinely believe this would not have happened had Maurice not spent the last two years on a personal crusade to convert Jamaica to tolerance.”

Tomlinson is less optimistic. He is sure parliament will be swayed again by the powerful evangelical churches and that machete mobs will continue unabated.
Change both seeps and charges. Just think: 11 years ago this month, Hawkes performed the country’s first gay wedding, wearing a bulletproof vest under his clerical vestments.
Looking at the freckles that splash down Tomlinson’s left cheek like sugar grains, I wonder how anyone could hate a man this breathlessly beautiful. He’s worried he’ll be dead by the time gays are no longer criminals in Jamaica. He’s applying for Canadian citizenship, he tells me. We’d be lucky to have him.

But I hope he stays in Jamaica.
That country needs him more.

Catherine Porter’s column usually appears on Tuesday, Thursday and Saturday. She can be reached at cporter@thestar.ca.

ENDS

two cents

One would have thought that in the middle of the struggle and the gift for some by the new administration to review the buggery law and seeing how Mr Tomlinson has thrown himself in the public eye as the face for LGBT advocacy at his own re-cognisance even appearing on local television only last evening on CVM TV (I missed it) this would be the last thing we would see, what a perfect gift for the homophobes to latch on to now? oh see they (gays) don't need to be here, they can go abroad and marry, let them get asylum and leave here as we don't want no battyman here in Jamaica are some of the thoughts I presume they must be saying after seeing this, thoughts and sentiments by the way that have been said before. Perfect too this showcase of the wide class divisions in the community as the more affluent can always escape direct homophobia but FIRE!!! or hell for a gay man who is found or even suspected to be such in the lower socio economic strata of Jamaican society even though there is a perception that homophobia is lesser today that years gone by and as is typical with many such as Maurice they seek asylum afterwards running away leaving the rest of us to face the music, another activist flies the coup, why am I not surprised? yet another activist runs off. 

Local papers have also caught on to the news as well. 

Some of us realised very early in the day that the buggery review tag was a nice election trick and a great way for any politician to escape scrutiny when tackled about buggery as knowing that it may not get a positive vote in the proposed conscience vote by Mrs Simpson Miller. If and when it happens as well, as many suspect in won't for a while to come however the results may come with negative majority, then any PM or representative can say well the vote was run and the people through their representatives have spoken and that is the end of the matter.

To finally having to see the true feelings from Tomlinson on the possible outcome of a conscience vote on the buggery law review from a FOREIGN publication also again raises the importance or lack thereof of the regard to the local LGBT community on the ground and relevant forumatic discourse needed. 

Knowing the invented gay marriage ploy used to castigate the so called homosexual lifestyle especially by the politicians including the newly elected Prime Minister Mrs Simpson Miller in 2009 when during the Charter of Rights Debate October 20th she said ""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 ..........."

We also saw restorative therapy advocate and raging anti gay pastor Rev Al Miller who also talks about marriage and family life being threatened by the homosexual lifestyle what a way to rile up the opposition now when our hands are still in the lions mouth, it's like the mistakes keep a coming only days before we saw the goodly JFLAG laying down an expectation as it is called by them for the buggery matter to be discussed within 100 days of the new administration of the PNP. Yes, I see the timing of this public marriage as a mistake at this important juncture which may greatly affect our position in the struggle on the ground. Strategy here anyone?

As representatives what and how we do or conduct ourselves is subjected to public scrutiny and it also leaves a strange feeling for some persons on the ground as in a conversation I was privy to on this news where persons questioned the legitimacy of the persons who put themselves forward as advocates on behalf of the rest of us supposedly. More and more cynicism is raising its head and motive is being looked for when all there is or seems to be is self aggrandisement and attention seeking in the eyes of some.

We may never know the truth as to the representation as is being put forward supposedly on our behalf sans any real honest consultations with the LGBT body politic. Again as I said in a previous post ” ….. yuh hand inna lion mouth u tek time draw it out,” (your hand is in a lion’s mouth you take your time and pull it out)

Peace and tolerance

H


UPDATE 30.01.12

Remarks by Maurice Tomlinson, AIDS-Free World’s Legal Advisor on Marginalized Groups, upon receiving the inaugural

‘David Kato Vision and Voice Award’

London, UK, January 29, 2012, 6:00 PM


more on audio (Feb 1, 2012)

 Ethical Professionlism & LGBT Advocates 01.02.12 by glbtqja4 

Did the talk of buggery turn persons off from the polls as well?

As the days roll on since the elections and the new year is in with today being the first official working day more and more as the Christmas and New Year's holiday sheen wears off reality seems to be setting in for Jamaicans, everywhere from radio news reviews, other blogs (gay and straight), barbershop/hairsalons, offices, on buses, downstairs from my workplace and even my African neighbour who is from Nigeria who is married to a Jamaican are adding the talk of the Buggery Law review as one of the turn offs from taking part in the polls. Let us also not forget no vote is still a vote and with the lowest turnout in many decades and the Jamaica Labour Party loosing even once key seats in the polls the shock to both sides is still real, it's as if persons are or were in a daze and are slowly awakening. There is a strong rumour although NOT true or proven that the government in waiting the People's National Party received money from gay contributors overseas hence the overwhelming vote for them supposedly by gays, at my office only this morning the workmen by a hardware were arguing vociferously on it saying they will not tolerate it if "Sista P" the affectionate name for Mrs Miller legalizes homosexuality, although it is not illegal but buggery is but the perception that it is still exists. This rumour I fear if not nipped in the bud and properly countered maybe the ruin of the PNP if they don't get their act together and any hope of a repeal may be delayed tremendously or derailed altogether. 


Many persons seemed more lost in the holiday merriment and making a buck or having traditional family celebrations and or were just upset that the elections were called in the period stayed away from the polls, not even the slick ad campaigns, the alleged vote buying, typical election excitement and online presence could get persons out. Some now conclude that the crowds we saw at both campaign tours on televisions and on online were persons bused in from Kingston or other parts of the island with strong support to create the illusion that there was a groundswell, why else would there have been low turn out by only core support for the PNP/JLP and an almost full ignoring of the voting process by the undecided with vexed feelings by disgruntled JLP supporters. One news review yesterday on radio suggested this as well and the gay vote was included as the LGBT community may have responded to the promise of the review of the buggery law by Sista P. The powerful religious community seems to have also stayed away from the polls whilst opposing the suggestion by Prime Minister designate Portia Simpson Miller to review the buggery law, powerful business interest also were quiet maybe expecting the continuation of the economic policies that benefited some of them, everyone seems caught by surprise on this one even the sharpest of wits on political matters Ian Boyne seemed stunned by the results.

Mark Wignall also who had predicted a possible JLP win retracted in essence his call in the Jamaica Observer, on January 1 Mr. Wignall wrote: Voters prove me horribly wrong. JLP soundly rejected that 

"A dwindling electorate is dangerous"


Where only the diehard, robotic base of both parties participated in the elections and one side captures two-thirds of the seats under such an arrangement, the question must be asked, which Jamaica do the political parties represent?
Can we honestly claim any broad-based representation, or is it that the PNP represents the poor and the JLP the not-so-poor?


As I asked in a recent column, 'Will unemployment, poor roads bite the JLP?' there was always going to be a believability factor facing both parties in terms of which one the people believed would deal with that pressing matter in a more urgent time frame.
The JLP Government had been claiming 'stability' of the macro-economic picture and 'continuity' as a springboard for development. This assumption was always centred on the idea that a poor man without a steady job or, more likely, perennially unemployed, could take that home with him and cook it for dinner.


The PNP countered with JEEP, which the party now says will be instituted. I wish it luck. This proposed emergency employment plan, workable or not, has been bought into by the people.
Because the JLP could not promise anything resembling this proposed crash programme, the assumption on the part of the JLP was always that the people would understand and wait, a most foolish position to hold if the JLP MPs had been in the trenches. What has in fact transpired is that not many discriminating people believed either party so must we assume that only those who walked through the gates of the big dance and arrived early believed it?


With the PNP capturing 53 per cent of the popular vote and 65 per cent of the seats in the lowest turnout in recent memory, it means that increasingly the majority of voters are deciding to remain at home as election cycles continue. The danger of that is that as the voter turnout decreases, the party which wins theoretically only has to pander to the wishes and the desires of its immediate base.
If it takes a crash programme to satisfy that need, then so be it, but that is a dangerous downhill slide in social and economic terms and it operates against the success of any long-term development.


It appears to me that even the PNP was surprised at the win. One JLP supporter who did not vote told me Thursday night, "Last Christmas, nuh work, no money nuh run; this Christmas, same ting. Den a how dem expect fi win?"


One PNP supporter e-mailed me the following: "Well, to say I am surprised is an understatement. Not only did the PNP win, but it was, in reality, a landslide. I never imagined that at all. I can only assume that the voters were upset with the JLP regarding lack of employment, the 'Dudus' affair, the Manatt enquiry, the JDIP scandal and the unimpressive debate between Mr Holness and Mrs Simpson Miller. Surprise, surprise. It was not even close.


"My worry is that the PNP did not expect this. It is like a "buck up". I do not believe they are ready to govern and lead Jamaica to prosperity and development. I say this as a PNP supporter. But I will watch carefully and see what the PNP does." Many people expect jobs next year."


The Buggery review matter has been heating up in the religious front as well since it was postured by Sista P and as we saw on December 31st on a television program "Word Power" restorative advocate and pastor Al Miller has now joined forces with a Singaporean anti gay Christian advocate and law professor Lian Thio 

who proposed among other things that laws that seek to destroy the family must be contested and not allowed to be passed, she is on the island to promote her new book "Mind The Gap" and participate in a lecture series as well on how Singapore mixes moral values and secularism in their society. She was at pains to say she does not support theocracy but as the interview progressed she kept hinting to the homosexual agenda and the need to fight it. She hinted to the gay agenda as very agnostic aggressive with secular humanism and  implanting its power in political circles while slowly opposing Christianity so as to inform laws and decisions. "Unrighteous laws breeds unrighteousness and lawlessness brings judgement, all this is in the book of Ezekiel ...... when it comes to homosexuality though I oppose same sex marriage, I argued to keep anti sodomy laws on the table ..... churches must not say it is wrong but also provide a solution," she continued she believed persons can be changed. Rev Miller agreed and hinted that the buggery review would be opposed from his standpoint. Miss Chio is the current editor of the Asian yearbook of international law and formerly the Chief Editor of the Singaporean International Journal and Comparative Law while also being a formerly government representative.


Clearly persons are now waking up either from a kind of slumber or daze just realizing that review was suggested, anger was the order of the day at a barber shop I was at the other night. The news was being read on television Jamaica TVJ and the buggery issue came up again, the reactions were mixed at first but when one male barber expressed outrage at gays flaunting their stuff in public the whole air of the discussion changed with some of the same persons who were tolerant before adjusting their tone, to me that is an indication of how fragile tolerance can be and can be influenced to the negative in short order as feeling run close to the surface for many persons just by observation.


The composition of the Senate is also of concern for some as the practice when members of parliament loose a seat they are not normally sent to the senate but the outgoing JLP may not have a choice when Andrew Holness thinks how to put voices that can guide the processes seeing that in the upper house the numbers are low and certain key voices such as Christopher Tufton are gone. The wise and tolerant outgoing President of the senate Ozwald Harding who also has been one of those open voices who advocated over the years for the Buggery Law repeal is no longer in the house. Albeit the senate may only be a slowing agent for key legislation reviews but since more younger persons are now in the mix how does a leader mix experience with youth while having proper representation?


My African neighbour who I referred to in the introduction in a spirited discourse yesterday morning by my gate as I bought my newspapers asked what I thought of the results? I told him I had mixed feelings as I was still wondering why the low voter turnout, he proceeded to reiterate some of the other opinions that the JLP was taught a lesson and the PNP too that it cannot sit by and not move quickly on issues to appease the turned off undecided voters. He also mentioned the buggery review issue and said he didn't have a problem with gay persons so long as they kept it private (I suppose a jab at me since he knows of my previous run in with the law and buggery charge in 1996) he was quick to point out though that he didn't think the gay community contributed money to the campaign as is rumoured but that there are obviously gay persons in the PNP just by looking at the makeup of the cadre of persons there. He like myself is concerned about the massive 2/3rds majority she has and her hold on such awesome power to make legislative changes almost a whim with very little counter from the soon to be opposition JLP, in his strong Nigerian accent he concluded: "it can be dangerous for democracy my friend but Jamaica is a fantastic place and one never knows what to expect" 
We were later joined by his University student tenant a 19 year old male who lived upstairs and another much older and experienced male neighbour two doors from me who originally hailed from Waterhouse, a former active PNP stronghold of the seventies and eighties, we recounted the previous elections and all realized that these are indeed interesting times, I was careful to infuse in the exchanges the buggery review component while not declaring my hand but they know very well that I am gay based on previous legal issues that were public except the 19 year old student tenant who is also a Christian, he just moved in some two years now, he said he was jaded by the ads especially the ones that attempted to make Mrs Simpson Miller out to be incompetent and never saw any messages that gave him hope so although he was enumerated/registered to vote he never voted he also went on to say that the buggery matter was a concern as well, the older neighbour somewhat jokingly said " ... a battyman run the werl" (gays that are running the world), an ode that also seems to be a kind of steadily growing resigning position coming from persons who once aggressively opposed any hint to homosexuality discussed publicly. This sentiment was also expressed by my own barber recently as well.


Several things confront us here friends in this time in Jamaica, the buggery issue may have also contributed to the aloofness by chiefly the undecided at the December 29th polls but it also seems to be gaining some momentum post the results, Jamaicans do not forget things easily as the other factors that went against the JLP is on the lips of the nation such as the Manatt Dudus affair, the JDIP program, the surveillance plane over Tivoli during the incursion with the subsequent denial of sorts by the outgoing National Security Minister who also lost his seat and the feeling of mistrust from former PM's Golding's departure coupled with the "Not In My Cabinet" stance that deeply offended the LGBT community. The incoming PNP also has a lot to do and its work is cut out regarding jobs, the hopelessness in the economy, the continuation of things that were functional or positive from the outgoing JLP, gone are the days when political parties running for or are in office can get comfortable and hope for second terms, the JLP is now the first one term administration and the people will put parties to pasture if they do not deliver if it means a low voter turnout, no vote is still a vote.


The gay community obviously had a hand in this time in the polls responding to the promise to review the buggery law by Sista P, it maybe the most votes ever cast by our cohort in any election ever.


Peace and tolerance


H


Also see: Internalized homophobia glaring since the elections …. a worrying trend

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 

Nigeria: Stop the anti-same sex marriage bill, decriminalize same sex love!

Why this is Important

The Nigerian lawmakers are attempting to pass a bill titled “An Act to Prohibit Marriage between Persons of Same Gender, Solemnization Of Same And For Other Matters Related Therewith” The bill aims to further criminalized same sex relationship and marriage.

Under Nigeria’s criminal code and penal code, consensual same sex conduct between adults is a criminal offense. Chapter 42, section 214 of Nigeria’s criminal code provides a sentence of fourteen years imprisonment for "carnal knowledge against the order of nature". The Sharia law, widely practiced in Northern Nigeria prescribed death penalty for homosexual conducts.

The proposed bill violates fundamental human rights that are guaranteed under the Nigerian constitution and various human rights international agreements that Nigeria is a signatory to. This bill could lead to political and social harassment of people for their actual or imputed sexual orientation. It could also stifle freedom of expression and association through the proposed ban on organizations that support Lesbians and gay rights.

The bill could further affect Nigeria Human rights records, many including the police would use it as a license to intimidate and harass citizens based on their actual or suspected sexual orientation. The passing of the bill would give official validation to the harassment of sexual minorities and many homophobic persons would use it as a license to discriminate against lesbians and gays. Hate crime are not uncommon in Nigeria.

Please sign the letter below to urge Nigerian lawmakers to decriminalize Same sex relationship, stop the proposed anti same sex marriage bill and uphold fundamental human rights of Lesbians, Gays, Bisexuals transsexuals in Nigeria. Thank you.

SIGN the petition HERE on Change.org

here is a letter you can copy to send to them as well:

NIGERIA: STOP THE ANTI SAME SEX MARRIAGE BILL, DECRIMINALIZE SAME SEX LOVE!

Dear Nigerian Lawmakers,

I just signed the following petition addressed to: NIGERIA LAWMAKERS, SENATE PRESIDENT, HUMAN RIGHTS COMMITTEE MEMBERS, NATIONAL HUMAN RIGHTS COMMISSION.

----------------
LGBT RIGHTS ARE HUMAN RIGHTS! STOP THE ANTI SAME SEX MARRIAGE BILL, DECRIMINALIZE SAME SEX LOVE!!

It is with deep concern that I signed this petition to register my dismay at the proposed Bill titled “An Act to Prohibit Marriage Between Persons of Same Gender, Solemnization of Same and for Other Matters Related Therewith” sponsored by senator Domingo Obende. This bill contradicts fundamental human rights under Nigeria constitution, international and regional human rights law and standards e.g.
• Nigeria Constitution- Section 42 prohibits discrimination against any person on the basis of sex or membership of a group. Also, Section 34 guarantees the right to the dignity of the human person; it states “Every individual is entitled to respect for the dignity of his person, and accordingly no person shall be subjected to torture or to inhuman or degrading treatment;”

•The African Charter on Human and Peoples' Rights – This regional law affirms the equality of all people. Article 2 of the law states: "Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status." Article 26 of the law prescribes that "Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance."

•International Covenant on Civil and Political Rights (ICCPR) - Article 2 and 26 affirm the equality of all people before the law and the right to freedom from discrimination. Articles 18 and 19 protect the rights to freedom of expression and Conscience. Also Articles 21 and 22 protect Freedom of Assembly and Freedom of Association.

•United Nations Declaration on Human Rights Defenders - Article 5 of this declaration affirms that "everyone has the right, individually and in association with others, at the national and international levels: a) to meet or assemble peacefully; b) to form, join and participate in non-governmental organizations, associations or groups." Article 7 also states that “Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance."

Sodomy law is a relic from British colonization. The British parliament and many of its former colonies e.g. Canada, Australia, South Africa and India have repealed the law. Why is Nigeria clinging and seeking to strengthen this antiquated law through the proposed Anti-same sex relationship bill?

The argument that any sexual act or relationship that deviates from the standard heterosexual norm is against African culture is using “culture” to sanction the erasure of dialogue about alternative sexualities and to condone homophobia, therefore constituting a form of cultural violence. A society that stifles sexual and gender identities discourages the recognition of human dignity. LGBT rights are human rights-
• Say NO to the passage of this bill.
• Repeal Sodomy laws and other criminal provisions against consensual same-sex relationships
• Protect and uphold the human rights of Lesbians, Gays, Bisexuals, Transsexuals and human rights defenders in Nigeria.

I hope you agree with me that States should be responsible for respecting, protecting and enabling human rights and not the limitation and violation of human rights of its citizens. Thank you for listening.


----------------

Sincerely,

[Your name]

SIGN the petition HERE on Change.org


Following failed attempts in 2006 and 2008, Nigerian lawmakers are resurrecting a version of a widely condemned anti-homosexuality bill, now entitled: "An Act to Prohibit Marriage between Persons of Same Gender, Solemnization Of Same And For Other Matters Related Therewith".

Read the bill here:
http://www.nass.gov.ng/nass/legislation2.php?search=marriage+&Submit=Search 

Sign the petition against the ban on same-sex marriage
http://www.change.org/petitions/nigeria-stop-the-anti-same-sex-marriage-bill-decriminalize-same-sex-love  

"The new Nigerian bill aims to further criminalise same sex relationships and marriage," said Nigerian Yemisi Ilesanmi, coordinator of the campaign: Nigerian LGBT in the Diaspora Against Anti Same Sex Laws.

"Lawmakers are fast tracking the bill. The bill has already passed its second reading. A public hearing is scheduled for Monday 31st October, 2011. However, there are concerns within the Nigerian LGBT community that the recent bomb blasts in the country could be used as a pretext to deny public access to the hearing.

"Under Nigeria's criminal code and penal code, consensual same sex conduct between adults is already a criminal offence carrying up to 14 years imprisonment and in some parts of the country, the death penalty under Sharia law.

"The proposed bill violates fundamental human rights that are guaranteed under the Nigerian constitution and various human rights international agreements that Nigeria is a signatory to.

"This bill would lead to harassment of people for their actual or imputed sexual orientation. It would also stifle freedom of expression and association through the proposed ban on organizations that support lesbian and gay rights.

"The passing of the bill would give official validation to the harassment of sexual minorities and many homophobic persons would use it as a license to discriminate against lesbians and gays," said Ms Ilesanmi.

The bill states -

1.-(1) Marriage Contract entered between persons of same Gender is hereby prohibited in Nigeria.

(3) Marriage Contract entered between persons of same gender by virtue a certificate issued by a foreign country shall be void in Nigeria, and any benefits accruing there from by virtue of the certificate shall not be enforced by any court of law in Nigeria."

It further states: "Same Gender Marriage" means the coming together of persons of the same sex with the purpose of leaving together as husband and wife or for other purposes of same sexual relationship."

Read the Bill in full here:
http://www.nass.gov.ng/nass/legislation2.php?search=marriage+&Submit=Search 

More information:

YEMISI ILESANMI
Coordinator - Nigerian LGBT in the Diaspora Against Anti Same Sex Laws
Tel- +44 (0) 7577749875
Email- nanfs2001@yahoo.com 

Nigerians and Allies Speak Out Against the Bill

Some human rights organizations in Nigeria have condemned the bill, The Coalition for the Defense of Sexual Rights in its press statement said: "We wish to remind the parliament that, Nigeria is a secular state. Therefore, implicating that laws of our land cannot and should not be drafted and/or enact on the basis of religious and cultural value. This value already differ as Nigeria is a heterogeneous society, hence our federal system of government."

Women Advocates Research and Documentation Center argues that: "the bill violates the fundamental rights guaranteed under Nigerian law and other regional and international human rights norms signed and adopted by Nigeria, people must have a right to be who they want to be ! There are other pressing issues that the government should focus on than a discriminatory law of this nature!"

International Center on Advocacy on Rights to Health (ICARH) stated: "LGBTI Rights are Human Rights. Let us stand up for Equal Rights."

A petition was created by Yemisi Ilesanmi, coordinator of the campaign Nigerian LGBT in the Diaspora Against Anti Same Sex Laws. Read and sign the petition here:  http://www.change.org/petitions/nigeria-stop-the-anti-same-sex-marriage-bill-decriminalize-same-sex-love 

Justice for Gay Africans, a UK-based collaborative of activists, artists, and academics wrote on the petition: "Please sign this all... it is essential to make sure we use the democratic access we have to affect how our communities are governed"

John Adewoye, a Nigerian in USA wrote: "I am gay, not a criminal"

Davis Mac-Iyalla a Nigeria born Gay/Human Rights Defender based in London said, "Homosexuality is currently illegal in Nigeria, this bill if passed will lead to increased arrests and abuse of anyone suspected to be gay. It's my nature to be Gay so stop using the law to oppress me and my nature."

Rowland Jide Macaulay, a Christian Theologian and Founder of House of Rainbow Fellowship an inclusive Christian organisation, wrote: "I am Gay, Proud Nigerian, my family love me and we love our nation. This bill will not only criminalise gays and lesbian, it will dehumanise and break up families."

The Nigerian LGBT community, with international support, has been successful in quashing this bill twice, but now needs international support to throw out this bill once and for all.

In its latest international newsletter, the UK trade union, UNISON, wrote:
"The proposed bill violates fundamental human rights that are guaranteed under the Nigerian constitution and numerous human rights international agreements that Nigeria has ratified. The passing of the bill would legitimize the rampant incidences of homosexual-targeted hate crimes that occur in Nigeria. It would also give official validation to the social and political harassment of sexual minorities. UNISON denounces this attempt to curtail basic human rights within the LGBT community and their allies. We are asking members to please sign this petition urging the Nigerian government to decriminalize same sex relationships, stop the proposed bill and uphold the fundamental human rights of lesbian, gay, bisexual and transgender people in Nigeria.

Peter Tatchell, Director of the human rights lobby, the Peter Tatchell Foundation, wrote: "This proposed new law violates the African Charter on Human and People's Rights and other international human rights laws that Nigeria has signed and pledged to uphold."